Guidance on Private Bills
Foreword
Part One: Private Bills
Definition of a Private Bill
Devolution and the limits of legislative competence
Layout and presentation
Part Two: Preparations for introduction
Pre-introduction consultation
Discussion with the clerks
Preparation of the Bill—
"Proper form" and layout of Bills
Guidance to draftsmen of Private Bills
Preparation of accompanying documents
Accompanying documents required for every Private Bill—
Explanatory Notes
Promoter’s Memorandum
Promoter’s Statement
Assignation of copyright/licensing agreement or agreements with the Scottish Parliamentary Corporate Body
Accompanying Documents required for certain Bills—
Estimate of Expense and Funding Statement
Maps, plans, sections and book of reference
Environmental Statement
Draft Code of Construction Practice
Draft Noise and Vibration Policy
Printing, publication and distribution of Bill and Accompanying Documents—
Accompanying documents software
Submission of finalised documents
Distribution arrangements
Introduction of the Bill—
Fees
Part Three: Lodging of objections
Right to object
Discussions with the clerks
Time limit for lodging objections
Form of objection
Admissibility of objections
Means of lodging objections
Data Protection
Fees
Notification by the clerks
Withdrawal
Change of objector
Objections to possible amendments to the Bill Affecting third parties
Statements in relation to consultation
Part Four: Private Bill Committee
Establishment and membership—
Establishment of Committee
Remit and duration
Membership
Quorum and attendance at meetings
Convener and deputy convener
Sub-committees and reporters
Clerks, advisers and other staff—
Clerks to the Committee
Parliament legal advisers
Official reporters and broadcasters
Security staff
Advisers
Committee meetings—
Time and place of meetings
Public and private meetings
Attendance by non-Committee members
Conduct during meetings
Matters sub judice
Language
Part Five: Stages of the Bill
The three-Stage process
Preliminary Stage—
Consideration of general principles
Consideration of whether the Bill should proceed as a Private Bill
Consideration of objections
Preliminary Stage Report
Preliminary Stage Debate
Consideration Stage—
Phase 1 (Evidence)—
Selection and grouping of objections
Timetabling
Written evidence
Legal representation
Order of proceedings
Additional evidence and witnesses
Assessor
Option 1 – Grouping, invitations and evidence
Option 2 – Evidence only
Data Protection
Consideration Stage Report
Possible amendments to the Bill affecting third parties
Phase 2 (Amendments)—
Consideration Stage amendments
Order of consideration
Recording decisions on amendments
The Bill as amended
Final Stage—
Amendments at Final Stage
Order of consideration
Selection of amendments
Proceedings on amendments
Adjournment to a later day
Re-commitment
Debate and vote on whether the Bill be passed
Crown consent
"As Passed" print
Reconsideration Stage—
Legal challenges to a Bill once passed
Motions to reconsider the Bill
Amendments at Reconsideration Stage
Proceedings at Reconsideration Stage
Crown consent
Financial resolution
Carryover of Private Bill
Withdrawal of Private Bill
Change of promoter
Royal Assent and after—
From Bill to Act
Royal Assent version of the Bill
Preparation of the Official Print
After enactment
Part Six: Amendments
Introduction
Basic principles—
Separate textual amendments
The rule of progress
Admissibility of amendments—
Proper form
Relevance
Consistency with general principles
Consistency with decisions already taken
Role of clerks in determining admissibility
Lodging amendments—
When an amendment can be lodged
Where amendments are lodged
Which parts of the Bill may be amended
Who may lodge amendments
Correcting amendments after lodging
Part Seven: Printing, marshalling, grouping and selecting amendments
Rules on marshalling
Daily list of amendments
Marshalled List
Grouping of amendments
Selection of amendments
Part Eight: Proceedings on Amendments
Proceedings at all Stages—
Calling amendments
Moving amendments
Withdrawing amendments that have been moved
Putting the question and voting on amendments
Amendments in groups
Amendments to amendments
Manuscript amendments
Proceedings at Consideration Stage—
Agreement to sections and schedules
Consideration of the long title
Annexes
Annex A: Private Bill process flowchart
Annex B: Determination by the Presiding Officer on proper form of Private Bills
Annex C: Structure and content of Private Bills
Annex D: Determination on proper form of accompanying documents
Annex E: Layout of accompanying documents
Annex F: Model notification letter
Annex G: Determinations by the Presiding Officer on notification and consent
Annex H: Determination by the Presiding Officer on advertisement of intention to introduce Private Bill
Annex I: Determination by the Presiding Officer on distribution of Private Bill and certain accompanying documents
Annex J: Determination by Parliamentary Corporation on fees and reimbursement of costs
Annex K: Determination by the Presiding Officer on classes of works
Annex L: Determination by the Presiding Officer on Estimate of Expense and Funding Statement
Annex M: Determination by the Presiding Officer on maps, plans, sections and book of reference
Annex N: Determination by the Presiding Officer on Environmental Statement
Annex O: Confirmation of entitlement to reduced fees
Annex P: Determination by Presiding Officer on mandatory consultees and consultation on environmental impact
Annex Q: Determination by the Presiding Officer on proper form of objections to Private Bills
Annex R: Model layout for objection to Private Bill
Annex S: Determination by the Presiding Officer on proper form of amendments
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