APPENDIX
RESOLUTIONS ANDTEMPORARY STANDING ORDERS
RESOLUTIONS
Matters
sub judice
Resolution of 15th November 2001
Resolved, That, subject
to the discretion of the Chair, and to the right of the House
to legislate on any matter or to discuss any delegated legislation,
the House in all its proceedings (including proceedings of committees
of the House) shall apply the following rules on matters sub
judice:
(1) Cases in which proceedings are active in United
Kingdom courts shall not be referred to in any motion, debate
or question.
(a) (i) Criminal proceedings
are active when a charge has been made or a summons to appear
has been issued, or, in Scotland, a warrant to cite has been granted.
(ii) Criminal proceedings
cease to be active when they are concluded by verdict and sentence
or discontinuance, or, in cases dealt with by courts martial,
after the conclusion of the mandatory post-trial review.
(b) (i) Civil proceedings are active when
arrangements for the hearing, such as setting down a case for
trial, have been made, until the proceedings are ended by judgment
or discontinuance.
(ii) Any application made
in or for the purposes of any civil proceedings shall be treated
as a distinct proceeding.
(c) Appellate proceedings, whether criminal
or civil, are active from the time when they are commenced by
application for leave to appeal or by notice of appeal until ended
by judgment or discontinuance.
But where a ministerial decision is in question,
or in the opinion of the Chair a case concerns issues of national
importance such as the economy, public order or the essential
services, reference to the issues or the case may be made in motions,
debates or questions.
(2) Specific matters which the House has expressly
referred to any judicial body for decision and report shall not
be referred to in any motion, debate or question, from the time
when the Resolution of the House is passed until the report is
laid before the House.
(3) For the purposes of this Resolution
(a) Matters before
Coroners Courts or Fatal Accident Inquiries shall be treated as
matters within paragraph (1)(a);
(b) 'Motion' includes a motion for leave to
bring in a bill; and
(c) 'Question' includes a supplementary question.
Scrutiny
of European Business
Resolution of 17th November 1998, as in effect
following the entry into force of the Treaty of Amsterdam.
Resolved, That the Resolution
of the House of 24th October 1990 relating to European Community
Legislation be rescinded and the following Resolution be made:
That
(1) No Minister of the Crown should give agreement
in the Council or in the European Council to any proposal for
European Community legislation or for a common strategy, joint
action or common position under Title V or a common position,
framework decision, decision or convention under Title VI of the
Treaty on European Union
(a) which is still
subject to scrutiny (that is, on which the European Scrutiny Committee
has not completed its scrutiny) or
(b) which is awaiting consideration by the
House (that is, which has been recommended by the European Scrutiny
Committee for consideration pursuant to Standing Order No. 119
(European Standing Committees) but in respect of which the House
has not come to a Resolution).
(2) In this Resolution, any reference to agreement
to a proposal includes
(a) agreement to a
programme, plan or recommendation for European Community legislation;
(b) political agreement;
(c) in the case of a proposal on which the
Council acts in accordance with the procedure referred to in Article
251 of the Treaty of Rome (co-decision), agreement to a common
position, to an act in the form of a common position incorporating
amendments proposed by the European Parliament, and to a joint
text; and
(d) in the case of a proposal on which the
Council acts in accordance with the procedure referred to in Article
252 of the Treaty of Rome (co-operation), agreement to a common
position.
(3) The Minister concerned may, however, give agreement
(a) to a proposal
which is still subject to scrutiny if he considers that it is
confidential, routine or trivial or is substantially the same
as a proposal on which scrutiny has been completed;
(b) to a proposal which is awaiting consideration
by the House if the European Scrutiny Committee has indicated
that agreement need not be withheld pending consideration.
(4) The Minister concerned may also give agreement
to a proposal which is still subject to scrutiny or awaiting consideration
by the House if he decides that for special reasons agreement
should be given; but he should explain his reasons
(a) in every such
case, to the European Scrutiny Committee at the first opportunity
after reaching his decision; and
(b) in the case of a proposal awaiting consideration
by the House, to the House at the first opportunity after giving
agreement.
(5) In relation to any proposal which requires adoption
by unanimity, abstention shall, for the purposes of paragraph
(4), be treated as giving agreement.
Questions
to Ministers
Resolution of 25th October 1999
Resolved, That, subject
always to the discretion of the Chair, and in addition to the
established rules of order on the form and content of questions,
questions may not be tabled on matters for which responsibility
has been devolved by legislation to the Scottish Parliament or
the National Assembly for Wales unless the question:
(a) seeks information
which the United Kingdom Government is empowered to require of
the devolved executive, or
(b) relates to matters which:
(i) are included in legislative
proposals introduced or to be introduced in the United Kingdom
Parliament,
(ii) are concerned with the operation of a concordat
or other instrument of liaison between the United Kingdom Government
and the devolved executive, or
(iii) United Kingdom Government ministers have taken
an official interest in, or
(c) presses for action by United Kingdom ministers
in areas in which they retain administrative powers.
TEMPORARY
STANDING ORDERS
New
provision for earlier sittings on Tuesdays[1]
and Wednesdays, and for Thursdays and Fridays, 29th October
2002
Ordered, That, with effect
from 1st January 2003 until the end of the Parliament, the Standing
Orders and practice of the House shall have effect subject to
the following modifications:
(1) Subject to paragraph (3) of this order and to
paragraph (14)(a) of Standing Order No. 1B (Election of
Speaker by secret ballot), the House shall meet on Tuesdays and
Wednesdays at halfpast eleven o'clock and
(a) the moment of
interruption shall be at seven o'clock;
(b) in their application to such sittings,
reference to a specified time in the Standing Orders shall be
interpreted as reference to a time three hours earlier, except
that reference to twelve o'clock in Standing Order No. 24 (Adjournment
on specific and important matter that should have urgent consideration)
shall be read as reference to halfpast ten o'clock, and
that references to one o'clock, a quarter past one o'clock and
halfpast three o'clock in Standing Order No. 88 (Meetings
of standing committees) shall be read as references to twentyfive
minutes past eleven o'clock, twenty minutes to twelve o'clock
and two o'clock respectively; and
(c) divisions deferred under the provisions
of the Order (Deferred Divisions) shall be held at halfpast
Twelve o'clock.
(2) On Tuesdays and Wednesdays the sitting in Westminster
Hall shall begin at halfpast nine o'clock, shall be suspended
from halfpast eleven o'clock until two o'clock and may then
continue for up to a further two and a half hours (and in calculating
that period no account shall be taken of any period during which
the sitting may be suspended owing to a division being called
in the House or a Committee of the whole House).
(3) Paragraphs (1) and (2) of this Order shall not
apply to a Tuesday or Wednesday sitting which immediately follows
a periodic adjournment of more than two days or is the first day
of a Session, and in the former case the sitting in Westminster
Hall shall begin at halfpast nine o'clock and conclude at
two o'clock.
(4) On Thursdays the provisions of paragraph (1)
of this Order shall apply (and the provisions of paragraphs (2)
and (3) shall not apply), except that the moment of interruption
shall be at six o'clock and
(a) opposed private
business under Standing Order No. 20 (Time for taking private
business), urgent debates set down for the same day by direction
of the Speaker under Standing Order No. 24 (Adjournment on specific
and important matter that should have urgent consideration), opposition
halfday debates under paragraph (2)(c)(ii) of Standing
Order No. 14 (Arrangement of public business) and halfday
Estimates debates under paragraph (3)(b) of Standing Order
No. 54 (Consideration of estimates) shall begin at three o'clock;
(b) opposition halfday debates under
paragraph (2)(c)(i) of Standing Order No. 14 and halfday
Estimates debates under paragraph (3)(a) of Standing Order
No. 54 shall lapse, or be interrupted, as the case may be, at
four o'clock; and
(c) references to eleven o'clock and halfpast
eleven o'clock in Standing Orders No. 15 (Exempted business) and
No. 17 (Delegated Legislation (negative procedure)) shall be read
as references to seven o'clock and halfpast seven o'clock
respectively.
(5) Unless the House otherwise orders, the House
shall not sit on any Friday other than those on which private
Members' bills have precedence and
(a) when the House
is not sitting on a Friday it shall, at its rising on the previous
Thursday, stand adjourned till the following Monday without any
question being put, unless it shall have resolved otherwise; and
(b) paragraph (4) of Standing Order No. 12
(House not to sit on certain Fridays) shall apply to any Friday
on which the House does not sit by virtue of this order, with
the addition of notices of motions relating to proceedings on
bills committed to a standing committee to the notices which may
be received by the Public Bill Office under sub-paragraph (b)
of that paragraph.
Modernisation
of the House of Commons,
16th July 2001
Ordered, That a Select
Committee of fifteen Members be appointed to consider how the
practices and procedures of the House should be modernised, and
to make recommendations thereon;
That the Committee have power to send for persons,
papers and records, to sit notwithstanding any adjournment of
the House; to adjourn from place to place; to report from time
to time and to appoint specialist advisers;
[The next paragraph contains the names of the
Members]
That this Order be a Standing Order of the House
until the end of the present Parliament.
Liaison
Committee (Membership)
5th November 2001
(as in force following re-naming of the
Deregulation and Regulatory Reform Committee as the Regulatory
Reform Committee on 14th May 2002 and amendments of 22nd July
2002 and 27th January and 11th September 2003)
Ordered, That
(1) With effect for the current Parliament, notwithstanding
Standing Order No. 121 (Nomination of select committees), the
Chairman for the time being of each of the Select Committees listed
in paragraph (2) below shall be a member of the Liaison Committee;
(2) The Committees to which paragraph (1) above applies
are:
Accommodation and Works
Administration
Broadcasting
Catering
Constitutional Affairs
Culture, Media and Sport
Defence
Education and Skills
Environmental Audit
Environment, Food and Rural Affairs
European Scrutiny
Finance and Services
Foreign Affairs
Health
Home Affairs
Joint Committee on Human Rights
(the Chairman being a Member of this House)
Information
| International Development
Northern Ireland Affairs
Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions
Procedure
Public Accounts
Public Administration
Regulatory Reform
Science and Technology
Scottish Affairs
Selection
Standards and Privileges
Statutory Instruments
Trade and Industry
Transport
Treasury
Welsh Affairs
Work and Pensions;
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and
(3) Mr Alan Williams and Mr Richard Allan shall also
be Members of the Liaison Committee.
Joint
Activities with the National Assembly for Wales7th June 2004 for
remainder of present Parliament
The Welsh Affairs Committee may invite members of
any specified committee of the National Assembly for Wales to
attend and participate in its proceedings (but not to vote).
Shorter
speeches
26th October 2004 for next two sessions
The Speaker may call Members between certain hours
to speak for a specified maximum time (not being less than three
minutes) and during this time the reference to eight minutes in
paragraph (1) of Standing Order No. 47 (Short speeches) and the
provisions of paragraph (2) of that order shall not apply.
1 For the effect of this Order, see the Table on page
xvi. The House made a separate Order for Tuesdays in the same
terms as for Wednesdays in paragraphs (1) to (3) of this Order
(except paragraph (1)(c)): the two Orders have been combined
for ease of reference. Back
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