Annex 1: Proposed revisions of standing
orders relating to public business
Election of the Speaker: Member presiding
1.—(1) Whenever
it is necessary to proceed forthwith to the choice of a new Speaker
in consequence of the Speaker having ceased for any reason to
be a Member of this House, the chair shall be taken by that Member,
present in the House and not being a Minister of the Crown, who
has served for the longest period continuously as a Member of
this House.
(2) Whenever it is necessary to proceed to the choice
of a new Speaker in consequence of an intimation to Her Majesty
by the Speaker of his or her wish to relinquish that office
then the Speaker shall continue to take the chair and shall perform
the duties and exercise the authority of Speaker until a new Speaker
has been chosen, whereupon the Speaker shall leave the chair and
shall cease to perform those duties and to exercise that authority
and the Speaker Elect shall take the chair accordingly:
Provided that, if when this House proceeds to choose
a new Speaker the unavoidable absence of the Speaker has been
announced, the Deputy Speaker shall forthwith leave the chair
and the chair shall be taken in accordance with the provisions
of paragraph (1) of this order.
(3) A Member taking the chair under the provisions
of paragraph (1) of this order shall enjoy all those powers which
may be exercised by the Speaker during proceedings under (2) thereof.
Addition for neutral gender in para (2).
Re-election of former Speaker.
1A.—(1) If at the commencement
start of a Parliament the Member who was Speaker at the
dissolution of the previous Parliament is returned to the House,
the Member presiding in accordance with Standing Order No. 1 (Election
of the Speaker: Member presiding) shall, when the House meets
to proceed with the choice of a Speaker, ascertain whether the
former Speaker is willing to be chosen as Speaker, and, the former
Speaker having submitted him- or herself to the
House, shall call upon a Member to move that he or she do
take the Chair of this House as Speaker; and the question thereon
on it shall be put forthwith.
(2) If the question is agreed to, the former Speaker
shall thereupon
then take the chair as Speaker-elect.
(3) If the question is negatived, the Member presiding
shall forthwith adjourn the House to the following day at half-past
two o'clock 2.30 pm, and the
House shall proceed in accordance with Standing Order No. 1B (Election
of Speaker by secret ballot).
Drafting amendments and additions for neutral gender
in para (1).
Drafting amendment in para (3).
Election of Speaker by secret ballot.
1B.—(1) If the question put in accordance with
Standing Order No. 1A (Re-election of former Speaker) has been
negatived, and on any other occasion when it is necessary to proceed
with the choice of a new Speaker, the election shall be by secret
ballot.
(2) Preparatory
Arrangements for a ballot shall be made under the supervision
of the Clerk of the House.
(3) (a) Nominations of candidates shall be
in writing and shall be received by the Clerk of the House between
half-past nine o'clock and half-past
ten o'clock in the morning 9.30
and 10.30 am on the day on which the House is to elect a Speaker.
(b) Each nomination shall consist of a signed
statement made by the candidate declaring his or her willingness
to stand for election accompanied by the signatures of not fewer
than twelve nor more than fifteen Members, of whom not fewer than
three shall be Members elected to the House as members of any
party other than that to which the candidate belongs or members
of no party.
(bb) No Member shall sign more than one such
statement and if any Member does so, his or her signature
shall no longer be valid.
(c) As soon as practicable following the close
of nominations, lists of the candidates shall be placed in the
Members' lobby and published.
(4) If only one Member is nominated in accordance
with paragraph (3) above, the Member presiding shall, when the
House meets to elect a Speaker, invite the Member so nominated
to submit him- or herself to the House, and shall then
put forthwith the question that that Member do take the Chair
of this House as Speaker.
(5) Paragraphs (6) to (13) of this order shall apply
if two or more Members are nominated in accordance with paragraph
(3) above.
(6) When the House meets, the order in which candidates
may address the House shall be determined by lot; the Member presiding
shall then invite each candidate to address the House; and after
all candidates have been given an opportunity to speak, the Member
presiding shall direct the House to proceed to a ballot.
(7) The Member presiding may not vote in any ballot.
(8) (a) A ballot shall take place in the lobbies
unless the Member presiding directs otherwise.
(b) Each Member intending to vote shall be
provided with a ballot paper bearing the names of the candidates
listed in alphabetical order.
(c) Each such Member may vote for only
one candidate on the ballot paper.
(d) A ballot shall be declared closed after
the expiration of
half an hour and counting shall take place under arrangements
made by the Clerk of the House.
(e) The Member presiding shall have discretion
to vary the timings given in this order and power to give final
directions on any matter of doubt arising from the conduct of
a ballot or from an individual ballot paper.
(9) As soon as practicable after the votes have been
counted the Member presiding shall announce to the House the numbers
of votes cast for each candidate.
(10) If a candidate has received more than half the
votes cast in a ballot, the Member presiding shall forthwith put
the question that that Member do take the Chair of this House
as Speaker.
(11) If no candidate has received more than half
the votes cast in a ballot the Member presiding shall direct the
House to proceed forthwith to a further ballot to which paragraph
(12) below shall apply.
(12) In any further ballot no new nominations may
be received and the names of—
(a) the candidate who received the fewest
votes in the previous ballot;
(b) any candidate who received less than five
per cent. of the votes cast in the previous ballot; and
(c) any candidate who, within ten minutes
of the announcement in the House of the result of the previous
ballot, shall have notified the Member presiding of his or
her intention to withdraw,
shall be removed from the ballot paper, except that
where two or more candidates received the same number of votes,
their names shall remain on the ballot paper unless paragraph
(b) applies.
(13) If the effect of paragraph (12) above is to
remove from the ballot paper the name of every candidate except
one, the Member presiding shall forthwith put the question that
that Member do take the Chair of this House as Speaker.
(14) (a) Notwithstanding the provisions of
Standing Orders No. 9 (Sittings of the House) and No. 11 (Friday
sittings), on any day on which the House meets to elect a Speaker,
it shall meet at half-past two o'clock
2.30 pm.
(b) No amendment may be offered to the question
that a Member do take the Chair of this House as Speaker.
(c) If that question is agreed to, that Member
shall thereupon
then take the chair as Speaker-elect.
(d) If that question is negatived, the Member
presiding shall forthwith adjourn the House to the following day
at half-past two o'clock
2.30 pm, and the provisions of paragraph (3) above shall
apply in respect of a fresh ballot.
Drafting amendments in paras (3)(a), (8)(d) and (14)
(a) and (d).
Additions for neutral gender in paras (3)(b), (4)
and (12)(c).
Deputy Chairmen
2. At the commencement of every Parliament,
or from time to time, as necessity may arise, the House may appoint
two Deputy Chairmen of Ways and Means, who shall be known respectively
as the First and the Second Deputy Chairman of Ways and Means,
and who shall be entitled to exercise all the powers vested in
the Chairman of Ways and Means, including his powers as Deputy
Speaker.
Deletion of SO, because it has been superseded by
No. 2A.
Election of the Deputy Speakers.
2A.—(1) At the commencement
start of every Parliament, or from time to time, as necessity
may arise, the Speaker shall notify the House of the arrangements
to be made to elect a Chairman of Ways and Means and two Deputy
Chairmen of Ways and Means, who shall be known respectively as
the First and the Second Deputy Chairman of Ways and Means. The
Deputy Chairmen shall be entitled to exercise all powers vested
in the Chairman of Ways and Means, including his or her powers
as Deputy Speaker. [Was para (9) of this SO.]
(2) The election shall be by secret ballot.
(3) Preparatory
Arrangements for a ballot shall be made under the supervision
of the Clerk of the House.
(4) (a) Nominations of candidates shall be
in writing and shall be received by the Clerk of the House between
10.00 am and 5.00 pm on the Thursday before the House is to elect
the Deputy Speakers.
(b) Each nomination shall consist of a brief
signed statement made by the candidate declaring his or her
willingness to stand for election accompanied by the signatures
of not fewer than six nor more than 10 Members. No Member shall
sign more than three such statements and if any Member does so,
his or her signature shall no longer be valid.
(c) As soon as practicable following the close
of nominations, lists of the candidates and their sponsors and
the statements shall be placed in the Members' lobby and published.
(5) (a) A ballot shall take place between
eleven o'clock and twelve o'clock
10.00 am and 4.00 pm on a Wednesday in a place appointed
by the Speaker.
(b) Each Member intending to vote shall be
provided with a ballot paper bearing the names of the candidates
listed in alphabetical order.
(c) Each such Member may vote for as many
or as few candidates on the ballot paper as he or she wishes,
marking them in order of preference.
(d) Counting shall take place under arrangements
made by the Clerk of the House.
(e) The ballot shall be counted under the
single transferable vote system with constraints that of those
elected:
(i) two candidates shall come from the opposite
side of the House to that from which the Speaker was drawn, the
first of which candidates will be Chairman of Ways and Means and
the second, Second Deputy Chairman of Ways and Means;
(ii) one candidate shall come from the same
side of the House as that from which the Speaker was drawn and
shall be First Deputy Chairman of Ways and Means; and
(iii) at least one man and at least one woman
shall be elected across the four posts of Speaker and Deputy Speakers.
(f) The Speaker shall have discretion to vary
the timings given in this order and power to give final directions
on any matter of doubt arising from the conduct of a ballot or
from an individual ballot paper.
(6) As soon as practicable after the votes have been
counted the Speaker shall announce to the House the results of
the ballot and direct the Clerk to enter the names of the elected
Members in the Journal.
(7) Where a ballot is needed to elect to a single
vacant post of Deputy Speaker
as a result of a change in the Speaker,
the election shall be held with candidates from only the relevant
side of the House.
(8) Each Deputy Speaker elected under this order
is so elected to serve until the end of the Parliament.
(9) The Deputy Chairmen
shall be entitled to exercise all powers vested in the Chairman
of Ways and Means, including his powers as Deputy Speaker.
[Moved to end of para (1)]
(9) The Speaker may appoint up to three Members
of the House to serve as temporary Deputy Speakers for a period
which shall end when Deputy Speakers have been elected in accordance
with this order; and a Member so appointed shall be entitled to
exercise all the powers vested in the Chairman of Ways and Means
for as long as he or she so serves.
Additions for neutral gender in paras (1) addition,
(4)(b) and (5)(c).
Drafting amendment in paras (1).
Changes to timings of nominations (in para (4)(a))
and ballot (in para (5)(a)) for consistency with other House elections.
Clarification of para (7).
Former para (9) moved to end of para (1) for clarity
Addition of new para (9) to prevent the need for
a motion to appoint temporary Deputy Speakers at the start of
each Parliament.
Deputy Speaker
Duties and powers of Deputy Speakers
3.—(1) The Chairman of Ways and Means or a
Deputy Chairman shall take the chair as Deputy Speaker when requested
so to do by the Speaker, without any formal communication to the
House.
(2) Whenever the House shall be informed by the Clerk
at the Table of the unavoidable absence or the absence by leave
of the House of the Speaker, or where paragraph (3) of this order
applies, the Chairman of Ways and Means shall perform the duties
and exercise the authority of the Speaker in relation to all proceedings
of this House, as Deputy Speaker, until the Speaker resumes the
chair or, if he does not resume the chair during the course of
the sitting, until the next meeting of the House, and so on from
day to day, on the like information being given to the House,
until the House shall otherwise order:
Provided that if the House shall adjourn for more
than twenty-four hours the Chairman of Ways and Means shall continue
to perform the duties and exercise the authority of the Speaker,
as Deputy Speaker, for twenty-four hours only after such adjournment.
(3) For the purpose of paragraph (2) of this order,
the Speaker shall have leave of absence, if he thinks fit, on
any Friday on which the House sits.
(4) Whenever the House has been informed by the Clerk
at the Table of the unavoidable absence or the absence by leave
of the House both of the Speaker, and of the Chairman of Ways
and Means, the First Deputy Chairman of Ways and Means shall perform
the duties and exercise the authority of the Speaker in accordance
with paragraph (2) of this order; and if the House should be so
informed of the unavoidable absence or the absence by leave of
the House of the First Deputy Chairmen also, the Second Deputy
Chairman shall perform those duties and exercise that authority.
Title changed to reflect substance of SO.
Panel of Chairs
4.—(1) The Speaker shall nominate not fewer
than ten Members to act as temporary chairs of committees when
requested by the Chairman of Ways and Means.
(2) The Members nominated in accordance with the
preceding paragraph together with the Chairman of Ways and Means
and the Deputy Chairmen of Ways and Means shall constitute the
Panel of Chairs.
(3) The chair or chairs of each legislation committee
shall be appointed by the Speaker from the Panel of Chairs,
provided that the Chairman of Ways and Means and the Deputy Chairmen
of Ways and Means may take the chair of a legislation committee
or subcommittee without having been so appointed.
(4) The Speaker may change the chairs so appointed
from time to time.
(5) When more than one chair is appointed to a
legislation committee any of the chairs so appointed may exercise
the powers conferred by paragraphs (3) and (4) of Standing Order
No. 89 (Procedure in general committees).
(6) The Panel of Chairs, of whom three shall be
a quorum, shall have power to consider matters of procedure relating
to legislation committees and to report its opinion on those matters
to the House from time to time.
(7) Any member of a legislation committee may,
at the request of the chair of the committee, act as chair for
not more than a quarter of an hour on any one occasion.
Provided that that member shall not exercise the
powers conferred on the chair of a legislation committee by paragraphs
(3) and (4) of Standing Order No. 89 (Procedure in legislation
committees).
Addition of paras (3) to (7) from SO No. 85 for clarity
and ease of reference
Addition of provision to allow Deputy Speakers to
chair legislation committees and programming sub-committees without
having been appointed by the Speaker to provide flexibility when
appointed chairs are unexpectedly unavailable.
NOTE: SO to be moved to SOs on General Committees
(now Legislation Committees)
NO CHANGE TO:
| SO No. | Title
|
| 5 | Affirmation in lieu of oath
|
| 6 | Time for taking the oath
|
| 7 | Seats not to be taken before prayers
|
| 8 | Seats secured at prayers
|
Sittings of the House
9.—(1) Subject to the provisions of Standing Order No. 1B
(Election of Speaker by secret ballot), the House shall meet on
Mondays at half-past two o'clock, on Tuesdays and Wednesdays
at half-past eleven o'clock and on Thursdays at half-past nine
o'clock 2.30pm, on Tuesdays and Wednesdays at 11.30
am and on Thursdays at 9.30 am and will first proceed with
unopposed private business, motions for unopposed returns
and questions:
Provided that, when the House sits on a Tuesday or Wednesday which
immediately follows a periodic adjournment of more than two days
or is the first day of a Session, references to specific times
in the Standing Orders of this House shall apply as if that day
were a Monday.
(2) No motion for the adjournment of the House shall be
made on Monday, Tuesday, Wednesday or Thursday until all the questions
asked at the commencement of public business shall have been disposed
of, and, save as provided in paragraph (1) of Standing Order No.
24 (Emergency debates), No Member other than a
Minister of the Crown may make such a motion
for the adjournment of the House on any day before the
orders of the day or notices of motions shall have been
entered upon started.
(3) At ten o'clock on Mondays, at seven o'clock on Tuesdays
and Wednesdays and at five o'clock on Thursdays 10.00
pm on Mondays, at 7.00 pm on Tuesdays and Wednesdays and at 5.00
pm on Thursdays (the 'moment of interruption'), the proceedings
on any business then under consideration shall, save as otherwise
provided in paragraph (1) of Standing Order No. 15 (Exempted business),
be interrupted; and,
(a) if the House be is in committee, the
occupant of the chair shall leave the chair, and report progress
and ask leave to sit again; and
(b) if a motion has been made for the adjournment of the House
or of the debate, or that the House has considered a specified
matter, (unless that motion is included in a motion to be made
after the interruption of business under paragraph (2) of Standing
Order No. 15 (Exempted business)), or in committee that the occupant
of the chair do report progress, or do leave the chair, every
such motion shall lapse, except for a motion for the adjournment
of the House moved by a Minister of the Crown for the purpose
of ending the sitting under paragraph (5) of this Standing Order.
(4) On the interruption of business the closure may be
claimed; and if moved, or if proceedings under Standing Order
No. 36 (Closure of debate) be then in progress, the Speaker or
the occupant of the chair shall not leave the chair until the
questions consequent thereon and any further question, as provided
in Standing Order No. 36 (Closure of debate), have been decided.
(5) An order of the day not disposed of before the termination
of a sitting shall be deferred to such day being a day on which
the House ordinarily sits as the Member in charge of that order
may appoint and any order of the day not reached before the termination
of a sitting shall, unless the Member in charge of the order has
given other instructions to the Clerk at the Table, stand over
until the next sitting.
(6) (4) After the business under consideration
at the moment of interruption has been disposed of, no opposed
business shall be taken, save as provided in Standing
Order No. 15 (Exempted business) otherwise provided
for under any Standing Order or Order of the House.
(7) (5) The House shall not be adjourned
except in pursuance of by a resolution
or by the Speaker in pursuance of under
Standing Order No. 46 (Power of the Speaker to adjourn House or
suspend sitting):
Provided that, when a substantive motion for the adjournment
of the House has been made a motion for the adjournment
of the House (other than during a debate) has been moved by a
Minister of the Crown for the purpose of ending the sitting—
(a) the motion shall not be liable to interruption under paragraph
(3) of this order but may be proceeded with for no more than half
an hour after the moment of interruption or for half an hour after
it has been made, whichever is the later;
(b) the motion may not be opposed;
(c) on the expiry of the time mentioned in sub-paragraph (a),
the Speaker shall adjourn the House without putting any question.
at or after the moment of interruption, the Speaker shall,
after the expiration of half an hour after that motion has been
made, adjourn the House without putting any question.
Drafting amendments in paras (1), (3) and new para (5), and division
of para (3) into sub-paras for ease of reading.
Deletion of obsolete provision and reference to SO No. 24 in para
(2), because emergency debates are no longer motions for the adjournment.
Deletion of obsolete paras (4) and (5).
Clarification in para (1).
Changes to paras (3) and (7) to stop adjournment debates lapsing
at moment of interruption.
Sittings in Westminster Hall (Standing Order No. 10)
NOTE: Revised version of this standing order considered by the
House on 24 February.
Friday sittings [New Standing Order, combining elements
of SOs No. 11, No.12 and No. 19]
11.—(1) Unless the House otherwise orders, the House shall
not sit on any Friday other than those on which private Members'
bills have precedence. [from SO No. 12]
(2) At its rising on the Thursday before a Friday on which the
House is not sitting the House shall stand adjourned till the
following Monday without any question being put, unless
it shall have resolved otherwise; and when it meets on
Friday, shall, at its rising, stand adjourned until the following
Monday without any question being put, [from SO No.
12] unless it shall have resolved otherwise.
(3) Unless the House shall have resolved to adjourn otherwise
than from the previous Thursday to the following Monday, the Fridays
on which the House does not sit shall be treated as sitting days
for the purpose of calculating any period under any order of the
House and for the purposes of paragraph (6) of Standing Order
No. 22 (Notices of questions, motions and amendments) and of Standing
Order No. 64 (Notices of amendments, &c., to bills); and on
such Fridays—
(a) notices of questions and of written statements may be given
by Members to received by the Table Office, and
(b) notices of amendments to bills, new clauses and new schedules,
and of amendments notices relating to Lords amendments
or messages, and notices of motions relating to proceedings
on bills committed to a public bill committee or to a select
committee, may be received by the Public Bill Office,
between eleven o'clock and three o'clock 11.00
am and 3.00 pm. [from SO No. 12]
(4) The House, when it meets on Friday, shall meet
on Fridays at half past nine o'clock
9.30 am, and will first proceed with unopposed private
business, petitions, and motions for unopposed
returns. [from SO No. 11]
(5) If a motion for a new writ is made on any day on which
private Members' bills have precedence, and is opposed, proceedings
on it shall lapse. [from SO No. 19, amended]
(6) Standing Orders No. 9 (Sittings of the House) and No. 15 (Exempted
business) shall apply to the sittings on Fridays with—
(a) the omission of paragraph (1) of Standing Order No. 9; and
(b) the insertion of references to half-past two o'clock
2.30 pm as the moment of interruption. [from SO
No. 11]
(7) At eleven o'clock 11.00 am the Speaker
may interrupt the proceedings in order to permit urgent
questions to be asked which are in his opinion of an urgent
character and relate either to matters of public importance
or to the arrangement of business, statements to be made
by Ministers, or personal explanations to be made by Members,
and if the House is in committee at eleven o'clock
11.00 am, on an occasion when the Speaker's intention to
permit such questions, statements or explanations has been made
known, the occupant of the chair shall leave the chair without
putting any question, and report that the committee has made progress
and ask leave to sit again that day, and on
conclusion of after the questions, statements
or explanations, the House shall again resolve itself into committee
without Question put. [from SO No. 11, two paragraphs
combined, with drafting amendments]
Creation of new SO from elements of three existing SOs
Drafting amendments in paras (3), (4) and (7).
Amendment of para (4) to bring in line with existing practice
and remove clash with SO No. 154(1) (Time and manner of presenting
petitions)
New para (5) with text (amended) of SO No 19.
Addition to paras (3) and (7) to reflect existing practice.
[Standing Order amalgamated with SO No. 12]
Friday sittings
11.—(1) Subject to Standing Order No. 12 (House not to sit
on certain Fridays), the House shall meet on Fridays at half
past nine o'clock 9.30 am, and will first proceed
with unopposed private business, petitions,
and motions for unopposed returns.
(2) Standing Orders No. 9 (Sittings of the House) and No. 15 (Exempted
business) shall apply to the sittings on Fridays with—
(a) the omission of paragraph (1) of Standing Order No. 9; and
(b) the insertion of references to half-past two o'clock
2.30 pm as the moment of interruption; and
(c) the substitution of reference to half-past three o'clock for
reference to eleven o'clock in relation to proceedings on nomination
of members of departmental select committees.
(3) In the application of Standing Order No. 17 (Delegated legislation
(negative procedure)) to the sittings on Fridays there shall be
substituted references to four o'clock for references to half-past
eleven o'clock.
(4) At eleven o'clock 11.00 am the Speaker
may interrupt the proceedings in order to permit questions to
be asked which are in his opinion of an urgent character and relate
either to matters of public importance or to the arrangement of
business, statements to be made by Ministers, or personal explanations
to be made by Members.
(5) If the House is in committee at eleven o'clock
11.00 am, on an occasion when the Speaker's intention to
permit such questions, statements or explanations has been made
known, the occupant of the chair shall leave the chair without
putting any question, and report that the committee have made
progress and ask leave to sit again that day, and on conclusion
of the questions, statements or explanations, the House shall
again resolve itself into committee without Question put.
(6) The House, when it meets on Friday, shall, at its rising,
stand adjourned until the following Monday without any question
being put.
Changes indicated to text taken into new SO. Deletions reflecting
current practice (ie text not taken across) indicated by double
strikethrough.
[Standing Order amalgamated with SO No. 11]
House not to sit on certain Fridays
12.—(1) Unless the House otherwise orders, the House shall
not sit on any Friday other than those on which private Members'
bills have precedence.
(2) At its rising on the Thursday before a Friday on which the
House is not sitting the House shall stand adjourned till the
following Monday without any question being put, unless it shall
have resolved otherwise.
(3) Unless the House shall have resolved to adjourn otherwise
than from the previous Thursday to the following Monday, the Fridays
on which the House does not sit shall be treated as sitting days
for the purpose of calculating any period under any order of the
House and for the purposes of paragraph (6) of Standing Order
No. 22 (Notices of questions, motions and amendments) and of Standing
Order No. 64 (Notices of amendments, &c., to bills); and on
such Fridays—
(a) notices of questions may be given by Members to the Table
Office, and
(b) notices of amendments to bills, new clauses and new schedules
and of amendments to Lords amendments, and notices of motions
relating to proceedings on bills committed to a public bill committee
or to a select committee, may be received by the Public
Bill Office,
between eleven o'clock and three o'clock 11.00 am and 3.00
pm.
Changes indicated to text taken into new SO, consisting of addition
to reflect current practice and drafting amendment in para (3).
Earlier meeting of House in certain circumstances.
13.—(1) Whenever the House stands adjourned and it is represented
to the Speaker by Her Majesty's Ministers that the public interest
requires that the House should meet at a time earlier than that
to which the House stands adjourned, the Speaker, if he is satisfied
that the public interest does so require, may give notice that,
being so satisfied, he appoints a time for the House to meet,
and the House shall accordingly meet at the time stated in such
notice.
(2) The government business to be transacted on the day on which
the House shall so meet shall, subject to the publication of notice
thereof in the order paper to be circulated on the day on which
the House shall so meet, be such as the government may appoint,
but subject as aforesaid the House shall transact its business
as if it had been duly adjourned to the day on
which it shall so meet, and any government order of the
day and government notices of motions that may stand on the order
book for any day shall be appointed for the day on which the House
shall so meet.
(3) In the event of the Speaker being unable to act owing to illness
or other cause, the Chairman of Ways and Means, or either Deputy
Chairman, shall act in his stead for the purposes of this order.
Deletion of archaism and otiose provision in para (2) (because
sufficient authority to advance the day appointed for any stage
of a Government bill, if necessary, is given by the first part
of this paragraph).
DIVISION OF SO NO. 14 INTO FOUR SEPARATE SOS FOR CLARITY
Government business
AA.—(1) Save as provided in this order, government
business shall have precedence at every sitting. Government
business shall have precedence at every sitting, save as provided
for in Standing Orders No. BB (Opposition days), No. CC (Backbench
business) and No. DD (Private Members' Fridays).
Opposition days
BB.—(1) Twenty days shall be allotted in each session for
proceedings on opposition business, seventeen of which shall be
at the disposal of the Leader of the Opposition and three of which
shall be at the disposal of the leader of the second largest opposition
party; and matters selected on those days shall have precedence
over government business provided that—
(a) two Friday sittings shall be deemed equivalent to
a single sitting on any other day;
(a) on any day other than a Friday, not more
than two of the days at the disposal of the Leader of the Opposition
may be taken in the form of four half days, and one of the days
at the disposal of the leader of the second largest opposition
party may be taken in the form of two half days; and
(b) on any such half day, proceedings under this paragraph shall
last not more than three hours and, at the end of that time, the
motion, unless otherwise disposed of, shall lapse; and proceedings
under this sub-paragraph may be proceeded with, though opposed,
after the moment of interruption. shall either—
(i) lapse at seven o'clock on Monday, four o'clock on
Tuesday or Wednesday or two o'clock on Thursday if not previously
concluded, or
(ii) be set down for consideration at the hour specified
in sub-paragraph (i) above and, except on days on which private
business has been set down for consideration under the provisions
of paragraph (5) of Standing Order No. 20 (Time for taking private
business), shall be entered upon at that time:
Provided that on days on which business stands over until
seven o'clock, four o'clock or two o'clock under the provisions
of Standing Order No. 24 (Emergency debates), proceedings under
this sub-paragraph shall not be entered upon until such business
has been disposed of, and may then be proceeded with for three
hours, notwithstanding the provisions of Standing Order No. 9
(Sittings of the House).
(2) For the purposes of this order 'the The
'second largest opposition party' shall be that party, of those
not represented in Her Majesty's Government, which has the second
largest number of Members elected to the House as members of that
party.
Backbench business
CC—(1) Thirty-five days or its equivalent shall be allotted
in each session for proceedings in the House and in Westminster
Hall on backbench business of which at least twenty-seven days
or its equivalent shall be allotted for proceedings in the
House; the business determined by the Backbench Business Committee
shall have precedence over government business (other than any
order of the day or notice of motion on which the question is
to be put forthwith) on those days; and the provisions of paragraph(2)(c)
of this Standing Order paragraph (2)(b) of Standing
Order No. BB (Opposition days) shall apply to any of those
days taken in the House in the form of half-days.
(3) For the purposes of paragraph (1) above, a Thursday sitting
in Westminster Hall at which the business is appointed by the
Backbench Business Committee shall count as one half day and a
topical debate shall count as one quarter-day.
(4) Backbench business comprises all proceedings in the Chamber
relating to any motion or order of the day except:
(a) government business, that is proceedings relating to government
bills, financial business, proceedings under any Act of Parliament,
or relating to European Union Documents, or any other motion in
the name of a Minister of the Crown;
(b) opposition business under paragraph (2) above
Standing Order No. BB (Opposition days);
(c) motions for the adjournment of the House under paragraph (7)
of Standing Order No. 9 (Sittings of the House), private Members'
motions for leave to bring in bills under Standing Order No. 23
(Motions for leave to bring in bills and nomination of select
committees at commencement the start of
public business) and private Members' bills under paragraphs
(9) to (14) below Standing Order No. DD (Private Members'
Fridays);
(d) proceedings relating to private business;
(e) any motion to amend this order or Standing Orders AA, BB,
DD or No. 152J (Backbench Business Committee);
(f) business set down at the direction of, or given precedence
by, the Speaker.
(5) The proceedings to be taken as backbench business shall be
determined by the Backbench Business Committee, as set out in
Standing Order No. 152J (Backbench Business Committee).
Private Members' bills
DD—(1) Private Members' bills shall have precedence over
government business on thirteen Fridays in each session to be
appointed by the House.
(2) On and after the eighth Friday on which private Members' bills
have precedence, such bills shall be arranged on the order paper
in the following order—
consideration of Lords amendments, third readings, proceedings
on consideration of reports not already entered
upon started, adjourned proceedings on consideration,
bills in progress in committee, bills appointed for committee,
and second readings.
(3) The ballot for private Members' bills shall be held on the
second sitting Thursday on which the House shall sit during
of the session under arrangements to be made by the Speaker,
and each bill shall be presented by the Member who has given notice
of presentation or by another Member named by him or her
in writing to the Clerks at the Table Public
Bill Office, at the commencement start
of public business on the fifth sitting Wednesday on
which the House shall sit during the session.
(4) Until after the fifth sitting Wednesday on
which the House shall sit during of the session,
no private Member shall—
(a) give notice of a motion for leave to bring in a bill under
Standing Order No. 23 (Motions for leave to bring in bills and
nomination of select committees at commencement
the start of public business); or
(b) give notice for presenting a bill under Standing Order No.
57 (Presentation and first reading); or
(c) inform the Clerks at the Table Public
Bill Office of his or her intention to take charge
of a bill which has been brought from the Lords.
(5) A private Member's bill to which the provisions of
paragraphs (2) to (6) of Standing Order No. 97 (Scottish Grand
Committee (bills in relation to their principle)) have applied,
and which has been considered by a Scottish public bill committee,
shall not be set down for consideration on report so as to have
precedence over any private Member's bill so set down which was
read a second time on a day preceding that on which the bill was
reported from the Scottish Grand Committee under paragraph (3)
of that Standing Order.
(6) An order appointing a day for the second reading of a private
Member's bill shall lapse at the rising of the House on the preceding
sitting day if at that time the bill has not been printed
and delivered to the Vote Office published, and
the House shall make no further order appointing a day for the
second reading of the bill until it has been printed
published.
Division into four separate SOs for clarity.
Amendments and deletions in BB(1) to reflect existing practice
(and drafting amendments).
Amendment to BB(2) to remove uncertainty about what 'second largest
opposition party' means elsewhere.
Addition in BB(4) to reflect practice.
Addition in CC(1) to reflect existing practice of half-days.
Para (2) of CC (formerly para (5) of SO No. 14) removed by
order of the House 24 February 2015, consequent on agreement of
Petitions Committee Standing Order.
Additions for neutral gender and drafting amendment in paras DD
(3) and (4).
Deletion of obsolete provisions in DD(5).
Amendment in DD(6) to reflect move from printing to publishing.
Exempted business
15.—(1) The following business may be proceeded with at
any hour though opposed, shall not, save for the purpose of moving
a motion pursuant to under paragraph (2)
of this order or paragraph (3) of Standing Order No. 41A (Deferred
divisions), be interrupted at the moment of interruption,
and, if under discussion when business is postponed under the
provisions of any standing order, may be resumed, though opposed,
after the interruption of business moment
of interruption:
(a) proceedings on a bill brought in upon a ways and means resolution;
(b) proceedings in pursuance of under
any standing order of this House which provides that proceedings,
though opposed, may be decided after the expiration of
the time for opposed business moment of interruption;
(c) proceedings on a motion such as is referred to in
paragraph (2) of Standing Order No. 121 (Nomination of select
committees) for the nomination or discharge of members of select
committees to which that paragraph applies which has been opposed
at or after the interruption of business on a preceding day:
Provided that any questions necessary to dispose of the
proceedings on such a motion shall be put at eleven o'clock on
Monday, eight o'clock on Tuesday or Wednesday or six o'clock on
Thursday or one hour after the commencement of those proceedings,
whichever is the later.
(c) proceedings on a programme motion; or
(d) proceedings subject to a programme order.
(2) If a notice of motion in the name of a Minister of the Crown
stands upon the order paper at the commencement of public
business to the effect that any specified business may
be proceeded with at this day's sitting though opposed—
(a) until any hour;
(b) until a specified hour;
(bb) until the end of a specified period after it has been
started; or
(c) until either a specified hour or the end of a specified period
after it has been entered upon started,
whichever is the later;
or in a form combining any or all of these effects in respect
of different items of business, the motion shall stand
over and may not be made until after
the interruption of business and shall then be proceeded with,
though opposed, in accordance with the following paragraphs of
this order; provided that on any day on which the Speaker is directed
to put questions at the moment of interruption pursuant
to paragraph (6) of Standing Order No. 54 (Consideration of estimates),
any such motion shall stand over until those questions have been
decided.
(3) If the business interrupted is included in the business specified
in the motion or in paragraph (1) of this order, the Speaker shall,
immediately after the interruption of business, or if the House
has been in committee, before any day is named for the House again
to resolve itself into that committee, call upon the Minister
to move his the motion and the question
thereon on it shall be put forthwith,
and after that question has been decided the consideration of
the business interrupted shall be resumed if such business
is included in the it is business specified in
paragraph (1) of this order or if the question be resolved
in the affirmative is agreed to.
(4) If the business interrupted is not included in the business
specified in the motion or in paragraph (1) of this order, the
Speaker shall call upon the Minister to move his or her
motion at the conclusion end of any proceedings
arising on the interruption of business under the provisions
of Standing Order No. 9 (Sittings of the House) but before
the resumption of any proceedings postponed under Standing
Order No. 20 (Time for taking private business) or Standing
Order No. 24 (Emergency debates).
(5) If a motion made under either of the two preceding paragraphs
be is agreed to, the business so specified
shall be proceeded with as if it were included in the business
specified in paragraph (1) of this order, save that—
(a) business which may be proceeded with until a specified hour
may not, if opposed, be entered upon started
or resumed after that hour and the proceedings thereon
on it if not previously concluded ended
shall be interrupted at that hour;
(b) when proceedings on such business have been postponed under
the provisions of Standing Order No. 24 (Emergency debates), such
business may be proceeded with after the specified hour for a
further period of time equal to the duration of the proceedings
upon the motion under the said Standing Order
No. 24; and
(c) the proceedings upon business which may be proceeded
with until either a specified hour or the end of a specified period
after it has been entered upon, whichever is the later, shall
if not previously concluded be interrupted at that hour or at
the end of that period, as the case may be business
which may continue under sub-paragraphs (bb) or (c) of paragraph
(2) of this order shall if not previously ended be interrupted
when the time specified has expired.
(6) Not more than one motion under paragraph (2) of this order
may be made at any one sitting and after any business proceeding
under the provisions of this order is disposed of after the moment
of interruption, the remaining business of the sitting shall be
dealt with according to the provisions of Standing Order No. 9
(Sittings of the House) applicable to business taken after the
moment of interruption.
Drafting amendments in paras (1), (1)(b), (3), (4), (5) and (5)(a),
(b) and (c).
Resolution of drafting defect relating to deferred division procedure
in para (1).
Move of para (1)(c) to SO No. 121 for clarity.
Addition to para (1) to end need for business motions at moment
of interruption, with corresponding deletions of No. 83A(13) and
83I(2).
Addition to para (2) for clarity and to reflect existing
practice.
Additions for neutral gender to paras (3) and (4).
Deletion of reference to Standing Order No. 20 in para (4) because
of change in that SO to allocate a protected three hours for opposed
private business set down by the Chairman of Ways and Means.
Proceedings under an Act or on European Union documents.
16.—(1) The Speaker shall put the questions necessary to
dispose of proceedings under any Act of Parliament or on European
Union documents (as defined in Standing Order No. 143 (European
Scrutiny Committee)) not later than one and a half hours after
the commencement start of such proceedings,
subject to the provisions of Standing Order No. 17 (Delegated
legislation (negative procedure)).
(2) Business to which this order applies may be proceeded with
at any hour, though opposed, after the moment
of interruption.
Drafting amendments.
Delegated legislation (negative procedure).
17.—(1) No proceedings on a motion to which this
order applies shall be entered upon at or after half-past eleven
o'clock on Monday, half-past eight o'clock on Tuesday or Wednesday
or half-past six o'clock on Thursday.
(2) If such a motion is under consideration at that hour,
the Speaker shall forthwith put any question which may be requisite
to bring to a decision any question already proposed from the
chair:
Provided that, if he shall be of opinion that—
(a) owing to the lateness of the hour at which consideration
of the motion was entered upon, or
(b) because of the importance of the subject matter of
the motion, the time for debate has not been adequate, he shall
interrupt the business and the debate shall stand adjourned till
the next sitting (other than a Friday).
(3) A debate which has been adjourned under paragraph
(2) of this order shall not be resumed less than half an hour
before the time specified in paragraph (1) of this order, but
shall stand further adjourned till the next sitting (other than
a Friday), and the foregoing provisions of this paragraph shall
apply to any debate which has been further adjourned under this
paragraph as if the further adjournment were an adjournment under
paragraph (2) of the order.
(4) This order applies to proceedings under an Act of
Parliament on—
(a) any motion for an humble address to Her Majesty praying
that a statutory instrument be annulled, and any motion that a
draft of an Order in Council be not submitted to Her Majesty in
Council, or that a statutory instrument be not made,
(b) any motion that, or for an humble address to Her Majesty
praying that, any other document be annulled, or cease to be in
force, or be not made or be disapproved, or words to that effect.
Repeal SO because unnecessary: last paragraph covered by SO No.
16.
Consideration of draft legislative reform orders etc.
18.—(1) If the Regulatory Reform Committee has recommended
under paragraph (4) of Standing Order No. 141 (Regulatory Reform
Committee) or paragraph (5) of Standing Order No. 142 (Localism
Act 2011, etc.: scrutiny of certain orders and draft orders) that
a draft order subject to the affirmative procedure should be approved,
or has recommended under paragraph (6) of Standing Order No. 141
(Regulatory Reform Committee) or paragraph (7) of Standing Order
No. 142 (Localism Act 2011, etc.: scrutiny of certain orders and
draft orders) that a draft order should be approved, and a motion
is made by a Minister of the Crown to that effect, the question
thereon on it shall—
(a) if the committee's recommendation was agreed without a division,
be put forthwith; and
(b) if the committee's recommendation was agreed after a division,
be put not later than one and a half hours after the commencement
start of proceedings on the motion.
(2) If the committee has recommended under paragraph (4) of Standing
Order No. 141 (Regulatory Reform Committee) or paragraph (5) of
Standing Order No. 142 (Localism Act 2011, etc.: scrutiny of certain
orders and draft orders) that a draft order subject to the affirmative
procedure be not approved, or has recommended under paragraph
(6) of Standing Order No. 141 (Regulatory Reform Committee) or
paragraph (7) of Standing Order No. 142 (Localism Act 2011, etc.:
scrutiny of certain orders and draft orders) that a draft order
be not approved, no motion to approve the draft order shall be
made unless the House has previously resolved to disagree with
the committee's report; the questions necessary to dispose of
proceedings on the motion for such a resolution shall be put not
later than three hours after their commencement
start; and the question on any motion thereafter
subsequently made by a Minister of the Crown that the draft
order be approved shall be put forthwith.
(3) If the committee has recommended under paragraph (4) of Standing
Order No. 141 (Regulatory Reform Committee) or paragraph (5) of
Standing Order No. 142 (Localism Act 2011, etc.: scrutiny of certain
orders and draft orders) that a draft order subject to the negative
resolution procedure should not be made (and that the recommendation
is not intended to operate section 16(4) of the Legislative and
Regulatory Reform Act 2006), that recommendation shall be deemed
to constitute notice of a motion under sub-paragraph (4)(a) of
Standing Order No. 118 (Delegated Legislation Committees).
(4) Motions under paragraphs (1) or (2) of this order may be proceeded
with, though opposed, until any hour.
Drafting amendments in paras (1)(b) and (2).
New writs.
19. If a motion to the effect that the Speaker do issue
his warrant to the Clerk of the Crown to make out a new writ for
the electing of a Member is proposed to be made or is made after
prayers on any day on which private Members' bills have precedence,
and is opposed, proceedings thereon shall lapse.
Moved to new SO No. 12 on Friday sittings and drafting amendments
made.
Time for taking private business
20.—(1) On Mondays, Tuesdays, Wednesdays and Thursdays the
time for private business shall end not later than a quarter of
an hour after the House sits and business entered upon
started and not disposed of or not reached at that
hour shall be deferred to such time as the Chairman of Ways and
Means may appoint. Business not reached shall stand over
to the next sitting, or in the case of opposed business until
the next sitting other than a Friday.
(2) During the time of private business, opposed business shall
not be proceeded with but shall be deferred to such time, other
than a Friday, as the Chairman of Ways and Means may appoint.
(3) Opposed business shall include any proceedings on a private
bill or a confirming bill which have been deferred under paragraph
(2) of this order, so long as a notice of an amendment stands
upon the order paper in the form of a notice of motion (other
than a notice of motion in the name of the Chairman of Ways and
Means) on second reading, consideration or third reading of such
a bill:
Provided that no such notice of motion shall stand on the order
paper for more than seven days unless renewed.
(4) No opposed private business shall be taken on a Friday.
(5) Business deferred under paragraphs (1) and (2) of this order
shall be considered at the time of private business on the day
appointed unless the Chairman of Ways and Means directs that such
business shall be set down for seven o'clock on any specified
Monday, four o'clock on any specified Tuesday or Wednesday or
two o'clock on any specified Thursday 7.00
pm on any specified Monday, 4.00 pm on any specified Tuesday or
Wednesday or 2.00 pm on any specified Thursday
during the time of public business on a specified day, and
business so set down (including any motion contingent directly
or otherwise upon any item of such business) shall be taken in
such order as the Chairman of Ways and Means may determine:
Provided that business so set down shall be distributed
as nearly as may be proportionately between the sittings on which
government business has precedence and other sittings.
(6) On any day specified under paragraph (5) of this order,
at seven o'clock, four o'clock or two o'clock 7.00 pm, 4.00
pm or 2.00 pm or as soon thereafter afterwards as any
motion for the adjournment of the House under Standing Order No.
24 (Emergency debates) has been disposed of, the business
set down by direction of the Chairman of Ways and Means shall
be entered upon started and may be proceeded
with, though opposed, for three hours, after which proceedings
shall be interrupted subject to the provisions of Standing
Order No. 9 (Sittings of the House).
Drafting amendments in paras (1) and (3).
Addition to reflect current practice in para (4).
Deletion of proviso to para (5), which is unnecessary given the
revised paras (5) and (6).
Changes to paras (5) and (6) to provide for a protected three
hours for any opposed private business set down by the CWM, in
line with current practice provided for by business motions, in
lieu of setting it down at seven o'clock, four o'clock or two
o'clock.
Time for taking questions
21.—(1) Questions shall be taken on Mondays, Tuesdays, Wednesdays
and Thursdays, after private business and motions for unopposed
returns have been disposed of.
(2) No question shall be taken more than one hour after the House
sits, except urgent questions which have not appeared
on the order paper but which are in the Speaker's opinion of an
urgent character and relate either to matters of public
importance or to the arrangement of business.
(3) Any questions tabled for written answer on a day on which
the House does not sit by reason of the continuance of a previous
sitting shall be deemed to be questions for written answer on
the next sitting day and shall appear in the questions book for
that day.
Drafting amendment in para (2) to reflect changes in SO No. 11.
Notices of questions, motions and amendments
22.—(1) Notices of questions shall be given by Members in
writing to the Table Office in a form determined by the
Speaker; and each such notice shall indicate whether the question
is for oral or written answer.
(2) A notice of a question, or of an amendment to a motion standing
on the order paper for which no day has been fixed or of the addition
of a name in support of such a motion or amendment, which is given
later than half an hour after the normal moment of interruption
shall be treated for all purposes as if it were a notice handed
in after the rising of the House.
(3) A Member shall indicate on the notice of any question
whether it is for oral or written answer and a Member may indicate
a date for answer of a question for written answer in accordance
with paragraph (4) of this order.
(4) Notices of questions for written answer shall be set down
for answer on the next sitting day after the day on
which notice of it will appear, except that where Where
a Member has indicated that a question is for written answer on
a named day the Minister to whom it is addressed shall
cause give an answer to be given
to the Member on the date for which notice has been given, provided
that—
(a) notice has appeared at latest on the notice paper circulated
two days (excluding Saturday and Sunday) before that on which
an answer is desired; and
(b) a Member may not table more than five such questions on any
one day.
(5) Notice of a question for oral answer may be given only for
answer on the next day on which the Member to whom it is addressed
is due to give oral answers; and in respect of each such day the
Speaker shall specify the latest date and time at which notice
may be given and how many questions are to be printed
published for each Member answering; and only
that number of notices of questions (selected at random from those
received in a manner to be prescribed by the Speaker) shall be
treated as valid notices received on the day concerned:
Provided that the latest date and time specified by the Speaker
shall be such as to enable the notices selected to be printed
and circulated published—
(a) in the case of questions to the Secretaries of State for Northern
Ireland, Scotland and Wales and the Advocate General at least
four days (excluding Friday, Saturday and Sunday) before the question
is to be answered, except during the week following the first
day of a Session, when the period shall be at least three days,
or
(b) in the case of questions to other Ministers, at least two
days (excluding Friday, Saturday and Sunday) before the question
is to be answered.
(6) When it is proposed that the House should adjourn for a period
of more than three days the Speaker shall cause to have
printed and circulated with the Vote publish a
memorandum superseding the provisions of paragraphs (4) and (5)
of this order and specifying the arrangements for tabling questions
during the adjournment.
Amendments to para (1) to reflect current practice and consequential
deletion of para (3).
Addition to para (4) to specify date for ordinary written questions.
Amendment in para (5) to remove need for end-of-session resolution
on questions to territorial departments.
Amendments to reflect move from printing to publishing in paras
(5) and (6).
NO CHANGE TO:
| SO No. | Title |
| 22A | Written statements
|
Notices of questions etc. and
written statements during September
22B.—(1) When the House stands adjourned for the whole
of September, notices of questions for written answer on a
named day by a Minister of the Crown may be given on three appointed
tabling days, for answer on three appointed answering days, between
2 and 21 September.
(2) A motion to appoint tabling days and answering days under
paragraph (1) may be made by a Minister of the Crown; and the
question on such a motion shall be put forthwith and may be decided,
though opposed, after the moment of interruption.
(3) Notices of questions for named day answer on one of the appointed
answering days, received by the Table Office on any day after
the rising of the House for the summer adjournment, shall be treated
as if given on—
(a) that day, if they are received on an appointed tabling day;
or
(b) the next appointed tabling day, if they are received on any
other day, and a Member may not give notice of more than five
such questions in respect of each appointed tabling day.
(4) Notwithstanding sub-paragraph (4)(a) of Standing Order No.
22 (Notices of questions, motions and amendments), no notice of
a question may be given under this order for a day earlier than
five days (excluding Saturday and Sunday) after the day on which
the notice is given.
(5) A Minister of the Crown, being a Member of the House, or
other Member of the House to whom written questions may be addressed
may give notice on an appointed tabling day of his
an intention to make a ministerial statement
in written form on an appointed answering day.
(6) In the event of a recall of the House under Standing Order
No. 13 (Earlier meeting of House in certain circumstances), the
Speaker may publish a memorandum amending the arrangements made
under this order.
Clarification in title
Addition to para (1) to clarify that SO is for years in which
House does not sit in September.
Amendment to para (5) to reflect changes made by SO No 22A; addition
for neutral gender.
NO CHANGE TO:
| SO No. | Title |
| 22C | Motions and amendments with a financial consequence for the House of Commons: Administration Estimate
|
Select Committee statements.
22D.—(1) (a) On any day allotted for proceedings in the
House on backbench business (and not being taken in the form of
a half-day), or on any Thursday sitting in Westminster Hall other
than one to which subparagraph (b) applies, the Backbench Business
Committee may determine that a statement will be made on the publication
of a select committee report or announcement of an inquiry.
(b) The Liaison Committee may determine that such a statement
may be made in Westminster Hall on any day appointed under
paragraph (15) Thursday on which the Liaison Committee
has determined the business under paragraph (7) of Standing
Order No. 10 (Sittings in Westminster Hall).
(2) A statement on the publication of a select committee report
or announcement of an inquiry—
(a) shall be made by the chair or another member of the select
committee acting on its behalf;
(b) shall take place—
(i) in the House, after questions and any ministerial statements,
or
(ii) in Westminster Hall, at the commencement
start of proceedings.
(3) A statement made under paragraph (1) above may not take place
later than 5 sitting days after the day on which the report is
published or inquiry announced.
(4) The Member making a statement may answer questions on it asked
by Members called by the Chair, but no question shall be taken
after the end of any period specified by the Backbench Business
Committee or the Liaison Committee in its determination.
Amendment to para (1)(b) consequent on agreement to revised Standing
Order No. 10 proposed in Committee's report on Business in Westminster
Hall.
Drafting amendment in para (2)(b)(ii).
Motions Ten minute rule motions
for leave to bring in bills and nomination of select committees
at commencement the start
of public business
23.—(1) On Tuesdays and Wednesdays, and, if given
by a Minister of the Crown, on Mondays and Thursdays,
notices of motions for leave to bring in bills, and for the nomination
of select committees, may be set down for consideration at the
commencement start of public business.
(1A) The Speaker, after permitting, if he thinks fit, an
brief explanatory statement of up to ten minutes
from the Member who makes and from a Member who opposes any such
motion respectively, shall put either the question
thereon on it, or the question, 'That
the debate be now adjourned'.
(2) With respect to a private Member's motion for leave to bring
in a bill under this order—
(a) notice shall be given in the Public Bill Office by the Member
in person or by another Member on his or her behalf, but
on any one day not more than one notice shall be accepted from
any one Member;
(b) no notice shall be given for a day on which a notice of motion
under this order already stands on the paper;
(c) no notice shall be given for a day earlier than the fifth
or later than the fifteenth sitting day after the day on which
it is given;
(d) not more than one such notice shall stand on the paper in
the name of any one Member for a day within any period of fifteen
sitting days.
(3) No notice may be given under this order for a day on which
Mr the Chancellor of the Exchequer has
declared his or her intention of opening his
the Budget; but—
(i) (a) notices proposed to be given for
such day, and
(ii) (b) notices so given for a day in
respect of which such intention is subsequently declared,
shall be treated as having been given for the first Monday on
which the House shall sit after the Budget is opened, and may
be proceeded with on that day as though it were a Tuesday or a
Wednesday.
Amendment for clarity and conformity with current practice in
Title and para (1).
Division of para (1) into two for clarity and removal of unused
provision.
Gender-neutral amendments to para (3).
Emergency debates
24.—(1) On Monday, Tuesday, Wednesday and Thursday
Except on a Friday a Member rising in his or her
place at the commencement start of public
business may propose, in an application lasting not more than
three minutes, that the House should debate a
specific and important matter that should have
urgent consideration.
(1A) If the Speaker is satisfied that the matter is
proper to should be so debated,
the Member shall either obtain the leave of the House, or, if
such leave be refused, the assent of not fewer than forty Members
who shall thereupon rise in their places to support
the motion, or, if fewer than forty Members and not fewer than
ten shall thereupon rise in their places, the
House shall, on a division, upon question put forthwith, determine
whether such motion shall be made.
(2) If leave is given or the motion is so supported or the House
so determines that it shall be made—
(a) the debate shall be held on a motion that the House has considered
the specified matter; and
(b) the Speaker shall announce either—
(i) the length of the debate and the time at which it is to be
held; or
(ii) that he will make such a statement at a later named hour
during that sitting.
(3) Proceedings in respect of a debate under this order may last
not more than three hours and, at the conclusion
end of the time allocated to them pursuant to
under paragraph (2)(b) of this order, the motion, unless
otherwise disposed of, shall lapse.
(4) A Member intending to make an application under this order
shall give notice to the Speaker by twelve o'clock on
a Monday, half-past ten o'clock on a Tuesday or Wednesday or nine
o'clock on a Thursday noon on a Monday, 10.30 am
on a Tuesday or Wednesday or 9.00 am on a Thursday, if the
urgency of the matter is known at that hour, and,.
If if the urgency is not so known, he
shall give notice as soon thereafter afterwards
as is practicable. If the Speaker so desires he may defer
giving his decision upon whether the matter is proper to be discussed
until a named hour, when he may interrupt the proceedings of the
House for the purpose.
(5) In determining whether a matter is proper to be discussed
should be debated the Speaker shall have regard to the
extent to which it concerns the administrative responsibilities
of Ministers of the Crown or could come within the scope of ministerial
action.
(5A) In determining whether a matter is urgent the Speaker
shall have regard to the probability of the matter being brought
before the House in time by other means.
(6) The Speaker shall state whether or not he is satisfied that
the matter is proper to be discussed should
be debated without giving the reasons for his decision to
the House.
(6A) If the Speaker so desires he may defer giving his decision
upon whether the matter should be debated until a named hour,
when he may interrupt the proceedings of the House for the purpose.
(7) If the Speaker announces that the debate will take place on
the same day as the application is made, proceedings on any business
postponed as the result of that announcement may continue, following
the end of proceedings on that debate, for the same time
beyond the moment of interruption as that taken by the debate,
and shall not be interrupted, except as provided in paragraph
(2) of Standing Order No. 15 (Exempted business), paragraph
(6) of Standing Order No. 20 (Time for taking private business),
paragraph (3) of Standing Order No. 41A (Deferred divisions),
paragraph (3) of Standing Order No. 54 (Debate on estimates) and
paragraph (4) of Standing Order No. 83I (Programme orders: supplementary
provisions).
Drafting amendment to paras (1), (3) (4) and (7)
Addition to para (1) for neutral gender.
Splitting of para (5) and move of last sentence of para (4) to
new para for clarity.
New para (6A) restating in a more appropriate place provision
from the end of para (4).
Additions to para (7) to correct omission and to reflect new paragraphs
(6) of SO No. 20 and (3) of SO No. 54 and revised paragraph (4)
of SO No. 83I.
NO CHANGE TO:
| SO No. | Title |
| 24A | Topical debates
|
Amendments to motions to consider specified matters
24B. Where, in the opinion of the Speaker, or the Chair in
Westminster Hall or a grand committee, a motion, That this
House, or, as the case may be, the committee,
has considered the matter, is expressed in neutral terms, no amendments
to it may be tabled.
Extension of rule to Westminster Hall and grand committees.
Deletion of archaism.
Periodic adjournments
25. When a motion shall have been made by a Minister of the Crown
for the adjournment of the House for a specified period or periods,
the question thereon on it shall be put
forthwith and may be decided at any hour, though
opposed, after the moment of interruption.
Drafting amendments.
NO CHANGE TO:
| SO No. | Title |
| 26 | Orders of the day to be read without question put
|
| 27 | Order of disposing of orders of the day
|
Anticipation.
28. In determining whether a discussion is out of order
on the ground of anticipation, regard shall be had by the Speaker
to the probability of the matter anticipated being brought before
the House within a reasonable time.
Obsolete
Powers of chair to propose question Closure
on proposal of question
29.—(1) When a Member is in the course of making
a motion or moving an amendment at any stage of proceedings on
a bill When, at any stage of proceedings on a bill,
a Member is in the course of making a motion, moving an amendment
or bringing up a new section or schedule, a Member rising
in his or her place may claim to move, 'That the question
be now proposed', and, unless it shall appear to the chair that
such motion is an abuse of the rules of the House, the question,
'That the question be now proposed', shall be put forthwith,
and if a division is held on the question it shall not be approved
unless the numbers declared from the chair show that at least
one hundred Members voted in the majority in support of the motion.
[from SO no 37]
(2) This order shall apply in committee of the whole House
only when the Chairman of Ways and Means or either Deputy Chairman
is in the chair.
Clarification of paras (1) and (2), gender-neutral addition, drafting
amendment and addition for clarity of provision from deleted SO
No. 37, with drafting amendments. (Added provision is identical
to provision in SO No. 36.)
NO CHANGE TO:
| SO No. | Title |
| 30 | Debate on motion for the adjournment of the House
|
Questions on amendments.
31. When an amendment has been moved, the question to be proposed
thereon on it shall be, 'That the amendment
be made', except that—
(1) when to the question 'That a bill be now read a second
time (or the third time)' an amendment has been moved to leave
out the word 'now', the question shall be, 'That the word "now"
stand part of the question'; and
(2) on the twenty days allotted under paragraph
(2) of Standing Order No. 14 (Arrangement of public business)
BB (Opposition days),
(a) where to any substantive motion an amendment has been moved
by a Minister of the Crown to leave out a word or words and insert
(or add) others, the question shall be, 'That the original words
stand part of the question', and, if that question be
passed in the negative is negatived, the question
'That the proposed words be there inserted (or added)' shall be
put forthwith;
(b) if such an amendment involves leaving out all the effective
words of the motion the Speaker shall, after the amendment has
been disposed of, forthwith declare the main question (as amended
or not as the case may be) to be agreed to.
Deletion of obsolete provision in sub-para (1)
Drafting amendment in sub-para (2)(a) and (b).
Selection of amendments.
32.—(1) In respect of any motion or any bill under consideration
on report or any Lords amendment to a bill, the Speaker shall
have power to select the amendments, new clauses or new schedules
to be proposed thereto.
(1A) The powers conferred on the Speaker by this order may
be delegated by him to the Chairman of Ways and Means.
(2) In committee of the whole House, the Chairman of Ways and
Means and either Deputy Chairman shall have the like power to
select the amendments, new clauses or new schedules to be proposed.
(3) The Speaker, or in a committee of the whole House,
the Chairman of Ways and Means or either Deputy Chairman, may,
if he think fit, call upon any Member who has given notice of
an amendment, new clause or new schedule to give such explanation
of the object thereof as may enable him to form a judgment upon
it.
(4) For the purposes of this order, motions for instructions to
committees on bills, motions to commit or re-commit bills and
motions relating to the proceedings on bills shall be treated
as if they were amendments under paragraph (1) of this order.
(5) The powers conferred on the Speaker by this order
shall not be exercised by the Deputy Speaker save during the consideration
of the estimates.
Addition of provision allowing Speaker to delegate to CWM, and
consequent deletion of para (5).
Drafting amendments in paras (1) and (2).
Deletion of para (3) because provision has never been used and
explanatory notes to amendments make it obsolete.
NO CHANGE TO:
| SO No. | Title |
| 33 | Amendments to address in answer to the Queen's Speech
|
Dilatory motions
34.—(1) When a motion is made for the adjournment
of a debate or of the House during any debate or of further consideration
of a bill or of the Lords amendments to a bill or that the chair
do report progress, or do leave the chair, the debate thereupon
shall be confined to the matter of such that
motion; and no Member, having made any such dilatory motion,
shall be entitled to make any similar motion during the same debate.
(2) The Speaker, or the chair, has discretion whether to allow
a Member to move a motion of the kind described in paragraph (1)
of this order, and, if he allows the motion, may permit debate
or put the question forthwith.
Drafting amendments in para (1).
Amendment for clarity in para (2), incorporating substance of
SO No. 35.
Dilatory motion in abuse of rules of House
35.—(1) If the Speaker, or the chair, shall be of
the opinion that a dilatory motion is an abuse of the rules of
the House, he may forthwith put the question thereupon from the
chair, or he may decline to propose the question thereupon to
the House or the committee.
(2) For the purposes of this order the expression 'dilatory
motion' shall include a motion for the adjournment of a debate,
or of the House, during any debate, or of further consideration
of a bill or of the Lords amendments to a bill, or that the occupant
of the chair do report progress or do leave the chair.
Deletion because substance included in new para in SO No. 34.
Closure of debate
36.—(1) After a question has been proposed a Member rising
in his or her place may claim to move, 'That the question
be now put,' and, unless it shall appear to the chair that such
this motion is an abuse of the rules of the House, or an
infringement of the rights of the minority, the question 'That
the question be now put,' shall be put forthwith, and if a
division is held on the question it shall not be agreed to unless
the numbers declared from the chair show that at least one hundred
Members voted in the majority in support of the motion. [from
SO no 37]
(2) When a question 'That the question be now put' has been agreed
to, and the question consequent thereon on
it has been decided, a Member may claim that any further question
be put which may be requisite required
to bring to a decision any question already proposed from the
chair, and if the assent of the chair, as aforesaid, be
is not withheld, any question so claimed shall be put forthwith.
(3) This order shall apply in committee of the whole House
only when the Chairman of Ways and Means or either Deputy Chairman
is in the chair.
Additions in para (1) for neutral gender and for clarity of provision
(with drafting amendments), from deleted SO No. 37. (Added provision
is identical to provision in SO No. 29.)
Drafting amendments in paras (1) and (2).
Clarification in para (3).
Majority for closure or for proposal of question
37. If a division be held upon a question for the closure
of debate under Standing Order No. 36 (Closure of debate) or for
the proposal of the question under Standing Order No. 29 (Powers
of chair to propose question), that question shall not be decided
in the affirmative unless it appears by the numbers declared from
the chair that not fewer than one hundred Members voted in the
majority in support of the motion.
Repeal: provisions moved to SOs No. 29 and No. 36 for clarity.
Procedure on divisions.
38.—(1) If the opinion of the Speaker or the chair as to
the decision of a question is challenged he or she shall
direct that the lobby be is cleared.
(2) Not more than two minutes from this direction he or she
shall put the question again, and, if his or her opinion
is again challenged, he or she shall announce the names
of tellers.
(3) After the lapse of at least no less than
eight minutes from the direction to clear the lobby he or she
shall direct that the doors giving access to the division lobbies
be are locked.
Additions for neutral gender in paras (1) to (3).
Drafting amendments in paras (1) and (3).
Voting.
39.—(1) A Member may vote in a division although he or
she did not hear the question put.
(2) A Member is not obliged to vote.
Addition for neutral gender.
Division unnecessarily claimed.
40. The Speaker or the chair may, after the lapse of two minutes,
if in his or her opinion the division is unnecessarily
claimed, take the vote of the House, or committee, by calling
upon the Members who support, and who challenge, his or her
decision, successively to rise in their places; and he or she
shall thereupon then, as he or she thinks
fit, either declare the determination of the House or committee,
or name tellers for a division.
Additions for neutral gender and drafting amendment.
Quorum.
41.—(1) If it should appear that fewer
than forty Members (including the occupant of the chair and the
tellers) have taken part in a division, the business under consideration
shall stand over until the next sitting of the House and the next
business shall be taken.
(2) The House shall not be counted at any time.
Deletion of obsolete para (2).
Deferred divisions
41A.—(1) Except as provided in paragraph (2) of this
order, Standing Order No. 38 (Procedure on divisions) shall
not apply if, after the time for the moment
of interruption of business, the opinion
of the Speaker as to the decision on a question is challenged
in respect of any question.
(2) Standing Order No. 38 (Procedure on divisions) shall apply
(and this order shall not apply) to questions—
(a) on motions or amendments in the course of proceedings on bills
or allocating time to or programming such proceedings;
(b) on motions which may be made without notice;
(c) on motions to be disposed of immediately following the disposal
of amendments proposed thereto, and on such amendments;
(d) on motions made under—
(i) paragraph (2) of Standing Order No. 15 (Exempted business);
(ii) paragraph (3) of Standing Order No. 51 (Ways and means motions);
(iii) sub-paragraph (1)(a) of Standing Order No. 52 (Money resolutions
and ways and means resolutions in connection with bills);
(iiia) sub-paragraph (1)(a) of Standing Order No. 80A (Carry-over
of bills);
(iiib) sub-paragraph (1)(a) of Standing Order No. 80B (Carry-over
(bills brought in upon a ways and means resolution));
(iv) paragraph (6) of Standing Order No. 54 (Consideration of
estimates); and
(v) paragraph (1) of Standing Order No. 55 (Questions on voting
of estimates, &c); and
(da) motions for instructions to committees on bills, if such
a motion is made at the same sitting as that at which the bill
has been read a second time;
(db) on proceedings on Opposition or backbench business to
which sub-paragraph (1)(b) of Standing Order No. BB (Opposition
days) applies;
(dc) on proceedings on opposed private business set down by
the Chairman of Ways and Means under paragraph (5) of Standing
Order No. 20 (Time for taking private business);
(e) on motions made under paragraph (3) below or to which an order
made under that paragraph applies, and
(f) on motions for the adjournment of the House made under
Standing Order No. 25 (Periodic adjournments).
(3) After the moment of interruption and the conclusion
end of proceedings under any other Standing Order which
fall to be taken immediately after it, a Minister of the Crown
may make a motion to the effect that this order shall not apply
to questions on any specified motions; such motion may be proceeded
with, though opposed, and the question thereon
on it shall be put forthwith.
(4) If the opinion of the Speaker is challenged under paragraph
(1) of this order, he shall defer the division until half
past eleven o'clock 11.30 am on the next Wednesday
on which the House shall sit.
(5) On any Wednesday to which a division has been deferred under
paragraph (4) above—
(a) Members may record their votes on the question under arrangements
made by the Speaker;
(b) votes may be recorded for two and a half hours after half
past eleven o'clock 11.30 am, no account being
taken of any period during which the House or committee proceeds
to a division; and
(c) the Speaker, or the chair, shall announce the result of the
deferred division as soon as may be after the expiry
end of the period mentioned in sub-paragraph (b) above.
Drafting addition in para (1) and amendments in paras (3), (4)
and (5)(b) and (c).
Exemption from deferred divisions of carry-over motions and instructions
to committees, in same way as other bill-related motions.
Exemption of proceedings on Opposition, backbench or opposed business
given a protected three hours under revised SOs No. BB and No.
20.
Exemption of periodic adjournment motions from deferred divisions.
Irrelevance or repetition.
42. The Speaker, or the chair, after having called the attention
of the House, or of the committee, to the conduct of a Member
who persists in irrelevance, or tedious repetition either
of his own arguments or of the arguments already
used by other Members in debate, may direct him
or her to discontinue his or her speech.
Simplification and additions for neutral gender.
Sub judice.
42A. The Speaker, or the chair, may direct any Member who breaches
the terms of the sub judice resolution of the House
to resume his seat discontinue his or her
speech.
Amendment to ensure consistency by using same language as SO No.42.
Disorderly conduct
43. (1) The Speaker, or the chair, shall order any Member
or Members whose conduct is grossly disorderly to withdraw immediately
from the House during for the remainder
of that day's sitting; and the Serjeant at Arms shall act on such
orders as he may receive from the chair in pursuance of
under this order.
(2) But if on any occasion the Speaker, or the chair, deems
that his powers under the previous provisions of this order are
inadequate considers that the circumstances warrant
it, he or she may name such Member or Members, in which
event the same procedure shall be followed as is prescribed by
Standing Order No. 44 (Order in debate).
Drafting amendments.
Division into two paragraphs and drafting amendment to clarify
two-step nature of process.
Order in debate Naming of Members
44.—(1) Whenever a Member shall have been named by the Speaker,
or by the chair, immediately after the commission of the offence
of disregarding the authority of the chair, or of persistently
and wilfully obstructing the business of the House by abusing
the rules of the House or otherwise, then if the offence has been
committed by such Member in the House, the Speaker shall forthwith
put the question, on a motion being made, 'That such Member be
suspended from the service of the House'; and if the offence has
been committed in a committee of the whole House, the chair shall
forthwith suspend the proceedings of the committee and report
the circumstances to the House; and the Speaker shall on a motion
being made forthwith put the same question as if the offence had
been committed in the House itself.
Proceedings in pursuance of under this
paragraph, though opposed, may be decided after the expiration
of the time for opposed business moment of interruption.
(2) If any Member be is suspended under
paragraph (1) of this order, his or her suspension on the
first occasion shall continue for five sitting days, and on the
second occasion for twenty sitting days, including in either case
the day on which he or she was suspended, but, on any subsequent
occasion, for the remainder of the session or until the
House shall resolve order that the suspension
of such that Member do terminate
ends.
(3) Not more than one Member shall be named at the same time,
unless two or more Members, present together, have jointly disregarded
the authority of the chair.
(4) If a Member, or two or more Members acting jointly, who have
been suspended under this order from the service of the House,
shall refuse to obey the direction of the Speaker, when severally
summoned under the Speaker's orders by the Serjeant at Arms to
obey such direction, the Speaker shall call the attention of the
House to the fact that recourse to force is necessary in order
to compel obedience to his direction, and the Member or Members
named by him as having refused to obey his direction shall thereupon
and without any further question being put be suspended
from the service of the House during for
the remainder of the session.
(5) Nothing in this order shall be taken to deprive the
House of the power of proceeding against any Member according
to ancient usages.
Amendment of title for clarity
Drafting amendments in paras (1) and (2).
Addition to para (2) to clarify end of suspension for repeated
offences.
Additions for neutral gender in para (2).
Drafting amendments in para (4), also clarifying period of suspension.
Deletion of obsolete para (5).
Members suspended, &c., to withdraw from precincts.
45.—(1) Members who are ordered to withdraw under Standing
Order No. 43 (Disorderly conduct) or who are suspended from the
service of the House shall forthwith withdraw from the precincts
of the House.
(2) Suspension from the service of the House shall not exempt
the Member so suspended from serving on any committee for the
consideration of a private bill to which he or she may
have been appointed before the suspension.
Addition for neutral gender in para (2).
Suspension of salary of Members suspended.
45A. The salary of a Member suspended from the service of the
House shall be withheld for the duration of his or her
suspension.
Addition for neutral gender: possible alternative redraft is 'of
that suspension'.
NO CHANGE TO:
| SO No. | Title |
| 46 | Power of the Speaker to adjourn House or suspend sitting
|
Time limits on speeches
47.—(1) The Speaker may announce that he intends to call
Members to speak in a debate, or at certain times during that
debate, for no longer than any period he may specify, and he may
at any time make subsequent announcements varying the terms of
an announcement under this paragraph.
(2) Whenever the Speaker has made an announcement under paragraph
(1), he may, subject to paragraph (5), direct any Member (other
than a Minister of the Crown, a Member speaking on behalf of the
Leader of the Opposition, or not more than one Member nominated
by the leader of the second largest opposition party) who has
spoken for that period to resume his seat forthwith
discontinue his or her speech.
(3) The Speaker may announce, at or before the commencement
start of any debate (other than a topical debate) in respect
of which he has made or intends to make an announcement under
paragraph (1) of this order, that speeches by a Minister of the
Crown, Members speaking on behalf of the Leader of the Opposition,
and not more than one Member nominated by the leader of the second
largest opposition party shall be limited to twenty minutes and
he may direct any such Member who has spoken for that period to
resume his seat forthwith discontinue his
or her speech .
(4) The Speaker may announce, at or before the commencement
start of a topical debate in respect of which he has made
or intends to make an announcement under paragraph (1) of this
order, that speeches by a Minister of the Crown and any Member
speaking on behalf of the Leader of the Opposition shall be limited
to ten minutes and he may direct any such Member who has spoken
for that period to resume his seat forthwith
discontinue his or her speech.
(5) In relation to any speech, the Speaker shall add to any period
specified—
(a) under paragraph (1) of this order—
(i) one minute if one intervention is accepted, plus the time
taken by that intervention;
(ii) two minutes if two or more interventions are accepted, plus
the time taken by the first two such interventions;
(b) under paragraph (3) or (4) of this order, one minute for each
intervention accepted up to a maximum of fifteen minutes.
Changes in (2), (3) and (4) for consistency with SO No. 42 and
neutral gender.
Drafting amendments in paras (3) and (4).
Recommendation from Crown required on application relating
to public money
48. This House will receive no petition for any sum relating to
public service nor proceed upon any motion for a grant
or charge upon the public revenue, whether payable out of the
Consolidated Fund or the National Loans Fund or out of money to
be provided by Parliament, or for releasing or compounding any
sum of money owing to the Crown, unless recommended from the Crown.
Correction of syntax.
Certain proceedings relating to public money.
49. Any charge upon the public revenue, whether payable
out of the Consolidated Fund or the National Loans Fund or out
of money to be provided by Parliament, including any provision
for releasing or compounding any sum of money owing to the Crown,
shall be authorised by resolution of the House.
Punctuation amended to follow SO No. 48.
Procedure upon bills whose main object is to create a charge
upon the public revenue
50.—(1) A bill (other than a bill which is required to be
brought in upon a ways and means resolution) the main object of
which is the creation of a public charge may either be presented,
or brought in upon an order of the House, by a Minister of the
Crown, and, in the case of a bill so presented or brought in,
the creation of the charge shall not require to be authorised
by a resolution of the House until the bill has been read a second
time, and after the charge has been so authorised the bill shall
be proceeded with in the same manner as a bill which involves
a charge that is subsidiary to its main purpose.
(2) The provisions of paragraph (1) of this order shall apply
to any bill brought from the Lords, of which a Minister of the
Crown has informed the Clerks at the Table Public
Bill Office of his or her intention to take charge.
Addition for neutral gender and drafting amendment in para (2).
Ways and means motions.
51.—(1) A ways and means motion may be made in the House
without notice on any day as soon as an address has been agreed
to in answer to Her Majesty's Speech.
(2) A Minister of the Crown may without notice make a motion for
giving provisional statutory effect to any proposals in
pursuance of under section 5 of the Provisional
Collection of Taxes Act 1968; and the question on such a motion
shall be put forthwith.
(3) When the question has been decided on the first of several
motions upon which a bill is to be brought in for imposing, renewing,
varying or repealing any charge upon the people, the question
on each such further motion shall be put forthwith; and proceedings
in pursuance of under this paragraph,
though opposed, may be decided after the expiration of
the time for opposed business moment of interruption.
Drafting amendments in paras (2) and (3).
Money resolutions and ways and means resolutions in connection
with bills.
52.—(1) The Speaker shall put the questions necessary to
dispose of proceedings on motions authorising expenditure in connection
with a bill and on ways and means motions in connection with a
bill—
(a) forthwith, if such a motion is made at the same sitting as
that at which the bill has been read a second time; or
(b) not later than three-quarters of an hour after the commencement
start of those proceedings, if the motion is made otherwise.
(2) Business to which this order applies may be proceeded with
at any hour after the moment of interruption, though
opposed.
Drafting amendments
NO CHANGE TO:
| SO No. | Title |
| 53 | Application of public money standing orders to private bills, &c.
|
Consideration of Debate on
estimates
54.—(1) Three days, other than Fridays,
shall be allotted in each session for the consideration of estimates
set down under the provisions of paragraph (3) of Standing Order
No. 145 (Liaison Committee); and not more than one day so allotted
may be taken in the form of two half days, not being Fridays.
(2) On any such day, not being taken in the form of a half
day,—
(a) consideration of estimates or reports of
the Liaison Committee relating thereto shall stand as first business,
unless the Speaker has set down an emergency debate as first business
that day. ;and
(b) other business may be taken before the moment of
interruption only if the consideration of estimates has been concluded.
Provided that the foregoing provisions of this paragraph
shall not apply on any day on which time has been allocated pursuant
to paragraph (2)(b) of Standing Order No. 24 (Emergency debates).
(3) On any such half day, consideration of estimates or reports
of the Liaison Committee relating to them may be proceeded with
for three hours, and shall then be interrupted; and proceedings
under this paragraph may be proceeded with, though opposed, after
the moment of interruption.
(4) On any day or half day allotted under this order, questions
necessary to dispose of proceedings (other than a dilatory motion)
on the estimates on which debate has been concluded
ended shall be deferred until the day and hour prescribed
under paragraph (6) of this order.
(5) Any estimates on which questions have been deferred to another
day in accordance with the provisions of paragraphs (4) and (6)
of this order, together with any questions so deferred, and all
other estimates appointed for consideration on any previous day
or half day allotted under this order shall be set down for consideration
on the day to which the questions have been deferred.
(6) On the day to which the provisions of paragraph (2) or (3)
of Standing Order No. 55 (Questions on voting of estimates, &c.)
apply which falls after or on any day or half-day allotted under
this order, the Speaker shall, at the time prescribed in paragraph
(1) of that order, put, successively, any questions deferred under
paragraph (4) of this order on any previous day or half day allotted
under this order, any questions deferred under paragraph (4) of
this order on the day and any questions necessary to dispose of
proceedings on all other estimates appointed for consideration
on any day or half day allotted under this order.
Drafting amendments in title and paras (1) and (4).
Deletion of sub-para (2)(b) as unnecessary.
New para (3) to bring in line with current practice (done by business
motion).
Questions on voting of estimates, &c.
55.—(1) On any day to which the provisions of paragraph
(2) or (3) of this order apply, at the moment of interruption
or as soon thereafter afterwards as any
debate on estimates or reports of the Liaison Committee relating
to them under paragraph (3) of Standing Order No. 54 (Consideration
of estimates) or any proceedings under paragraph (7) of Standing
Order No. 24 (Emergency debates) have ended proceedings
under the proviso to paragraph (3)(b) of Standing Order No. 54
(Consideration of estimates) have been disposed of, the
Speaker shall (after putting any questions required to be put
under paragraph (6) of Standing Order No. 54) put the questions
on—
(a) any outstanding vote relating to numbers for defence services;
(b) any motion authorising amounts set out in outstanding estimates.
(2) The provisions of paragraph (1) of this order shall apply
on a day not later than 18 March, if any of the following total
amounts have been put down for consideration:
(a) votes on account for the coming financial year;
(b) supplementary and new estimates for the current financial
year which have been presented at least fourteen days previously;
(c) votes relating to numbers for defence services;
(d) excess votes, provided that the Committee of Public Accounts
has reported that it sees no objection to the amounts necessary
being authorised by excess vote.
(3) The provisions of paragraph (1) of this order shall apply
on a day not later than 5 August in respect of any motion authorising
amounts set out in outstanding estimates.
(4) At least two days' notice shall be given of the motions which
are to be put down for consideration under paragraphs (2) or (3)
of this order.
(5) The provisions of this order shall not apply to any vote of
credit or votes for supplementary or additional estimates for
war expenditure.
Amendments to para (1) firstly to reflect amendments made to SO
No. 54, and secondly to bring this SO into line with amendments
previously made to SO No. 24 (Emergency debates).
NO CHANGE TO:
| SO No. | Title |
| 56 | Consolidated Fund Bills
|
Presentation and first reading.
57.—(1) A Member may, after notice, present a bill without
previously obtaining leave from the House to bring it in
the same.
(2) When a bill is presented either in pursuance of
under an order of the House or under the provisions of
paragraph (1) of this order, the bill shall be read the first
time without any question being put, shall be ordered to be read
a second time on such day as the Member presenting it shall appoint,
and shall be ordered to be printed.
Drafting amendments.
Bills brought from the Lords
57A.—(1) If a Member informs the Clerks at the Table
the Public Bill Office of his or her intention
to take charge of a bill which has been brought from the Lords,
the bill shall be deemed to have been read the first time on the
day on which the Member so informs the Clerks
the Public Bill Office, and to have been ordered to be
read a second time on such day as he or she shall appoint,
and shall be recorded in the Journal of the House as having been
read the first time and ordered to be read a second time on the
day so appointed, and shall be ordered to be printed.
(2) If a public bill is passed by the Lords and carried to the
office of the Clerk of the House the Public Bill Office
at a time when this House is not sitting, then, provided that
a Member shall have notified the Clerks at the Table the
Public Bill Office, in writing, of his or her intention
to take charge of the bill—
(a) the Clerk of the House shall arrange for the printing and
circulation of copies of the bill, and
(b) the bill shall be recorded in the Journal of the House as
having been read the first time on the next sitting day and as
having been ordered to be printed pursuant to this standing order
and to be read a second time on such day as the Member shall have
appointed.
Additions for neutral gender and drafting amendments in paras
(1) and (2).
Consolidation bills
58.—(1) In this order 'a consolidation bill' means a public
bill which falls to be considered by the select committee appointed
under Standing Order No. 140 (Joint Committee on Consolidation,
&c., Bills).
(2) Notices of amendments, new clauses and new schedules to be
moved in committee in respect of a consolidation bill may be received
by the Clerks at the Table Public Bill Office
before the bill has been read a second time.
(3) When a motion shall have been made for the second reading,
or for the third reading, of a consolidation bill, the question
thereon on it shall be put forthwith.
(4) If a motion that a consolidation bill be not committed is
made by a Minister of the Crown immediately after the bill has
been read a second time, the motion shall not require notice and
the question thereon on it shall be put
forthwith and may be decided at any hour, though
opposed, after the moment of interruption.
Drafting amendments in para (2), (3) and (4).
Law Commission bills.
59.—(1) Any public bill, the main purpose of which is to
give effect to proposals contained in a report by either of the
Law Commissions, other than a private Member's bill or a bill
to which Standing Order No. 58 (Consolidation bills) applies,
shall, when it is set down for second reading, stand referred
to a second reading committee, unless—
(a) the House otherwise orders, or
(b) the bill is referred to the Scottish Grand Committee.
(2) If a motion that a bill such as is referred to in paragraph
(1) above shall no longer stand referred to a second reading committee
is made by a Minister of the Crown at the commencement
start of public business, the question thereon
that motion shall be put forthwith.
(3) The provisions of paragraphs (3) to (5) of Standing Order
No. 90 (Second reading committees) shall apply to any bill referred
to a second reading committee under paragraph (1) above.
Drafting amendment in para (2).
Tax law rewrite bills.
60.—(1) In this order 'a tax law rewrite bill' means a bill
which has been presented, or brought in upon an order of the House,
by a Minister of the Crown and which has been ordered to be proceeded
with as such a bill.
(2) A motion may be made by a Minister of the Crown at the commencement
start of public business, that a specified bill be so proceeded
with, and the question thereon on it shall
be put forthwith.
(3) A tax law rewrite bill shall, upon the making of an order
under paragraph (2) above, stand referred to a second reading
committee unless the House otherwise orders.
(4) A motion may be made by a Minister of the Crown at the commencement
start of public business, that a tax law rewrite bill shall
no longer stand referred to a second reading committee, and the
question thereon on it shall be put forthwith.
(5) The provisions of paragraphs (3) to (5) of Standing Order
No. 90 (Second reading committees) shall apply to any bill referred
to a second reading committee under paragraph (3) above.
(6) A tax law rewrite bill shall, upon its being read a second
time, stand committed to the Joint Committee on Tax Law Rewrite
Bills.
(7) A bill which has been reported from the said Joint Committee
shall stand re-committed to a committee of the whole House unless
the House otherwise orders.
(8) If a motion that the committee of the whole House be discharged
from considering a tax law rewrite bill is made by a Minister
of the Crown immediately after the order of the day has been read
for the House to resolve itself into a committee on the bill,
the motion shall not require notice and the question thereon
on it shall be put forthwith and may be decided at
any hour, though opposed, after the moment of interruption;
and if such question is agreed to the bill shall be ordered to
be read the third time.
Drafting amendment in paras (2), (4) and (8).
Bills which are prima facie hybrid
61.—(1) Where a public bill (not being a bill to confirm
a provisional order or certificate) is ordered
to be read a second time on a future day, and it appears that
the standing orders relating to private business may be applicable
to the bill, the Examiners of Petitions for Private Bills shall
be ordered to examine the bill and they shall proceed and report
with all convenient speed whether the said standing orders are
applicable thereto.
(2) If they the Examiners find
that the standing orders are applicable, they shall further report
whether they have been complied with.
(2) (3) If the Examiners report that any
standing order applicable to the bill has not been complied with,
and the Standing Orders Committee report that such standing order
ought not to be dispensed with, the order of the day relating
to the bill shall be discharged.
Deletion of obsolete provision in para (1) and division of para
into two for clarity.
Drafting amendment in para (1)
Amendment on second or third reading
62.—(1) If on an amendment to the question 'That
a bill be now read a second time (or the third time)' it is decided
that the word 'now' stand part of the question, the Speaker shall
forthwith declare the bill to be read a second or the third time
as the case may be.
(2) When the question has been proposed 'That a bill be now read
a second time (or the third time)' and the question on any amendment
to leave out all the words after 'That' and insert other words
has passed in the negative been disagreed
to, the main question shall be put forthwith.
Deletion of obsolete para (1).
Updating of archaic language in para (2)
Committal of bills not subject to a programme order.
63.—(1) When a public bill (other than a Consolidated Fund
or an Appropriation Bill, or a tax law rewrite bill, or a bill
for confirming a provisional order) has been read a second time,
it shall stand committed to a public bill committee unless the
House otherwise orders.
(2) A motion—
(a) to commit a bill to a committee of the whole House or to a
select committee, or a motion that it is expedient that a bill
be committed to a joint committee of Lords and Commons; or
(b) to give a public bill committee to which a bill has been committed
under this order power to send for persons, papers and records,
may be made by any Member and if made immediately after the bill
has been read a second time shall not require notice, and, though
opposed, may be decided after the expiration of the time
for opposed business moment of interruption, and
the question thereon on it shall be put
forthwith.
(3) A motion to commit a bill to a public bill committee in respect
of some of its provisions and to a committee of the whole House
in respect of other provisions may be made by the Member in charge
of the bill and, if made immediately after the bill has been read
a second time, shall not require notice, and may, though opposed,
be decided after the expiration of the time
for opposed business moment of interruption. If
such a motion is opposed, the Speaker after permitting, if he
thinks fit, a brief explanatory statement from the Member who
makes and from a Member who opposes the motion shall, without
permitting any further debate, put the question thereon
on it.
(4) If the question on a motion made under paragraph (2) or paragraph
(3) of this order is negatived, the Speaker shall forthwith declare
that the bill stands committed to a public bill committee.
Drafting amendments in paras (2)(b) and (3).
Notices of amendments, &c., to bills
64. Whenever the House is adjourned for more than one day, notices
of amendments to bills, new clauses or new schedules or of amendments
notices relating to Lords amendments or messages received
in the Public Bill Office at any time not later than half-past
four o'clock 4.30 pm on the last day (excluding
any Saturday, Sunday, bank holiday or public holiday in England)
on which the House is not sitting, or if that last day is a
Friday, not later than 3.00 pm on that day, (excluding
any Saturday, Sunday, bank holiday or public holiday in England)
may be accepted as if the House were sitting.
Amendment to reflect current practice in respect of notices relating
to Lords amendments and messages.
Drafting amendments
Addition to match arrangements for non-sitting Fridays in sitting
weeks (SO No 11(3)).
Amendments in committee.
65. All committees to which bills may be committed or referred
for consideration on report shall have power to make such
any amendments therein as
they shall think fit, provided they be are
relevant to the subject matter of the bill: but if any such amendments
shall not be are not within the long title
of the bill, they the committee shall
amend the long title accordingly, and report the same
this specially to the House.
Drafting amendments for clarity.
Committee of whole House on bill.
66. Whenever an order of the day is read for the House to resolve
itself into a committee on a bill, the Speaker shall leave the
chair without putting any question, and the House shall thereupon
then resolve itself into such committee, unless notice of an instruction
to such committee has been given, when in
which case such that instruction shall
be first disposed of first, or unless
the committee is discharged in pursuance of under
paragraph (8) of Standing Order No. 60 (Tax law rewrite bills).
Drafting amendments for clarity.
Postponement of preamble.
67. In a committee on a bill any preamble shall stand
postponed until after the consideration of the clauses and of
any schedules.
Repeal SO, because settled practice of the House does not require
specification in Standing Orders.
Debate on clause or schedule standing part.
68. If, during the consideration of a bill in a committee of the
whole House, the chair is of the opinion that the principle
of a clause or schedule and any matters arising thereon
have has been adequately discussed in the course
of debate on the amendments proposed thereto,
he or she may, after the last amendment to be selected
has been disposed of, state that he or she is of this opinion
and shall then forthwith put the question 'That the clause (or,
the clause, as amended) stand part of the bill' or 'That this
schedule (or this schedule, as amended) be the schedule to the
bill', as the case may be.
Drafting amendments.
Additions for neutral gender.
Procedure on offer of new clause
69. When a Member has brought up a clause or schedule
in committee on a bill or on consideration of a bill on report,
it shall be read the first time without any question being put.
Repeal SO, because settled practice of the House does not require
specification in Standing Orders.
When chair leaves chair without question put.
70. When the chair of a committee of the whole House has been
ordered to make a report to the House, he or she shall
leave the chair without putting any question.
(2) Every such report shall be brought up without any
question being put.
Addition for neutral gender.
Deletion of otiose provision.
Report of bill from committee of whole House.
71. At the close of the proceedings of a committee of the whole
House on a bill, the chair shall report the bill forthwith to
the House, and when amendments shall have been made thereto
if the bill has been amended, a day shall be appointed
for taking the bill, as amended, into consideration,
unless the House shall order it the bill
to be taken into consideration considered
forthwith.
Drafting amendments for clarity.
Consideration of bill as amended in committee of whole
House.
72. When the order of the day for the consideration of
a bill, as amended in a committee of the whole House, has been
read, the House shall proceed to consider the same without question
put, unless the Member in charge thereof nominates a future day
for its consideration or a motion shall be made to re-commit the
bill in whole or in part.
Repeal SO, because settled practice of the House does not require
specification in Standing Orders.
Report of bills committed to public bill committees.
73. Save as provided in Standing Order No. 92 (Consideration on
report of certain bills by a general legislation
committee) every bill committed to and reported from a public
bill committee, whether amended or not, shall be considered on
report by the House, and the provisions of Standing Order
No. 72 (Consideration of bill as amended in committee of whole
House) shall apply to such consideration.
Drafting amendment following change of general committees to legislation
committees.
Deletion of provision referring to deleted SO No. 72.
Re-committal of bill.
74. If a motion to re-commit a bill as a whole be made, the Speaker
shall permit a brief explanatory statement of the reasons for
such re-committal from the Member who makes, and a brief statement
from a Member who opposes, any such motion, and shall then put
the question thereon on it.
Drafting amendment.
NO CHANGE TO:
| SO No. | Title |
| 75 | Amendments on report
|
Debate on bill reported from public bill committee
Second speeches
76. When a bill has been committed to a public bill committee,
or has been so committed in respect of some of its provisions,
then, on consideration on report of the bill or such of its provisions
as were so committed, The rule against speaking
more than once shall not apply to the Member in charge of the
bill or to the mover of any amendment or new clause or schedule
in respect of that amendment or clause or schedule.
A Member may speak only once to any Question unless the House
has given leave to speak again; but this rule shall not apply
to the mover of a motion, other than a motion for the adjournment
or a dilatory motion, or an order of the day, or, at consideration
on report of a Bill, to the Member in charge of the Bill or to
the mover of any amendment, new section or new schedule in respect
of that amendment, new section or new schedule
Rewriting to remove obsolete and inoperable restriction and to
reflect current practice. Rewrite adds new right for mover of
order of the day to speak twice.
NO CHANGE TO:
| SO No. | Title |
| 77 | Third Reading
|
Lords amendments.
78.—(1) Lords amendments to public bills and Lords reasons
shall be appointed to be considered on a future day, unless the
House shall order them to be considered forthwith, and the provisions
of Standing Order No. 57A (Bills brought from the Lords) shall
apply to the appointment of consideration and the printing of
Lords amendments and reasons as they apply to the appointment
of second reading and the printing of bills brought from the House
of Lords.
(2) When the order of the day for the consideration of
Lords amendments to a public bill or Lords reasons has been read,
the House shall proceed to consider the same without question
put, unless the Member in charge thereof nominates a future day
for their consideration.
(3) If the Speaker is satisfied that a Lords amendment imposes
a charge upon the public revenue such as is required to be authorised
by resolution of the House under Standing Order No. 49 (Certain
proceedings relating to public money) and that such charge has
not been so authorised, or that it would need a ways and means
resolution and the necessary resolution has not been passed,
on reaching that amendment, the Speaker shall declare that he
is so satisfied and the amendment shall be deemed to have been
disagreed to and shall be so recorded in the Journal.
Deletion of para (2) for consistency with SO No. 72.
Para (4), addition of reference to ways and means resolution to
reflect current practice.
Financial privilege (Ppecuniary
penalties)
79. With respect to any bill brought to this House from the House
of Lords, or returned by the House of Lords to this House, with
amendments, whereby any pecuniary penalty, forfeiture, or fee
shall be authorised, imposed, appropriated, regulated, varied,
or extinguished, this House will not insist on its ancient
and undoubted financial privileges in the following
cases:
(1) when the object of such pecuniary penalty or forfeiture is
to secure the execution of the Act, or the punishment or prevention
of offences;
(2) where such fees are imposed in respect of benefit taken or
service rendered under the Act, and in order to further
the execution of the Act, and are not made payable into the Consolidated
Fund, or in aid of the public revenue, and do not form the ground
of public accounting by the parties receiving the same, either
in respect of deficit or surplus;
(3) when such the bill shall be
is a private bill for a local or personal Act.
Amendment to title for consistency with SO No. 80.
Removal of archaisms.
Financial privilege Privilege
(bills brought from the Lords)
80. The House may proceed with any public bill brought from the
Lords except a bill of aids and supplies, provided that—
(a) it is so framed that no charge upon the people or upon public
funds, unless it be is such
a charge as is defined in Standing Order No.
79 (Pecuniary penalties), is imposed or altered; and
(b) in the case of a bill which, if it were not so framed, would
have as its main object the imposition or alteration of such a
charge, a Minister of the Crown has informed the Clerk
at the Table the Public Bill Office of his or
her intention to take charge of it.
Clarification in title.
Drafting amendments in sub-para (a).
Addition for neutral gender and drafting amendment in sub-para
(b).
Carry-over of bills
80A.—(1) Subject to the following provisions of this order
and of Standing Order No 80B (Carry-over of bills brought in
upon a Ways and Means Resolution), a Minister of the Crown
may give notice of a motion (a 'carry-over motion') that proceedings
on a public bill not completed before the end of the Session shall
be resumed in the next Session of Parliament; and the Speaker
shall put any question necessary to dispose of proceedings on
such a motion (other than a motion relating to a bill brought
in upon a ways and means resolution)—
(a) forthwith if the motion is made on the day the bill is read
a second time; or
(b) not more than one and a half hours after the commencement
start of proceedings on the motion if the motion is made
at any other time.
(2) A carry-over motion may be proceeded with, though opposed,
after the moment of interruption.
(3) A carry-over motion shall not be made in respect of more than
one bill.
(4) A carry-over motion shall not be made in respect of a bill
carried over from a previous Session of Parliament.
(5) A carry-over motion may be made only in respect of a bill
presented by a Minister of the Crown.
(6) The provisions of this order shall not apply to a carry-over
motion made in respect of a bill brought from the Lords.
(7) Paragraphs (8) to (11) of this order shall apply to any bill
(other than a bill brought in upon a ways and means resolution)
ordered to be carried over to the next Session of Parliament in
pursuance of under a carry-over motion.
(8) If proceedings in committee on the bill are begun but not
completed before the end of the first Session, the chair shall
report the bill to the House as so far amended and the bill and
any evidence received by the committee shall be ordered to lie
upon the Table.
(9) In any other case, proceedings on the bill shall be suspended
at the conclusion end of the Session in
which the bill was first introduced.
(10) If a bill is presented in the next Session in the
same terms as the bill reported to the House under paragraph (8)
or as it stood when proceedings were suspended under paragraph
(9), the bill shall be read the first and second time without
question put, shall be ordered to be printed, and—
(a) in the case of a bill reported from a public bill
committee under paragraph (8), shall stand committed to a public
bill committee in respect of those clauses and schedules not ordered
to stand part of the bill in the first Session;
(b) in the case of a bill reported from a committee of
the whole House under paragraph (8), shall stand committed to
a committee of the whole House in respect of those clauses and
schedules not ordered to stand part of the bill in the first Session;
(c) in the case of a bill committed to a public bill committee
but on which proceedings on the bill were not begun, shall again
stand committed to a public bill committee;
(d) otherwise shall be set down as an order of the day
for (as the case may be) committee, consideration, further consideration
or third reading.
(10) If a bill is presented in the next Session in the same
terms as the bill reported to the House under paragraph (8) or
as it stood when proceedings were suspended under paragraph (9),
the bill shall be read the first and second time without question
put, and shall be ordered to be printed, and paragraphs (11) to
(14) shall apply to the bill.
(11) If the bill was not set down for consideration at any
time in the first Session, any committal order in respect of the
bill shall apply to proceedings on the bill in the next Session
(subject to paragraphs (12) and (13)).
(12) A bill reported from a public bill committee under paragraph
(8) shall stand committed to a public bill committee in respect
of those clauses and schedules which were committed to a public
bill committee in the first Session and not ordered to stand part
of the bill in the first Session.
(13) A bill reported from a committee of the whole House under
paragraph (8) shall stand committed to a committee of the whole
House in respect of those clauses and schedules which were committed
to a committee of the whole House in the first Session and not
ordered to stand part of the bill in the first Session.
(14) If the bill was read a second time in the first Session
and was not set down for consideration at any time in that Session,
any order of the House giving leave for a committee on the bill
to sit twice on the first day on which it meets in the first Session
shall apply to the first day on which the committee meets in the
next Session.
(15) If the bill was set down for consideration at any time
in the first Session, the bill shall be set down as an order of
the day for (as the case may be) consideration, further consideration
or third reading.
(11 16) Notices of amendments, new clauses and
new schedules given in respect of parts of a bill not disposed
of in the first Session shall be reprinted as notices in respect
of the bill as presented and proceeded with under paragraph (10).
(12 17) A programme order relating to a bill
which is carried over to the next session of Parliament shall
continue to apply in the next Session.
(13 18) Proceedings on a bill ordered to be carried
over to the next Session of Parliament shall lapse on
at the expiry end of the period
of twelve months from the date of its first reading in this House
and the bill shall be laid aside unless the House shall order,
in pursuance of under a motion under paragraph
(19), that proceedings on the bill be extended for a specified
period.
(14 19) A motion may be made by a Minister of
the Crown to extend for a specified period proceedings on a bill
which would otherwise lapse under paragraph (18), and any such
motion—
(a) may contain provisions amending or supplementing a programme
order in respect of the bill;
(b) may be proceeded with, though opposed, after the moment of
interruption;
and the Speaker shall put any question necessary to dispose of
proceedings on any such motion not later than one and a half hours
after the commencement start of those
proceedings.
Addition of reference to SO No. 80B in para (1).
Drafting amendments in paras (1)(b), (7), (9), (10), (11), (13)
and (14).
New paras (10) to (13) and (15) (amending previous para (10))
to provide explicitly for split committal.
New para (14) for consistency with SO No. 80B.
Carry-over (bills brought in upon a ways and means resolution).
80B.—(1) The Speaker shall put any question necessary to
dispose of proceedings on a carry-over motion of which a Minister
of the Crown has given notice under Standing Order No. 80A (Carry-over
of bills) relating to a bill brought in upon a ways and means
resolution—
(a) forthwith if the motion is made on any day before the bill
is read a second time, or on the day the bill is read a second
time; or
(b) not more than one and a half hours after the commencement
start of proceedings on the motion if the motion is made
at any other time.
(2) The following paragraphs of this order shall apply to any
bill ordered to be carried over to the next Session of Parliament
in pursuance of under a carry-over motion
to which paragraph (1) applies.
(3) If proceedings in committee on the bill are begun but not
completed before the end of the first Session, the chair shall
report the bill to the House as so far amended and the bill and
any evidence received by the committee shall be ordered to lie
upon the Table.
(4) In any other case, proceedings on the bill shall be suspended
at the conclusion end of the Session in
which the bill was first introduced.
(5) In the next Session of Parliament, a Minister of the Crown
may, after notice, present a bill in the same terms as the bill
reported to the House under paragraph (3) of this order or as
it stood when proceedings were suspended under paragraph (4) of
this order; the bill shall be read the first time without question
put and shall be ordered to be printed; and paragraphs (6) to
(13) shall apply to the bill.
(6) In respect of all proceedings on the bill, any resolution
which the bill was brought in upon in the first Session shall
be treated as if it were such a resolution of the House in the
next Session and any reference in any resolution upon which the
bill was brought in to a Bill or Act of the present Session shall
be treated in the next Session as a reference to a Bill or Act
of that Session.
(7) In respect of all proceedings on the bill, the bill shall
be treated as a bill brought in upon ways and means resolutions.
(8) If the bill was read a second time in the first Session, it
shall be read a second time without question put.
(9) If the bill was not set down for consideration at any time
in the first Session, any committal order in respect of the bill
shall apply to proceedings on the bill in the next Session (subject
to paragraphs (10) and (11)).
(10) If the bill was reported from a public bill committee under
paragraph (3), it shall stand committed to a public bill committee
in respect of those clauses and schedules which were committed
to a public bill committee in the first Session and not ordered
to stand part of the bill in that Session.
(11) If the bill was reported from a committee of the whole House
under paragraph (3), it shall stand committed to a committee of
the whole House in respect of those clauses and schedules which
were committed to a committee of the whole House in the first
Session and not ordered to stand part of the bill in that Session.
(12) If the bill was read a second time in the first Session and
was not set down for consideration at any time in that Session,
any order of the House giving leave for a committee on the bill
to sit twice on the first day on which it meets in the first Session
shall apply to the first day on which the committee meets in the
next Session.
(13) If the bill was set down for consideration at any time in
the first Session, the bill shall be set down as an order of the
day for (as the case may be) consideration, further consideration
or third reading.
(14) Notices of amendments, new clauses and new schedules given
in respect of parts of the bill not disposed of in the first Session
shall be reprinted as notices in respect of the bill as presented
and proceeded with under paragraph (5).
Drafting amendments in paras (1)(b), (2) (4), (10), (11) and (14).
Deletion of para (12) because of addition of new para (2)(b) of
SO No. 84A.
NO CHANGE TO:
| SO No. | Title |
| 81 | Temporary laws
|
Business Committee
82. There shall be a committee, to be called the Business Committee,
consisting of the Chairman of Ways and Means, who shall be chair
of the committee, and not more than eight other Members to be
nominated by the Speaker, in respect of each bill to which this
order applies. The quorum of the committee shall be four. The
committee—
(a) shall, in the case of any bill in respect of which an order
has been made by the House, allotting a specified number of days
or portions of days to the consideration of the bill in committee
of the whole House or on report, divide the bill into such parts
as it may see fit and allot to each part so many days or portions
of a day so allotted as it may consider appropriate; and
(b) shall report its resolution (or resolutions) to the House,
and on a motion being made for the consideration of such report
the question thereon on it shall be put
forthwith and on consideration of the said that
report the question 'That this House doth agree
agrees with the committee in its resolution (or resolutions)'
shall be put forthwith and, if that question be
is agreed to, any such resolution shall have effect as
if it were an order of the House.
Proceedings in pursuance of under this
sub-paragraph, though opposed, may be decided after the expiration
of the time for opposed business moment of interruption.
Drafting amendments in para (1)(b).
Allocation of time to bills
83. If a motion, other than a programme motion, be
is made by a Minister of the Crown providing for an allocation
of time to any proceedings on a bill the Speaker shall, not more
than three hours after the commencement start
of the proceedings on such a motion, put any question necessary
to dispose of those proceedings.
Clarification and drafting amendments, including disapplication
of this SO to programme motions, previously in SO No. 83A(14).
Programme motions
83A.—(1) If, before second reading of a bill, notice of
a motion providing—
(a) for committal of the bill, and
(b) for any proceedings on the bill to be programmed,
is given by a Minister of the Crown, the motion may be made immediately
after second reading, and Standing Order No. 63 (Committal of
bills not subject to a programme order) shall not apply to the
bill.
(2) Such a motion is to be called a programme motion.
(3) A programme motion may not disapply paragraph (2) of Standing
Order No. 84A (Public bill committees).
(4) An order made by the House as a result of a programme motion
is to be called a programme order.
(5) A motion to vary or supplement a programme order is also to
be called a programme motion.
(6) A programme motion may provide for the allocation of time
for any proceedings on a bill.
(7) Except in the following four cases, the question on a programme
motion is to be put forthwith.
(8) The first exception is where—
(a) a public bill committee has reported a resolution under paragraph
(12) of Standing Order No. 83C (Programming sub-committees) proposing
an alteration of the date by which the bill is to be reported
to the House, and
(b) the motion made under paragraph (13) of Standing Order No.
83C does not give effect to the public bill committee's proposal.
(9) The second exception is where the motion makes further provision
for proceedings on consideration and third reading of the bill
otherwise than in accordance with a resolution of a public bill
committee under paragraph (14) of Standing Order No. 83C.
(10) The third exception is where the motion reduces the amount
of time allocated under a programme order for any proceedings
on the bill (whether or not it also increases the amount of time
allocated for other proceedings on the bill).
(11) The fourth exception is where the motion relates to a resolution
of a programming committee.
(12) If any of the exceptions applies, any question necessary
to dispose of proceedings on a programme motion is to be put not
later than three-quarters of an hour after the commencement
start of proceedings on the motion.
(13) Standing Order No. 15(1) (Exempted business) applies
to proceedings on a programme motion.
(14) Standing Order No. 83 (Allocation of time to bills)
does not apply to a programme motion.
(15) If a programme order applies to a bill, neither Standing
Order No. 82 (Business Committee) nor Standing Order No. 120 (Business
sub-committees) applies to the bill.
Drafting amendment in para (12).
Deletion of para (13) because of related changes to SO No. 15(1).
Deletion of para (14) because now provided for in SO No. 83.
Programming committees.
83B.—(1) This order applies if proceedings in committee
of the whole House or on consideration and third reading are subject
to a programme order.
(2) There is to be a committee for the bill consisting of—
(a) the Chairman of Ways and Means (who is to be chair of the
committee); and
(b) not more than eight other Members, nominated by the Speaker.
(3) The committee is to be called the programming committee.
(4) The quorum of the programming committee is four.
(5) The programming committee shall consider the allocation of
time to proceedings in committee of the whole House or on consideration
and third reading and report any resolution which it makes to
the House.
(6) Proceedings in the programming committee shall be brought
to a conclusion brought to an end not later than
two hours after their commencement start.
(7) For the purposes of bringing any proceedings to a
conclusion to an end in accordance with paragraph
(6), the chair shall—
(a) first put forthwith any question already proposed from
the chair and not yet decided; and
(b) then put successively questions on any motions made by a Minister
of the Crown.
(8) Resolutions of the programming committee—
(a) may be reported from time to time; and
(b) subject to the powers of the Speaker or chair to select the
amendments, new clauses and new schedules to be proposed, may
include alterations in the order in which specified proceedings
on the bill are to be taken.
Drafting amendments in paras (6), (7) and (8).
Deletion of otiose words in para (7)(a).
Programming sub-committees
83C.—(1) If a bill is subject to a programme order which
commits it to a public bill committee, the order stands referred
to the committee and, subject to paragraph (10) of this order,
shall be considered by a sub-committee of the committee.
(2) The sub-committee is to be called the programming sub-committee.
(3) The programming sub-committee shall consist of—
(a) the chair or one of the chairs of the committee (who is to
be chair of the sub-committee); and
(b) seven members of the committee, nominated by the Speaker.
(4) The quorum of the programming sub-committee is four.
(5) The programming sub-committee shall report to the committee
any resolution which it makes about—
(a) the number of sittings to be allotted to the consideration
of the bill in the committee;
(b) the allocation of the proceedings to each sitting;
(c) the time at which any proceedings, if not previously concluded
ended, are to be brought to a conclusion
brought to an end;
(d) the date by which the bill is to be reported to the House;
(e) the programming of consideration and third reading.
(6) Proceedings in the programming sub-committee shall be brought
to a conclusion brought to an end not later than
two hours after their commencement start.
(7) For the purposes of bringing any proceedings to a
conclusion to an end in accordance with paragraph
(6), the chair shall—
(a) first put forthwith any question already proposed from
the chair and not yet been decided; and
(b) then put forthwith successively questions on any motions made
by a Minister of the Crown.
(8) Resolutions of the programming sub-committee—
(a) may be reported from time to time; and
(b) subject to the powers of the chair to select the amendments,
new clauses and new schedules to be proposed, may include alterations
in the order in which specified proceedings are to be taken.
(9) On a motion in the terms of a resolution of the programming
sub-committee being made in the committee, any question necessary
to dispose of proceedings on the motion is to be put not later
than half an hour after the commencement start
of those proceedings.
(10) A Minister of the Crown may make any motion in a public bill
committee which could have been the subject of a resolution of
the programming sub-committee; and for the purposes of this order
the motion shall be treated as if it were in the terms of a resolution
of the programming sub-committee:
Provided that proceedings on such a motion shall lapse if any
member of the committee signifies objection to it.
(11) If the provisions of a resolution of the programming subcommittee
under sub-paragraphs (a), (b) or (c) of paragraph (5) are agreed
to (with or without modification) by the committee, the provisions
(or the provisions as modified) are to have effect as if they
were included in the programme order for the bill:
Provided that the chair may allow a sitting at which oral
evidence is heard to continue for up to a quarter of an hour beyond
the time provided for in the resolution Provided that
at a sitting at which oral evidence is heard the chair may allow
proceedings relating to particular witnesses or groups of witnesses
to continue for up to a quarter of an hour beyond the time allocated
in the resolution and the sitting to continue for up to a quarter
of an hour beyond the time provided for in the resolution.
(12) Any resolution of the committee—
(a) proposing an alteration to the date by which the bill is to
be reported to the House; or
(b) making a recommendation about the programming of the bill
on consideration and third reading;
shall be reported to the House.
(13) If a resolution is reported proposing an alteration to the
date by which the bill is to be reported to the House, a supplemental
programme motion shall be set down for a day not later than the
fifth sitting day after the day when the report was made which
may—
(a) give effect to the committee's proposal;
(b) otherwise alter or supplement the provisions of the original
programme of the bill; or
(c) confirm the date set in the original programme order for the
bill.
(14) If a resolution is reported making a recommendation about
the programming of the bill on consideration and third reading,
a supplemental programme motion shall be set down before the consideration
of the bill on report which may—
(a) give effect to the committee's recommendations;
(b) otherwise alter or supplement the provisions of the original
programme of the bill; or
(c) confirm the original programme order for the bill.
Drafting amendments in paras (5), (6), (7), (8) and (9).
Amendment in para (11) to provide flexibility for all knives,
not just last one.
Programme orders: conclusion
end of proceedings in public bill committee or in
committee of the whole House.
83D.—(1) This order applies for the purpose of bringing
proceedings in public bill committee or in committee of the whole
House to a conclusion to an end in accordance
with a programme order.
(2) The chair shall put forthwith the following questions (but
no others) in the same order as they would fall to be put if this
order did not apply—
(a) any question already proposed from the chair;
(b) any question necessary to bring to a decision a question so
proposed;
(c) the question on any amendment, new clause or new schedule
selected by the chair for separate decision;
(d) the question on any amendment moved or motion made by a Minister
of the Crown;
(e) any other question necessary for the disposal of the business
to be concluded ended.
(3) On a motion made for a new clause or a new schedule, the chair
shall put only the question that the clause or schedule be added
to the bill.
(4) If two or more questions would fall to be put under paragraph
(2)(d) on successive amendments moved or motions made by a Minister
of the Crown, the chair shall instead put a single question in
relation to those amendments or motions.
(5) If two or more questions would fall to be put under paragraph
(2)(e) in relation to successive provisions of the bill, the chair
shall instead put a single question in relation to those provisions,
except that the question shall be put separately on any clause
of or schedule to the bill which a Minister of the Crown has signified
an intention to leave out.
(6) On conclusion At the end of the proceedings
in a committee, the chair shall report the bill (or such of the
bill's provisions as were committed to it) to the House without
putting any question.
Drafting amendments in Title and paras (1), (2)(e), (3), (5) and
(6).
Programme orders: conclusion
end of proceedings on consideration or third reading.
83E.—(1) This order applies for the purpose of bringing
proceedings on consideration and third reading to a conclusion
to an end in accordance with a programme order.
(2) The Speaker shall put forthwith the following questions (but
no others) in the same order as they would fall to be put if this
order did not apply—
(a) any question already proposed from the chair;
(b) any question necessary to bring to a decision a question so
proposed;
(c) the question on any amendment, new clause or new schedule
selected by the Speaker for separate decision;
(d) the question on any amendment moved or motion made by a Minister
of the Crown;
(e) any other question necessary for the disposal of the business
to be concluded ended.
(3) On a motion made for a new clause or a new schedule, the Speaker
shall put only the question that the clause or schedule be added
to the bill.
(4) If two or more questions would fall to be put under paragraph
(2)(d) on successive amendments moved or motions made by a Minister
of the Crown, the Speaker shall instead put a single question
in relation to those amendments or motions.
Drafting amendments in Title and paras (1), (2) and (3)
Programme orders: conclusion
end of proceedings on consideration of Lords amendments.
83F.—(1) This order applies for the purpose of bringing
proceedings on consideration of Lords amendments to a
conclusion to an end in accordance with a programme
order.
(2) The Speaker shall first put forthwith any question already
proposed from the chair and not yet decided.
(3) If that question is for the amendment of a Lords amendment,
the Speaker shall then put forthwith—
(a) a single question on any further amendments of the Lords amendment
moved by a Minister of the Crown; and
(b) the question on any motion made by a Minister of the Crown
that this House agrees or disagrees with the Lords in their amendment
or (as the case may be) in their amendment as amended.
(4) The Speaker shall then put forthwith—
(a) a single question on any amendments moved by a Minister of
the Crown to a Lords amendment; and
(b) the question on any motion made by a Minister of the Crown
that this House agrees or disagrees with the Lords in their amendment
or (as the case may be) in their amendment as amended.
(5) The Speaker shall then put forthwith the question on any motion
made by a Minister of the Crown that this House disagrees with
the Lords in a Lords amendment.
(6) The Speaker shall then put forthwith the question that this
House agrees with the Lords in all the remaining Lords amendments.
(7) As soon as the House has—
(a) agreed or disagreed with the Lords in any of their amendments;
or
(b) disposed of an amendment relevant to a Lords amendment which
has been disagreed to,
the Speaker shall put forthwith a single question on any amendments
moved by a Minister of the Crown relevant to the Lords amendment.
Drafting amendments in Title and paras (1) and (2).
Programme orders: conclusion
end of proceedings on further messages from the Lords.
83G.—(1) This order applies for the purpose of bringing
proceedings on any further message from the Lords to a
conclusion to an end in accordance with a programme
order.
(2) The Speaker shall first put forthwith any question already
proposed from the chair and not yet decided.
(3) The Speaker shall then put forthwith the question on any motion
made by a Minister of the Crown which is related to the question
already proposed from the chair.
(4) The Speaker shall then put forthwith the question on any motion
made by a Minister on or relevant to any of the remaining items
in the Lords message.
(5) The Speaker shall then put forthwith the question that this
House agrees with the Lords in all of the remaining Lords proposals.
Drafting amendments in Title and paras (1) and (2).
Programme orders: reasons committee
83H.—(1) This order applies in relation to any committee
to be appointed to draw up reasons after proceedings have
been brought to a conclusion in accordance with a programme order
after proceedings on a bill subject to a programme order have
ended.
(2) The Speaker shall put forthwith the question on any motion
made by a Minister of the Crown for the appointment, nomination
and quorum of a committee to draw up reasons and the appointment
of its chair.
(3) The committee shall report before the conclusion
end of the sitting at which it is appointed.
(4) Proceedings in the committee shall be brought to a
conclusion brought to an end not later than half
an hour after their commencement.
(5) For the purpose of bringing any proceedings to a conclusion
to an end in accordance with paragraph (4), the chair shall—
(a) first put forthwith any question already proposed from
the chair and not yet decided; and
(b) then put forthwith successively questions on motions which
may be made by a Minister of the Crown for assigning a reason
for disagreeing with the Lords in any of their amendments.
(6) The proceedings of the committee shall be reported without
any further question being put.
Amendment in para (1) to reflect current practice, which applies
SO to all Lords Amendments, not only when knife has fallen.
Drafting amendments in paras (3), (4) and (5).
Programme orders: supplementary provisions
83I.—(1) The provisions of this order apply to proceedings
in the House or in committee of the whole House on a bill which
is subject to a programme order.
(2) Standing Order No. 15(1) (Exempted business) applies
to the proceedings for any period after the moment of interruption
allocated to them in accordance with the programme order.
(3) The proceedings may not be interrupted under any Standing
Order relating to the sittings of the House.
(4) If, on a day on which the bill has been set down to
be taken as an order of the day, a motion for the adjournment
of the House an emergency debate under Standing Order No.
24 (Emergency debates) would, apart from this order, stand over
to seven o'clock, four o'clock or three o'clock—
(a) that motion stands over until the conclusion of any
proceedings on the bill which, in accordance with the programme
order, are to be brought to conclusion at or before that time;
and
(b) the bringing to a conclusion an end of any
proceedings on the bill which, in accordance with the programme
order, are to be brought to a conclusion an end after that
the time set by the Speaker is postponed for a period
of time equal to the duration of the proceedings on that motion
the emergency debate.
(4) If an emergency debate under Standing Order No. 24 (Emergency
debates) takes place on the same day as an application for the
debate is made—
(a) the start of the emergency debate shall be postponed until
the completion of any proceedings which are, under the terms of
a programme order, to be brought to an end at or before the time
specified for the beginning of the emergency debate;
(b) where any proceedings would fall to be brought to an end
under the terms of a programme order after the time specified
for the beginning of the emergency debate, the programme order
shall have effect as if it provided for the proceedings (if not
previously ended) to be brought to an end after they have been
allowed the same length of time as they would have been allowed
if the emergency debate had not taken place).
(5) If a day on which the bill has been set down to be
taken as an order of the day is one to which a motion for the
adjournment of the House under Standing Order No. 24 stands over
from an earlier day, the bringing to a conclusion of any proceedings
on the bill which, in accordance with the programme order, are
to be brought to a conclusion on that day is postponed for a period
equal to the duration of the proceedings on that motion.
(6) No dilatory motion may be made in relation to the proceedings
except by a Minister of the Crown; and the question on any such
motion is to be put forthwith.
(7) If at any sitting the House is adjourned, or the sitting is
suspended, before the expiry end of the
period allocated to proceedings under a programme order,
no notice is required of a motion made at the next sitting by
a Minister of the Crown for varying or supplementing the provisions
of the programme order.
Deletion of para (2) because of related changes to SO No. 15(1)
Clarificatory amendments in para (4) and deletion of para (5),
to bring provisions in line with SO No. 24.
Drafting amendments in para (7).
General Legislation Committees
84. —(1) The following committees shall be general
legislation committees:
(a) second reading committees;
(b) public bill committees;
(c) committees to consider bills on report;
(d) the Scottish Grand Committee;
(e) the Welsh Grand Committee;
(f) the Northern Ireland Grand Committee;
(g) the Regional Affairs Committee;
(h) Delegated Legislation Committees;
(i) the European Committees.
(2) The provisions of standing orders relating to legislation
committees shall also apply to Grand Committees and the Regional
Affairs Committee, save where otherwise provided in Standing Orders
No. A to No. J (Grand Committees) and Standing Order No. 117 (Regional
Affairs Committee).
Change 'General committees' to 'Legislation committees' for clarity.
Public bill committees
84A.—(1) A public bill committee shall be appointed for
the consideration of each bill committed to such a committee,
subject to paragraphs (4) and (5).
(2) A public bill committee to which a bill is, or certain provisions
of a bill are, committed by means of a programme order under Standing
Order No. 83A (Programme motions)—
(a) shall have the power to send for persons, papers and records;
and
(b) shall have leave to sit twice on the first day on which
it meets.
(3) A public bill committee given the power (under paragraph (2)
of this order or paragraph (2)(b) of Standing Order No. 63 (Committal
of bills not subject to a programme order)) to send for persons,
papers and records may hear oral evidence at such meetings as
the committee may appoint, and, unless the committee otherwise
orders, all such evidence shall be given in public.
(3A) At any meeting of a public bill committee at which oral
evidence is to be heard, after any business relating to motions
under paragraphs (9) and (10) of Standing Order No. 83C (Programming
sub-committees), has ended, the committee shall sit in private
until the witnesses are admitted.
(3B) Oral evidence heard by a public bill committee shall
be printed published in the official report of
the committee's debates and, subject to the discretion of the
chair, any written evidence received by the committee shall be
reported to the House, as if it were a select committee, for publication.
(4) A Scottish public bill committee shall be appointed for the
consideration of—
(a) each bill certified by the Speaker as relating exclusively
to Scotland and committed to a public bill committee, and
(b) each bill committed to a Scottish public bill committee.
(5) The Committee of Selection may not nominate a public bill
committee in respect of a private Member's bill while proceedings
in another public bill committee on a private Member's bill are
still active, unless notice of a motion in support of that nomination
has been tabled by a Minister of the Crown:
Provided that, if a private Member in charge of a bill for which
a public bill committee has been nominated informs the Committee
of Selection that he or she does not intend for the time
being to proceed with the committee stage of his
that bill, the committee may nominate another public bill
committee; but in such cases the first public bill committee may
not meet until the second public bill committee has concluded
ended its proceedings.
Addition to para (2)(b) to reflect current practice (currently
provided for in individual programme motions).
Addition in para (3) to remove need for each PBC to resolve to
sit in private after the programme motion has been agreed, but
with the effect that the public will still have to leave after
the Committee's discussion of the programme.
Addition in para (3) to remove need for each PBC to resolve to
publish evidence.
Change of 'print' to 'publish' in para (3).
Division of para (3) into three separate paragraphs, for clarity.
Additions for neutral gender in proviso to para (5).
Drafting amendment in proviso to para (5).
Chairs of general committees
85.—(1) The chair or chairs of each general committee
shall be appointed by the Speaker from the Panel of Chairs.
(2) The Speaker may change the chairs so appointed from
time to time.
(3) When more than one chair is appointed to a general
committee any of the chairs so appointed may exercise the powers
conferred by paragraphs (3) and (4) of Standing
Order No. 89 (Procedure in general committees).
(4) The Panel of Chairs, of which three shall be a quorum,
shall have power to consider matters of procedure relating to
general committees and to report its opinion thereupon to the
House from time to time.
(5) Any member of a general committee may, at the request
of the chair of the committee, act as chair for not more than
a quarter of an hour on any one occasion:
Provided that such member shall not exercise the powers
conferred on the chair of a general committee by paragraph (3)
of Standing Order No. 89 (Procedure in general committees).
Consolidate with SO No. 4 for clarity and ease of reference.
Nominations of general legislation
committees
86.—(1) Save in the case of—
(a) the Scottish Grand Committee,
(b) the Welsh Grand Committee,
(c) a committee for the consideration of a bill on report, and
(d) a European Committee,
the Committee of Selection shall nominate not fewer than sixteen
nor more than fifty Members to serve on each general
legislation committee for the consideration of each bill
allocated or referred to it, or for the consideration of instruments
(whether or not in draft) referred to it.
(2) In nominating such Members the Committee of Selection shall
have regard to the qualifications of those Members nominated and
to the composition of the House, and shall have power to discharge
Members from time to time and appoint others in substitution for
those discharged:
Provided that—
(3) (i) for the consideration of any public
bill certified by the Speaker as relating exclusively to Scotland
or of a public bill (or part of a public bill) ordered to be considered
by a Scottish public bill committee, the committee shall be
so constituted as to include not fewer than sixteen Members
representing Scottish constituencies;
(ii) for the consideration of any public bill relating
exclusively to Wales, the committee shall be so constituted as
to include all Members sitting for constituencies in Wales;
(4) (iii) for the consideration of any
bill a draft of which, or of parts of which, has been considered
by a committee of this House, the Committee of Selection shall
treat a Member's membership of that committee as one of the qualifications
to which it shall have regard.
Amendments in title and para (1) to reflect change of general
committees to legislation committees and new SOs on Grand Committees.
Addition to para (1) to include NIGC.
Drafting amendment in para (2)
Deletion of consistently disapplied provision of para (2).
Attendance of law officers and ministers in general
legislation committees
87.—(1) The Attorney General, the Advocate General and the
Solicitor General, or any of them, being if
they are Members of the House, though but
not members of a general legislation committee,
may take part in the deliberations of the committee, but shall
not vote or make any motion or move any amendment other
than a motion in the Scottish Grand Committee under Standing Order
No. 93 (Scottish Grand Committee (composition and business)) or
a motion in the Welsh Grand Committee under Standing Order No.
102 (Welsh Grand Committee (composition and business)) or a motion
in the Northern Ireland Grand Committee under Standing Order No.
109 (Northern Ireland Grand Committee (composition and business))
or a motion or an amendment in a European Committee under Standing
Order No. 119 (European Committees) or be counted in
the quorum, except as otherwise provided under any Standing
Order or Order of the House.
(2) In a general legislation committee
which is to consider a bill brought in upon a ways and means resolution
any Minister of the Crown, being if he or she
is a Member of the House, though but not
a member of the general legislation committee,
may take part in the deliberations of the committee, but shall
not vote or make any motion or move any amendment or be counted
in the quorum.
Amendments in title and paras (1) and (2) to reflect change of
general committees to legislation committees.
Drafting amendments in paras (1) and (2).
Simplification of list of exemptions in para (1).
Meetings of general legislation
committees
88.—(1) A general legislation committee
to which a bill or other business has been or stands committed
shall meet to consider such business on the day and at the hour
named by the Member appointed chair of the committee in respect
of that business. If the consideration of the business is not
completed at that sitting, and subject to the proviso in paragraph
(5) of Standing Order No. 84A (Public bill committees), the committee
shall meet further to consider the business on such days of the
week and at such times as may be appointed by the committee:
Provided that—
(i) no general legislation committee shall
sit at Westminster, on a day on which the House sits, between
the hours of one o'clock and half-past three o'clock in the afternoon
on Mondays, between the hours of twenty-five minutes past eleven
o'clock in the morning and half-past one o'clock in the afternoon
on Tuesdays or Wednesdays or between the hours of twenty-five
minutes past nine o'clock in the morning and half-past eleven
o'clock in the morning on Thursdays between 1.00 pm
and 3.30 pm on Mondays, between 11.25 am and 1.30 pm on Tuesdays
or Wednesdays or between 9.25 am and 11.30 am on Thursdays,
and
(ii) a public bill committee shall be adjourned at one o'clock
in the afternoon on a Thursday,
except as hereinafter provided.
(2) If a general legislation committee
to which the proviso to paragraph (1) of this order applies is
not previously adjourned, the chair shall adjourn the committee
without putting any question at one o'clock, twenty-five
minutes past eleven o'clock or twenty-five minutes past nine o'clock
at 1.00 pm, 11.25 am or 9.25 am, as the case may be, save
as provided in Standing Order No. 100 (Scottish
Grand Committee (sittings)), Standing Order No. 108 (Welsh Grand
Committee (sittings)) and Standing Order No. 116 (Northern Ireland
Grand Committee (sittings)) [references changed to
new, amalgamated SOs]:
Provided that—
(i) if, in the opinion of the chair, the proceedings on a bill
or other business could be brought to a final conclusion
end by a short extension of the sitting, he or she
may defer adjourning the committee for a quarter of an hour;
(ii) if proceedings under Standing Order No. 36 (Closure of debate)
are in progress at the time when the chair is required
to adjourn the committee under this paragraph, he or she
shall not adjourn the committee until the question for the closure
of debate, the question or questions consequent thereon
on it and on any further motion as provided in that Standing
Order have been decided.
(3) Any general committee may sit notwithstanding any
adjournment of the House.
Amendments in title and paras (1) and (2) to reflect change of
general committees to legislation committees.
Drafting amendments in para (1).
Addition of adjournment for lunch break on Thursdays in para (1).
Additions for neutral gender and drafting amendment in para (2)
proviso.
Deletion of para (3) because of new provision in SO No. 123.
Procedure in general legislation
committees
89.—(1) Except as provided in Standing Order No.
93 (Scottish Grand Committee (composition and business)), Standing
Order No. 102 (Welsh Grand Committee (composition and business)),
Standing Order No. 109 (Northern Ireland Grand Committee (composition
and business)), Standing Order No. 117 (Regional Affairs Committee)
and Standing Order No. 119 (European Committees) Except
as otherwise provided under any Standing Order or Order of the
House the quorum of a general legislation
committee shall be seventeen or one third of the number of its
members excluding the chair, whichever is the less; and in calculating
the quorum fractions shall be counted as one.
(2) A legislation committee may not proceed to business unless
a quorum be is present; and if
at any time during the sitting of the committee a quorum shall
is not be present, the
clerk of the committee shall bring this fact to the notice of
the chair, who shall suspend the
proceedings of the committee until a quorum be
is present, or adjourn the committee.
(3) In determining whether the requisite number
of Members is present to form the quorum the chair
shall be counted counts in the
quorum.
(2) The public shall be admitted to a general
legislation committee unless the committee otherwise orders.
(3) (a) (4) Any notice of an
amendment to a bill which has been committed or referred to a
general committee, or of a motion relative to a European Union
document or documents or an amendment thereto given under Standing
Order No. 119 (European Committees) shall stand referred to the
committee, and The chair of a legislation committee
shall have the like powers as are given
to of the Speaker, the Chairman of Ways and Means and
either Deputy Chairman respectively under
Standing Order No. 32 (Selection of amendments).
(b) (5) Standing Orders No. 29 (Powers
of chair to propose question), and No. 36 (Closure of debate)
and No. 37 (Majority for closure or for proposal of question)
shall apply to general legislation committees,
except that the number necessary to render the majority effective
for the closure or for the proposal of the question shall be the
number prescribed as the quorum by paragraph (1) of this order.
(c) (6) The chair of a general
legislation committee shall have the like
powers as are given to of a chair of a committee
of the whole House under the following Standing Orders:
No. 35 (Dilatory motion in abuse of rules of House),
No. 42 (Irrelevance or repetition),
No. 42A (Sub judice), and
No. 68 (Debate on clause or schedule standing part).
(d) The following Standing Orders shall
apply to general committees:
No. 124 (Quorum of select committees),
No. 128 (Entry on formal minutes of select committee),
and
No. 129 (Formal minutes to be reported).
(4) (7) On a division being called in
the House or a committee of the whole House the chair of a general
legislation committee shall suspend the proceedings of
the committee for such time as will, in his or her opinion,
enable Members to vote in the division and return to the committee.
(5) All general committees shall have leave to print and
circulate their proceedings with the Vote.
Amendments in title and old paras (1) and (2) and new paras (5),
(6) and (7) to reflect change of general committees to legislation
committees.
Simplification of list of exemptions in para (1) and clarification
of old para (3).
Addition of relevant paras of SO No. 124 (Quorum of select committees)
as new paras (2) and (3), with drafting amendments.
Removal of references in new para (5) to merged SO No. 37, in
old para (3)(d) to formal minutes (no longer produced) and in
old para (5) to proceedings (no longer printed).
Drafting amendment in new paras (5) and (6).
Addition for neutral gender in new para (7).
Second reading committees
90.—(1) A motion, of which at least ten days' notice has
been given, may be made by a Minister of the Crown at the commencement
start of public business, that a public bill be referred
to a second reading committee, and the question thereupon
shall be put forthwith; and if, on the question being put, not
fewer than twenty Members rise in their places and signify their
objection thereto, the Speaker shall declare that the noes
have it motion is disagreed to:
Provided that no such notice shall be given until the bill has
been printed and delivered to the Vote Office
published.
(2) A motion, of which at least ten days' notice has been given,
may with the leave of the House be made by the Member in charge
of a private Member's bill at the commencement
start of public business on any day when private Members'
bills have precedence under the provisions of Standing Order No.
14 (Arrangement of public business) DD (Private
Members' Bills), that the said bill be referred to a second
reading committee, and the question thereupon
shall be put forthwith. If such a motion be is
agreed to, any order that the said bill be read a second time
which stands on the paper for that or any subsequent day shall
be discharged. No such motion shall be made before the eighth
Friday on which private Members' bills have precedence and no
such notice shall be given until the bill has been printed
and delivered to the Vote Office published.
(3) A second reading committee shall report to the House either
that it recommends that the bill ought to be read a second time
or that it recommends that the bill ought not to be read a second
time, and in the latter case it shall have power to state its
reasons for so recommending.
(4) When a second reading committee shall have made a report to
the House in respect of a bill referred to it under paragraph
(2) above, the bill shall be ordered to be read a second time
upon a future day.
(5) Upon a motion being made for the second reading of a bill
reported from a second reading committee, the question thereon
on it shall be put forthwith, and may be proceeded with,
though opposed, after the moment of interruption.
Removal of ambiguity in para (1) over whether Speaker's decision
can be challenged.
Change of 'print' to 'publish' in proviso to para (1) and in para
(2).
Drafting amendments in paras (1) and (2).
Amendment in para (5) to remove the need for the current practice
of tabling exemption motions
SO No. 91 was repealed on 1 November 2006.
Consideration on report of certain bills by a general
legislation committee.
92.—(1) A bill which has been considered by a second reading
committee or by the Scottish Grand Committee in relation to the
principle of the bill may be referred for consideration on report
to a committee to consider bills on report or to the Scottish
Grand Committee, as the case may be, upon a motion made after
notice by a Minister of the Crown at the commencement
start of public business, and the question on such motion
shall be put forthwith; and if, on the question being put, not
fewer than twenty Members rise in their places and signify their
objection thereto, the Speaker shall declare that the noes
have it motion is disagreed to.
(2) A committee to consider bills on report shall consist of not
fewer than twenty nor more than eighty Members, to be nominated
by the Committee of Selection to serve on the committee for the
consideration of each bill referred to it; and in the nomination
of such Members, the Committee of Selection shall have regard
to their qualifications and to the composition of the House:
Provided that, for the consideration of all public bills
relating exclusively to Wales, the committee shall be so constituted
as to include all Members sitting for constituencies in Wales.
(3) Any committee to which a bill is referred under this order
shall report to the House that it has considered the bill and
has made amendments or has made no amendment thereunto, as the
case may be; and the bill so reported shall be ordered to be read
the third time upon a future day.
________________________________________
Amendment in title to reflect change of general committees to
legislation committees.
Deletion of para (2) to mirror deletion of SO No. 86(3)(ii).
Removal of ambiguity in para (1) over whether Speaker's decision
can be challenged.
Drafting amendment in para (1).
Replacement of SOs No. 93 to No. 116 on Grand Committees
A. Grand Committees (composition)
(1) There shall be three general committees called
the Scottish Grand Committee, the Welsh Grand Committee and the
Northern Ireland Grand Committee.
(2) The Scottish Grand Committee shall consist of all Members
representing constituencies in Scotland.
(3) The Welsh Grand Committee shall consist of all Members representing
constituencies in Wales, together with not more than five other
Members nominated by the Committee of Selection.
(4) The Northern Ireland Grand Committee shall consist of all
Members representing constituencies in Northern Ireland, together
with not more than twenty-five other Members nominated by the
Committee of Selection.
(5) The Committee of Selection shall have power from time to time
to discharge the Members nominated by it and to appoint others
in substitution for those discharged.
(6) The quorum of the Scottish Grand Committee and the Northern
Ireland Grand Committee shall be ten and the quorum of the Welsh
Grand Committee shall be seven, subject in each case to paragraph
(4) of Standing Order J (Grand Committees (conclusion of sitting)).
(7) Any Minister of the Crown, being a Member of the House, though
not a member of the committee, may take part in the deliberations
of a Grand Committee and may make a motion, but shall not vote
or be counted in the quorum.
This reproduces SOs No. 93(1) and (3), No. 102(1), (2) and
(4) and No. 109 (1), (2) and (4), without alteration except for
deletion of the word "general" in accordance with the
change proposed to the nomenclature of general committees in SO
No. 84.
B. Grand Committees (sittings)
(1) A motion may be made by a Minister of the Crown providing
(or varying previous provision) for—
(a) the times and places of sittings of a Grand Committee,
(b) the consideration at such sittings of such business as has
been referred to the committee,
(c) the taking of oral questions at such sittings,
(d) the hour until which a legislative proposal or matter referred
to the committee may be proceeded with,
(e) the holding of short debates under Standing Order No. D (Grand
Committees (short debates)) on certain of the days so specified,
and
(f) the consideration of substantive motions for the adjournment
of the Scottish Grand Committee under Standing Order No. I (Scottish
Grand Committee (substantive motions for the adjournment)) on
not more than twelve specified days, and
(g) the interruption of proceedings at such hours as may be specified:
and the Speaker shall put forthwith the question on such a motion,
which may be decided, though opposed, after the moment of interruption.
(2) A motion under paragraph (1) may provide for—
(a) the Scottish (or Welsh) Grand Committee to sit at Westminster
or in (or at specified places in) Scotland (or Wales);
(b) the Northern Ireland Grand Committee to sit at Westminster
or, on not more than two specified days, in Northern Ireland at
places to be named by the Member appointed chair.
(3) Nothing in this order shall prevent the committee from considering
further at a sitting at Westminster business adjourned at a previous
sitting in the relevant territory, nor from considering at a sitting
in the relevant territory business adjourned at a sitting at Westminster.
(4) The provisions of Standing Order No. 88 (Meetings of general
committees), so far as they relate to the naming of a day in respect
of business by the Member appointed chair and the committee's
appointment of future days in respect of business not completed
at a sitting, shall not apply to a Grand Committee.
(5) In this order and in Standing Order H (Grand Committees (legislative
proposals and other matters)) 'a legislative proposal' means a
proposal for a draft Order in Council relating exclusively to
Northern Ireland.
(6) In this order and in Standing Orders No. D (Grand Committees
(ministerial statements)) and No. H (Grand Committees (substantive
motions for the adjournment)) 'the relevant territory' means Scotland,
Wales or Northern Ireland, as the case may be.
(7) Other than as provided in paragraph (1) of Standing Order
No. I (Scottish Grand Committee (substantive motions for the adjournment)),
the government shall determine the precedence of the business
appointed for consideration at any sitting of the committee.
This reproduces SOs No. 100(1) and (2) for Scotland, No. 108(1)
and (2) for Wales and No. 114 (3) and No. 116 (1) and (2) for
Northern Ireland.
C. Grand Committees (questions for oral answer)
(1) Notices of questions for oral answer in—
(a) the Scottish Grand Committee by Scotland Office ministers
or Scottish law officers,
(b) the Welsh Grand Committee by Wales Office ministers, or
(c) the Northern Ireland Grand Committee by Northern Ireland Office
ministers
may be given by members of the committee in the Table Office.
(2) Notices of questions given under this order shall bear an
indication that they are for oral answer in the relevant Grand
Committee.
(3) No more than one notice of a question may be given under this
order by any member of the committee for each day specified under
paragraph (1) of Standing Order B (Grand Committees (sittings))
for the taking of questions.
(4) On any day so specified —
(a) questions shall be taken at the start of the sitting;
(b) no question shall be taken later than half an hour (or in
the case of the Scottish Grand Committee, three-quarters of an
hour) after the start of proceedings on the first question; and
(c) replies to questions not reached shall be published with the
official report of the committee's debates for that day.
(5) Notices of questions under this order may be given ten sitting
days before the question is to be answered save where otherwise
provided by a memorandum under paragraph (6) of Standing Order
No. 22 (Notices of questions, motions and amendments).
Provided that when it is proposed that the House shall adjourn
for a period of fewer than four days, any day during that period
(other than a Saturday or a Sunday) shall be counted as a sitting
day for the purposes of the calculation made under this paragraph.
This reproduces SOs No. 94, No.103 and No. 110, unamended except
to reflect the change from printing to publishing in para (4)(c)
and drafting changes in para (4).
D. Grand Committees (short debates)
(1) Notices of subjects to be raised in short debates in a Grand
Committee, on a day specified in an order made under paragraph
(1) of Standing Order No. B (Grand Committees (sittings)), may
be given by members of the committee in the Table Office.
(2) Subjects of which notice is given under paragraph (1) of this
order must relate to the relevant territory.
(3) Not more than one notice of a subject may be given under this
order by any member of the committee for each day specified under
paragraph (1) of Standing Order No. B (Grand Committees (sittings))
for the holding of short debates.
(4) On any day so specified such debates shall be held at the
start of the sitting or, if the order under paragraph (1) specifies
also the taking of questions on that day, immediately after questions.
(5) (a) No Member except the Minister of the Crown replying
to the debate shall be called to speak later than half an hour
after the start of the first such debate.
(b) The Member who gave notice of the subject and the Minister
of the Crown replying to the debate may each speak for five minutes.
Other Members may speak for three minutes.
(c) The chair may direct any Member who exceeds the limits
in sub-paragraph (b) to resume his seat forthwith.
(6) Notices of subjects under this order may be given ten sitting
days before that on which they are sought to be raised:
Provided that when it is proposed that the House shall adjourn
for a period of fewer than four days, any day during that period
(other than a Saturday or a Sunday) shall be counted as a sitting
day for the purposes of the calculation made under this paragraph.
This is the current SOs No. 95, No. 104 and No. 111, unamended,
except for drafting changes in paras (1), (2), (4) and (5).
E. Grand Committees (ministerial statements)
(1) The chair of a Grand Committee may permit a Minister of the
Crown, whether or not a Member of the House, to make a statement,
of which prior notice has been given to him or her, on a matter
relating to the relevant territory, and to answer questions on
that statement put by members of the committee.
(2) Ministerial statements may be made—
(a) at the start of a sitting, or
(b) if questions are taken or short debates held, immediately
after the end of proceedings on them.
(3) Proceedings under this order shall be brought to an end at
the discretion of the chair, except that Ministerial statements
to the Scottish Grand Committee for the purpose of facilitating
the questioning by members of the committee of the Minister of
the Crown about a matter relating to his or her official responsibilities
so far as they relate to Scotland, which, in the case of a Scottish
law officer, shall be as provided in the second column of the
relevant sub-paragraph of paragraph (2) of Standing Order No.
152 (Select committees related to government departments), in
which case proceedings under this order shall be brought to an
end either at an hour appointed by an order of the committee,
for which a motion may be made without notice by a member of the
government immediately before the end of such proceedings, on
which motion the question shall be put forthwith, or, if no such
motion is made, not later than three-quarters of an hour after
their start.
(4) A Minister of the Crown who is not a Member of the House may
not make a statement from the body of the committee; and shall
not vote, make any motion or be counted in the quorum.
This reproduces SOs No. 96, No. 105 and No. 112, unamended,
except for drafting changes in paras (1), (2) and (3).
F. Scottish Grand Committee (bills in relation to their principle)
(1) After any public bill has been first printed, the Speaker
shall, if of the opinion that its provisions relate exclusively
to Scotland, give a certificate to that effect:
Provided that a certificate shall not be withheld by reason only
that the bill—
(a) makes minor consequential amendments of enactments which extend
to England and Wales or Northern Ireland; or
(b) amends Schedule 2 to the Parliamentary Commissioner Act 1967,
Schedule 1 to the House of Commons Disqualification Act 1975 or
Schedule 1 to the Northern Ireland Assembly Disqualification Act
1975.
(2) On the order being read for the second reading of a bill so
certified, a motion may be made by a Minister of the Crown (or
in the case of a private Member's bill, by the Member in charge
of the bill), 'That the bill be referred to the Scottish Grand
Committee'; and the question on that motion shall be put forthwith
and may be decided, though opposed, after the moment of interruption:
Provided that such a motion may be made by a private Member only
with the leave of the House.
(3) A bill so referred to the Scottish Grand Committee shall be
considered on a motion, 'That the Committee has considered the
bill in relation to its principle'; and, when the committee has
considered that question for a total of two and half hours (whether
on one or more than one day), the chair shall put the question
necessary to dispose of the motion, and shall then report accordingly
to the House (or shall report that the committee has come to no
resolution), without any further question being put:
Provided that a Minister of the Crown may, immediately before
the motion 'That the Committee has considered the bill in relation
to its principle' is made, make without notice a motion to extend
the time-limit specified in this paragraph; and the question on
such motion shall be put forthwith.
(4) A bill in respect of which a report has been made under paragraph
(3) above shall be ordered to be read a second time on a future
day.
(5) On the order being read for the second reading of a bill to
which paragraph (4) above applies, a motion may be made by a Minister
of the Crown (or, in the case of a private Member's bill, by the
Member in charge of the bill), 'That the bill be committed to
a Scottish legislation committee'; and the question on such a
motion shall be put forthwith and may be decided, though opposed,
after the moment of interruption.
(6) If a motion made under the preceding paragraph is agreed to,
the bill shall be deemed to have been read a second time, and
shall stand committed to a Scottish public bill committee.
(7) At the end of proceedings on consideration on report of a
bill in respect of which a report has been made under paragraph
(3) above, or on the order being read for the third reading of
such a bill, a motion may be made by a Minister of the Crown (or
in the case of a private Member's bill, by the Member in charge
of the bill), 'That the Bill be referred again to the Scottish
Grand Committee'; and the question on such a motion shall be put
forthwith and may be decided, though opposed, after the moment
of interruption:
Provided that such a motion may be made by a private Member only
with the leave of the House.
(8) A bill so referred again to the Scottish Grand Committee shall
be considered on a motion, 'That the Committee has further considered
the bill in relation to its principle'; and, when the committee
has considered that question for a total of one and a half hours
(whether on one or more than one day), the chair shall put the
question necessary to dispose of the motion, and shall then report
accordingly to the House (or shall report that the committee has
come to no resolution), without any further question being put:
Provided that a Minister of the Crown may, immediately before
the motion 'That the Committee has further considered the bill
in relation to its principle' is made, make without notice a motion
to extend the time-limit specified in this paragraph; and the
question on such motion shall be put forthwith.
(9) A bill in respect of which a report has been made under paragraph
(8) above shall be ordered to be read the third time on a future
day.
(10) When a motion shall have been made for the third reading
of a bill to which paragraph (9) above applies, the question on
that motion shall be put forthwith and may be decided, though
opposed, after the moment of interruption.
This is the current S.O. No. 97 unamended, except for drafting
changes.
F1. Welsh Grand Committee (bills)
(1) A motion, of which at least ten days' notice has been given,
may be made by a Minister of the Crown at the start of public
business, that a public bill be referred to the Welsh Grand Committee,
and the question on that motion shall be put forthwith; and if,
on the question being put, not fewer than twenty Members rise
in their places and signify their objection to the motion, the
Speaker shall declare that the noes have it:
Provided that no such notice shall be given until the bill has
been published.
(2) The committee shall report to the House either that it recommends
that the bill ought to be read a second time or that it recommends
that the bill ought not to be read a second time, and in the latter
case it shall have power to state its reasons for so recommending.
(3) Upon a motion being made for the second reading of a bill
reported from the committee, the question on that motion shall
be put forthwith.
This is the current S.O. No. 106 unamended, except for drafting
changes and change in para (1) to reflect move from printing to
publishing.
F2. Northern Ireland Grand Committee (bills in relation to
their principle)
(1) On the order being read for the second reading of a public
bill relating exclusively to Northern Ireland, a motion may be
made by a Minister of the Crown (or in the case of a private Member's
bill, by the Member in charge of the bill), 'That the bill be
referred to the Northern Ireland Grand Committee'; and the question
on that motion shall be put forthwith and may be decided, though
opposed, after the moment of interruption:
Provided that such a motion may be made by a private Member only
with the leave of the House.
(2) A bill so referred to the Northern Ireland Grand Committee
shall be considered on a motion, 'That the Committee has considered
the bill in relation to its principle'; and, when the committee
has considered that question for a total of two and a half hours
(whether on one or more than one day), the chair shall put the
question necessary to dispose of the motion, and shall then report
accordingly to the House (or shall report that the committee has
come to no resolution), without any further question being put:
Provided that a Minister of the Crown may, immediately before
the motion 'That the Committee has considered the bill in relation
to its principle' is made, make without notice a motion to extend
the time-limit specified in this paragraph; and the question on
such motion shall be put forthwith.
(3) A bill in respect of which a report has been made under paragraph
(2) above shall be ordered to be read a second time on a future
day.
(4) When a motion shall have been made for the second reading
of a bill to which paragraph (3) above applies, the question on
that motion shall be put forthwith and may be decided, though
opposed, after the moment of interruption.
(5) At the end of proceedings on consideration on report of a
bill in respect of which a report has been made under paragraph
(2) above, or on the order being read for the third reading of
such a bill, a motion may be made by a Minister of the Crown (or
in the case of a private Member's bill by the Member in charge
of the bill), 'That the bill be referred again to the Northern
Ireland Grand Committee'; and the question on such a motion shall
be put forthwith and may be decided, though opposed, after the
moment of interruption:
Provided that such a motion may be made by a private Member only
with the leave of the House.
(6) A bill so referred again to the Northern Ireland Grand Committee
shall be considered on a motion, 'That the Committee has further
considered the bill in relation to its principle'; and, when the
committee has considered that question for a total of one and
a half hours (whether on one or more than one day), the chair
shall put the question necessary to dispose of the motion, and
shall then report accordingly to the House (or shall report that
the committee has come to no resolution), without any further
question being put:
Provided that a Minister of the Crown may, immediately before
the motion 'That the Committee has further considered the bill
in relation to its principle' is made, make without notice a motion
to extend the time-limit specified in this paragraph; and the
question on such motion shall be put forthwith.
(7) A bill in respect of which a report has been made under paragraph
(6) above shall be ordered to be read the third time on a future
day.
(8) When a motion shall have been made for the third reading of
a bill to which paragraph (7) above applies, the question on that
motion shall be put forthwith and may be decided, though opposed,
after the moment of interruption.
This is the current S.O. No. 113 unamended, except for drafting
changes.
G. Grand Committees (delegated legislation)
(1) Where—
(a) a Member has given notice of a motion for an humble address
to Her Majesty praying that a statutory instrument be annulled,
or of a motion of a similar character relating to a statutory
instrument or to any other instrument (whether or not in draft)
which may be subject to proceedings in the House in pursuance
of a statute, or of a motion that the House takes note of a statutory
instrument, or
(b) a Minister of the Crown has given notice of a motion to the
effect that an instrument (whether or not in draft) upon which
proceedings may be taken in pursuance of an Act of Parliament
(other than a draft regulatory reform order) be approved,
a motion may be made by a Minister of the Crown to the effect
that the instrument be referred to the Scottish or the Northern
Ireland Grand Committee; and the question on such motion shall
be put forthwith and may be decided, though opposed, at any hour.
(2) The committee shall consider each instrument referred to it
on a motion, 'That the Committee has considered the instrument';
and the chair shall put any question necessary to dispose of the
proceedings on the motion, if not previously disposed of, not
later than—
(a) one and a half hours, in the case of the Scottish Grand Committee,
or
(b) two and a half hours, in the case of the Northern Ireland
Grand Committee,
after the start of proceedings on the motion; and shall then report
the instrument to the House without any further question being
put:
Provided that in the Northern Ireland Grand Committee a Minister
of the Crown may, immediately before the motion 'That the Committee
has considered the instrument' is made, make without notice a
motion to extend to three hours the time-limit specified in sub-paragraph
(b) above; and the question on such motion shall be put forthwith.
(3) If any motion is made in the House of the kind specified in
paragraph (1)(a) or (1)(b) of this order, in relation to any instrument
in respect of which a report has been made to the House in accordance
with paragraph (2) of this order, the Speaker shall put forthwith
the question on that motion; which may be decided, though opposed,
after the moment of interruption.
This is the provision from SOs No. 98 (Scotland) and No.115
(Northern Ireland), unamended except for drafting changes.
H. Grand Committees (legislative proposals and other matters)
(1) A motion may be made by a Minister of the Crown to the effect
that—
(a) a specified matter or matters relating exclusively to Wales
be referred to the Welsh Grand Committee,
(b) a legislative proposal or other specified matter relating
exclusively to Northern Ireland be referred to the Northern Ireland
Grand Committee,
and the question on such a motion shall be put forthwith and may
be decided, though opposed, after the moment of interruption.
(2) The committee shall consider the matter or legislative proposal
referred to it on a motion, 'That the committee has considered
the matter (or legislative proposal)', and proceedings on the
motion, if not previously disposed of, shall stand adjourned at
the hour, or at the expiration of the period, specified in an
order made under paragraph (1) of Standing Order B (Grand Committees
(sittings)).
(3) If the question on the motion specified in paragraph (3) above
is agreed to the chair shall report only that the committee has
considered the said matter or legislative proposal.
This contains the existing provisions for Wales (S.O. No. 107)
and Northern Ireland (S.O. No. 114, paras (1) and (2)), unamended
except for drafting changes.
I. Scottish Grand Committees (substantive motions for the adjournment)
(1) On each of the days specified in an order of the House under
paragraph (1) of Standing Order No. B (Grand Committees (sittings))
for the consideration of motions for the adjournment of the Scottish
Grand Committee, such motions of which notice has been given in
accordance with paragraphs (2) and (3) below shall have precedence.
(2) A member of the committee giving notice of a motion for the
adjournment of the committee under this order shall—
(a) also give notice of the subject to which he or she intends
to call attention on the motion for the adjournment of the committee,
and
(b) give such notice of motion and of the subject in writing not
later than ten sitting days before that on which the motion is
to be made:
Provided that the subject to which attention is called must relate
to Scotland.
(3) The days specified for the consideration of motions for the
adjournment of the committee under this order shall be allocated
as follows—
(a) six at the disposal of the government;
(b) four at the disposal of the Leader of the Opposition;
and, in respect of parties other than that of the Leader of the
Opposition,
(c) one at the disposal of the leader of the largest opposition
party; and
(d) one at the disposal of the leader of the next largest opposition
party:
Provided that a day specified in an order of the House under paragraph
(1) of Standing Order No. B (Grand Committees (sittings)) on which
business is to be interrupted five hours or more after the start
of the sitting shall, if no business other than that to which
this order applies is set down for consideration on that day,
be deemed to be two days for the purposes of this order.
(4) For the purposes of this order, the 'largest' and 'next largest'
opposition parties in Scotland shall be those parties, not being
represented in Her Majesty's Government and of which the Leader
of the Opposition is not a member, which have the largest and
next largest number of Members who represent constituencies in
Scotland, and of which not fewer than three Members were elected
to the House as members of those parties.
This is the current SO No. 99, unamended except for drafting
changes.
J. Grand Committees (end of sitting)
(1) At any sitting of a Grand Committee the chair shall interrupt
proceedings (other than on a motion made under paragraph (3) below)
at the time specified in relation to the sitting by an order made
under paragraph (1) of Standing Order B (Grand Committees (sittings)),
or, in the absence of such provision, at 1.00 pm on Mondays, at
11.25 am on Tuesdays or Wednesdays or at 9.25 am on Thursdays,
subject to paragraph (2) of Standing Order No. 88 (Meetings of
general committees).
(2) At the moment of interruption, proceedings under consideration
and not disposed of shall stand adjourned, except that proceedings
on a motion for the adjournment under Standing Order I (Scottish
Grand Committees (substantive motions for the adjournment)) shall
lapse.
(3) Save as provided in paragraph (5) below, after the interruption
of proceedings, or on the completion of the business appointed
for consideration at that sitting, whichever is the earlier, a
motion for the adjournment of the committee may be made by a Minister
of the Crown, and, notwithstanding the provisions of Standing
Order No. 88 (Meetings of general committees), the chair shall,
not later than half an hour after the motion has been made, adjourn
the committee without putting any question.
(4) In respect of business taken under paragraph (3) above the
quorum of the committee shall be three.
(5) Paragraph (3) of this order shall apply to the Northern Ireland
Grand Committee only on a day specified in an order made under
paragraph (1) of Standing Order B (Grand Committees (sittings)).
This reproduces the provisions in S.O. Nos. 100(4)-(6) (Scotland),
108(3)-(5) (Wales) and 116(3)-(5) (Northern Ireland), retaining
the provision that a half-hour debate takes place in the NIGC
only if the motion in the House provides for this. A drafting
change is made to the title.
Regional Affairs Committee.
117.—(1) There shall be a general committee
called the Regional Affairs Committee, which shall consider any
matter relating to regional affairs in England which may be referred
to it.
(2) The Committee shall consist of thirteen Members representing
English constituencies nominated by the Committee of Selection;
and in nominating such Members, the Committee of Selection shall—
(a) have regard to the qualifications of the Members nominated
and to the composition of the House; and
(b) have power to discharge Members from time to time, and to
appoint others in substitution.
(3) Any Member of the House representing an English constituency,
though not nominated to the committee, may take part in its proceedings,
but may not make any motion, vote or be counted in the quorum;
provided that a Minister of the Crown who is a Member of this
House but not nominated to the committee may make a motion as
specified in paragraph (10) below.
(4) The quorum of the committee shall be three.
(5) Paragraph (1) of Standing Order No. 88 (Meetings of general
committees) shall not apply to the committee; except that the
proviso to that paragraph shall apply to any sitting at Westminster.
(6) A motion may be made in the House by a Minister of the Crown
to specify (or to vary) any or all of the following—
(a) the matter or matters to be referred to the Committee;
(b) the period to be allotted to proceedings on such matters;
(c) when and where (within England) the Committee shall meet;
(d) the hours for the commencement start
and conclusion end of any sitting;
(e) any days when the committee shall meet at Westminster;
and such motion may be moved at any time; and the question thereon
on it shall be put forthwith and may be decided at
any hour, though opposed, after the moment of interruption.
(7) Where any order made under paragraph (6) above makes no provision
for the period to be allotted to the proceedings on any matter
or matters which have been referred to the committee for consideration
at a particular sitting, those proceedings shall be brought
to a conclusion brought to an end no later than
three hours after their commencement start.
(8) At the commencement start of business
at any sitting of the committee, the chair may permit Ministers
of the Crown, being Members of the House, to make statements on
any matter or matters referred to the committee for consideration
at that sitting, and may then permit members of the committee
to ask questions thereon on any such statement.
(9) No question on a statement by a Minister of the Crown shall
be taken later than one hour after the expiry of
a period of one hour from the commencement
start of the first such statement, except that the chair
may, at his or her discretion, allow such questions to
be taken for a further period not exceeding half an hour.
(10) The committee shall, following any such statements and questions,
consider each matter referred to it on a motion 'That the committee
has considered the matter'; the chair shall put the question necessary
to dispose of the proceedings on each matter at the time, or after
the period, specified in accordance with paragraph (6) or paragraph
(7) of this order, and the committee shall thereupon
then report to the House that it has considered the matter or
matters without any further question being put.
(11) Any period allocated to the consideration of any matter or
matters shall include any time spent on statements by Ministers
of the Crown and questions thereon on them,
except when otherwise provided by any order of the House made
in accordance with paragraph (6) above.
Amendment in para (1) to reflect change of general committees
to legislation committees.
Drafting amendments in paras (6)(b), (7), (8) and (9).
Addition for neutral gender in para (9).
Delegated Legislation Committees
118.—(1) There shall be one or more committees,
to be called Delegated Legislation Committees, for the consideration
of such instruments (whether or not in draft) as may be referred
to them; and those instruments shall be distributed among the
committees by the Speaker.
(2) Any Member, not being a member of such a committee, may take
part in the deliberations of the committee, but shall not vote
or make any motion or move any amendment or be counted in the
quorum.
(3) Where a Minister of the Crown has given notice of a motion
to the effect that an instrument (whether or not in draft) upon
which proceedings may be taken in pursuance of
under an Act of Parliament (other than a draft legislative
reform order) be approved, the instrument shall stand referred
to a Delegated Legislation Committee, unless—
(a) notice has been given by a Minister of the Crown of
a motion that the instrument shall not so stand referred
a Minister of the Crown puts down a motion relating to the
instrument for consideration in the chamber on a particular day,
or
(b) the instrument is referred to the Scottish Grand Committee
or to the Northern Ireland Grand Committee.
(4) Where a Member has given notice of—
(a) a motion for an humble address to Her Majesty
praying that a statutory instrument be annulled, or a motion of
a similar character relating to a statutory instrument, or to
any other instrument (whether or not in draft) which may be subject
to proceedings in the House in pursuance of under
a statute, or a motion that the House takes note of a statutory
instrument, or
(b) a motion that a measure under the Church of England
Assembly (Powers) Act 1919 be presented to Her Majesty for her
Royal Assent, or a motion relating to an instrument made under
such a measure,
a motion may be made by a Minister of the Crown at the commencement
start of public business, that the instrument be referred
to such a committee, and the question thereon
on it shall be put forthwith; and if, on the question being
put, not fewer than twenty Members rise in their places and signify
their objection thereto, the Speaker shall declare that the noes
have it motion is negatived.
(5) Each committee shall consider each instrument referred to
it on a motion, 'That the committee has considered the instrument';
and the chair shall put any question necessary to dispose of the
proceedings on such a motion, if not previously concluded
ended, when the committee shall have sat for one and a
half hours (or, in the case of an instrument relating
exclusively to Northern Ireland, two and a half hours) after
the commencement start of those proceedings;
and the committee shall thereupon then report
the instrument to the House without any further question being
put.
(6) If any motion is made in the House of the kind specified in
paragraphs (3) or (4) of this order, in relation to any instrument
reported to the House in accordance with paragraph (5) of this
order, the Speaker shall put forthwith the question thereon
on it and such question may be decided at any hour,
though opposed after the moment of interruption.
Drafting amendments in paras (1), (3), (4), (5) and (6).
Amendment of para (3) to reflect existing practice.
Deletion of Church of England Measures to ensure that they are
covered by 'nod or nothing'.
Removal of ambiguity in para (4) over whether Speaker's decision
can be challenged.
Removal of the provision for a longer time limit for Northern
Ireland because of Northern Ireland statutory instruments are
not as long as they were when the Assembly was not fully functioning.
European Committees
119.—(1) There shall be three general legislation
committees, called European Committees, to which shall stand referred
for consideration on motion, unless the House otherwise orders,
such European Union documents as defined in Standing Order No.
143 (European Scrutiny Committee) as may be recommended by the
European Scrutiny Committee for further consideration.
(2) If a motion that specified European Union documents
as aforesaid shall not stand referred to a European Committee
is made by a Minister of the Crown at the commencement of public
business, the question thereon shall be put forthwith.
If a Minister of the Crown gives notice of a motion relating
to a document for consideration in the chamber on a specified
day, that document shall no longer stand referred to a European
Committee.
(3) Each European Committee shall consist of thirteen Members
nominated by the Committee of Selection in respect of any European
Union document which stands referred to it, and the Committee
of Selection may nominate the same membership in respect of several
documents.
(4) In nominating the members of a European Committee, the Committee
of Selection shall have regard to the qualifications of the Members
nominated and to the composition of the House; and where practicable
it shall nominate at least two members of the European Scrutiny
Committee and at least two members of the select committee appointed
under Standing Order No. 152 whose responsibilities most closely
relate to the subject matter of the document or documents.
(5) The quorum of a European Committee shall be three, excluding
the chair.
(6) Any Member, though not nominated to a European Committee,
may take part in the committee's proceedings and may move amendments
to any motion made as provided in paragraphs (9) and (10) below,
but such Member shall not make any motion, vote or be counted
in the quorum; provided that a Minister of the Crown who is a
Member of this House but not nominated to the committee may make
a motion as provided in paragraphs (9) and (10) below.
(7) The European Committees, and the principal subject matter
of the European Union documents to be referred to each, shall
be as set out below; and, in making recommendations for further
consideration, the European Scrutiny Committee shall specify the
committee to which in its opinion the documents ought to be referred;
and, subject to paragraph (2) of this order, the documents shall
be referred to that committee accordingly—
| European Committees
| Principal subject matter
|
| |
| Matters within the responsibility of the following Departments—
|
| A | Energy and Climate Change, Environment, Food and Rural Affairs; Transport; Communities and Local Government; Forestry Commission; and analogous responsibilities of Scotland, Wales and Northern Ireland Offices.
|
| B | HM Treasury (including HM Revenue & Customs); Work and Pensions; Foreign and Commonwealth Office; International Development; Home Office; Ministry of Justice (excluding those responsibilities of the Scotland and Wales Offices which fall to European Committee A); together with any matters not otherwise allocated by this Order.
|
| C | Business, Innovation and Skills; Children, Schools and Families Education; Culture, Media and Sport; Health.
|
(8) The chair may permit a member of the European Scrutiny Committee
appointed to the committee under paragraph (4) above to make a
brief statement of no more than five minutes, at the beginning
of the sitting, explaining that committee's decision to refer
the document or documents to a European Committee.
(9) The chair may permit Ministers of the Crown to make statements
and to answer questions thereon put by Members
on the statements, in respect of each motion relative to
a European Union document or documents referred to a European
Committee of which a Minister shall have has
given notice; but no question shall be taken after the expiry
of a period of one hour from the commencement of the first
such statement the start of the sitting:
Provided that the chair may, if he or she sees fit, allow
questions to be taken for a further period of not more than half
an hour after the expiry end of that period.
(10) Following the conclusion end of the
proceedings under the previous paragraph, the motion referred
to therein may be made, to which amendments may be moved; and,
if proceedings thereon on it have not
been previously concluded ended, the chair
shall interrupt the consideration of such motion and amendments
when the committee shall have has sat
for a period of two and a half hours, and shall then put forthwith
successively—
(a) the question on any amendment already proposed from the chair;
and
(b) the main question (or the main question, as amended).
The chair shall thereupon then report to the
House any resolution to which the committee has come, or that
it has come to no resolution, without any further question being
put.
(11) If any motion is made in the House in relation to any European
Union document in respect of which a report has been made to the
House in accordance with paragraph (10) of this order, the Speaker
shall forthwith put successively—
(a) the question on any amendment selected by him which may be
moved;
(b) the main question (or the main question, as amended); and
proceedings in pursuance of under this
paragraph, though opposed, may be decided after the expiration
of the time for opposed business moment of interruption.
(12) With the modifications provided in this order, the following
Standing Orders shall apply to European Committees—
No. 85 (Chair of general legislation committees);
No. 88 (Meetings of general legislation
committees); and
No 89 (Procedure in general legislation
committees).
Amendments in paras (1) and (12) to reflect change from general
committees to legislation committees.
Amendment of para (3) to reflect existing practice.
Amendment in list of Committees to reflect name of Department
Drafting amendments in paras (9), (10) and (11)(b).
Addition for neutral gender in para (9) proviso.
Business subcommittees.
120.—(1) Whenever an order has been made by the House allocating
time to the proceedings of a public bill committee on any bill
which has been allocated or committed to it, the order shall stand
referred to that committee, and shall be considered by a sub-committee
thereof to be called the business sub-committee.
(2) A business sub-committee shall consist of the chair or one
of the chairs of the committee (who shall be chair of the sub-committee)
and seven members of the committee, to be nominated by the Speaker
as soon as may be after such an order has been made; the quorum
of the sub-committee shall be four, of whom the chair so nominated
shall be one; and the sub-committee shall have power to report
from time to time to the committee.
(3) A sub-committee shall report to the committee its resolutions
upon—
(a) the number of sittings to be allotted to the consideration
of the bill;
(b) the allocation of the proceedings to each sitting; and
(c) the time at which any proceedings, if not previously concluded
ended, shall be brought to an end.
(4) All such resolutions shall be reported to the committee at
the commencement start of the next sitting of
the committee and shall be recorded in the minutes of the proceedings
of the committee.
(5) Whenever a sub-committee has made a report to the committee,
the Member in charge of the bill may forthwith move 'That this
committee do agree with the business sub-committee in its resolution
(or resolutions)'; and the question on such a motion shall be
put forthwith.
(6) If the question is agreed to, the resolution (or resolutions)
shall have effect as though included in the order aforesaid, but
if it is negatived the resolution (or resolutions) shall stand
re-committed to the business sub-committee.
Drafting amendments in paras (3)(b) and (4).
Nomination of select committees.
121.—(1) Any Member intending to propose that certain Members
be members of a select committee, or be discharged from a select
committee, shall give notice of the names of Members whom he
or she intends so to propose, shall endeavour to ascertain
previously whether each such Member will give his or her attendance
on the committee, and shall endeavour to give notice to any Member
whom he or she proposes to be discharged from the committee.
(2) No motion shall be made for the nomination of members of select
committees appointed under the standing orders of this House (with
the exception of the Liaison Committee, the Committee of Selection,
the Committee on Standards and any Committee established under
a temporary standing order), or for their discharge, unless—
(a) notice of the motion has been given at least two sitting days
previously, and
(b) (i) in the case of a motion to agree with a report
from the Liaison Committee to appoint and nominate Members to
a National Policy Statement Committee under Standing Order No.
152H (Planning: national policy statements) the motion is made
on behalf of the Liaison Committee by the chair or another member
of the committee; or
(ii) in other cases the motion is made on behalf of the
Committee of Selection by the chair or another member of the committee.
the motion is made on behalf of the Committee of Selection
by the chair or another member of the committee, unless otherwise
provided in the order establishing the committee.
(2A) Except as otherwise provided in the Standing Orders of
this House, or unless the House otherwise orders, each Member
nominated to a select committee (other than the Committee of Selection)
shall continue to be a member of it for the remainder of the Parliament.
(2B) Any questions necessary to dispose of the proceedings
on a motion under this Order which has been opposed at or after
the interruption of business on a preceding day shall be put one
hour after the start of those proceedings and a motion under this
paragraph may be proceeded with, though opposed, after the moment
of interruption.
Simplification of appointment provisions (with corresponding change
in SO No 152H).
Addition of provision on membership of select committees to avoid
the need for repetition in SOs on individual select committees.
Addition of provisions from SO No. 15 for clarity; but also removing
provision to allow more than an hour's debate if proceedings start
before the moment of interruption.
Lists of Members serving on select committees
122. Lists shall be fixed in some conspicuous place in
the Committee Office and in the lobby of the House of all Members
serving on each select committee. The names of all
members serving on each select committee shall be published.
Updating
NO CHANGE TO:
| SO No. | Title |
| 122A | Term limits for chairs of select committees
|
Election of select committee chairs
122B.—(1) The chairs of the following select committees
shall be elected by the House in accordance with paragraphs (2)
to (14) below:
(a) select committees appointed under Standing Order No. 152 (Select
committees related to government departments);
(aa) the Political and Constitutional Reform Committee;
(b) the Environmental Audit Committee;
(c) the Select Committee on Public Administration;
(d) the Committee of Public Accounts;
(da) the Petitions Committee; and
(e) the Procedure Committee.
(2) The day following his or her election at the start
of a new Parliament, the Speaker shall communicate to the leaders
of each party represented in the House the proportion of chairs
of select committees to be elected under this order falling to
each such party which would reflect the composition of the House.
(3) If, within a week of the Queen's Speech, a motion in the name
of the leaders of all the parties entitled to one or more chairs
of select committees subject to election under this order specifying
to which party each such chair is allocated is moved, the questions
necessary to dispose of proceedings on the motion shall be put
not later than one hour after their commencement
start, proceedings on the motion shall be exempted business
and Standing Order No. 41A (Deferred divisions) shall not apply.
(4) If a motion to which paragraph (3) above applies also makes
changes to Standing Order No. 152 (Select committees related to
government departments) which are consequential on changes to
the machinery of government, then the questions necessary to dispose
of proceedings on the motion shall be put not later than one and
a half hours after their commencement; proceedings on the motion
shall be exempted business; and Standing Order No. 41A (Deferred
divisions) shall not apply.
(5) If, on the expiry of two weeks after the
Queen's Speech, no motion in the name of the leaders of all the
parties entitled to one or more chairs of select committees subject
to election under this order specifying to which party each said
chair is allocated has been tabled, on the following sitting
day the Speaker shall give precedence to a motion tabled
thereafter subsequently by any Member to allocate
chairs under this order and the provisions of paragraphs (3) and
(4) shall apply to proceedings on such a motion.
(6) If the House has agreed a motion allocating chairs to parties
the election of the chairs shall take place in accordance with
the remaining provisions of this order.
(7) The ballots shall take place on the next Wednesday at least
fourteen days after the approval of the motion allocating
chairs to parties.
(8) (a) Nominations of candidates shall be in writing and shall
be received by the Clerk of the House by between
10.00 am and 5.00 pm on the day Thursday
before the ballot.
(b) Each nomination shall consist of a signed statement made by
the candidate declaring his or her willingness to stand
for election, accompanied by the signatures of fifteen Members
elected to the House as members of the same party as the candidate
or ten per cent. of the Members elected to the House as members
of that party, whichever is the lower.
(c) Statements may be accompanied by signatures of up to five
Members elected to the House as members of any party other than
that to which the candidate belongs, or members of no party.
(d) No Member may sign the statement of more than one candidate
for chair of the same select committee, and if any Member does
so, that signature shall no longer be valid. More signatures than
are required under sub-paragraph (b) above may accompany the nomination
but any signatures in excess of the required number shall be disregarded
for the purposes of this Order unless necessary to substitute
for a signature which is not valid.
(e) No Member may be a candidate for the chair of a select committee
which has not been allocated to his or her party under
paragraph (3) of this order or otherwise, or for which he or
she is ineligible under Standing Order No. 122A (Term limits
for chairs of select committees).
(f) No Member may be a candidate for the chair of the Committee
of Public Accounts unless his or her party is that of the
official Opposition.
(g) No Member may be a candidate for more than one chair elected
under this order.
(h) As soon as practicable following the close of nominations,
lists of the candidates and their accompanying signatories shall
be published.
(9) Election of chairs of select committees under this order shall
be by secret ballot.
(10) Preparatory arrangements for the ballots shall be made under
the supervision of the Clerk of the House.
(11) (a) If there is only one candidate for the chair of a select
committee, that candidate shall be declared elected without a
ballot.
(b) The ballot shall take place in a place appointed by the Speaker.
(c) Each Member intending to vote shall be provided with a ballot
paper for each select committee bearing the names of the candidates
listed in alphabetical order.
(d) Members will vote by ranking as many candidates as they wish
in order of preference, marking 1 by the name of their first preference,
2 by the name of their second preference, and so on. Any candidate
who receives more than half the first preferences shall be elected.
If no candidate is so elected, the candidate or candidates with
the lowest number of first preferences shall be eliminated and
their votes distributed among the remaining candidates according
to the preferences on them. If no candidate has more than half
the votes, the process of elimination and distribution is repeated,
until one candidate has more than half the votes.
(e) The ballot shall be open between 10.00 am and 4.00 pm
and counting shall take place under arrangements made by the Clerk
of the House.
(12) The Speaker shall have power to give directions on any matter
of doubt arising from the conduct of a ballot or from an individual
ballot paper and to vary the timings given in paragraphs (6) to
(11) of this order.
(13) As soon as practicable after the closing of the ballot the
results shall be published under the direction of the Speaker.
(14) A chair elected under this order is a member of the committee
of which he or she is elected chair.
New sub-para (1)(da) added by the House on 24 February 2015
consequent on agreement of new SO establishing a Petitions Committee.
Additions for neutral gender in paras (2), (8) (b), (e) and (f)
and (14).
Drafting amendments in paras (4) and (5).
Deletion in para (5) to give flexibility on the timing of a motion
to allocate Chairs to parties.
Changes to paras (7), (8) and (11)(e) to provide for consistency
in arrangements for all elections and by-elections for House positions.
Extension of notice period in para (8) to give more time for the
practicalities of the preparation of ballots.
Addition to (8)(d) to reflect current practice (and as recommended
by Committee in its Fifth Report of Session 2010-12, para 40).
Resignation or removal of chairs of select committees
122C.—(1) In the case of a select committee to which the
provisions of Standing Order No. 122B (Election of select committee
chairs) applies, where
(a) the chair has ceased to be a member of the House, or
(b) the chair has given written notice to the Speaker of a wish
to resign from the chair, or
(c) the committee has reported a resolution that it has no confidence
in the chair in accordance with the terms of paragraphs (3) and
(4) of this order
the Speaker shall declare the chair vacant and, as soon as practicable,
announce the date of the election for the position of chair of
that committee which shall be a Wednesday not fewer than
ten sitting days after that announcement.
(2) The election shall be held according to the provisions of
paragraphs (2) to (13) of Standing Order No. 122B (Election of
select committee chairs), save that nominations shall
be submitted by 12 noon on the day before the ballot.
(3) No motion expressing no confidence in its chair may be made
in a committee unless notice of the motion has been circulated
to the chair and all members of the committee at least ten sitting
days in advance of the meeting at which the motion is made.
(4) A resolution by a committee expressing no confidence in its
chair shall not have effect for the purposes of paragraph (1)above
unless either
(a) it is agreed by the committee without a division or
(b) the majority of the membership of the committee, including
at least two members from the largest party represented on the
committee and at least one member from another party, vote in
favour of the resolution.
(5) A motion expressing no confidence in the chair may not be
made in a committee in the six months following the election of
a chair by the House or in the year following a vote on such a
motion on that chair.
Changes to paras (1) and (2) to bring by-election arrangements
in line with (amended) arrangements for full elections of Committee
chairs in SO No. 122B.
Election of Chair of Backbench Business Committee
122D.—(1) (a) The election of the chair of the Backbench
Business Committee shall take place at the start of each session
on a Wednesday to be determined by the Speaker.
(b) Nominations of candidates shall be in writing and shall be
received by the Clerk of the House between 10.00 am and 5.00 pm
on the Thursday before the day appointed for election.
(c) No member may be a candidate for the chair of the committee
if that Member's party is represented in Her Majesty's Government.
(d) Each nomination shall consist of a signed statement made by
the candidate declaring their willingness to stand for election,
accompanied by the signatures of not fewer than twenty nor more
than twenty-five Members, of whom no fewer than ten shall be members
of a party represented in Her Majesty's Government and no fewer
than ten shall be members of a party not so represented or of
no party.
(e) No Member may sign the statement of more than one candidate.
(f) As soon as practicable following the close of nominations,
a list of the candidates and their accompanying signatories shall
be published.
(g) Arrangements for the election shall follow those set out in
paragraphs (9) to (14) of Standing Order No. 122B (Election of
select committee chairs), save that in sub-paragraph (11)(e)
the opening hours of the ballot shall be between 11.00 am and
1.00 pm and in paragraph (12) reference to variation
of timings shall be read as applying also to the timings in sub-paragraph
(b) and (g) of this paragraph this order.
(2) Standing Order No. 122C (Resignation or removal of chairs
of select committees) shall apply to the chair of the Backbench
Business Committee, save for paragraph (2) of that Order; and
any election following a vacancy in the chair shall be held under
the provisions of paragraph (1)(b) to (g) above.
Changes to paras (1)(a), (b) and (g) to bring timings into line
with other elections and by-elections (as amended).
Sittings of committees
123. All committees, other than committees of the whole
House, shall have leave to sit at any time on any day on which
the House sits, but may not otherwise sit during any adjournment
of the House, without the leave of the House, and such leave shall
not be moved for without notice. (1) Subject to paragraph
(2) of this order, all committees (other than committees of the
whole House) and all sub-committees may sit notwithstanding any
adjournment of the House.
(2) Paragraph (1) of this order does not apply to the Committee
of Selection, to the Backbench Business Committee or to the Standing
Orders Committee; but those committees may sit at any time on
any day on which the House sits.
Simplification, given provisions in SOs on Select Committees.
Committee of Selection, Backbench Business Committee and Standing
Orders Committee excluded to maintain current position.
Quorum of select committees.
124.—(1) Except as otherwise provided, the quorum of a select
committee shall be three or a quarter of the number of its members,
whichever is the greater; and in calculating the quorum fractions
shall be counted as one.
(2) Where more than two select committees or sub-committees thereof
meet concurrently pursuant to under subparagraphs
(1)(b) or (1)(ba) of Standing Order No. 137A (Select committees:
power to work with other committees), the quorum of each shall
be two.
(3) A select committee may not proceed to business unless a quorum
be is present; and if at any time during
the sitting of a select committee a quorum shall
is not be present, the clerk of the committee
shall bring this fact to the notice of the chair,
who shall thereupon suspend the proceedings
of the committee until a quorum be is
present, or adjourn the committee.
(4) In determining whether the requisite number of Members
is present to form the quorum the chair shall be counted
The chair counts in the quorum.
________________________________________
Drafting amendments in paras (2) and (3) and simplification in
para (4).
NO CHANGE TO:
| SO No. | Title |
| 125 | Select committees (admission of the public)
|
Withdrawal of Members from meetings of select committees.
126. If any select committee, or sub-committee thereof, considers
that the presence at a meeting, or part of a meeting, of that
committee to which the public are not admitted of any specified
Member of the House not nominated to that committee would obstruct
the business of the committee, it shall have power to direct such
that Member to withdraw forthwith; and the Serjeant at Arms shall
act on such instructions as he may receive from the chair of the
committee in pursuance of under this order.
Drafting amendments.
NO CHANGE TO:
| SO No. | Title |
| 127 | Withdrawal of documents before select committee
|
| 128 | Entry on formal minutes of select committee
|
Formal minutes to be reported
published
129. The formal minutes of a select committee shall be
reported to the House during the session to which they relate,
unless the committee proposes to bring them up with a report in
a following session of the same Parliament. The formal
minutes of a select committee may be published without first being
reported to the House.
Redraft and amendment to title to reflect existing practice.
Entry on the record of evidence of select committee
130. The names of Members present at each sitting of a
select committee shall be entered on the record of the evidence,
if any.
Obsolete.
Entry of questions asked
131. To every question or series of questions asked of
a witness in the proceedings of a select committee, there shall
be prefixed the name of the inquiring Member.
Obsolete.
NO CHANGE TO:
| SO No. | Title |
| 132 | Administration of oath in select committee
|
Power to report opinion and observations
133. Every select committee shall have leave to report to the
House its opinion and observations upon any matters referred
to it for its consideration within its order of reference,
together with the evidence taken before it, and also to make a
special report of any matters which it may think fit to bring
to the notice of the House.
Drafting amendment to reflect current practice.
NO CHANGE TO:
| SO No. | Title |
| 134 | Select committees (reports)
|
| 135 | Witnesses and evidence (select committees)
|
| 136 | Publication of evidence (select committees)
|
Select committees (adjournment of the House)
137. Whenever the House stands adjourned for more than two days,
and any select committee having power to sit notwithstanding
any adjournment of the House shall have agreed to a report,
or shall have resolved that its formal minutes should
be printed or that the evidence taken before it or before
any sub-committee appointed by it or any papers laid before it
should be reported to the House and printed published,
it shall have power to direct the printing publication
of such report, minutes or papers, and such printing
publication shall be under the authority of the House;
and any such reports, minutes or papers shall
be deemed to have been reported to the House and shall be reported
when the House next sits.
Deletion to reflect change to SO No. 123, on sittings of committees
during adjournment of the House.
Change of 'printing' to 'publication' to reflect current practice.
Deletion of references to formal minutes to reflect current practice.
Select committees: power to work with other committees
137A.—(1) Any select committee or sub-committee with power
to send for persons, papers and records shall have power—
(a) to communicate its evidence to any other select committee
or sub-committee of either House of Parliament or to the Scottish
Parliament, the National Assembly for Wales or the Northern Ireland
Assembly or to any of their committees; provided that evidence
from the National Audit Office shall first have been agreed between
that Office and the government department or departments concerned;
(b) to meet concurrently with any committee or sub-committee of
either House of Parliament for the purpose of deliberating or
taking evidence;
(ba) to agree with any other select committee or subcommittee
of this House on the exercise of any power which each of those
committees, or sub-committees may separately have to appoint specialist
advisers, to authorise witnesses to publish written evidence submitted
by them, or to adjourn from place to place;
(c) to meet concurrently with any other select committee of this
House for the purpose of considering a draft report, and to
agree amendments to any such draft report; and
(d) to agree in the choice of a chair for any concurrent meetings.
(2) Where two or more select committees have agreed reports to
the House in identical terms, those reports may be published as
a joint report.
(3) 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).
Addition in para (1)(c) to allow committees meeting jointly to
agree amendments to a draft report (such a draft report would
still need to be agreed separately by each committee before it
could be published as a joint report under para (2)).
NO CHANGE TO:
| SO No. | Title |
| 138 | Members (attendance at Lords select committees)
|
Administration Committee
139.—(1) There shall be a select committee, to be called
the Administration Committee, to consider the services provided
for and by the House and to make recommendations thereon
on them to the House of Commons Commission or to the Speaker.
Any such recommendation whose implementation would incur additional
expenditure charged to the Estimate for House of Commons:
Administration the Estimates of the House of Commons
shall also be considered by the Finance and Services Committee.
(2) The committee shall make rules and give directions to Officers
officials of the House in respect only of such administrative
matters as may from time to time be determined by the Speaker
or by the House of Commons Commission.
(3) The committee shall consist of not more than sixteen Members,
of whom five shall be a quorum.
(4) The committee shall have power—
(a) to send for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to
place, and to report from time to time;
(b) to appoint specialist advisers either to supply information
which is not readily available or to elucidate matters of complexity
within the committee's order of reference; and
(c) to communicate its evidence to the House of Commons Commission.
(5) The committee shall have power to appoint subcommittees and
to refer to such sub-committees any of the matters referred to
the committee and to delegate to such subcommittees any of the
powers delegated to the committee under paragraph (2) above.
(6) Any such sub-committee shall have power to send for persons,
papers and records, to sit notwithstanding any adjournment
of the House, to adjourn from place to place and to report
from time to time its formal minutes, and shall have a quorum
of three.
(7) The committee and any sub-committee appointed by it shall
have the assistance of the Officers relevant
officials of the House appropriate to the matters
under consideration.
(8) Unless the House otherwise orders, each Member nominated
to the committee shall continue to be a member of it for the remainder
of the Parliament.
Change to paragraph (1) to reflect the practice of the Administration
Committee in looking at matters relating to the Estimate for House
of Commons: Members as well as that for House of Commons: Administration.
Drafting changes in paras (1), (2) and (7).
Deletion from paras (4) and (6) because of change of SO No. 123.
Deletion of para (8) because of addition to SO No. 121.
Joint Committee on Consolidation, &c., Bills
140.—(1) There shall be a select committee, to consist of
twelve Members, to join with the committee appointed by the Lords
as the Joint Committee on Consolidation, &c., Bills to consider—
(a) consolidation bills, whether public or private;
(b) Statute Law Revision Bills;
(c) bills prepared pursuant to under the
Consolidation of Enactments (Procedure) Act 1949, together with
any memoranda laid pursuant to under that
Act and any representations made with respect thereto;
(d) bills to consolidate any enactments with amendments to give
effect to recommendations made by one or both of the Law Commissions,
together with any report containing such recommendations;
(e) bills prepared by one or both of the Law Commissions to promote
the reform of the statute law by the repeal, in accordance with
Law Commission recommendations, of certain enactments which (except
in so far as their effect is preserved) are no longer of practical
utility, whether or not they make other provision in connection
with the repeal of those enactments, together with any Law Commission
report on any such bill; and
(f) any Order in Council laid or laid in draft before
the House where an affirmative resolution is required before it
is made, or is a condition of its continuance in operation, and
which but for the provisions of the Northern Ireland Act 1974
would, in the opinion of the committee, have been enacted by a
consolidation bill, whether public or private, or by a Statute
Law Revision Bill.
(2) The committee shall have power to send for persons, papers
and records; and to sit notwithstanding any adjournment
of the House.
(3) Two shall be the quorum of the committee.
(4) Unless the House otherwise orders, each Member nominated
to the committee shall continue to be a member of it for the remainder
of the Parliament.
Drafting amendments in para (1)(c).
Deletion of obsolete para (1)(f).
Deletion from para (2) because of change of SO No. 123.
Deletion of para (4) because of addition to SO No. 121.
NO CHANGE TO:
| SO No. | Title |
| 141 | Regulatory Reform Committee
|
| 142 | Localism Act 2011, etc.: scrutiny of certain orders and draft orders
|
except for deletion of language in para (10) of SO No. 141 on
Members remaining for length of Parliament, because of addition
to SO No. 121, and from para (11)(a) of SO No. 141 on power to
sit notwithstanding adjournment of the House, because of change
to SO No. 123.
European Scrutiny Committee
143.—(1) There shall be a select committee, to be called
the European Scrutiny Committee, to examine European Union documents
and—
(a) to report its opinion on the legal and political importance
of each such document and, where it considers appropriate, to
report also on the reasons for its opinion and on any matters
of principle, policy or law which may be affected;
(b) to make recommendations for the further consideration of any
such document pursuant to under Standing
Order No. 119 (European Committees); and
(c) to consider any issue arising upon any such document or group
of documents, or related matters.
The expression 'European Union document' in this order and in
Standing Order No. 16 (Proceedings under an Act or on European
Union documents), No. 89 (Procedure in general committees) and
No. 119 (European Committees) means—
(i) any proposal under the Community Treaties for legislation
by the Council or the Council acting jointly with the European
Parliament;
(ii) any document which is published for submission to the European
Council, the Council or the European Central Bank;
(iii) any proposal for a common strategy, a joint action or a
common position under Title V of the Treaty on European Union
which is prepared for submission to the Council or to the European
Council;
(iv) any proposal for a common position, framework decision, decision
or a convention under Title VI of the Treaty on European Union
which is prepared for submission to the Council;
(v) any document (not falling within (ii), (iii) or (iv) above)
which is published by one Union institution for or with a view
to submission to another Union institution and which does not
relate exclusively to consideration of any proposal for legislation;
(vi) any other document relating to European Union matters deposited
in the House by a Minister of the Crown.
(2) The committee shall consist of sixteen Members.
(3) The committee and any sub-committee appointed by it shall
have the assistance of the Counsel to the Speaker.
(4) The committee shall have power to appoint specialist advisers
either to supply information which is not readily available or
to elucidate matters of complexity within the committee's order
of reference.
(5) The committee shall have power to send for persons, papers
and records, to sit notwithstanding any adjournment of
the House, to adjourn from place to place, and to report
from time to time.
(6) The quorum of the committee shall be five.
(7) The committee shall have power to appoint subcommittees and
to refer to such sub-committees any of the matters referred to
the committee.
(8) Every such sub-committee shall have power to send for persons,
papers and records, to sit notwithstanding any adjournment
of the House, to adjourn from place to place, and to
report to the committee from time to time.
(9) The committee shall have power to report from time to time
the evidence taken before such sub-committees.
(10) The quorum of every such sub-committee shall be two.
(11) The committee shall have power to seek from any committee
specified in paragraph (12) of this order its opinion on any European
Union document, and to require a reply to such a request within
such time as it may specify.
(12) The committees specified for the purposes of this order are
those appointed under Standing Order No. 152 (Select committees
related to government departments) including any sub-committees
of such committees, the Select Committee on Public Administration,
the Committee of Public Accounts, and the Environmental Audit
Committee.
(13) Unless the House otherwise orders, each Member nominated
to the committee shall continue to be a member of it for the remainder
of the Parliament.
Drafting amendment in para (1)(b).
Deletion from paras (5) and (8) because of change of SO No. 123.
Deletion of para (13) because of addition to SO No. 121.
Finance and Services Committee
144.—(1) There shall be a select committee, to be called
the Finance and Services Committee, to consider expenditure on
and the administration of services provided from the Estimates
for the House of Commons and—
(a) with the assistance of the Management Board, to prepare the
Estimates for House of Commons: Administration for submission
to the House of Commons Commission;
(b) with the assistance of the Accounting Officer, to prepare
the Estimates for House of Commons: Members for submission to
the Members Estimate Committee;
(c) to monitor the financial performance of the House Administration;
and
(d) to report to the House of Commons Commission and the Members
Estimate Committee or the Speaker on the financial and administrative
implications of recommendations made to them by other Committees
of the House.
(2) The committee shall consist of not more than eleven Members.
(3) The committee shall be assisted by the Accounting Officer
and by other Officers officials of the
House appropriate to the matters under consideration.
(4) The committee shall have power—
(a) to send for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to
place, and to report from time to time; and
(b) to communicate its evidence to the House of Commons Commission
or the Members Estimate Committee as appropriate.
(5) Unless the House otherwise orders, all Members nominated
to the committee shall continue to be members of the committee
for the remainder of the Parliament.
Change of name to reflect remit of committee more accurately
Drafting amendment in para (3).
Deletion from para (4) because of change of SO No. 123.
Deletion of para (5) because of addition to SO No. 121.
Liaison Committee
145.—(1) A select committee shall be appointed, to be called
the Liaison Committee—
(a) to consider general matters relating to the work of select
committees,
(b) to give such advice relating to the work of select committees
as may be sought by the House of Commons Commission, and
(c) to report to the House its choice of select committee
reports to be debated determine business to be taken
on such days as may be appointed by the Speaker
in pursuance of on Thursday sittings in Westminster
Hall under paragraph (15 7) of Standing
Order No. 10 (Sittings in Westminster Hall).
(2) The committee may also hear evidence from the Prime Minister
on matters of public policy.
(3) The committee shall report its recommendations as to the allocation
of time for and subjects of consideration by the House
of the estimates on any day or half day which may be allotted
for that purpose; and upon a motion being made that the House
do agree agrees with any such report the
question shall be put forthwith and, if that question is agreed
to, the recommendations shall have effect as if they were orders
of the House:
Proceedings in pursuance of under this
paragraph, though opposed, may be decided after the expiration
of the time for opposed business moment of interruption.
(4) The committee shall have power to send for persons, papers
and records, to sit notwithstanding any adjournment of
the House, and to report from time to time.
(5) Unless the House otherwise orders, each Member nominated
to the committee shall continue to be a member of it for the remainder
of the Parliament.
(6) The committee shall have power to appoint two subcommittees,
one of which shall be a National Policy Statements sub-committee.
(7) A National Policy Statements sub-committee—
(a) shall be composed of—
(i) those members of the committee who are members of the Communities
and Local Government, Energy and Climate Change, Environment,
Food and Rural Affairs, Transport and Welsh Affairs Committees;
and
(ii) up to two other members of the committee, one of whom shall
be appointed chair of the subcommittee;
(b) shall report to the committee on the use of the committee's
powers under paragraph (1) of Standing Order No. 152H (Planning:
national policy statements); and
(c) may report to the committee on matters relating to national
policy statements under the Planning Act 2008.
(8) Each sub-committee shall have—
(a) a quorum of three; and
(b) power to send for persons, papers and records, to
sit notwithstanding any adjournment of the House, and
to report to the committee from time to time.
(9) The committee shall have power to report from time to time
the minutes of evidence taken before any sub-committee.
(10) The quorum of the committee shall be as provided in Standing
Order No. 124 (Quorum of select committees), save that for consideration
of a report from a National Policy Statements sub-committee under
sub-paragraph (7)(b) the quorum shall be three.
Amendment in para (1)(c) consequent on agreement to revised Standing
Order No. 10 proposed in Committee's report on Business in Westminster
Hall.
Drafting amendments in paras (1)(c) and (3).
Addition in para (3) to reflect existing practice.
Deletion from paras (4) and (8)(b) because of change of SO No.
123.
Deletion of para (5) because of addition to SO No. 121.
NO CHANGE TO:
| SO No. | Title |
| 146 | Select Committee on Public Administration
|
| 147 | Procedure Committee
|
| 148 | Committee of Public Accounts
|
| 148A | Committee of Privileges
|
| 149 | Committee on Standards
|
except for deletion of para on Members remaining for length of
Parliament, because of addition to SO No. 121, and of provisions
to sit during adjournment of the House, because of change to SO
No. 123.
Lay members of the Committee on Standards: appointment, etc..
149A.—(1) Lay members shall be appointed to the Committee
on Standards by a resolution of the House on a motion made under
the provisions of this order and shall remain as lay members in
accordance with the provisions of this order.
(2) No person may be first appointed as a lay member if that person
is or has been a Member of this House or a Member of the House
of Lords; and any person so appointed shall cease to be a lay
member upon becoming a Member of this House or of the House of
Lords.
(3) No person may be appointed as a lay member unless that person
has been selected on the basis of a fair and open competition.
(4) A person appointed as a lay member may resign as a lay member
by giving notice to the House of Commons Commission.
(5) A person appointed as a lay member shall be dismissed from
that position only following a resolution of the House, after
the House of Commons Commission has reported that it is satisfied
that the person should cease to be a lay member; and any such
report shall include a statement of the Commission's reasons for
its conclusion.
(6) Subject to the provisions of paragraphs (2), (4) and (5) of
this order, a person appointed as a lay member shall continue
as a lay member for the remainder of the Parliament in which that
person was first appointed.
(7) A person first appointed as a lay member who has been a lay
member for the remainder of one Parliament may be reappointed
by a resolution of the House in the subsequent Parliament, and
the provisions of paragraph (3) of this order shall not apply
to any such re-appointment. The period of reappointment shall
be specified in the resolution of the House for re-appointment
and shall not exceed two years from the dissolution of the Parliament
in which the person was first appointed as a lay member, and a
resolution under this paragraph shall cease to have effect on
the dissolution of the Parliament in which the resolution of the
House for reappointment was made.
(8) No person may be re-appointed as a lay member other than in
accordance with the provisions of paragraph (7) of this order.
(9) No motion may be made under the provisions of this order unless—
(a) notice of the motion has been given at least two sitting days
previously, and
(b) the motion is made on behalf of the House of Commons Commission
by a Member of the Commission.
(10) The Speaker shall put the questions necessary to dispose
of proceedings on motions made under the provisions of this order
not later than one hour after the commencement
start of those proceedings.
(11) Business to which this order applies may be proceeded with
at any hour, though opposed, after the moment
of interruption.
Drafting amendment in paras (10) and 11.
Parliamentary Commissioner for Standards
150.—(1) There shall be an Officer of this House, called
the Parliamentary Commissioner for Standards, who shall be appointed
by the House.
(2) The principal duties of the Commissioner shall be—
(a) to maintain the Register of Members' Financial Interests and
any other registers of interest established by the House, and
to make such arrangements for the compilation, maintenance and
accessibility of those registers as are approved by the Committee
on Standards or an appropriate sub-committee thereof;
(b) to provide advice confidentially to Members and other persons
or bodies subject to registration on matters relating to the registration
of individual interests;
(c) to advise the Committee on Standards, its sub-committees and
individual Members on the interpretation of any code of conduct
to which the House has agreed and on questions of propriety;
(d) to monitor the operation of such code and registers, and to
make recommendations thereon on them to
the Committee on Standards or an appropriate sub-committee thereof;
and
(e) to investigate, if he she thinks fit,
specific matters which have come to his her
attention relating to the conduct of Members and to report to
the Committee on Standards or to an appropriate sub-committee
thereof, unless the provisions of paragraph (4) apply.
(3) In determining whether to investigate a specific matter relating
to the conduct of a Member the Commissioner shall have regard
to whether in his her view there is sufficient
evidence that the Code of Conduct or the rules relating to registration
or declaration of interests may have been breached to justify
taking the matter further.
(4) No report shall be made by the Commissioner—
(a) in any case where the Member concerned has agreed that he
or she has failed to register or declare an interest, if
it is the Commissioner's opinion that the interest involved is
minor, or the failure was inadvertent, and the Member concerned
has taken such action by way of rectification as the Commissioner
may have required within any procedure approved by the Committee
for this purpose; and
(b) in any case involving parliamentary allowances, or the use
of facilities or services, if the Commissioner has with the agreement
of the Member concerned referred the matter to the relevant Officer
official of the House for the purpose of securing appropriate
financial reimbursement, and the Member has made such reimbursement
within such period of time as the Commissioner considers reasonable.
(5) The Commissioner may at any time in the course of investigating
a complaint, and if so requested by the Committee on Standards
shall, appoint an Investigatory Panel to assist him
her in establishing the facts relevant to the investigation.
(6) An Investigatory Panel shall—
(a) consist of the Commissioner, who shall be Chair of the Panel,
and two assessors, one of whom shall be a legally qualified person
appointed by the Commissioner and the other shall be a Member,
who shall not be a member of the Committee on Standards, appointed
by the Speaker; and
(b) meet in private.
(7) The Commissioner—
(a) shall determine the procedures of the Panel, subject to the
provisions of this order; and
(b) may appoint counsel for the purpose of assisting the Panel.
(8) Any report that the Commissioner may have made to the Committee
on Standards in relation to the complaint before the appointment
of the Panel shall be made available to the Panel by the Committee.
(9) Any Member who is the subject of the complaint under investigation
shall, if he or she so requests, be heard by the Panel;
may call witnesses; and may examine other witnesses.
(10) When the Panel has completed its proceedings—
(a) the Commissioner shall report as in paragraph (2)(e);
(b) the legal assessor shall report to the Committee on Standards
his or her opinion as to the extent to which its proceedings
have been consistent with the principles of natural justice; and
(c) the Member assessor may report to the Committee on Standards
his or her opinion as to the extent to which its proceedings
have had regard to the customs and practice of the House and its
Members.
(11) The Commissioner shall report each year to the House on the
exercise by him of his her of her functions.
(12) The Commissioner shall have leave to publish from time to
time—
(a) information and papers relating to—
(i) matters resolved in accordance with paragraph (4) of this
order; and
(ii) complaints not upheld;
And
(b) information about complaints received and matters under investigation.
(13) The Commissioner may be dismissed only following a resolution
of the House, moved for by a Member of the House of Commons Commission,
after the Committee on Standards has reported to the House that
it is satisfied that the Commissioner is unfit to hold his
her office or unable to carry out his
her functions; and any such report shall include a statement
of the Committee's reasons for its conclusion.
Paras (2)(e), (3), (5), (11) and (13), amend to 'she' and 'her'
to reflect gender of office-holder.
Additions for neutral gender in paras (4(a), (9) and (10)(a) and
(b).
Drafting amendment in para (4)(b).
Statutory Instruments (Joint Committee).
151.—(1) A select committee shall be appointed to join with
a committee appointed by the Lords to consider—
(A) every instrument which is laid before each House of Parliament
and upon which proceedings may be or might have been taken in
either House of Parliament, n pursuance of under
an Act of Parliament, being—
(a) a statutory instrument, or a draft statutory instrument;
(b) a scheme, or an amendment of a scheme, or a draft thereof,
requiring approval by statutory instrument;
(c) any other instrument (whether or not in draft), where the
proceedings in pursuance of under an Act
of Parliament are proceedings by way of an affirmative resolution;
or
(d) an order subject to special parliamentary procedure;
but excluding any remedial order or draft remedial order under
Schedule 2 to the Human Rights Act 1998, any draft order proposed
to be made under Part 1 of the Legislative and Regulatory Reform
Act 2006, any draft order laid before the House under or by virtue
of section 7 or 19 of the Localism Act 2011 or section 5E of the
Fire and Rescue Services Act 2004 and any subordinate provisions
order made or proposed to be made under the Regulatory Reform
Act 2001;
(B) every general statutory instrument not within the foregoing
classes, and not within paragraph (10) of this order, but not
including any Scottish statutory instrument or any statutory instrument
made by the Welsh Ministers unless it is required to be laid before
Parliament or either House of Parliament and not including measures
under the Church of England Assembly (Powers) Act 1919 and instruments
made under such measures:
with a view to determining whether the special attention of the
House should be drawn to it on any of the following grounds—
(i) that it imposes a charge on the public revenues or contains
provisions requiring payments to be made to the Exchequer or any
government department or to any local or public authority in consideration
of any licence or consent or of any services to be rendered, or
prescribes the amount of any such charge or payment;
(ii) that it is made n pursuance of under
any enactment containing specific provisions excluding it from
challenge in the courts, either at all times or after the
expiration of a specific period;
(iii) that it purports to have retrospective effect where the
parent statute confers no express authority so to provide;
(iv) that there appears to have been unjustifiable delay in the
publication or in the laying of it before Parliament;
(v) that there appears to have been unjustifiable delay in sending
a notification under the proviso to section 4(1) of the Statutory
Instruments Act 1946, where an instrument has come into operation
before it has been laid before Parliament;
(vi) that there appears to be a doubt whether it is intra vires
or that it appears to make some unusual or unexpected use of the
powers conferred by the statute under which it is made;
(vii) that for any special reason its form or purport calls for
elucidation;
(viii) that its drafting appears to be defective;
or on any other ground which does not impinge on its merits or
on the policy behind it; and to report its decision with the reasons
thereof in any particular case.
(2) The quorum of the committee shall be two.
(3) The committee shall have power to appoint one or more sub-committees
severally to join with any sub-committee or sub-committees appointed
by the committee appointed by the Lords; and to refer to such
sub-committee or sub-committees any of the matters referred to
the committee.
(4) The committee and any sub-committee appointed by it shall
have the assistance of the Counsel to the Speaker and, if their
Lordships think fit, of the Counsel to the Lord Chairman of Committees.
(5) The committee shall have power to sit notwithstanding
any adjournment of the House and to report from time
to time, and any sub-committee appointed by it shall have
power to sit notwithstanding any adjournment of the House.
(6) The committee and any sub-committee appointed by it shall
have power to require any government department concerned to submit
a memorandum explaining any instrument which may be under its
consideration or to depute a representative to appear before it
as a witness for the purpose of explaining any such instrument.
(7) The committee and any sub-committee appointed by it shall
have power to take evidence, written or oral, from Her
Majesty's Stationery Office, relating to the printing
and publication of any instrument.
(8) The committee shall have power to report to the House from
time to time any memorandum submitted to it or other evidence
taken before it or any sub-committee appointed by it from any
government department in explanation of any instruments.
(9) It shall be an instruction to the committee that before reporting
that the special attention of the House be drawn to any instrument
the committee do afford to any government department concerned
therewith an opportunity of furnishing orally or in writing to
it or to any sub-committee appointed by it such explanations as
the department think fit.
(10) It shall be an instruction to the committee that it shall
consider any instrument which is directed by Act of Parliament
to be laid before and to be subject to proceedings in this House
only, being—
(a) a statutory instrument, or a draft of a statutory instrument;
(b) a scheme, or an amendment to a scheme, or a draft thereof,
requiring approval by statutory instrument; or
(c) any other instrument (whether or not in draft), where the
proceedings in pursuance of an Act of Parliament are proceedings
by way of an affirmative resolution; and that it have power to
draw such instruments to the special attention of the House on
any of the grounds on which the Joint Committee is empowered so
to draw the special attention of the House;
and that in considering any such instrument the committee do not
join with the committee appointed by the Lords.
(11) Unless the House otherwise orders, each Member nominated
to the committee shall continue to be a member of it for the remainder
of the Parliament.
Drafting amendments in paras (1)(A), (1)(A)(c) and (1)(B)(ii).
Deletions from para (5) because of change of SO No. 123.
Deletion in para (7) to reflect current practice.
Deletion of para (11) because of addition to SO No. 121.
Select committees related to government departments
152.—(1) Select committees shall be appointed to examine
the expenditure, administration and policy of the principal government
departments as set out in paragraph (2) of this order and associated
public bodies.
(2) The committees appointed under paragraph (1) of this order,
the principal departments of government with which they are concerned
and the maximum numbers of each committee shall be as follows:
| Name of Committee | Principal government departments concerned
| Maximum
members
|
| | |
| 1 Business, Innovation and Skills |
Department for Business, Innovation and Skills
| 11 |
| 2 Communities and Local Government |
Department for Communities and Local Government
| 11 |
| 3 Culture, Media and Sport | Department for Culture, Media and Sport
| 11 |
| 4 Defence | Ministry of Defence
| 12 |
| 5 Education | Department for Education
| 11 |
| 6 Energy and Climate Change | Department of Energy and Climate Change
| 11 |
| 7 Environment, Food and Rural Affairs
| Department for Environment, Food and Rural Affairs
| 11 |
| 8 Foreign Affairs | Foreign and Commonwealth Office
| 11 |
| 9 Health | Department of Health
| 11 |
| 10 Home Affairs | Home Office
| 11 |
| 11 International Development | Department for International Development
| 11 |
| 12 Justice | Ministry of Justice (including the work of staff provided for the administrative work of courts and tribunals, but excluding consideration of individual cases and judicial appointments, and excluding the work of the Scotland and Wales Offices and of the Advocate General for Scotland); and administration and expenditure of the Attorney General's Office, the Treasury Solicitor's Department Government Legal Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and judicial appointments and advice given within government by Law Officers)
| 12 |
| 13 Northern Ireland Affairs | Northern Ireland Office, including relations with the Northern Ireland Assembly; administration and expenditure of the Crown Solicitor's Office (but excluding individual cases and advice given by the Crown Solicitor); and other matters within the responsibilities of the Secretary of State for Northern Ireland (but excluding the expenditure, administration and policy of the Office of the Director of Public Prosecutions, Northern Ireland and the drafting of legislation by the Office of the Legislative Counsel)
| 14 |
| 14 Science and Technology | Government Office for Science
| 11 |
| 15 Scottish Affairs | Scotland Office (including (i) relations with the Scottish Parliament and (ii) administration and expenditure of the offices of the Advocate General for Scotland (but excluding individual cases and advice given within government by the Advocate General))
| 11 |
| 16 Transport | Department for Transport
| 11 |
| 17 Treasury | Treasury, HM Revenue & Customs
| 13 |
| 18 Welsh Affairs | Wales Office (including relations with the National Assembly for Wales)
| 12 |
| 19 Work and Pensions | Department for Work and Pensions.
| 11 |
(3) Each select committee appointed under this order shall have
the power to appoint a sub-committee.
(4) Select committees appointed under this order shall have power—
(a) to send for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to
place, and to report from time to time;
(b) to appoint specialist advisers either to supply information
which is not readily available or to elucidate matters of complexity
within the committee's order of reference; and
(c) to report from time to time the evidence taken before sub-committees,
and the formal minutes of sub-committees; and the sub-committees
appointed under this order shall 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 their formal minutes, and shall have a quorum
of three.
(5) Unless the House otherwise orders, all Members nominated
to a committee appointed under this order shall continue to be
members of that committee for the remainder of the Parliament.
(6) If a motion in the name of a Minister of the Crown makes
changes to paragraph (2) of this Order which are consequential
on changes to the machinery of government, then the questions
necessary to dispose of proceedings on the motion shall be put
not later than one and a half hours after their commencement;
proceedings may continue, though opposed, after the moment of
interruption; and Standing Order No. 41A (Deferred divisions)
shall not apply.
Addition to Justice Committee to make clear that scrutiny of non-judicial
appointments is within its remit, and change to Justice Committee
to reflect renaming of Treasury Solicitor's Department.
Amendment to Northern Ireland Committee terms of reference to
bring into line with other devolved committees and to delete responsibilities
that no longer fall to NIO.
Addition of provision (taken from SO No. 122B(4)) to simplify
procedure on changes following machinery of government changes.
Deletions from para (4) because of change of SO No. 123.
Deletion of para (5) because of addition to SO No. 121.
NO CHANGE TO:
| SO No. | Title |
| 152A | Environmental Audit Committee
|
| 152B | Human rights (Joint Committee)
|
| 152C | Tax law rewrite (Joint Committee)
|
except for deletion of para on Members remaining for length of
Parliament, because of addition to SO No. 121, and of provisions
to sit during adjournment of the House, because of change to SO
No. 123..
House of Commons Members Estimate Committee.
152D.—(1) There shall be a committee of this House, called
the House of Commons Members Estimate Committee.
(2) The members of the committee shall be those Members who are
at any time members of the House of Commons Commission pursuant
to under section 1 of the House of Commons (Administration)
Act 1978; the Speaker shall be chair of the committee; and three
shall be the quorum of the committee.
(3) The functions of the committee shall be—
(a) to agree the Estimates for House of Commons: Members;
(b) to codify and keep under review the provisions of the resolutions
of this House relating to expenditure charged to the Estimate
for House of Commons: Members;
(c) to modify those provisions from time to time as the committee
may think necessary or desirable in the interests of clarity,
consistency, accountability and effective administration, and
conformity with current circumstances;
(d) to provide advice, when requested by the Speaker, on the application
of those provisions in individual cases;
(e) to carry out the responsibilities conferred on the Speaker
by the resolution of the House of 5 July 2001 relating to Members'
Allowances, Insurance, &c.
(4) Paragraph (3)(c) above does not empower the committee—
(a) to create a new form of charge on the Estimate for House of
Commons: Members; or
(b) to increase any rate of charge or payment determined by resolution
of this House.
(5) The committee shall report to the House from time to time,
and in any case not less than once a year, the provisions of the
resolutions of this House relating to expenditure charged to the
Estimate for House of Commons: Members, as codified and modified
pursuant to under paragraph (3) of this
order.
(6) The committee shall have power to sit notwithstanding
any adjournment of the House.
Drafting amendments in paras (2) and (5).
Deletion of para (6) because of change to SO No. 123.
Members of the Intelligence and Security Committee
152E.—(1) The Committee of Selection may propose
that certain Members be recommended to the Prime Minister for
appointment to the Intelligence and Security Committee under section
10 of the Intelligence Services Act 1994.
(2) No Motion may be made for the House to agree to a
proposal under this order unless—
(a) notice of it has been given at least two sitting days
previously; and
(b) it is made on behalf of the Committee of Selection
by the chair or another member of the committee.
(3) Paragraph (1)(c) of Standing Order No. 15 (Exempted
business) shall apply to any motion made under this Order.
Delete because procedure for nomination of members of the Committee
was changed by the Justice and Security Act 2013; the current
Standing Order was therefore not used in the last nomination.
Standing Order No. 152F expired in April 2010
NO CHANGE TO:
| SO No. | Title |
| 152G | Committee on Members' expenses
|
except for deletion of para (3) on Members remaining for length
of Parliament, because of addition to SO No. 121, and of provisions
to sit during adjournment of the House, because of change to SO
No. 123.
Planning: national policy statements
152H.—(1) Whenever a proposal for a national policy statement
is laid before this House under section 9(2) of the Planning Act
2008 ('the Act'), the Liaison Committee shall report either—
(a) that it has designated a select committee appointed under
Standing Order No. 152, or
(b) that it recommends the appointment of a National Policy Statement
Committee to consider the proposal.
(1A) The motion for the nomination of members of a National
Policy Statement Committee shall be made on behalf of the Liaison
Committee by the chair or another member of the committee.
(2) A National Policy Statement Committee—
(a) shall be composed of not fewer than seven nor more than fourteen
members, all of whom shall be, at the time of nomination, members
of one or more of the following select committees—
Communities and Local Government
Energy and Climate Change
Environment, Food and Rural Affairs
Transport
Welsh Affairs;
(b) shall have power—
(i) to send for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to
place within the UK; and
(ii) to appoint specialist advisers either to supply information
which is not readily available or to elucidate matters of complexity
within the committee's order of reference; and
(c) may report from time to time and shall cease to exist when
the relevant national policy statement is designated.
(3) A committee designated or appointed to consider a proposal
for a national policy statement shall have power, in the course
of its proceedings under this order, to invite Members of the
House who are not members of the committee to attend, and, at
the discretion of the chair, take part in, its proceedings, but
such Members may not move any motion or amendment to any motion
or draft report, nor vote nor be counted in the quorum of the
committee.
Addition of provision from simplified SO No. 121
Deletion from para (2)(b) because of change to SO No. 123.
NO CHANGE TO:
| SO No. | Title |
| 152I | National Security Strategy (Joint Committee)
|
except for deletion of para (4) on Members remaining for length
of Parliament, because of addition to SO No. 121, and of provisions
to sit during adjournment of the House, because of change to SO
No. 123.
Backbench Business Committee
152J.—(1) There shall be a select committee, called the
Backbench Business Committee, to determine the backbench business
to be taken in the House and in Westminster Hall on days, or parts
of days, allotted for backbench business.
(2) The committee shall consist of a chair and seven other Members,
of whom four shall be a quorum.
(2A) Paragraph (2A) of Standing Order No. 121 (Nomination of select
committees) shall not apply to the Backbench Business Committee.
(3) The chair of the committee shall continue as chair for the
remainder of the Session in which that person is elected as chair
unless the chair is declared vacant by the Speaker under the provisions
of Standing Order No. 122C (Resignation or removal of chairs of
select committees) as applied by paragraph (2) of Standing Order
No. 122D (Election of chair of Backbench Business Committee).
(4) The chair of the committee shall be elected in accordance
with the provisions of Standing Order No. 122D (Election of chair
of Backbench Business Committee).
(5) No Member who is a Minister of the Crown or parliamentary
private secretary or a principal opposition frontbench spokesperson
shall be eligible to be the chair or a member of the committee:
the Speaker's decision shall be final on such matters.
(5A) The committee shall have power to report from time to
time.
(6) The committee shall have power to invite Government officials
to attend all or part of any of its meetings and to hear
representations from Members in public.
(7) The Committee shall have power to invite Members of the House
who are not members of the Committee and who are of a party not
represented on the Committee or of no party to attend its meetings
and, at the discretion of the chair, take part in its proceedings,
but—
(a) no more than one Member may be so invited to attend in respect
of the same meeting;
(b) a Member so invited shall not move any motion or amendment
to any motion, vote or be counted in the quorum.
(8) The committee shall determine the backbench business to be
taken—
(a) in the House on any day, or any part of any day, allotted
under paragraph (4) of Standing Order No. 14 (Arrangement of public
business), and
(b) in Westminster Hall, in accordance with paragraph (7)
of Standing Order No. 10 (Sittings in Westminster Hall),
and shall report its determinations to the House.
Addition of new para (2A) to reflect change to SO No. 121: the
new paragraph ensures that the membership of the Backbench Business
Committee must be re-established each session, as at present.
Addition of reporting powers, to reflect current practice.
Change to para (8)(b) made by the House on 24 February 2015
consequent on agreement to establish a new Petitions Committee.
NO CHANGE TO:
| SO No. | Title |
| 152K | Public Bodies: draft orders
|
Presentation of petitions.
153. Every Each Member offering to present
a petition to the House, not being a petition for a private bill,
or relating to a private bill before the House, shall confine
him- or herself to a statement of the parties from whom
it comes, the number of signatures attached to it, and the material
allegations contained in it, and to reading the prayer of such
petition.
Drafting amendment and addition for neutral gender.
Time and manner of presenting petitions
154.—(1) Every petition presented under Standing Order No.
153 (Presentation of petitions) not containing matter in breach
of the privileges of this House, and which according to the rules
or usual practice of this House can be received, shall be presented
after a member of the government Minister
of the Crown shall have signified his or her intention
to move 'That this House do now adjourn', for the purpose of bringing
ending the sitting to a conclusion.
(2) Proceedings under paragraph (1) of this order shall not be
interrupted at the moment of interruption.
(3) The Speaker shall not allow any debate, or any Member to speak
upon, or in relation to, such petition; but it may be read by
the Clerk if required.
Drafting amendments and addition for neutral gender in para (1).
NO CHANGE TO:
| SO No. | Title |
| 155 | Petition as to present personal grievance
|
| 156 | Publishing of petitions and ministerial replies
|
Petitions against imposition of tax
157. Petitions against any resolution or bill imposing
a tax or duty for the current service of the year shall be henceforth
received, and the usage under which the House has refused to entertain
such petitions shall be discontinued.
Obsolete
Presentation of command papers
158. If, during the existence of a Parliament, papers
are commanded by Her Majesty to be presented to this House at
any time, the delivery of such papers to the Votes and Proceedings
Office shall be deemed to be for all purposes the presentation
of them to this House.
Presentation of statutory instruments.
159. Where, under any Act of Parliament, a statutory instrument
is required to be laid before Parliament, or before this House,
the delivery of a copy of such instrument to the Votes and Proceedings
Office on any day during the existence of a Parliament shall be
deemed to be for all purposes the laying of it before the House:
Provided that nothing in this order shall apply to any
statutory instrument being an order which is subject to special
parliamentary procedure or to any other instrument which is required
to be laid before Parliament, or before this House, for any period
before it comes into operation.
Presentation of command papers and statutory instruments
If a paper is commanded by Her Majesty to be presented to
this House or a statutory instrument is required under any Act
of Parliament to be laid before Parliament, or before this House,
the delivery of such paper or instrument to the Journal Office
on any day during the existence of a Parliament shall be deemed
to be for all purposes the presentation or laying of it before
the House:
Provided that nothing in this order shall apply to any statutory
instrument being an order which is subject to special parliamentary
procedure or to any other instrument which is required to be laid
before Parliament, or before this House, for any period before
it comes into operation.
Merger of two SOs for clarity.
Replacement of confusing 'Votes and Proceedings Office' by 'Journal
Office'. No changes to proviso.
NO CHANGE TO:
| SO No. | Title |
| 160 | Notification in respect of certain statutory instruments
|
Duties of Serjeant at Arms with respect to the public
161.—(1) The Serjeant at Arms attending this House shall
take into his custody any member of the public whom he may see,
or who may be reported to him to be, in any part of the House
or gallery appropriated to the Members of this House, and also
any member of the public who, having been admitted into any other
part of the House or gallery, shall misconduct him- or herself,
or shall not withdraw when the public are directed to withdraw,
while the House, or any committee of the whole House, is sitting.
(2) The power conferred upon the Serjeant at Arms by paragraph
(1) of this order may, if the chair so directs, be exercised in
respect of members of the public present at sittings of committees
or sittings in Westminster Hall.
Addition for neutral gender in para (1).
Addition to make explicit that SO also applies to Westminster
Hall.
NO CHANGE TO:
| SO No. | Title |
| 162 | Places to which the public are not admitted
|
Motions to sit in private
163.—(1) If at any sitting of the House, or in a committee
of the whole House, any Member moves 'That the House sit in private'
the Speaker or the chair shall forthwith put the question 'That
the House sit in private', and such question, though opposed,
may be decided after the expiration of the time for opposed
business moment of interruption, but such a Motion
may be made no more than once in any sitting:
Provided that the Speaker or the chairman may,
whenever he or she thinks fit, order the withdrawal of
those other than Members or Officers officials
from any part of the House.
(2) An order under paragraph (1) of this order shall not apply
to members of the House of Lords.
Addition for neutral gender and drafting amendments in para (1).
| 
