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Standing Orders of the House of Commons - Public Business 2016   Contents

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STANDING ORDERS
2016
 
The Speaker
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 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.
Re-election of former Speaker
1A.—
(1)If at the commencement 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 himself to the House, shall call upon a Member to move that he do take the Chair of this House as Speaker; and the question thereon shall be put forthwith.
(2)If the question is agreed to, the former Speaker shall thereupon take the chair as Speakerelect.
(3)If the question is negatived, the Member presiding shall forthwith adjourn the House to the following day at halfpast two o’clock, and the House shall proceed in accordance with Standing Order No. 1B (Election of Speaker by secret ballot).
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 halfpast nine o’clock and halfpast ten o’clock in the morning 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 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. No Member shall sign more than one such statement and if any Member does so, his 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 himself 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 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 halfpast two o’clock.
(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 take the chair as Speakerelect.
(d)If that question is negatived, the Member presiding shall forthwith adjourn the House to the following day at halfpast two o’clock, and the provisions of paragraph (3) above shall apply in respect of a fresh ballot.
Deputy Speaker and Chairmen
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.
Election of the Deputy Speakers
2A.—
(1)At the commencement 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.
(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 day 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 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 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 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 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 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.
Deputy Speaker
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 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 Chairman also, the Second Deputy Chairman shall perform those duties and exercise that authority.
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.
Members (Introduction and Seating)
Affirmation in lieu of oath
5.—
Every person returned as a Member of this House may make and subscribe a solemn affirmation in the form prescribed by statute instead of taking an oath.
Time for taking the oath
6.—
Members may take and subscribe the oath required by law at any time during the sitting of the House, before the orders of the day and notices of motions have been entered upon, or after they have been disposed of; but no debate or business shall be interrupted for that purpose.
Seats not to be taken before prayers
7.—
No Member’s name shall be affixed to any seat in the House before the hour of prayers; and the Speaker shall give directions to the doorkeepers accordingly.
Seats secured at prayers
8.—
Any Member having secured a seat at prayers shall be entitled to retain the same until the rising of the House.
Sittings of the House
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 halfpast two o’clock, on Tuesdays and Wednesdays at halfpast eleven o’clock and on Thursdays at halfpast nine o’clock and will first proceed with 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 on any day before the orders of the day or notices of motions shall have been entered upon.
(3)At ten o’clock on Mondays, at seven o’clock on Tuesdays and Wednesdays and at five o’clock 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, if the House be in committee, the occupant of the chair shall leave the chair, and report progress and ask leave to sit again; and if a motion has been made for the adjournment of the House (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 of the debate, or that the House has considered a specified matter, or in committee that the occupant of the chair do report progress, or do leave the chair, every such motion shall lapse.
(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)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).
(7)The House shall not be adjourned except in pursuance of a resolution or by the Speaker in pursuance of 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 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.
Sittings in Westminster Hall
10.—
(1)On days on which the House sits there shall also be a sitting in Westminster Hall—
(a)on Mondays beginning at 4.30pm and continuing for up to three hours, if the Petitions Committee has reported its determination that a sitting in Westminster Hall to consider one or more petitions or e-petitions should take place on that day;
(b)on Tuesdays and Wednesdays beginning at 9.30 am, which shall be suspended from 11.30 am till 2.30 pm and may then continue for up to a further three hours; and
(c)on Thursdays beginning at 1.30 pm and continuing for up to three hours.
(2)The exceptions are as follows:
(a)that there will be no sittings in Westminster Hall until the House has concluded its debate on the Queen’s Speech at the commencement of each Session; and
(b)that if the sitting occurs on a Tuesday or Wednesday which is the first day on which the House sits immediately following a periodic adjournment of the House of more than two days, the sitting shall be between 9.30 am and 2.30 pm.
(3)When a sitting (including the time when a sitting is due to commence or resume), or any part of a sitting, in Westminster Hall coincides with a sitting of the House, the Chair shall suspend the sitting to allow Members to participate in any division called in the House or a committee of the whole House, and the time taken for any such suspensions shall be added to the duration of the sitting in Westminster Hall specified in paragraph (1) of this order and to any time specified by the Chairman of Ways and Means under paragraph (6) of this order.
(4)Any Member of the House may take part in a sitting in Westminster Hall.
(5)The quorum at a sitting in Westminster Hall shall be three.
(6)The business taken at any sitting in Westminster Hall shall be such as the Chairman of Ways and Means shall appoint, and may include oral questions. The Chairman of Ways and Means may specify the finishing time of any business taken at a sitting in Westminster Hall; and the motion under consideration shall lapse at that time if not previously disposed of.
(7)Notwithstanding paragraph (6), the business taken at any Thursday sitting in Westminster Hall shall be such as the Backbench Business Committee or the Liaison Committee shall determine; and so far as possible the time available at such sittings during a Session shall be divided as nearly as practical equally between those committees, subject to the agreement of the Chairs of those committees.
(8)If a motion is made by a Minister of the Crown that an order of the day be proceeded with at a sitting in Westminster Hall, the question on it shall be put forthwith, but such motion may be made only with the leave of the House and may not be made on a Friday.
(9)If any business other than a motion for adjournment or a motion to which Standing Order No. 24B (Amendments to motions to consider specified matters) applies is under consideration at a sitting in Westminster Hall, and not fewer than six Members rise in their places and signify their objection to further proceedings, that business shall not be further proceeded with in Westminster Hall, and the Chair shall report to the House accordingly, and any order under paragraph (8)above relating thereto shall be discharged.
(10)The Chairman of Ways and Means or a Deputy Chairman may take the chair in Westminster Hall as Deputy Speaker; and any member of the Panel of Chairs may also take the chair at a sitting in Westminster Hall when so requested by the Chairman of Ways and Means.
(11)If any Member persistently defies the authority of the Chair at a sitting in Westminster Hall, the Chair of that sitting may order the Member to withdraw from that sitting; and if the Member does not do so, the Chair may suspend the sitting and report the conduct of the Member to the House.
(12)Any resolution come to at a sitting in Westminster Hall (other than a resolution to adjourn) shall be reported to the House by the Deputy Speaker and shall be a resolution of the House.
(13)If at a sitting in Westminster Hall the opinion of the Chair as to the decision of a question (other than a question for adjournment) is challenged, that question shall not be decided, and the Chair shall report to the House accordingly; and any such question shall be put forthwith upon a motion being made in the House.
(14)At the end of each sitting in Westminster Hall, unless a question for adjournment has previously been agreed to, the Chair shall adjourn the sitting without putting any question; and proceedings on any business which has been started but not disposed of shall lapse.
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, and will first proceed with 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 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 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, 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.
(6)The House, when it meets on Friday, shall, at its rising, stand adjourned until the following Monday without any question being put.
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 Consent Motions under Standing Order No. 83M (Consent Motions for certified England only or England and Wales only provisions) and of motions relating to proceedings on bills committed to a public bill committee, may be received by the Public Bill Office,
between eleven o’clock and three o’clock.
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.
Arrangement and Timing of Public and Private Business
Arrangement of public business
14.—
(1)Save as provided in this order, government business shall have precedence at every sitting.
(2)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;
(b)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
(c)on any such half day, proceedings under this paragraph 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 subparagraph (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).
(3)For the purposes of this order ‘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.
(4)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 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 shall apply to any of those days taken in the House in the form of half-days.
(5)For the purposes of paragraph (4) 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.
(6)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;
(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 of public business) and private Members’ bills under paragraphs (8) to (13) below;
(d)proceedings relating to private business;
(e)any motion to amend this order or Standing Order No. 152J (Backbench Business Committee);
(f)business set down at the direction of, or given precedence by, the Speaker.
(7)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).
(8)Private Members’ bills shall have precedence over government business on thirteen Fridays in each session to be appointed by the House.
(9)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, consideration of reports not already entered upon, adjourned proceedings on consideration, bills in progress in committee, bills appointed for committee, and second readings.
(10)The ballot for private Members’ bills shall be held on the second Thursday on which the House shall sit during 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 in writing to the Clerks at the Table, at the commencement of public business on the fifth Wednesday on which the House shall sit during the session.
(11)Until after the fifth Wednesday on which the House shall sit during the session, no private Member shall—
(b)give notice for presenting a bill under Standing Order No. 57 (Presentation and first reading); or
(c)inform the Clerks at the Table of his intention to take charge of a bill which has been brought from the Lords.
(12)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.
(13)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, and the House shall make no further order appointing a day for the second reading of the bill until it has been printed.
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 paragraph (2) of this order, 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:
(a)proceedings on a bill brought in upon a ways and means resolution;
(b)proceedings in pursuance of any standing order of this House which provides that proceedings, though opposed, may be decided after the expiration of the time for opposed business;
(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.
(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; or
(c)until either a specified hour or the end of a specified period after it has been entered upon, 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 motion and the question thereon 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 business specified in paragraph (1) of this order or if the question be resolved in the affirmative.
(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 motion at the conclusion 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 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 or resumed after that hour and the proceedings thereon if not previously concluded 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.
(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.
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 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.
Delegated legislation (negative procedure)
17.—
(1)No proceedings on a motion to which this order applies shall be entered upon at or after halfpast eleven o’clock on Monday, halfpast eight o’clock on Tuesday or Wednesday or halfpast 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 Majestypraying 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.
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 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 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; and the question on any motion thereafter 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.
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.
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 and not disposed of 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 bill:Provided that no such notice of motion shall stand on the order paper for more than seven days unless renewed.
(4)No opposed 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, 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 or as soon thereafter 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 and may be proceeded with subject to the provisions of Standing Order No. 9 (Sittings of the House).
Questions, Motions, Amendments and Statements
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 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.
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.
(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 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)Where a Member has indicated that a question is for written answer on a named day the Minister shall cause 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 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—
(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, 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 a memorandum superseding the provisions of paragraphs (4) and (5) of this order and specifying the arrangements for tabling questions during the adjournment.
Written statements
22A.—
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 of an intention to make a statement in written form on a specified day not later than five sitting days after the day on which notice was given: and such statements shall be printed in the Official Report.
Notices of questions etc. during September
22B.—
(1)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, may give notice on an appointed tabling day of his 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.
Motions and amendments with a financial consequence for the House of Commons: Administration Estimate
22C.—
(1)Motions which would have a direct consequence of additional expenditure under the House of Commons: Administration Estimate estimated to be £50,000 or more shall not be considered by the House unless a memorandum setting out their expected financial consequences has been made available to the House.
(2)The Accounting Officer shall make such a memorandum available to the House within a reasonable time of a motion to which this Order applies being tabled.
(3)
(a)This Order shall also apply to amendments to motions which would have the expenditure consequences set out in paragraph (1); but the absence of such a memorandum shall not prevent the House from considering such an amendment.
(b)In his decision as to the selection of such an amendment, the Speaker shall, in addition to such other considerations as may, in his view, be relevant, take into account whether sufficient time has been available for the House to be provided with adequate information regarding the financial consequences.
(4)The Speaker shall decide whether a motion or amendment falls within the terms of this Order.
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 sub-paragraph (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 (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 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.
Motions for Bills and Select Committees
Motions for leave to bring in bills and nomination of select committees at commencement 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 of public business. The Speaker, after permitting, if he thinks fit, a brief explanatory statement from the Member who makes and from a Member who opposes any such motion respectively, shall put either the question thereon, 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 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 Chancellor of the Exchequer has declared his intention of opening his Budget; but—
(i) notices proposed to be given for such day, and
(ii) 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.
General debates
Emergency debates
24.—
(1)On Monday, Tuesday, Wednesday and Thursday a Member rising in his place at the commencement 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. If the Speaker is satisfied that the matter is proper to 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 of the time allocated to them, pursuant to 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, halfpast ten o’clock on a Tuesday or Wednesday or nine o’clock on a Thursday, if the urgency of the matter is known at that hour. If the urgency is not so known he shall give notice as soon thereafter 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 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. 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 without giving the reasons for his decision to the House.
(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 conclusion 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).
Topical debates
24A.—
(1)The Backbench Business Committee may indicate that proceedings on a motion, That the House has considered a specified matter, being a matter of regional, national or international importance, are to be conducted as a topical debate.
(2)A topical debate shall last for not more than one and a half hours, at which time the motion, unless previously disposed of, shall lapse.
Amendments to motions to consider specified matters
24B.—
Where, in the opinion of the Speaker or the Chair, 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.
Motions for the Adjournment of the House
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 shall be put forthwith and may be decided at any hour, though opposed.
Orders of the Day
Orders of the day to be read without question put
26.—
Upon the Speaker’s direction, the Clerk shall read the orders of the day, without any question being put.
Order of disposing of orders of the day
27.—
The orders of the day shall be disposed of in the order in which they stand upon the paper, the right being reserved to Her Majesty’s Ministers of arranging government business, whether orders of the day or notices of motion, in such order as they think fit.
Rules of Debate
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.
Powers of chair to propose 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, a Member rising in his 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.
(2)This order shall apply in committee only when the Chairman of Ways and Means or either Deputy Chairman is in the chair.
Debate on motion for the adjournment of the House
30.—
Notwithstanding the practice of the House which prohibits in a debate on a motion for the adjournment of the House any reference to matters requiring legislative remedy, the Speaker may permit such incidental reference to legislative action as he may consider relevant to any matter of administration then under debate when enforcement of the prohibition would, in his opinion, unduly restrict the discussion of such matter.
Questions on amendments
31.—
When an amendment has been moved, the question to be proposed thereon 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),
(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, the question ‘That the proposed words be there inserted (or added)’ shall be put forthwith;
(b)if such 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.
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.
(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.
Amendments to address in answer to the Queen's Speech
33.—
(1)In respect of a motion for an address in answer to Her Majesty’s Speech, the Speaker may select up to four amendments of which notice has been given.
(2)No amendment may be selected before the penultimate day of the debate on such a motion.
(3)If, on the last day on which such a motion is debated in the House, an amendment to it proposed by the Leader of the Opposition shall have been disposed of at or after the expiration of the time for opposed business, any further amendments selected by the Speaker may thereupon be moved, and the question thereon shall be put forthwith.
Debate on dilatory motion
34.—
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 motion; and no Member, having made any such motion, shall be entitled to make any similar motion during the same debate.
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.
Closure of debate
36.—
(1)After a question has been proposed a Member rising in his place may claim to move, ‘That the question be now put,’ and, unless it shall appear to the chair that such 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.
(2)When a question ‘That the question be now put’ has been decided in the affirmative, and the question consequent thereon has been decided, a Member may claim that any further question be put which may be requisite to bring to a decision any question already proposed from the chair, and if the assent of the chair, as aforesaid, be not withheld, any question so claimed shall be put forthwith.
(3)This order shall apply in committee only when the Chairman of Ways and Means or either Deputy Chairman is in the chair.
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.
Divisions
Procedure on divisions
38.—
(1)If the opinion of the Speaker or the chair as to the decision of a question is challenged he shall direct that the lobby be cleared.
(2)Not more than two minutes from this direction he shall put the question again, and, if his opinion is again challenged, he shall announce the names of tellers.
(3)After the lapse of at least eight minutes from the direction to clear the lobby he shall direct that the doors giving access to the division lobbies be locked.
Voting
39.—
(1)A Member may vote in a division although he did not hear the question put.
(2)A Member is not obliged to vote.
Division unnecessarily claimed
40.—
The Speaker or the chair may, after the lapse of two minutes, if in his 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 decision, successively to rise in their places; and he shall thereupon, as he thinks fit, either declare the determination of the House or committee, or name tellers for a division.
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.
Deferred divisions
41A.—
(1)Except as provided in paragraph (2), Standing Order No. 38 (Procedure on divisions) shall not apply if, after the time for the 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;
(e)on motions made under paragraph (3) below or to which an order made under that paragraph applies.
(3)After the moment of interruption and the conclusion 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 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 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, 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 of the period mentioned in sub-paragraph (b) above.
Order in the House
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 used by other Members in debate, may direct him to discontinue his speech.
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.
Disorderly conduct
43.—
The Speaker, or the chair, shall order any Member or Members whose conduct is grossly disorderly to withdraw immediately from the House during 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 this order. But if on any occasion the Speaker, or the chair, deems that his powers under the previous provisions of this order are inadequate, he 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).
Order in debate
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 this paragraph, though opposed, may be decided after the expiration of the time for opposed business.
(2)If any Member be suspended under paragraph (1) of this order, his 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 was suspended, but, on any subsequent occasion, until the House shall resolve that the suspension of such Member do terminate.
(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 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.
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 may have been appointed before the suspension.
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 suspension.
Power of the Speaker to adjourn House or suspend sitting
46.—
In case of grave disorder arising in the House the Speaker may, if he thinks it necessary to do so, adjourn the House without putting any question, or suspend the sitting for a time to be named by him.
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.
(3)The Speaker may announce, at or before the commencement 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.
(4)The Speaker may announce, at or before the commencement 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.
(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.
Public Money
Recommendation from Crown required on application relating to public money
48.—
This House will receive no petition for any sum relating to public service or 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.
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.
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 of his intention to take charge.
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 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 or, in the case of a motion to which Standing Order No. 83Uapplies, forthwith upon the announcement of the Speaker’s decision with respect to the motion under that standing order; and proceedings in pursuance of this paragraph, though opposed, may be decided after the expiration of the time for opposed business.
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 threequarters of an hour after the commencement of those proceedings, if the motion is made otherwise.
(2)Business to which this order applies may be proceeded with at any hour, though opposed.
Application of public money standing orders to private bills, &c.
53.—
In relation to private bills, provisional order bills and bills introduced under the Private Legislation Procedure (Scotland) Act 1936, or the Statutory Orders (Special Procedure) Act 1945, the standing orders relating to public money shall have effect subject to any exceptions prescribed by the standing orders of this House relating to private business.
Consideration of 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—
(a)consideration of estimates or reports of the Liaison Committee relating thereto shall stand as first business; 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—
(a)proceedings on consideration of estimates or reports of the Liaison Committee relating thereto, standing as first business, shall be interrupted at seven o’clock on Monday, four o’clock on Tuesday or Wednesday or two o’clock on Thursday; or
(b)notwithstanding the provisions of paragraph (2) of this order, consideration of estimates or reports of the Liaison Committee relating thereto may be set down for consideration at the hour specified in subparagraph (a) above and shall be entered upon at that time:
Provided that on days on which time has been allocated pursuant to paragraph (2)(b) of Standing Order No. 24 (Emergency debates) or the Chairman of Ways and Means has set down opposed private business under paragraph (5) of Standing Order No. 20 (Time for taking private business), proceedings under this sub-paragraph shall not be entered upon until the business in question 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).
(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 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.
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 as 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.
Consolidated Fund Bills
56.—
When a motion shall have been made for the second reading of a Consolidated Fund or an Appropriation Bill, the question thereon shall be put forthwith, no order shall be made for the committal of the bill and the question for third reading shall be put forthwith; and the said questions may be decided at any hour, though opposed.
Public Bills
Presentation and first reading
57.—
(1)A Member may, after notice, present a bill without previously obtaining leave from the House to bring in the same.
(2)When a bill is presented either in pursuance of 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.
Bills brought from the Lords
57A.—
(1)If a Member informs the Clerks at the Table of his 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, and to have been ordered to be read a second time on such day as he 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 at a time when this House is not sitting, then, provided that a Member shall have notified the Clerks at the Table, in writing, of his 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.
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 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 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 shall be put forthwith and may be decided at any hour, though opposed.
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 of public business, the question thereon 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.
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 of public business, that a specified bill be so proceeded with, and the question thereon 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 of public business, that a tax law rewrite bill shall no longer stand referred to a second reading committee, and the question thereon 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 recommitted 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 shall be put forthwith and may be decided at any hour, though opposed; and if such question is agreed to the bill shall be ordered to be read the third time.
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. If they find that the standing orders are applicable, they shall further report whether they have been complied with.
(2)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.
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, the main question shall be put forthwith.
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, and the question thereon 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. 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.
(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.
(5)In the case of a bill certified by the Speaker under Standing Order No. 83J as relating exclusively to England and being within devolved legislative competence—
(b)committal under this order to a public bill committee is accordingly to a public bill committee to which Standing Order No. 86(2)(iv)(Nomination of general committees) applies.
(6)Nothing in this order enables a bill to be committed to any legislative grand committee other than to the Legislative Grand Committee (England) in accordance with Standing Order No. 83K.
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, of Consent Motions under Standing Order No. 83M (Consent Motions for certified England only or England and Wales only provisions) or of amendments to Lords amendments received in the Public Bill Office at any time not later than halfpast four o’clock on the last day on which the House is not sitting (excluding any Saturday, Sunday, bank holiday or public holiday in England) may be accepted as if the House were sitting.
Amendments in committee
65.—
All committees to which bills may be committed or referred for consideration on report shall have power to make such amendments therein as they shall think fit, provided they be relevant to the subject matter of the bill: but if any such amendments shall not be within the long title of the bill, they shall amend the long title accordingly, and report the same specially to the House.
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 resolve itself into such committee, unless notice of an instruction to such committee has been given, when such instruction shall be first disposed of, or unless the committee is discharged in pursuance of paragraph (8) of Standing Order No. 60 (Tax law rewrite bills).
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.
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 opinion that the principle of a clause or schedule and any matters arising thereon have been adequately discussed in the course of debate on the amendments proposed thereto, he may, after the last amendment to be selected has been disposed of, state that he 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.
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.
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 shall leave the chair without putting any question. Every such report shall be brought up without any question being put.
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, a day shall be appointed for taking the bill, as amended, into consideration, unless the House shall order it to be taken into consideration forthwith.
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 recommit the bill in whole or in part.
Report of bills committed to public bill committees, &c.
73.—
Save as provided in Standing Order No. 92 (Consideration on report of certain bills by a general committee) every bill committed to and reported from a public bill committee or the Legislative Grand Committee (England), 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.
Re-committal of bill
74.—
If a motion to recommit a bill as a whole be made, the Speaker shall permit a brief explanatory statement of the reasons for such recommittal from the Member who makes, and a brief statement from a Member who opposes, any such motion, and shall then put the question thereon.
Amendments on report
75.—
Upon the consideration of a bill on report no amendment which could not have been proposed in committee without an instruction from the House may be proposed unless it has been authorised by a resolution of the House.
Debate on bill reported from public bill committee
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.
Third reading
77.—
(1)No amendments, not being merely verbal, shall be made to any bill on the third reading.
(2)The third reading of a bill brought in upon a ways and means resolution may be taken at the same sitting of the House as its consideration on report.
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, 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.
Pecuniary 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 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 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 bill shall be a private bill for a local or personal Act.
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 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 of his intention to take charge of it.
Carry-over of bills
80A.—
(1)Subject to the following provisions of this order, a Minister of the Crown may give notice of a motion (a ‘carryover 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 of proceedings on the motion if the motion is made at any other time.
(2)A carryover motion may be proceeded with, though opposed, after the moment of interruption.
(3)A carryover motion shall not be made in respect of more than one bill.
(4)A carryover 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 a carryover 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 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.
(11)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)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)Proceedings on a bill ordered to be carried over to the next Session of Parliament shall lapse on the expiry 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 a motion under paragraph (14), that proceedings on the bill be extended for a specified period.
(14)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 (13), 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 of those proceedings.
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 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 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 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).
Temporary laws
81.—
The precise duration of every temporary law or enactment shall be expressed in a distinct clause or subsection of the bill.
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 shall be put forthwith and on consideration of the said report the question ‘That this House doth agree with the committee in its resolution (or resolutions)’ shall be put forthwith and, if that question be agreed to, any such resolution shall have effect as if it were an order of the House.Proceedings in pursuance of this sub-paragraph, though opposed, may be decided after the expiration of the time for opposed business.
Allocation of time to bills
83.—
If a motion be 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 of the proceedings on such a motion, put any question necessary to dispose of those proceedings.
Programming of bills
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 up to and including 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 of proceedings on the motion.
(13)Paragraph (1) of Standing Order No. 15 (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.
Programming committees
83B.—
(1)This order applies if proceedings in committee of the whole House or on consideration and third reading or in legislative grand committee or on reconsideration or consequential consideration 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 or in legislative grand committee or on reconsideration or consequential consideration and report any resolution which it makes to the House.
(6)Proceedings in the programming committee shall be brought to a conclusion not later than two hours after their commencement.
(7)For the purposes of bringing any proceedings to a conclusion in accordance with paragraph (6), the chair shall—
(a)first put forthwith any question which has been 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.
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, are to be brought to a conclusion;
(d)the date by which the bill is to be reported to the House;
(e)the programming of consideration and up to and including third reading.
(6)Proceedings in the programming sub-committee shall be brought to a conclusion not later than two hours after their commencement.
(7)For the purposes of bringing any proceedings to a conclusion in accordance with paragraph (6), the chair shall—
(a)first put forthwith any question which has been 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 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 sub-committee 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.
(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 up to and including 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 up to and including 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.
Programme orders: conclusion of proceedings in public bill committee or in committee of the whole House, &c.
83D.—
(1)This order applies for the purpose of bringing proceedings in public bill committee, in the Legislative Grand Committee (England) when exercising functions under Standing Order No. 83W(6)(a)(Legislative Grand Committees) or in committee of the whole House to a conclusion 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.
(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 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.
Programme orders: conclusion of proceedings on consideration and up to and including third reading
83E.—
(1)This order applies for the purpose of bringing proceedings on consideration and up to and including third reading to a conclusion 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.
(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.
(5)In the application of this order to proceedings on a Consent Motion in legislative grand committee, the references to the Speaker in paragraph (2) are to be read as references to the Chairman of Ways and Means or either Deputy Chairman.
Programme orders: conclusion 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 in accordance with a programme order.
(2)The Speaker shall first put forthwith any question which has been 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.
(8)Where a single question would be put under paragraph (3)(a), (4)(a) or (7) in circumstances where some or all of the amendments concerned are certified under Standing Order No. 83O (Consideration of certified motions or amendments relating to Lords Amendments or other messages) in relation to a particular part or parts of the United Kingdom, the Speaker shall put forthwith—
(a)a single question on any amendments for which the certification is in relation to England,
(b)a single question on any amendments for which the certification is in relation to England and Wales,
(c)a single question on any amendments for which the certification is both in relation to England and in relation to England and Wales, and
(d)a single question on any amendments for which there is no certification.
(9)Where a single question would be put under paragraph (6) in circumstances where, if there were (or are) separate motions to agree in relation to each of the remaining Lords amendments, some or all of the motions would be (or are) certified under Standing Order No. 83O (Consideration of certified motions or amendments relating to Lords Amendments or other messages), the Speaker shall put forthwith—
(a)in the case of any remaining Lords amendments for which there would be (or are) motions certified in relation to England, the question that this House agrees with the Lords in those amendments,
(b)in the case of any remaining Lords amendments for which there would be (or are) amendments certified in relation to England and Wales, the question that this House agrees with the Lords in those amendments,
(c)in the case of any remaining Lords amendments for which there would be (or are) motions certified both in relation to England and in relation to England and Wales, the question that this House agrees with the Lords in those amendments, and
(d)in the case of any remaining Lords amendments for which there would be (or are) motions which would not be (or are not) certified, the question that this House agrees with the Lords in those amendments.
(10)If a division is held on a question put under paragraph (8) or (9), the amendments shall be agreed to only if, of those voting in the division—
(a)in a case falling within sub-paragraph (a) of that paragraph, a majority of Members and a majority of Members representing constituencies in England,
(b)in a case falling within sub-paragraph (b) of that paragraph, a majority of Members and a majority of Members representing constituencies in England and Wales,
(c)in a case falling within sub-paragraph (c) of that paragraph, a majority of Members, a majority of Members representing constituencies in England and a majority of Members representing constituencies in England and Wales, and
(d)in a case falling within sub-paragraph (d) of that paragraph, a majority of Members,
vote in support of them.
(11)Paragraph (9) of Standing Order No. 83O shall apply to a decision made by virtue of paragraph (10) above on a question as it applies in relation to a decision made by virtue of paragraph (7) of that order on a motion.
Programme orders: conclusion 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 in accordance with a programme order.
(2)The Speaker shall first put forthwith any question which has been 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, subject to paragraphs (6) and (7), then put forthwith the question that this House agrees with the Lords in all of the remaining Lords proposals.
(6)Paragraph (7) applies where, if there were (or are) separate motions to agree in relation to each of the remaining Lords proposals, some or all of the motions would be (or are) certified under Standing Order No. 83O (Consideration of certified motions or amendments relating to Lords Amendments or other messages).
(7)The Speaker shall put forthwith—
(a)in the case of any remaining Lords proposals for which there would be (or are) motions certified in relation to England, the question that this House agrees with the Lords in those proposals,
(b)in the case of any remaining Lords proposals for which there would be (or are) motions certified in relation to England and Wales, the question that this House agrees with the Lords in those proposals,
(c)in the case of any remaining Lords proposals for which there would be (or are) motions certified both in relation to England and in relation to England and Wales, the question that this House agrees with the Lords in those proposals, and
(d)in the case of any remaining Lords proposals for which there would be (or are) motions which would not be (or are not) certified, the question that this House agrees with the Lords in those proposals.
(8)If a division is held on a question put under paragraph (7), the proposals shall be agreed to only if, of those voting in the division—
(a)in a case falling within sub-paragraph (a) of that paragraph, a majority of Members and a majority of Members representing constituencies in England,
(b)in a case falling within sub-paragraph (b) of that paragraph, a majority of Members and a majority of Members representing constituencies in England and Wales,
(c)in a case falling within sub-paragraph (c) of that paragraph, a majority of Members, a majority of Members representing constituencies in England and a majority of Members representing constituencies in England and Wales, and
(d)in a case falling within sub-paragraph (d) of that paragraph, a majority of Members,
vote in support of them.
(9)Paragraph (9) of Standing Order No. 83O shall apply to a decision made by virtue of paragraph (8) above on a question as it applies in relation to a decision made by virtue of paragraph (7) of that order on a motion.
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.
(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 of the sitting at which it is appointed.
(4)Proceedings in the committee shall be brought to a conclusion not later than half an hour after their commencement.
(5)For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (4), the chair shall—
(a)first put forthwith any question which has been 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.
Programme orders: supplementary provisions
83I.—
(1)The provisions of this order apply to proceedings in the House or in committee of the whole House or in legislative grand committee on a bill which is subject to a programme order.
(2)Paragraph (1) of Standing Order No. 15(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 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 of any proceedings on the bill which, in accordance with the programme order, are to be brought to a conclusion after that time is postponed for a period of time equal to the duration of the proceedings on that motion.
(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 of the period at the end of which proceedings are to be brought to a conclusion 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.
Certification of bills, clauses and schedules etc: general
Certification of bills etc. as relating exclusively to England or England and Wales and being within devolved legislative competence
83J.—
(1)The Speaker shall, before second reading—
(a)consider every public bill presented by a Minister of the Crown or brought from the Lords and taken up by a Minister of the Crown, and
(b)certify any such bill, or any clause or schedule of any such bill, which, in the Speaker’s opinion—
(i)relates exclusively to England or to England and Wales, and
(ii)is within devolved legislative competence.
(2)A clause or schedule relates exclusively to England or to England and Wales if (disregarding any minor or consequential effects outside the area in question) it applies only to England or (as the case may be) to England and Wales.
(3)A clause or schedule which relates exclusively to England is within devolved legislative competence if—
(a)it would be within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament,
(b)it would be within the legislative competence of the National Assembly for Wales to make any corresponding provision for Wales in an Act of that Assembly, or
(c)it would be within the legislative competence of the Northern Ireland Assembly to make any corresponding provision for Northern Ireland in an Act of that Assembly and the corresponding provision would deal with a transferred matter.
(4)A clause or schedule which relates exclusively to England and Wales is within devolved legislative competence if—
(a)it would be within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament, or
(b)it would be within the legislative competence of the Northern Ireland Assembly to make any corresponding provision for Northern Ireland in an Act of that Assembly and the corresponding provision would deal with a transferred matter.
(5)A bill—
(a)relates exclusively to England and is within devolved legislative competence if every clause and every schedule of it relates exclusively to England and is within devolved legislative competence;
(b)relates exclusively to England and Wales and is within devolved legislative competence if every clause and every schedule of it relates exclusively to England and Wales and is within devolved legislative competence.
(6)In deciding whether a bill relates exclusively to England or to England and Wales, the Speaker shall treat any clause or schedule whose only effects are minor or consequential effects outside the area in question as relating exclusively to that area.
(7)In deciding whether a clause or schedule is within devolved legislative competence, the Speaker may take account of any amendments to the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly which—
(a)are not in force at the time of certification, but
(b)are to come into force on a day already fixed by law,
if the Speaker considers that the clause or schedule is itself only likely to come into force on or after that day; and, for this purpose, an amendment which is in force but applies only in relation to a future period of time (or a clause or schedule which is likely to come into force but so apply) is to be treated as not being in force (or as not likely to come into force) until the start of that period (being a day already fixed by law).
(8)In deciding whether to certify a bill, clause or schedule under this order, the Speaker—
(a)may consult two members of the Panel of Chairs who are appointed for this purpose by the Committee of Selection on a session by session basis, and
(b)shall disregard any provision inserted by the House of Lords which, in the Speaker’s opinion, has the sole objective of ensuring that Standing Order No. 80(a)(Privilege (bills brought from the Lords)) will apply to the bill.
(9)The Speaker shall announce any decision under this order to the House.
(10)This order shall not apply to the following bills—
(b)a bill referred to the Welsh Grand Committee under Standing Order No. 106(1)(Welsh Grand Committee (bills)),
(c)a bill referred to the Northern Ireland Grand Committee under Standing Order No. 113(1)(Northern Ireland Grand Committee (bills in relation to their principle)),
(d)a bill which falls to be considered by the select committee appointed under Standing Order No. 140 (Joint Committee on Consolidation, &c., Bills),
(e)a bill whose main purpose is to give effect to proposals contained in a report by a Law Commission,
(f)a tax law rewrite bill,
(g)a bill introduced under the Statutory Orders (Special Procedure) Act 1945 or for confirming a provisional order.
(11)This order—
(a)shall not affect the right of every Member to vote on—
(i)the consideration of estimates, and
(ii)ways and means motions and motions for money resolutions (other than motions to which Standing Order No. 83U applies), and
(b)shall not apply to a Consolidated Fund or Appropriation Bill.
Committal and recommittal of certified England only bills
83K.—
(1)A bill certified by the Speaker under Standing Order No. 83J as relating exclusively to England and being within devolved legislative competence may only be committed to—
(a)a public bill committee (to which Standing Order No. 86(2)(iv)(Nomination of general committees) applies), or
(b)the Legislative Grand Committee (England).
(2)A bill whose current certification by the Speaker (whether under Standing Order No. 83J or 83L) is that it relates exclusively to England and is within devolved legislative competence may only be recommitted to—
(a)a public bill committee (to which Standing Order No. 86(2)(iv)(Nomination of general committees) applies), or
(b)the Legislative Grand Committee (England).
Reconsideration of certification before third reading
83L.—
(1)Paragraph (2) applies in relation to every bill which—
(a)was eligible for certification under Standing Order No. 83J (whether or not the bill, or any clause or schedule of it, was so certified),
(b)has been amended since its second reading, and
(c)has completed the stages before its third reading.
(2)The Speaker shall, before a motion may be made for the third reading of the bill—
(a)reconsider the bill, and
(b)certify the bill, or any clause or schedule of it, if the bill or clause or schedule, in the Speaker’s opinion—
(i)relates exclusively to England or to England and Wales, and
(ii)is within devolved legislative competence.
(3)Paragraph (4) applies in relation to every bill which—
(a)was certified (whether in whole or in part) by the Speaker under Standing Order No. 83J,
(b)has been amended since its second reading, and
(c)has completed the stages before its third reading.
(4)The Speaker shall, before a motion may be made for the third reading of the bill, certify any amendment made to the bill since second reading which, in the opinion of the Speaker—
(a)related to the bill so far as certified under Standing Order No. 83J,
(b)was not made by the Legislative Grand Committee (England) or a public bill committee to which Standing Order No. 86(2)(iv)(Nomination of general committees) applies, and
(c)either—
(i)resulted in there being no certification under paragraph (2) when there would otherwise have been such a certification, or
(ii)changed the area to which a certification under paragraph (2) would otherwise have related.
(5)Any amendment certified under paragraph (4) shall be certified as relating exclusively to the area to which the certification under paragraph (2) would have related had that amendment not been made (and there shall be no certification as to devolved legislative competence).
(6)The Speaker shall announce any decision under paragraph (2) or (4) to the House.
(7)The Speaker shall, wherever possible, announce the Speaker’s decisions under paragraph (2) or (4) immediately after the conclusion of proceedings on the previous stage of the bill.
(8)Paragraphs (2) to (8) of Standing Order No. 83J apply for the purposes of certification of bills, clauses, schedules and amendments under this order as they apply for the purposes of certification of bills, clauses and schedules under that order.
Consent Motions for certified England only or England and Wales only provisions
83M.—
(1)Paragraphs (2) and (3) apply where—
(a)a bill, or clauses or schedules of a bill, have been certified under Standing Order No. 83J as relating exclusively to England or to England and Wales and being within devolved legislative competence, and the bill has completed the stages before its third reading without having been amended,
(b)a bill or clauses or schedules of a bill have been certified under Standing Order No. 83L(2) as relating exclusively to England or to England and Wales and being within devolved legislative competence, or
(c)amendments have been certified under Standing Order No. 83L(4) as relating exclusively to England or to England and Wales.
(2)A Consent Motion which gives consent to the bill, clauses or schedules or amendments must be passed by the legislative grand committee for the area to which the certification relates before a motion may be made for the third reading of the bill.
(3)If a Minister of the Crown indicates his or her intention to move a Consent Motion, the House shall forthwith resolve itself into the legislative grand committee which is to consider the motion.
(4)If a Minister of the Crown indicates his or her intention to move both a Consent Motion which is to be passed by the Legislative Grand Committee (England and Wales) and a Consent Motion which is to be passed by the Legislative Grand Committee (England)—
(a)the House shall forthwith resolve itself into the Legislative Grand Committee (England and Wales) to consider the motion for that committee,
(b)on moving that motion, the Minister shall also inform the committee of the terms of the motion to be moved in the Legislative Grand Committee (England),
(c)any debate in the Legislative Grand Committee (England and Wales) may also relate to the motion for the Legislative Grand Committee (England), and
(d)on conclusion of proceedings in the Legislative Grand Committee (England and Wales)—
(i)the House shall forthwith resolve itself into the Legislative Grand Committee (England),
(ii)a Minister of the Crown shall forthwith move the motion for that committee, and
(iii)proceedings in the Legislative Grand Committee (England) shall be brought to a conclusion forthwith.
(5)Standing Orders Nos. 83E (Programme orders: conclusion of proceedings on consideration and up to and including third reading) and 83I (Programme orders: supplementary provisions) shall apply for the purpose of bringing proceedings to a conclusion in accordance with paragraph (4)(d)(iii) above (whether or not those proceedings are subject to a programme order) as they apply for the purpose of bringing proceedings to a conclusion in accordance with a programme order.
(6)On the conclusion of proceedings on a Consent Motion (or, in a case falling within paragraph (4), the conclusion of proceedings on the second Consent Motion), the chair shall report the decision of the committee (or, as the case may be, the decisions of the committees) to the House.
(7)Subject to paragraph (8), a Consent Motion shall be in the form either “That the Committee consents to the XXX Bill” or “That the Committee consents to [the following certified clauses [and schedules] of the XXX Bill] [and certified amendments made by the House to the XXX Bill]…”; and in the latter case the motion shall identify the clauses or schedules or amendments in question.
(8)If a Minister of the Crown wishes to propose that a committee should not consent to certain clauses or schedules or amendments, the Consent Motion shall be in the form “That the Committee consents to [the following certified clauses [and schedules] of the XXX Bill] [and certified amendments made by the House to the XXX Bill]… and does not consent to [the following certified clauses [and schedules] of the XXX Bill] [and certified amendments made by the House to the XXX Bill]…”; and in any such case the motion shall identify the clauses or schedules or amendments in question.
(9)A Consent Motion may only be moved by a Minister of the Crown and may be moved without notice.
(10)Proceedings under this order may be proceeded with, though opposed, after the moment of interruption.
Reconsideration of bills so far as there is absence of consent
83N.—
(1)Where a legislative grand committee decides on a Consent Motion under Standing Order No. 83M to withhold consent to a bill or any clause or schedule of a bill or any amendment—
(a)the bill shall be set down for reconsideration unless a Minister of the Crown moves a motion for the bill to be reconsidered (and any such motion may be made without notice, the question on any such motion shall be put forthwith and, if the motion is passed, the House shall proceed forthwith to reconsideration), and
(b)any order for the third reading of the bill shall be discharged.
(2)Reconsideration of the bill shall be for the sole purpose of considering amendments to the bill to resolve matters in dispute as a result of the withholding of consent.
(3)Paragraphs (2) and (4) to (8) of Standing Order No. 83L, and Standing Order No. 83M, shall apply following reconsideration of a bill in relation to the bill so far as reconsidered as they apply in relation to a bill; but as if—
(a)in Standing Order No. 83L(4)
(i)the reference to any amendment since second reading were a reference to any amendment made on reconsideration, and
(ii)sub-paragraphs (a) and (b) were omitted, and
(b)in the case of any matter, there were a deemed certification in relation to the area or areas to which any relevant previous certification under Standing Order No. 83L(2) or (4) related if there would not otherwise be a certification in relation to that area or areas.
(4)If, following reconsideration of a bill and the steps taken by virtue of paragraph (3), a legislative grand committee withholds consent to the whole bill (whether or not amended on reconsideration), the bill may not be given a third reading and shall not pass.
(5)Paragraph (6) applies if, following reconsideration of a bill and the steps taken by virtue of paragraph (3), a legislative grand committee withholds consent to—
(a)any clause or schedule of the bill (whether or not amended on reconsideration), or
(b)any amendment to the bill,
but does not withhold consent to the whole bill.
(6)The bill shall be amended so as to remove any provisions of the bill which are not agreed by the House and any relevant legislative grand committee; and it is the bill as so amended which proceeds to its next stage.
(7)A Minister of the Crown may move a motion for the bill as so amended to be considered again (“consequential consideration”); and such a motion may be made without notice and the question on any such motion shall be put forthwith.
(8)If the motion is passed, the House shall proceed forthwith to consequential consideration of the bill as so amended; and any order for the third reading of the bill shall be discharged.
(9)Consequential consideration of the bill as so amended shall be for the sole purpose of considering minor or technical amendments in consequence of the removal of provisions under paragraph (6).
(10)Proceedings on reconsideration or consequential consideration, or a motion for reconsideration or consequential consideration, may be proceeded with, though opposed, after the moment of interruption.
(11)References in the standing orders of this House to consideration of a bill on report shall, so far as relevant and subject to paragraph (12), include reconsideration or consequential consideration of a bill under this order.
(12)In its application by virtue of paragraph (11), Standing Order No. 72 (Consideration of bill as amended in committee of whole House) has effect as if the words “, as amended in a committee of the whole House,” were omitted.
Consideration of certified motions or amendments relating to Lords Amendments or other messages
83O.—
(1)The Speaker shall consider any motion relating to a Lords amendment to a bill or to any other message from the Lords in respect of a bill.
(2)The Speaker shall certify the motion if, in the Speaker’s opinion, it—
(a)relates exclusively to England and is within devolved legislative competence, or
(b)relates exclusively to England and Wales and is within devolved legislative competence.
(3)For the purposes of paragraph (2) a motion relates exclusively to England or to England and Wales and is within devolved legislative competence if it or any provision of it—
(a)relates to a Lords amendment, or an item in another message, which would, if agreed, result in—
(i)a clause or schedule as amended which relates exclusively to England or to England and Wales and is within devolved legislative competence,
(ii)a new or unamended clause or schedule which so relates and is within devolved legislative competence, or
(iii)the omission of a clause or schedule which so relates and is within devolved legislative competence, or
(b)contains proposals which would, if agreed, so result.
(4)The Speaker shall also certify the motion if, in the Speaker’s opinion, it or any provision of it—
(a)relates to a Lords amendment, or an item in another message, which would, if agreed, result in a clause or schedule, which relates exclusively to England or to England and Wales and is within devolved legislative competence, ceasing to so relate or to be within devolved legislative competence, or
(b)contains proposals which, if agreed, would so result.
(5)Any motion certified under paragraph (4) shall be certified as relating exclusively to the area to which the clause or schedule relates (and there shall be no certification as to devolved legislative competence).
(6)The same motion may be certified in relation to different areas under paragraphs (2) and (4) or either of them.
(7)If a division is held on a motion certified under this order, the motion shall be agreed to only if, of those voting in the division—
(a)in the case of a motion certified in relation to England, a majority of Members and a majority of Members representing constituencies in England,
(b)in the case of a motion certified in relation to England and Wales, a majority of Members and a majority of Members representing constituencies in England and Wales, and
(c)in the case of a motion certified both in relation to England and in relation to England and Wales, a majority of Members, a majority of Members representing constituencies in England and a majority of Members representing constituencies in England and Wales,
vote in support of the motion.
(8)The Speaker shall, in selecting motions relating to Lords amendments or other messages, have regard to the extent to which such motions are drafted so that they can be certified under this order by virtue of every provision of them meeting the test in paragraph (3)(a) or (b) or (4)(a) or (b).
(9)If a motion relating to a Lords amendment or other message is disagreed to under this order because one of the groups voting in the division has not voted in support of it while another has, the decision of the House shall be—
(a)in the case of a motion to disagree (or agree) to a Lords amendment or an item in another message, to disagree with it, and
(b)in any other case, such decision as would have the effect of leaving the bill so far as it relates to that matter in the same position as it was before the Lords amendment or other message was received from the Lords.
(10)The Speaker shall announce any decision under paragraph (2) or (4) to the House.
(11)This order does not apply in relation to—
(a)any motion relating to a bill which was not eligible for certification under Standing Order No. 83J, and
(b)any of the following motions—
(i)any ways and means motion or motion for a money resolution,
(ii)any programme motion,
(iii)any order of consideration motion,
(iv)any motion of, or relating to, the Reasons Committee, and
(v)any other motion of a similar kind to a motion falling within any of paragraphs (i) to (iv).
(12)In this order—
(a)references to motions are to be read as including, so far as relevant, references to amendments to Lords amendments and references to amendments to the bill, and
(b)the reference in paragraph (3)(a)(i) to clauses or schedules as amended includes, in particular, a reference to clauses or schedules which would be amended by virtue of their territorial application being modified otherwise than in the clauses or schedules themselves.
(13)Paragraphs (2) to (4), (7) and (8)(a) of Standing Order No. 83J apply for the purposes of deciding under this order whether clauses or schedules relate exclusively to England or to England and Wales and are within devolved legislative competence as they apply for the purposes of the certification of clauses or schedules under that order; and, in the case of a bill which relates exclusively to England or to England and Wales, paragraph (6) of that order also applies for the purpose of deciding under this order whether clauses or schedules so relate.
Certification of instruments and motions: general
Certification of instruments
83P.—
(1)The Speaker shall—
(a)consider every instrument to which this order applies, and
(b)certify any such instrument which, in the Speaker’s opinion—
(i)relates exclusively to England or to England and Wales, and
(ii)is within devolved legislative competence.
(2)An instrument—
(a)relates exclusively to England and is within devolved legislative competence if every provision of it relates exclusively to England and is within devolved legislative competence;
(b)relates exclusively to England and Wales and is within devolved legislative competence if every provision of it relates exclusively to England and Wales and is within devolved legislative competence.
(3)Paragraphs (2) to (4), (6) and (7) of Standing Order No. 83J apply for the purposes of this order; and as so applied those paragraphs have effect as if—
(a)references to a bill were to an instrument, and
(b)references to a clause or schedule were to a provision of an instrument.
(4)In deciding whether to certify an instrument under this order the Speaker may consult two members of the Panel of Chairs who are appointed for this purpose by the Committee of Selection on a session by session basis.
(5)The Speaker shall announce any decision under this order to the House.
(6)This order applies to any instrument (whether or not in draft) upon which proceedings may be taken in pursuance of an Act of Parliament where the instrument—
(a)meets any of conditions A to C, and
(b)is not a report within paragraph (1)(a) to (c) of Standing Order No. 83R.
(7)Condition A is that the instrument—
(a)stands referred to a Delegated Legislation Committee pursuant to paragraph (3) of Standing Order No. 118 (Delegated Legislation Committees), or
(b)does not stand so referred because sub-paragraph (a)of that paragraph applies to it.
(8)Condition B is that a member has given notice of a motion of the kind mentioned in paragraph (4)(a) of Standing Order No. 118 in relation to the instrument and the instrument—
(a)stands referred to a Delegated Legislation Committee, or
(b)has been set down for consideration in the Chamber on a particular day.
(9)Condition C is that the Regulatory Reform Committee has made a recommendation of the kind mentioned in paragraph (1) or (2) of Standing Order No. 18 (Consideration of draft legislative reform orders etc.) in relation to the instrument.
Deciding the question on motions relating to certified instruments
83Q.—
(1)This order applies to the following motions—
(a)a motion to approve a certified instrument;
(b)a motion of the kind mentioned in paragraph (4)(a) of Standing Order No. 118 in relation to a certified instrument;
(c)a motion to disagree with a report of the Regulatory Reform Committee that contains a recommendation of the kind mentioned in paragraph (2) of Standing Order No. 18 in relation to a certified instrument;(d) an amendment to a motion within sub-paragraph (a)or (b).
(2)If a division is held on a motion to which this order applies, the motion shall be agreed to only if, of those voting in the division—
(a)a majority of Members, and(b) a majority of Members representing qualifying constituencies,
vote in support of the motion.
(3)In this order—
(a)“a certified instrument” means an instrument which has been certified under Standing Order No. 83P as relating exclusively to England or to England and Wales;
(b)“qualifying constituencies” means constituencies in the part of the United Kingdom to which the instrument has been certified as relating exclusively.
Deciding the question on certain other motions
83R.—
(1)This order applies to the following motions—
(a)a motion to approve—
(i)a report which has been laid before the House under paragraph 5 of Schedule 7B to the Local Government Finance Act 1988 (local government finance report) and which contains a determination under section 78 of that Act (revenue support grant), or
(ii)a report which has been laid before the House under section 84A of that Act (revenue support grant: amending report);
(b)a motion to approve a report which has been laid before the House under section 52ZD of the Local Government Finance Act 1992 (referendums relating to council tax increases: principles);
(c)a motion to approve a report which has been laid before the House under section 46 of the Police Act 1996 (police grant);
(d)a motion for a resolution under section 26(2)(b)(ii) of the Higher Education Act 2004 (student fees);
(e)an amendment to a motion within sub-paragraph (d).
(2)If a division is held on a motion to which this order applies, the motion shall be agreed to only if, of those voting in the division—
(a)a majority of Members, and
(b)a majority of Members representing qualifying constituencies,
vote in support of the motion.
(3)In this order “qualifying constituencies” means—
(a)in the case of a motion within paragraph (1)(a), (b), (d) or (e), constituencies in England;
(b)in the case of a motion within paragraph (1)(c), constituencies in England or Wales.
Certification of Finance Bills, instruments and motions
Modification of Standing Orders Nos. 83J to 83N in their application to Finance Bills
83S.—
(1)In their application in relation to a bill within paragraph (2), Standing Orders Nos. 83J to 83N shall have effect with the modifications in paragraphs(3) to (5).
(2)A bill is within this paragraph if—
(a)it is a Finance Bill, or
(b)it is a bill which, before second reading, only contained provision which would be within the ordinary scope of a Finance Bill (or would be if the provision was to take effect in the current financial year).
(3)In Standing Order No. 83J
(a)in paragraph (1)(b)(i) after “Wales” insert “or to England, Wales and Northern Ireland”;
(b)in paragraph (2) after “Wales” (in both places) insert “or to England, Wales and Northern Ireland”;
(c)after paragraph (4) insert—
“(4A) A clause or schedule which relates exclusively to England, Wales and Northern Ireland is within devolved legislative competence if it would be within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament.”;
(d)in paragraph (5) after sub-paragraph (b) insert “;(c) relates exclusively to England, Wales and Northern Ireland and is within devolved legislative competence if every clause and every schedule of it relates exclusively to England, Wales and Northern Ireland and is within devolved legislative competence”;
(e)in paragraph (6) after “Wales” insert “or to England, Wales and Northern Ireland”; and
(f)after paragraph (11) insert—
“(12) The test in paragraph (3)(a), (4)(a) or (4A) is also met if the clause or schedule concerned sets a rate of income tax in respect of any kind of income for a person who is resident in the United Kingdom for tax purposes but is not a Scottish taxpayer where the corresponding rate for a Scottish taxpayer may be set by a resolution of the Scottish Parliament under Chapter 2 of Part 4A of the Scotland Act 1998 (and the reference in paragraph (7) to the legislative competence of the Scottish Parliament includes a reference to that Chapter)”.
(4)In Standing Order No. 83L, in paragraph (2)(b)(i) after “Wales” insert “or to England, Wales and Northern Ireland”.
(5)In Standing Order No. 83M
(a)in paragraph (1) after “Wales” (in each place) insert “or to England, Wales and Northern Ireland”;
(b)for paragraph (4) substitute—
“(4) If a Minister of the Crown indicates his or her intention to move Consent Motions which are to be passed by more than one legislative grand committee—
(a) the order in which the Consent Motions are to be considered is:
(i) any motion to be considered by the Legislative Grand Committee (England, Wales and Northern Ireland),
(ii) any motion to be considered by the Legislative Grand Committee (England and Wales), and
(iii) any motion to be considered by the Legislative Grand Committee (England),
(b) the House shall forthwith resolve itself into the legislative grand committee which is to consider the first Consent Motion,
(c) on moving that motion, the Minister shall also inform the committee of the terms of any other Consent Motion to be moved in any other legislative grand committee,
(d) any debate in the first legislative grand committee may also relate to any other Consent Motion to be moved in any other legislative grand committee,
(e) on conclusion of proceedings in the first legislative grand committee—
(i) the House shall forthwith resolve itself into the legislative grand committee which is to consider the next Consent Motion,
(ii) a Minister of the Crown shall forthwith move that motion, and
(iii) proceedings in the second legislative grand committee shall be brought to a conclusion forthwith, and
(f) on conclusion of proceedings in the second legislative grand committee, sub-paragraphs (e)(i) to (iii) shall apply in relation to any third Consent Motion and a third legislative grand committee as they apply in relation to the second Consent Motion and the second legislative grand committee.”;
(c)in paragraph (5) for “(4)(d)(iii)” substitute “(4)(e)(iii) and (f)”; and
(d)in paragraph (6) for “second Consent Motion” substitute “Consent Motions”.
Modification of Standing Orders Nos. 83P and 83Q in their application to financial instruments
83T.—
(1)In their application in relation to a financial instrument, Standing Orders Nos. 83P and 83Q shall have effect with the following modifications.
(2)In Standing Order No. 83P
(a)in paragraph (1)(b)(i) after “Wales” insert “or to England, Wales and Northern Ireland”;
(b)in paragraph (2) after sub-paragraph (b) insert “;(c) relates exclusively to England, Wales and Northern Ireland and is within devolved legislative competence if every provision of it relates exclusively to England, Wales and Northern Ireland and is within devolved legislative competence”; and
(c)in paragraph (3) for the words from the beginning to “apply” substitute “Paragraphs (2) to (4A), (6), (7) and (12) of Standing Order No. 83J (as modified by Standing Order No. 83S(3))”.
(3)In Standing Order No. 83Q(3)(a) after “Wales” insert “or to England, Wales and Northern Ireland”.
(4)For the purposes of this order an instrument is a “financial instrument” if it is made or proposed to be made in exercise of powers conferred by (and only by)—
(a)an Act which resulted from a Finance Bill;
(b)a provision of an Act which would have been within the ordinary scope of a Finance Bill.
Certification of motions upon which a Finance Bill is to be brought in which would authorise provision relating exclusively to England, to England and Wales or to England, Wales and Northern Ireland
83U.—
(1)This order applies to any founding motion which, if passed, would—
(a)authorise a bill to include provision which would be within the ordinary scope of a Finance Bill, or
(b)authorise a Finance Bill to include provision which would not be within the ordinary scope of a Finance Bill.
(2)The Speaker shall—
(a)consider every motion to which this order applies, and
(b)certify any such motion which, in the Speaker’s opinion, falls within paragraph (3), (4) or (5).
(3)A motion falls within this paragraph if it would, if passed, only authorise a bill to include provision which—
(a)relates exclusively to England, and
(b)is within devolved legislative competence.
(4)A motion falls within this paragraph if it would, if passed, only authorise a bill to include provision which—
(a)relates exclusively to England and Wales, and
(b)is within devolved legislative competence.
(5)A motion falls within this paragraph if it would, if passed, only authorise a bill to include provision which—
(a)relates exclusively to England, Wales and Northern Ireland, and
(b)is within devolved legislative competence.
(6)In deciding whether to certify under this order a motion to which this order applies, the Speaker may consult two members of the Panel of Chairs who are appointed for this purpose by the Committee of Selection on a session by session basis.
(7)The Speaker shall announce any decision under this order to the House.
(8)Paragraphs (2) to (4A), (7) and (12) of Standing Order No. 83J (as modified by Standing Order No. 83S(3)) apply for the purposes of this order; and as so applied those paragraphs have effect as if references to a clause or schedule were to a provision.
(9)In paragraph (1) “founding motion” means a motion upon which a bill is to be brought in.
Deciding the question on motions certified under Standing Order No. 83U
83V.—
(1)If a division is held on a motion which has been certified under Standing Order No. 83U, the motion shall be agreed to only if, of those voting in the division—
(a)a majority of Members, and
(b)amajorityof Members representing qualifying constituencies,
vote in support of the motion.
(2)In this order “qualifying constituencies” means—
(a)in a case where the motion concerned was certified as falling within paragraph (3) of Standing Order No. 83U, constituencies in England;
(b)in a case where the motion concerned was certified as falling within paragraph (4) of that standing order, constituencies in England or Wales;
(c)in a case where the motion concerned was certified as falling within paragraph (5) of that standing order, constituencies in England, Wales or Northern Ireland.
Legislative Grand Committees
Legislative Grand Committees
83W.—
(1)There shall be—
(a)a Legislative Grand Committee (England),
(b)a Legislative Grand Committee (England and Wales), and
(c)a Legislative Grand Committee (England, Wales and Northern Ireland).
(2)The Legislative Grand Committee (England) shall consist of all Members representing constituencies in England.
(3)The Legislative Grand Committee (England and Wales) shall consist of all Members representing constituencies in England and all Members representing constituencies in Wales.
(4)The Legislative Grand Committee (England, Wales and Northern Ireland) shall consist of—
(a)all Members representing constituencies in England,
(b)all Members representing constituencies in Wales, and
(c)all Members representing constituencies in Northern Ireland.
(5)A Deputy Speaker or a Member of the Panel of Chairs may chair a legislative grand committee.
(6)The functions of the Legislative Grand Committee (England) shall be—
(a)to consider any bills committed or recommitted to the committee in accordance with Standing Order No. 83K, and
(b)to consider any Consent Motions under Standing Order No. 83M which relate to the committee.
(7)The functions of the Legislative Grand Committee (England and Wales) and the Legislative Grand Committee (England, Wales and Northern Ireland) are to consider any Consent Motions under Standing Order No. 83M which relate to them.
(8)Any Member who is not a member of a legislative grand committee may take part in the deliberations of the committee but shall not vote or make any motion or move any amendment.
Legislative Grand Committees: supplementary
83X.—
(1)The procedure of this House applicable to a committee of the whole House shall, so far as relevant, be applicable to a legislative grand committee.
(2)Accordingly, references in the standing orders of this House to a committee of the whole House or to the House in committee, or similar references, shall be read as references to the relevant legislative grand committee.
(3)Paragraphs (1) and (2) do not apply to Standing Order No. 82 (Business Committee).
General Committees
General committees
84.—
The following committees shall be general 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.
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)shall have the power to send for persons, papers and records.
(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. The oral evidence shall be printed in the official report of the committee’s debates and the committee shall have power to report written evidence to the House as if it were a select committee.
(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 does not intend for the time being to proceed with the committee stage of his 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 its proceedings.
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 paragraph (3) 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).
Nomination of general 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 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—
(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;
(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;
(iv) for the consideration of any bill certified by the Speaker under Standing Order No. 83J (or, in the case of recommittal after recertification, Standing Order No. 83L) as relating exclusively to England and being within devolved legislative competence, the Committee of Selection, in nominating Members to a public bill committee, shall have regard to the composition of that part of the House consisting of Members representing constituencies in England; and no Member who does not represent a constituency in England shall be nominated to such a committee.
Attendance of law officers and ministers in general committees
87.—
(1)The Attorney General, the Advocate General and the Solicitor General, or any of them, being Members of the House, though not members of a general 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.
(2)In a general committee which is to consider a bill brought in upon a ways and means resolution any Minister of the Crown, being a Member of the House, though not a member of the general 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.
Meetings of general committees
88.—
(1)A general 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 no general committee shall sit at Westminster, on a day on which the House sits, between the hours of one o’clock and halfpast three o’clock in the afternoon on Mondays, between the hours of twentyfive minutes past eleven o’clock in the morning and halfpast one o’clock in the afternoon on Tuesdays or Wednesdays or between the hours of twentyfive minutes past nine o’clock in the morning and halfpast eleven o’clock in the morning on Thursdays, except as hereinafter provided.
(2)If a general 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 twentyfive minutes past nine o’clock, 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)):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 by a short extension of the sitting, he may defer adjourning the committee for a quarter of an hour;
(ii) if proceedings under Standing Order No. 36 (Closure of debate) be in progress at the time when the chair is required to adjourn the committee under this paragraph, he shall not adjourn the committee until the question for the closure of debate, the question or questions consequent thereon 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.
Procedure in general 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) the quorum of a general 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)The public shall be admitted to a general committee unless the committee otherwise orders.
(3)
(a)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 shall have the like powers as are given to the Speaker, the Chairman of Ways and Means and either Deputy Chairman respectively by Standing Order No. 32 (Selection of amendments).
(b)Standing Orders No. 29 (Powers of chair to propose question), No. 36 (Closure of debate) and No. 37 (Majority for closure or for proposal of question) shall apply to general 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)The chair of a general committee shall have the like powers as are given to a chair of a committee of the whole House under the following Standing Orders:
No. 42A (Sub judice), and
(d)The following Standing Orders shall apply to general committees:
(4)On a division being called in the House or a committee of the whole House the chair of a general committee shall suspend the proceedings of the committee for such time as will, in his 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.
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 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:Provided that no such notice shall be given until the bill has been printed and delivered to the Vote Office.
(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 of public business on any day when private Members’ bills have precedence under the provisions of Standing Order No. 14 (Arrangement of public business), that the said bill be referred to a second reading committee, and the question thereupon shall be put forthwith. If such a motion be 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.
(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 shall be put forthwith.
91.—
[Repealed, 1 November 2006].
Consideration on report of certain bills by a general 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 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.
(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.
Scottish Grand Committee (composition and business)
93.—
(1)There shall be a general committee called the Scottish Grand Committee, which shall consist of all Members representing Scottish constituencies; and of which (subject to paragraph (6) of Standing Order No. 100 (Scottish Grand Committee (sittings))) the quorum shall be ten.
(2)The business of the Committee shall include—
(c)ministerial statements proceeded with in accordance with Standing Order No. 96 (Scottish Grand Committee (ministerial statements));
(d)bills referred to it for consideration or further consideration in relation to their principle, in accordance with Standing Order No. 97 (Scottish Grand Committee (bills in relation to their principle));
(e)motions relating to instruments (whether or not in draft) referred to it in accordance with Standing Order No. 98 (Scottish Grand Committee (delegated legislation));
(f)motions for the adjournment of the committee, notice of which has been given in accordance with Standing Order No. 99 (Scottish Grand Committee (substantive motions for the adjournment)); and
(g)motions for the adjournment of the committee made under paragraph (6) of Standing Order No. 100 (Scottish Grand Committee (sittings)).
(3)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 the committee and may make a motion, but shall not vote or be counted in the quorum.
Scottish Grand Committee (questions for oral answer)
94.—
(1)Notices of questions for oral answer in the Scottish Grand Committee by Scotland Office ministers or Scottish law officers on a day specified in an order made under paragraph (1) of Standing Order No. 100 (Scottish Grand Committee (sittings)), 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 Scottish 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 No. 100 (Scottish Grand Committee (sittings)) for the taking of questions.
(4)On any day so specified under paragraph (1) of Standing Order No. 100 (Scottish Grand Committee (sittings)), questions shall be taken at the commencement of the sitting; no question shall be taken later than threequarters of an hour after the commencement of the proceedings thereon; and replies to questions not reached shall be printed 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 that on which an answer is desired 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.
Scottish Grand Committee (short debates)
95.—
(1)Notices of subjects to be raised in short debates in the Scottish Grand Committee, on a day specified in an order made under paragraph (1) of Standing Order No. 100 (Scottish Grand Committee (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 Scotland.
(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. 100 (Scottish Grand Committee (sittings)) for the holding of short debates.
(4)On any day so specified such debates shall be held at the commencement of the sitting or, if the order under paragraph (1) specifies also the taking of questions on that day, immediately after questions.
(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 commencement 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 subparagraph (b) to resume his seat forthwith.
(5)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.
Scottish Grand Committee (ministerial statements)
96.—
(1)The chair of the Scottish 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, and to answer questions thereon put by members of the committee.
(2)Ministerial statements may be made for the purpose of—
(a)facilitating the questioning by members of the committee of the Minister of the Crown about a matter relating to his 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 subparagraph 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 a conclusion 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 commencement of such proceedings, on which motion the question shall be put forthwith, or, if no such motion is made, not later than threequarters of an hour after their commencement; or
(b)announcing the policy of the government on a matter relating to Scotland or the response of the government to an event relating to Scotland, in which case proceedings under this order shall be brought to a conclusion at the discretion of the chair.
(3)Ministerial statements may be made—
(a)at the commencement of a sitting; or
(b)if questions are taken, immediately after the conclusion of proceedings thereon; or
(c)if short debates are held, immediately after the conclusion of those proceedings.
(4)A Minister of the Crown making a statement under paragraph (1) of this order, who is not a Member of the House, may not do so from the body of the committee; and shall not vote, make any motion or be counted in the quorum.
Scottish Grand Committee (bills in relation to their principle)
97.—
(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 thereon shall be put forthwith and may be decided at any hour, though opposed: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 thereon: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 timelimit 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 public bill committee’; and the question thereon shall be put forthwith and may be decided at any hour, though opposed.
(6)If a motion made under the preceding paragraph be 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 conclusion 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 thereon shall be put forthwith and may be decided at any hour, though opposed: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 thereon: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 timelimit 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 thereon shall be put forthwith and may be decided at any hour, though opposed.
Scottish Grand Committee (delegated legislation)
98.—
(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 legislative reform order) be approved,
a motion may be made by a Minister of the Crown, ‘That the instrument be referred to the Scottish Grand Committee’; and the question on such motion shall be put forthwith and may be decided at any hour, though opposed.
(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 one and a half hours after the commencement of proceedings thereon; and shall thereupon report the instrument to the House without any further question being put.
(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 thereon; which may be decided at any hour, though opposed.
Scottish Grand Committee (substantive motions for the adjournment)
99.—
(1)On each of the days specified in an order of the House under paragraph (1) of Standing Order No. 100 (Scottish Grand Committee (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 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. 100 (Scottish Grand Committee (sittings)) on which business is to be interrupted five hours or more after the commencement 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.
Scottish Grand Committee (sittings)
100.—
(1)A motion may be made by a Minister of the Crown providing (or varying previous provision) for the Scottish Grand Committee—
(a)to sit on specified days in Scotland (or at specified places in Scotland), the sitting commencing, and proceedings being interrupted, at such hours as may be specified;
(b)to sit on other specified days at Westminster at such hours as may be specified;
(c)to take questions under Standing Order No. 94 (Scottish Grand Committee (questions for oral answer))on certain of the days specified under paragraph (a) or paragraph (b) above;
(d)to hold short debates under Standing Order No. 95 (Scottish Grand Committee (short debates)) on certain of the days so specified; and
(e)to consider substantive motions for the adjournment of the committee under Standing Order No. 99 (Scottish Grand Committee (substantive motions for the adjournment)) on not more than twelve of the days so specified:
and the Speaker shall put forthwith the question on such a motion, which may be decided after the time for opposed business:Provided that nothing in this order shall prevent the committee from considering further at a sitting at Westminster business adjourned at a previous sitting in Scotland, nor from considering at a sitting in Scotland business adjourned at a sitting at Westminster.
(2)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 the Scottish Grand Committee.
(3)Other than as provided in paragraph (1) of Standing Order No. 99 (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.
(4)The chair shall interrupt proceedings (other than on a motion made under paragraph (6) below) at the time specified in relation to the sitting by an order made under paragraph (1)above, or, in the absence of such provision, at the time specified in paragraph (2) of Standing Order No. 88 (Meetings of general committees), subject to the proviso to that paragraph.
(5)At the moment of interruption, proceedings under consideration and not disposed of shall stand adjourned (except substantive motions for the adjournment of the committee under Standing Order No. 99 (Scottish Grand Committee (substantive motions for the adjournment)).
(6)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 member of the government, 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; and in respect of business taken under this paragraph, the quorum of the committee shall be three.
101.—
[Repealed, 1 November 2006].
Welsh Grand Committee (composition and business)
102.—
(1)There shall be a general committee called the Welsh Grand Committee, which shall consist of all Members representing Welsh constituencies, together with not more than five other Members nominated by the Committee of Selection, which shall have power from time to time to discharge the Members so nominated by it and to appoint others in substitution for those discharged.
(2)The quorum of the committee shall be seven, subject to paragraph (5) of Standing Order No. 108 (Welsh Grand Committee (sittings)).
(3)The business of the committee shall include—
(b)short debates held in accordance with Standing Order No. 104 (Welsh Grand Committee (short debates));
(c)ministerial statements proceeded with under Standing Order No. 105 (Welsh Grand Committee (ministerial statements));
(d)bills referred to it in accordance with Standing Order No. 106 (Welsh Grand Committee (bills));
(e)such specified matters relating exclusively to Wales as may be referred to it in accordance with Standing Order No. 107 (Welsh Grand Committee (matters relating exclusively to Wales)); and
(f)motions for the adjournment of the committee, made under paragraph (5) of Standing Order No. 108 (Welsh Grand Committee (sittings)).
(4)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 the committee and may make a motion, but shall not vote or be counted in the quorum.
Welsh Grand Committee (questions for oral answer)
103.—
(1)Notices of questions for oral answer in the Welsh Grand Committee by Wales Office ministers on a day specified in an order made under paragraph (1) of Standing Order No. 108 (Welsh Grand Committee (sittings)) 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 Welsh 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 No. 108 (Welsh Grand Committee (sittings)) for the taking of questions.
(4)On any day so specified under paragraph (1) of Standing Order No. 108 (Welsh Grand Committee (sittings)), questions shall be taken at the commencement of the sitting; no such question shall be taken later than half an hour after the commencement of the proceedings thereon; and replies to questions not reached shall be printed 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 that on which an answer is desired, 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.
Welsh Grand Committee (short debates)
104.—
(1)Notices of subjects to be raised in short debates in the Welsh Grand Committee, on a day specified in an order made under paragraph (1) of Standing Order No. 108 (Welsh Grand Committee (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 Wales.
(3)No 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. 108 (Welsh Grand Committee (sittings)) for the holding of short debates.
(4)On any day so specified such debates shall be held at the commencement 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 commencement 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 subparagraph (b) to resume his seat forthwith.
(6)Notice 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.
Welsh Grand Committee (ministerial statements)
105.—
(1)The chair of the Welsh 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, on a matter relating to Wales, and to answer questions thereon put by members of the committee.
(2)Ministerial statements may be made—
(a)at the commencement of a sitting; or
(b)if questions are taken, immediately after the conclusion of proceedings thereon; or
(c)if short debates are held, immediately after the conclusion of those proceedings.
(3)Proceedings under this order shall be brought to a conclusion at the discretion of the chair.
(4)A Minister of the Crown making a statement under paragraph (1) of this order, who is not a Member of the House, may not do so from the body of the committee; and shall not vote, make any motion or be counted in the quorum.
Welsh Grand Committee (bills)
106.—
(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 of public business, that a public bill be referred to the Welsh Grand Committee, and the question thereon 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:Provided that no such notice shall be given until the bill has been printed and delivered to the Vote Office.
(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 thereon shall be put forthwith.
Welsh Grand Committee (matters relating exclusively to Wales)
107.—
(1)A motion may be made by a Minister of the Crown at the commencement of public business to the effect that a specified matter or matters relating exclusively to Wales be referred to the Welsh Grand Committee for its consideration, and the question thereon shall be put forthwith.
(2)If such a motion be agreed to, the committee shall consider the matter or matters referred to it and shall report only that it has considered the said matter or matters.
Welsh Grand Committee (sittings)
108.—
(1)A motion may be made by a Minister of the Crown providing (or varying previous provision) for the Welsh Grand Committee—
(a)to sit on specified days in Wales (or at specified places in Wales), the sitting commencing, and proceedings being interrupted, at such hours as shall be specified;
(b)to sit on other specified days at Westminster at such hours as may be specified;
(c)to take questions under Standing Order No. 103 (Welsh Grand Committee (questions for oral answer))on certain of the days specified under paragraph (a) or paragraph (b) above;
(d)to hold short debates under Standing Order No. 104 (Welsh Grand Committee (short debates)) on certain of the days so specified;
(e)to consider specified bills which shall have been referred to it under Standing Order No. 106 (Welsh Grand Committee (bills)) on certain of the days so specified; and
(f)to consider specified matters which shall have been referred to it under Standing Order No. 107 (Welsh Grand Committee (matters relating exclusively to Wales)) on certain of the days so specified;
and the Speaker shall put forthwith the question on such a motion, which may be decided at any hour, though opposed:Provided that nothing in this order shall prevent the committee from considering further at a sitting at Westminster business adjourned at a previous sitting in Wales, nor from considering at a sitting in Wales business adjourned at a sitting at Westminster.
(2)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 the Welsh Grand Committee.
(3)The chair shall interrupt proceedings (other than on a motion made under paragraph (5) below) at the time specified in relation to the sitting by an order made under paragraph (1)above or, in the absence of such provision, at the time specified in paragraph (2) of Standing Order No. 88 (Meetings of general committees), subject to the proviso to that paragraph.
(4)At the moment of interruption, proceedings under consideration and not disposed of shall stand adjourned.
(5)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; and in respect of business taken under this paragraph, the quorum of the committee shall be three.
Northern Ireland Grand Committee (composition and business)
109.—
(1)There shall be a general committee called the Northern Ireland Grand Committee, which shall consist of all Members representing constituencies in Northern Ireland, together with not more than twentyfive other Members nominated by the Committee of Selection, which shall have power from time to time to discharge the Members so nominated by it and to appoint others in substitution for those discharged.
(2)The quorum of the committee shall be ten, subject to paragraph (5) of Standing Order No. 116 (Northern Ireland Grand Committee (sittings)).
(3)The business of the committee shall include—
(d)bills referred to it for consideration or further consideration in relation to their principle, in accordance with Standing Order No. 113 (Northern Ireland Grand Committee (bills in relation to their principle));
(e)such legislative proposals and other specified matters relating exclusively to Northern Ireland as may be referred to it in accordance with Standing Order No. 114 (Northern Ireland Grand Committee (legislative proposals and other matters relating exclusively to Northern Ireland));
(f)instruments (whether or not in draft) referred to it in accordance with Standing Order No. 115 (Northern Ireland Grand Committee (delegated legislation)); and
(g)motions for the adjournment of the committee, made under paragraph (5) of Standing Order No. 116 (Northern Ireland Grand Committee (sittings)).
(4)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 the committee and may make a motion, but shall not vote or be counted in the quorum.
Northern Ireland Grand Committee (questions for oral answer)
110.—
(1)Notices of questions for oral answer in the Northern Ireland Grand Committee by Northern Ireland Office ministers on a day specified in an order made under paragraph (1) of Standing Order No. 116 (Northern Ireland Grand Committee (sittings)) 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 Northern Ireland 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 No. 116 (Northern Ireland Grand Committee (sittings)) for the taking of questions.
(4)On any day so specified under paragraph (1) of Standing Order No. 116 (Northern Ireland Grand Committee (sittings)), questions shall be taken at the commencement of the sitting; no such question shall be taken later than half an hour after the commencement of the proceedings thereon; and replies to questions not reached shall be printed 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 that on which an answer is desired, 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.
Northern Ireland Grand Committee (short debates)
111.—
(1)Notices of subjects to be raised in short debates in the Northern Ireland Grand Committee, on a day specified in an order made under paragraph (1) of Standing Order No. 116 (Northern Ireland Grand Committee (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 Northern Ireland.
(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. 116 (Northern Ireland Grand Committee (sittings)), for the holding of short debates.
(4)On any day so specified such debates shall be held at the commencement 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 commencement 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 subparagraph (b) to resume his seat forthwith.
(6)Notice 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.
Northern Ireland Grand Committee (ministerial statements)
112.—
(1)The chair of the Northern Ireland 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, on a matter relating to Northern Ireland, and to answer questions thereon put by members of the committee.
(2)Ministerial statements may be made—
(a)at the commencement of a sitting; or
(b)if questions are taken, immediately after the conclusion of proceedings thereon; or
(c)if short debates are held, immediately after the conclusion of those proceedings.
(3)Proceedings under this order shall be brought to a conclusion at the discretion of the chair.
(4)A Minister of the Crown making a statement under paragraph (1) of this order, who is not a Member of the House, may not do so from the body of the committee; and shall not vote, make any motion or be counted in the quorum.
Northern Ireland Grand Committee (bills in relation to their principle)
113.—
(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 thereon shall be put forthwith and may be decided at any hour, though opposed: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 thereon: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 timelimit 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 thereon shall be put forthwith and may be decided at any hour, though opposed.
(5)At the conclusion 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 thereon shall be put forthwith and may be decided at any hour, though opposed: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 thereon: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 timelimit 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 thereon shall be put forthwith and may be decided at any hour, though opposed.
Northern Ireland Grand Committee (legislative proposals and other matters relating exclusively to Northern Ireland)
114.—
(1)A motion may be made by a Minister of the Crown at the commencement of public business to the effect that a legislative proposal or other specified matter relating exclusively to Northern Ireland be referred to the Northern Ireland Grand Committee for its consideration, and the question thereon shall be put forthwith.
(2)If such a motion be agreed to, the committee shall consider the legislative proposal or matter referred to it and shall report only that it has considered the said legislative proposal or matter.
(3)In this order and in Standing Orders No. 109 (Northern Ireland Grand Committee (composition and business)) and No. 116 (Northern Ireland Grand Committee (sittings)) ‘a legislative proposal’ means a proposal for a draft Order in Council relating exclusively to Northern Ireland.
Northern Ireland Grand Committee (delegated legislation)
115.—
(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 legislative reform order) be approved,
a motion may be made by a Minister of the Crown, ‘That the instrument be referred to the Northern Ireland Grand Committee’; and the question on such motion shall be put forthwith and may be decided at any hour, though opposed.
(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 two and a half hours after the commencement of proceedings thereon; and shall thereupon report the instrument to the House without any further question being put:Provided that 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 timelimit specified in this paragraph; 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 thereon; which may be decided at any hour, though opposed.
Northern Ireland Grand Committee (sittings)
116.—
(1)A motion may be made by a Minister of the Crown providing (or varying previous provision) for the Northern Ireland Grand Committee—
(a)to sit on not more than two specified days in Northern Ireland (at places to be named by the Member appointed chair), the sitting commencing, and proceedings being interrupted, at such hours as shall be specified;
(b)to sit on other specified days at Westminster at such hours as shall be specified;
(c)to take questions under Standing Order No. 110 (Northern Ireland Grand Committee (questions for oral answer)) on certain of the days specified under paragraph (a) or paragraph (b) above;
(d)to hold short debates under Standing Order No. 111 (Northern Ireland Grand Committee (short debates)) on certain of the days so specified;
(e)to consider specified bills which shall have been referred to it under Standing Order No. 113 (Northern Ireland Grand Committee (bills in relation to their principle)) on certain of the days so specified;
(f)to consider legislative proposals and other specified matters which shall have been referred to it under Standing Order No. 114 (Northern Ireland Grand Committee (legislative proposals and other matters relating exclusively to Northern Ireland)) on certain of the days so specified;
(g)to consider specified instruments (whether or not in draft) which shall have been referred to it under Standing Order No. 115 (Northern Ireland Grand Committee (delegated legislation)) on certain of the days so specified; and
(h)to consider motions for the adjournment of the committee made under paragraph (5) below on certain of the days so specified;
and the Speaker shall put forthwith the question on such a motion, which may be decided at any hour, though opposed:Provided that nothing in this order shall prevent the committee from considering further at a sitting at Westminster business adjourned at a previous sitting in Northern Ireland, nor from considering at a sitting in Northern Ireland business adjourned at a sitting at Westminster.
(2)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 the Northern Ireland Grand Committee.
(3)The chair shall interrupt proceedings (other than on a motion made under paragraph (5) below) at the time specified in relation to the sitting by an order made under paragraph (1)above or, in the absence of such provision, at the time specified in paragraph (2) of Standing Order No. 88 (Meetings of general committees), subject to the proviso to that paragraph.
(4)At the moment of interruption, proceedings under consideration and not disposed of shall stand adjourned.
(5)On a day specified in an order made under paragraph (1)above, 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; and, in respect of business taken under this paragraph, the quorum of the committee shall be three.
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 and conclusion 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 shall be put forthwith and may be decided at any hour, though opposed.
(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 no later than three hours after their commencement.
(8)At the commencement 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.
(9)No question on a statement by a Minister of the Crown shall be taken after the expiry of a period of one hour from the commencement of the first such statement, except that the chair may, at his 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 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, except when otherwise provided by any order of the House made in accordance with paragraph (6) above.
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 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, 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 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 of public business, that the instrument be referred to such a committee, and the question thereon 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.
(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, 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 of those proceedings; and the committee shall thereupon 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 and such question may be decided at any hour, though opposed.
European Committees
119.—
(1)There shall be three general 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.
(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 (Select committees related to government departments) 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; 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, in respect of each motion relative to a European Union document or documents referred to a European Committee of which a Minister shall have 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:Provided that the chair may, if he sees fit, allow questions to be taken for a further period of not more than half an hour after the expiry of that period.
(10)Following the conclusion 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 have not been previously concluded, the chair shall interrupt the consideration of such motion and amendments when the committee shall have 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 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 this paragraph, though opposed, may be decided after the expiration of the time for opposed business.
(12)With the modifications provided in this order, the following Standing Orders shall apply to European Committees—No. 85 (Chair of general committees);No. 88 (Meetings of general committees); andNo 89 (Procedure in general committees).
Business sub-committees
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 subcommittee thereof to be called the business subcommittee.
(2)A business subcommittee shall consist of the chair or one of the chairs of the committee (who shall be chair of the subcommittee) 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 subcommittee shall be four, of whom the chair so nominated shall be one; and the subcommittee shall have power to report from time to time to the committee.
(3)A subcommittee 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, shall be brought to a conclusion.
(4)All such resolutions shall be reported to the committee at the commencement of the next sitting of the committee and shall be recorded in the minutes of the proceedings of the committee.
(5)Whenever a subcommittee 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 subcommittee 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 recommitted to the business subcommittee.
Select committees, &c.
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 intends so to propose, shall endeavour to ascertain previously whether each such Member will give his attendance on the committee, and shall endeavour to give notice to any Member whom he 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, the Committee of Privileges 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.
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.
Term limits for chairs of select committees
122A.—
Unless the House otherwise orders, no select committee may have as its chair any Member who has served as chair of that committee for the two previous Parliaments or a continuous period of eight years, whichever is the greater period.
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:
(b)the Environmental Audit Committee;
(c)the Petitions Committee;
(d)the Public Administration and Constitutional Affairs Committee;
(e)the Committee of Public Accounts;
(f)the Procedure Committee; and
(g)the Committee on Standards.
(2)The day following his 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, 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 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 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 5.00 pm on the day before the ballot.
(b)Each nomination shall consist of a signed statement made by the candidate declaring his 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.
(e)No Member may be a candidate for the chair of a select committee which has not been allocated to his party under paragraph (3) of this order or otherwise, or for which he 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 or the Committee on Standards unless his 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 5.00pm 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 is elected chair.
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 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.
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 day 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 10.00am and 5.00 pm on the day 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.
(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.
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.
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 subcommittees thereof meet concurrently pursuant to sub-paragraphs (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 present; and if at any time during the sitting of a select committee a quorum shall 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 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.
Select committees (admission of the public)
125.—
(1)A select committee shall have power, if it so orders, to admit the public during oral evidence sessions.
(2)A subcommittee appointed by such a select committee shall have a like power except as that committee otherwise orders.
Withdrawal of Members from meetings of select committees
126.—
If any select committee, or subcommittee 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 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 this order.
Withdrawal of documents before select committee
127.—
No document received by the clerk of a select committee shall be withdrawn or altered without the knowledge and approval of the committee.
Entry on formal minutes of select committee
128.—
The names of the Members present at each sitting of a select committee and, if a division takes place, the name of the proposer of the motion or amendment, the question put, and the respective votes thereupon of the Members present shall be entered on the formal minutes of the committee.
Formal minutes to be reported
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.
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.
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.
Administration of oath in select committee
132.—
Any oath taken or affirmation made by any witness before a select committee may be administered by the chair, or by the clerk attending such 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, 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.
Select committees (reports)
134.—
All select committees shall have power to authorise the Clerk of the House to supply copies of their reports to officers of government departments, to such witnesses who have given evidence to committees or to their subcommittees as those committees consider appropriate, to lobby journalists, and to such other press representatives as the committee thinks fit, after those reports have been laid upon the Table but not more than seventytwo hours before the intended time of publication of such reports.
Witnesses and evidence (select committees)
135.—
(1)All select committees having power to send for persons, papers and records shall have power to publish the names of persons who have appeared as witnesses before them, and to authorise the publication by the witnesses concerned or otherwise of written evidence submitted by them.
(2)The Speaker shall have power to authorise such publication in the case of any such select committee which is no longer in existence.
Publication of evidence (select committees)
136.—
When evidence has been given before a select committee meeting in public, no complaint of privilege will be entertained on the ground that it has been published before having been reported to the House.
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 subcommittee appointed by it or any papers laid before it should be reported to the House and printed, it shall have power to direct the printing of such report, minutes or papers, and such printing 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.
Select committees: power to work with other committees
137A.—
(1)Any select committee or subcommittee with power to send for persons, papers and records shall have power—
(a)to communicate its evidence to any other select committee or subcommittee 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 subcommittee of either House of Parliament for the purpose of deliberating or taking evidence;
(ba) to agree with any other select committee or sub-committee 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
(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).
Members (attendance at Lords select committees)
138.—
Any Member requested by a committee appointed by the Lords to attend as a witness before it or before any subcommittee appointed by it shall have the leave of this House so to attend, if the Member think fit.
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 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 shall also be considered by the Finance Committee.
(2)The committee shall make rules and give directions to Officers 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 eleven Members.
(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 sub-committees and to refer to such sub-committees any of the matters referred to the committee and to delegate to such sub-committees 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 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.
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 the Consolidation of Enactments (Procedure) Act 1949, together with any memoranda laid pursuant to 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.
Regulatory Reform Committee
141.—
(1)There shall be a select committee, called the Regulatory Reform Committee, to examine and report on—
(i) every draft order laid before the House under sections 14 or 18 of the Legislative and Regulatory Reform Act 2006 (‘the Act’), other than one laid under section 18 of the Act as applied by section 7 of the Localism Act 2011 or by section 5E of the Fire and Rescue Services Act 2004;
(ii) any subordinate provisions order or draft of such an order made or proposed to be made under sections 1 and 4 of the Regulatory Reform Act 2001 (except those not made by a Minister of the Crown);
(iii) any matter arising from its consideration of such orders or draft orders; and
(iv) matters relating to regulatory reform;
and to carry out its functions under Standing Order No. 142 (Localism Act 2011, etc.: scrutiny of certain orders and draft orders).
(2)In the case of every draft order referred to in paragraph (1)(i) above the committee shall consider the Minister’s recommendation under section 15(1) of the Act as to the procedure which should apply to it and shall report to the House any recommendation under the Act that a different procedure should apply.
(3)In its consideration of draft orders under Part 1 of the Act the committee shall include in each case, in addition to such other matters as it deems appropriate, whether provision in the draft order—
(a)appears to make an inappropriate use of delegated legislation;
(b)serves the purpose of removing or reducing a burden, or the overall burdens, resulting directly or indirectly for any person from any legislation (in respect of a draft order under section 1 of the Act);
(c)serves the purpose of securing that regulatory functions are exercised so as to comply with the regulatory principles, as set out in section 2(3) of the Act (in respect of a draft order under section 2 of the Act);
(d)secures a policy objective which could not be satisfactorily secured by non-legislative means;
(e)has an effect which is proportionate to the policy objective;
(f)strikes a fair balance between the public interest and the interests of any person adversely affected by it;
(g)does not remove any necessary protection;
(h)does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
(i)is not of constitutional significance;
(j)makes the law more accessible or more easily understood (in the case of provisions restating enactments);
(k)has been the subject of, and takes appropriate account of, adequate consultation;
(l)gives rise to an issue under such criteria for consideration of statutory instruments laid down in paragraph (1) of Standing Order No. 151 (Statutory Instruments (Joint Committee)) as are relevant;
(m)appears to be incompatible with any obligation resulting from membership of the European Union:
Provided that in the case of draft orders under section 20 of the Act, those criteria which are not relevant to provisions made pursuant to section 2(2) of the European Communities Act 1972 need not be taken into consideration in relation to those provisions.
(4)In relation to every draft order laid under section 14 of the Act subject to the negative or affirmative procedure under sections 16 or 17 of the Act, the committee shall report its recommendation whether the draft order should be made (in the case of the negative procedure) or approved (in the case of the affirmative procedure), indicating in the case of the latter whether the recommendation was agreed without a division.
(5)In relation to every draft order laid under section 14 of the Act subject to the super-affirmative procedure under section 18 of the Act, the committee shall report its recommendation as to whether—
(a)the draft order should be proceeded with unamended under section 18(3) of the Act; or
(b)a revised draft order should be laid under section 18(7) of the Act; or
(c)no statement under section 18(3) or revised draft order under section 18(7) should be laid.
(6)In relation to every draft order or revised draft orderreferred to in paragraph (1)(i) of this order that is subject to the super-affirmative procedure and is being proceeded with under section 18(3) or 18(7) of the Act, the committee shall report its recommendation whether the draft order or revised draft order should be approved, indicating in the case of draft orders which it recommends should be approved whether its recommendation was agreed without a division; and in respect of such draft orders or revised draft orders the committee shall consider in each case all such matters set out in paragraph (3)of this order as are relevant and the extent to which the Minister concerned has had regard to any resolution or report of the committee or to any other representations made during the period for parliamentary consideration.
(7)It shall be an instruction to the committee considering draft orders referred to in paragraph (1)(i) of this order andbeing proceeded with under section 18(3) or 18(7) that it report not more than fifteen sitting days (in the case of an order under section 18(3)) or twenty-five sitting days (in the case of an order under section 18(7)) after the relevant statement is laid.
(8)In relation to every draft order or revised draft order referred to in paragraph (1)(i) of this order, the committee shall report any recommendation under section 16(4) of the Act that the draft order be not made, or under sections 17(3), 18(5) or 18(9) of the Act that no further proceedings be taken in relation to the draft order.
(9)In its consideration of any subordinate provisions order under paragraph (1)(ii) of this order, the committee shall in each case consider whether the special attention of the House should be drawn to it on any of the grounds laid down in paragraph (1) of Standing Order No. 151 (Statutory Instruments (Joint Committee)); and if the committee is of the opinion that any such order or draft order should be annulled, or, as the case may be, should not be approved, they shall report that opinion to the House.
(10)The committee shall consist of fourteen members; and, 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.
(11)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 appoint a sub-committee, of which the quorum shall be two, which shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, and to adjourn from place to place.
(12)The committee and the sub-committee shall have the assistance of the Counsel to the Speaker.
(13)The committee and the sub-committee shall have power to invite Members of the House who are not members of the committee to attend meetings at which witnesses are being examined in relation to matters within paragraphs (1)(i) to (iii)or within paragraph (1) of Standing Order No. 142 (Localism Act 2011, etc.: scrutiny of certain orders and draft orders) and such Members may, at the discretion of the chair, ask questions of those witnesses; but no Member not being a member of the committee shall otherwise take part in the proceedings of the committee or sub-committee, or be counted in the quorum.
(14)It shall be an instruction to the committee that before reporting on a draft order it shall afford to any government department concerned an opportunity of furnishing orally or in writing to it or to the sub-committee appointed by it such explanations as the department thinks fit, except to the extent that the committee considers that it is not reasonably practicable to do so without risking the opportunity for effective exercise of a function conferred on it under section 15, 16, 17 or 18 of the Act or under section 19 of the Localism Act 2011.
Localism Act 2011, etc.: scrutiny of certain orders and draft orders
142.—
(1)The Regulatory Reform Committee shall examine and report on—
(i) every draft order laid before the House under or by virtue of section 7 of the Localism Act 2011 or section 5E of the Fire and Rescue Services Act 2004;
(ii) every draft order laid before the House under section 19 of the Localism Act 2011.
(2)In the case of every draft order referred to in paragraph (1)(i) the committee shall consider the Minister’s recommendation under section 15(1) of the Legislative and Regulatory Reform Act 2006 (‘the 2006 Act’) as to the procedure which should apply to it and shall report to the House any recommendation under that Act that a different procedure should apply.
(3)In its consideration of a draft order referred to in paragraph (1)(i) the committee shall include, in addition to such other matters as it deems appropriate, whether provision in the draft order—
(a)appears to make an inappropriate use of delegated legislation;
(b)has an effect which is proportionate to the policy objective intended to be secured;
(c)strikes a fair balance between the public interest and the interests of any person adversely affected by it;
(d)does not remove any necessary protection;
(e)does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
(f)is not of constitutional significance;
(g)has been the subject of, and takes appropriate account of, adequate consultation;
(h)gives rise to an issue under such criteria for consideration of statutory instruments laid down in paragraph (1) of Standing Order No. 151 (Statutory Instruments (Joint Committee)) as are relevant.
(4)In its consideration of a draft order referred to in paragraph (1)(ii) the committee shall include, in addition to such other matters as it deems appropriate, whether provision in the draft order—
(a)appears to make an inappropriate use of delegated legislation;
(b)gives rise to an issue under such criteria for consideration of statutory instruments laid down in paragraph (1) of Standing Order No. 151 (Statutory Instruments (Joint Committee)) as are relevant.
(5)In relation to every draft order laid under section 7(2) of the Localism Act 2011 or section 5E(2) of the Fire and Rescue Services Act 2004 subject to the negative or affirmative procedure under section 16 or 17 of the 2006 Act, the committee shall report its recommendation whether the draft order should be made (in the case of the negative procedure) or approved (in the case of the affirmative procedure), indicating in the case of the latter whether the recommendation was agreed without a division.
(6)In relation to every draft order laid under section 7(2) of the Localism Act 2011 or section 5E(2) of the Fire and Rescue Services Act 2004 subject to the super-affirmative procedure under section 18 of the 2006 Act, the committee shall report its recommendation as to whether—
(a)the draft order should be proceeded with unamended under section 18(3) of the 2006 Act; or
(b)a revised draft order should be laid under section 18(7) of the 2006 Act; or
(c)no statement under section 18(3) of the 2006 Act or revised draft order under section 18(7) of the 2006 Act should be laid.
(7)In relation to every draft order or revised draft order referred to in paragraph (1)(i) of this order that is subject to the super-affirmative procedure and is being proceeded with under section 18(3) or 18(7) of the 2006 Act, the committee shall report its recommendation whether the draft order or revised draft order should be approved, indicating in the case of draft orders which it recommends should be approved whether its recommendation was agreed without a division; and in respect of such draft orders or revised draft orders the committee shall consider in each case all such matters set out in paragraph (3)of this order as are relevant and the extent to which the Minister concerned has had regard to any resolution or report of the committee or to any other representations made during the period for parliamentary consideration.
(8)It shall be an instruction to the committee considering draft orders referred to in paragraph (1)(i) of this order and being proceeded with under section 18(3) or 18(7) of the 2006 Act that it report not more than fifteen sitting days (in the case of an order under section 18(3) of the 2006 Act) or twenty-five sitting days (in the case of an order under section 18(7) of the 2006 Act) after the relevant statement is laid.
(9)In relation to every draft order or revised draft order referred to in paragraph (1)(i) of this order, the committee shall report any recommendation under section 16(4) of the 2006 Act that the draft order be not made, or under section 17(3), 18(5) or 18(9) of the 2006 Act that no further proceedings be taken in relation to the draft order.
(10)In relation to every draft order laid under section 19 of the Localism Act 2011, the committee shall report its recommendation as to whether—
(a)the draft order should be proceeded with unamended under section 19(3) of that Act; or
(b)a revised draft order should be laid under section 19(7) of that Act; or
(c)no statement under section 19(3) of that Act or revised draft order under section 19(7) of that Act should be laid.
(11)In relation to every draft order or revised draft order being proceeded with under section 19(3) or 19(7) of the Localism Act 2011, the committee shall report its recommendation whether the draft order or revised draft order should be approved, indicating in the case of draft orders which it recommends should be approved whether its recommendation was agreed without a division; and in respect of such draft orders or revised draft orders the committee shall consider in each case all such matters set out in paragraph (4)of this order as are relevant and the extent to which the Minister concerned has had regard to any resolution or report of the committee or to any other representations made during the period for parliamentary consideration.
(12)It shall be an instruction to the committee considering draft orders being proceeded with under section 19(3) or 19(7) of the Localism Act 2011 that it report not more than fifteen sitting days (in the case of an order under section 19(3) of that Act) or twenty-five sitting days (in the case of an order under section 19(7) of that Act) after the relevant statement is laid.
(13)In relation to every draft order or revised draft order referred to in paragraph (1)(ii) of this order, the committee shall report any recommendation under section 19(5) or 19(9) of the Localism Act 2011 that no further proceedings be taken in relation to the draft order.
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 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 sub-committees 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 Public Administration and Constitutional Affairs Committee, 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.
Finance Committee
144.—
(1)There shall be a select committee, to be called the Finance 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 Executive Committee, 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 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.
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 on such days as may be appointed by the Speaker in pursuance of paragraph (15) 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 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 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 this paragraph, though opposed, may be decided after the expiration of the time for opposed business.
(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 sub-committees, 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 sub-committee;
(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.
Petitions Committee
145A.—
(1)There shall be a select committee, called the Petitions Committee, to consider public petitions presented to the House and e-petitions submitted through the House of Commons and Government e­petitions site.
(2)The committee shall consist of not more than eleven members.
(3)The committee shall have power to send for persons, papers and records, to adjourn from place to place, and to report from time to time.
(4)The committee shall have power to appoint a sub-committee, which shall have power to send for persons, papers and records, to adjourn from place to place, and to report to the committee from time to time.
(5)The committee shall have power to report from time to time the evidence taken before the sub-committee.
(6)The quorum of the sub-committee shall be three.
(7)The committee shall be responsible for determining whether a sitting should take place in Westminster Hall under paragraph (1)(a) of Standing Order No. 10 (Sittings in Westminster Hall) to consider one or more petitions or e-petitions, and shall report any such determination to the House.
Public Administration and Constitutional Affairs Committee
146.—
(1)There shall be a select committee, to be called the Public Administration and Constitutional Affairs Committee, to examine the reports of the Parliamentary Commissioner for Administration and the Health Service Commissioner for England, which are laid before this House, and matters in connection therewith; to consider matters relating to the quality and standards of administration provided by civil service departments, and other matters relating to the civil service; and to consider constitutional affairs.
(2)The committee shall consist of eleven Members.
(3)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 appoint specialist advisers to supply information which is not readily available or to elucidate matters of complexity within the committee’s order of reference.
(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.
(5)The committee shall have power to appoint a subcommittee, which 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.
(6)The committee shall have power to report from time to time the evidence taken before the subcommittee.
(7)The quorum of the subcommittee shall be three.
Procedure Committee
147.—
(1)There shall be a select committee, to be called the Procedure Committee, to consider the practice and procedure of the House in the conduct of public business, and to make recommendations.
(2)The committee shall consist of not more than seventeen Members.
(3)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, to report from time to time, and 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.
(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.
Committee of Public Accounts
148.—
(1)There shall be a select committee to be called the Committee of Public Accounts for the examination of the accounts showing the appropriation of the sums granted by Parliament to meet the public expenditure, and of such other accounts laid before Parliament as the committee may think fit, to consist of not more than sixteen members. The committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to report from time to time, 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 to adjourn from place to place.
(2)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.
Committee of Privileges
148A.—
(1)There shall be a select committee, called the Committee of Privileges, to consider specific matters relating to privileges referred to it by the House.
(2)The committee shall consist of seven Members, of whom three shall be a quorum.
(3)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.
(4)The committee shall have power to appoint sub-committees of whom three shall be a quorum, and to refer to such sub-committees any of the matters referred to the committee.
(5)The committee and any sub-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 legal advisers, and 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.
(6)The committee shall have power to order the attendance of any Member before the committee and to require that specific documents or records in the possession of a Member relating to its inquiries be laid before the committee or any sub-committee.
(7)The committee shall have power to refer to unreported evidence of former Committees on Standards and Privileges and of former Committees of Privileges and to any documents circulated to any such committee.
(8)The committee shall have power to refuse to allow proceedings to which the public are admitted to be broadcast.
(9)The Attorney General, the Advocate General and the Solicitor General, being Members of the House, may attend the committee, may take part in deliberations, may receive committee papers and may give such other assistance to the committee as may be appropriate, but shall not vote or make any motion or move any amendment or be counted in the quorum.
Committee on Standards
149.—
(1)There shall be a select committee, called the Committee on Standards—
(a)to oversee the work of the Parliamentary Commissioner for Standards; to examine the arrangements proposed by the Commissioner for the compilation, maintenance and accessibility of the Register of Members’ Financial Interests and any other registers of interest established by the House; to review from time to time the form and content of those registers; and to consider any specific complaints made in relation to the registering or declaring of interests referred to it by the Commissioner; and
(b)to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches in any code of conduct to which the House has agreed and which have been drawn to the committee’s attention by the Commissioner; and to recommend any modifications to such code of conduct as may from time to time appear to be necessary.
(2)The committee shall consist of seven Members, and seven lay members.
(3)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.
(4)The committee shall have power to appoint sub-committees and to refer to such sub-committees any of the matters referred to the committee.
(5)Lay members may take part in proceedings of the committee and of any sub-committee to which they are appointed and may ask questions of witnesses, but lay members may not move any motion or any amendment to any motion or draft report, and may not vote.
(6)The quorum of the committee shall be three members who are Members of this House and three lay members, and the quorum of any sub-committee shall be three, of whom at least one shall be a Member of this House and at least one a lay member.
(7)The committee and any sub-committee shall have power—
(a)to send for persons, papers and records, to sit notwithstanding any adjournment of the House and to adjourn from place to place;
(b)subject to the provisions of paragraph (8) of this order, to report from time to time;
(c)to appoint legal advisers, and 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.
(8)Any lay member present at a meeting at which a report has been agreed shall have the right to submit a paper setting out that lay member’s opinion on the report. The Committee shall not consider a motion that the Chair make a report to the House until it has ascertained whether any lay member present wishes to submit such a paper; and any such paper shall be appended to the report in question before it is made to the House.
(9)The committee shall have power to order the attendance of any Member before the committee or any sub-committee and to require that specific documents or records in the possession of a Member relating to its inquiries, or to the inquiries of a sub-committee or of the Commissioner, be laid before the committee or any sub-committee.
(10)The committee, or any sub-committee, shall have power to refer to unreported evidence of former Committees on Standards and Privileges and of former Committees on Standards and to any documents circulated to any such committee.
(11)The committee shall have power to refuse to allow proceedings to which the public are admitted to be broadcast.
(12)The Attorney General, the Advocate General and the Solicitor General, being Members of the House, may attend the committee or any sub-committee, may take part in deliberations, may receive committee or sub-committee papers and may give such other assistance to the committee or sub-committee as may be appropriate, but shall not vote or make any motion or move any amendment or be counted in the quorum.
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)The period of appointment of a lay member shall be specified in the resolution of the House for appointment and shall not exceed six years. The appointment of a lay member is not terminated by any dissolution of Parliament.
(3)No person who has once been a lay member may be appointed for a further term.
(4)No person may be 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.
(5)No person may be appointed as a lay member unless that person has been selected on the basis of a fair and open competition.
(6)A person appointed as a lay member may resign as a lay member by giving notice to the House of Commons Commission.
(7)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.
(8)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.
(9)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 of those proceedings.
(10)Business to which this order applies may be proceeded with at any hour, though opposed.
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 subcommittee 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 subcommittees 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 to the Committee on Standards or an appropriate subcommittee thereof; and
(e)to investigate, if he thinks fit, specific matters which have come to his 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 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 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 of the House for thepurpose 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 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 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 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 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 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 office or unable to carry out his functions; and any such report shall include a statement of the Committee’s reasons for its conclusion.
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, in pursuance of 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 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 in pursuance of 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 subcommittees severally to join with any subcommittee or subcommittees appointed by the committee appointed by the Lords; and to refer to such subcommittee or subcommittees any of the matters referred to the committee.
(4)The committee and any subcommittee 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 subcommittee appointed by it shall have power to sit notwithstanding any adjournment of the House.
(6)The committee and any subcommittee 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 subcommittee 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 subcommittee 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 subcommittee 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.
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 andSkills 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 11
5 Education Department for Education 11
6 Energy andClimate 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 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, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers) 11
13 Northern Ireland Affairs Northern Ireland Office; 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) 13
14 Science andTechnology 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 11
18 Welsh Affairs Wales Office (including relations with the National Assembly for Wales) 11
19 Women and Equalities(a) Government Equalities Office 11
20 Work and Pensions Department for Work and Pensions 11

(a) This amendment is to have effect until the end of the current Parliament.

(3)Each select committee appointed under this order shall have the power to appoint a subcommittee.
(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 subcommittees, and the formal minutes of subcommittees;
and the subcommittees 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.
Environmental Audit Committee
152A.—
(1)There shall be a select committee, called the Environmental Audit Committee, to consider to what extent the policies and programmes of government departments and nondepartmental public bodies contribute to environmental protection and sustainable development; to audit their performance against such targets as may be set for them by Her Majesty’s Ministers; and to report thereon to the House.
(2)The committee shall consist of sixteen members.
(3)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.
(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 appoint specialist advisers 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 appoint a sub-committee, which 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.
(6)The committee shall have power to report from time to time the evidence taken before the sub-committee.
(7)The quorum of the subcommittee shall be three.
Human rights (Joint Committee)
152B.—
(1)There shall be a select committee, to consist of six Members, to join with the committee appointed by the Lords as the Joint Committee on Human Rights.
(2)The committee shall consider—
(a)matters relating to human rights in the United Kingdom (but excluding consideration of individual cases);
(b)proposals for remedial orders, draft remedial orders and remedial orders made under section 10 of and laid under Schedule 2 to the Human Rights Act 1998; and
(c)in respect of draft remedial orders and remedial orders, whether the special attention of the House should be drawn to them on any of the grounds specified in Standing Order No. 151 (Statutory Instruments (Joint Committee)).
(3)The committee shall report to the House—
(a)in relation to any document containing proposals laid before the House under paragraph 3 of the said Schedule 2, its recommendation whether a draft order in the same terms as the proposals should be laid before the House; or
(b)in relation to any draft order laid under paragraph 2 of the said Schedule 2, its recommendation whether the draft order should be approved;
and the committee may report to the House on any matter arising from its consideration of the said proposals or draft orders.
(4)The committee shall report to the House in respect of any original order laid under paragraph 4 of the said Schedule 2, its recommendation whether—
(a)the order should be approved in the form in which it was originally laid before Parliament; or
(b)that the order should be replaced by a new order modifying the provisions of the original order; or
(c)that the order should not be approved,
and the committee may report to the House on any matter arising from its consideration of the said order or any replacement order.
(5)The quorum of the committee shall be two.
(6)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.
(7)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 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.
Tax law rewrite (Joint Committee)
152C.—
(1)There shall be a select committee, to consist of seven Members, to join with the committee appointed by the Lords as the Joint Committee on Tax Law Rewrite Bills, to consider tax law rewrite bills, and in particular to consider whether each bill committed to it preserves the effect of the existing law, subject to any minor changes which may be desirable.
(2)The committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to report from time to time, and 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.
(3)The quorum of the committee shall be two.
(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.
(5)The procedure of the Joint Committee shall follow the procedure of select committees of this House when such procedure differs from that of select committees of the House of Lords.
(6)The chair shall have the like powers of selection as are given to the chairs of a general committee under paragraph (3)(a) of Standing Order No. 89 (Procedure in general committees).
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 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 paragraph (3) of this order.
(6)The committee shall have power to sit notwithstanding any adjournment of the House.
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.
152F.—
[Expired, April 2010].
Committee on Members' Expenses
152G.—
(1)There shall be a select committee, called the Committee on Members’ Expenses, to consider such matters relating to Members’ expenses as may be referred to it by the House;
(2)The committee shall consist of eight members;
(3)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;
(4)The committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to appoint specialist advisers and to report from time to time.
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 (Select committees related to government departments), or
(b)that it recommends the appointment of a National Policy Statement Committee
to consider the proposal.
(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 GovernmentEnergy and Climate ChangeEnvironment, Food and Rural AffairsTransportWelsh 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.
National Security Strategy (Joint Committee)
152I.—
(1)There shall be a Select Committee, to consist of 12 Members, to join with the Committee appointed by the Lords as the Joint Committee on the National Security Strategy, to consider the National Security Strategy;
(2)The committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to report from time to time, and 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 to adjourn from place to place within the United Kingdom;
(3)The quorum of the committee shall be three; and
(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.
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.
(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 front-bench spokesperson shall be eligible to be the chair or a member of the committee: the Speaker’s decision shall be final on such matters.
(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 of the House 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.
Public Bodies: draft orders
152K.—
(1)Subject to paragraph (2), the select committee charged with reporting on a draft order for the purposes of section 11(5) and (6) of the Public Bodies Act 2011 shall be—
(a)the select committee appointed under Standing Order No. 152 (Select committees related to government departments) appointed to examine the expenditure, administration and policy of the department of the Minister who has laid the draft order; or
(b)in respect of a draft order laid by a Minister in the Cabinet Office, the Public Administration and Constitutional Affairs Committee.
(2)The Liaison Committee may report that it has designated a select committee appointed under Standing Order No. 152 (Select committees related to government departments) or the Public Administration and Constitutional Affairs Committee as the select committee charged with reporting on a specified draft order for the purposes of section 11(5) and (6) of the Public Bodies Act 2011 in place of the select committee to which paragraph (1) applies.
Public Petitions
Presentation of petitions
153.—
Every 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 himself 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.
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 shall have signified his intention to move ‘That this House do now adjourn’, for the purpose of bringing 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.
Petition as to present personal grievance
155.—
In the case of a petition presented under Standing Order No. 153 (Presentation of petitions) and complaining of some present personal grievance, for which there may be an urgent necessity for providing an immediate remedy, the matter contained in such petition may be brought into discussion on the presentation thereof and proceedings under this order may be proceeded with, though opposed, until any hour.
Publishing of petitions and of ministerial replies
156.—
All petitions presented under Standing Order No. 153 (Presentation of petitions), and not proceeded with under Standing Order No. 155 (Petition as to present personal grievance), shall be published in the Official Report, and the Clerk of the House shall transmit all such petitions to a Minister of the Crown and any observations made by a Minister or Ministers in reply to such petitions shall be published in the Official Report.
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.
Parliamentary Papers
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.
Notification in respect of certain statutory instruments
160.—
When any communication has been received by the Speaker, drawing attention to the fact that copies of any statutory instrument have yet to be laid before Parliament, and explaining why such copies have not been so laid before the instrument came into operation, the Speaker shall thereupon lay such communication upon the Table of the House.
Members of the public
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 himself, 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.
Places to which the public are not admitted
162.—
No Member of this House shall presume to bring any member of the public into any part of the House or gallery appropriated to the Members of this House while the House, or a committee of the whole House, is sitting.
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, but such a Motion may be made no more than once in any sitting:Provided that the Speaker or the chairman may, whenever he thinks fit, order the withdrawal of those other than Members or Officers 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.
Clerk of the House of Commons.
Examined
Clerk of the Journals

Prepared 18 February 2016