8.84 No provisional order issued by the Secretary
of State for Scotland has any validity until it has been confirmed
by public Act of Parliament. A bill to confirm any such order
or orders is usually introduced by the Secretary of State in the
House of Commons. A bill to confirm an order into which no inquiry
has been held is deemed to have passed through all its stages
up to and including Committee in each House.
In the House of Lords, after first reading, it is put down for
consideration on report. The Lord in charge of the bill moves:
"That this bill be now considered
8.85 The third reading and passing of the bill
are usually taken on the next convenient day. Proceedings on such
a bill are usually formal. Such bills are not printed in the Lords
unless amended on consideration on report.
8.86 A bill to confirm an order into which an
inquiry has been held may be petitioned against within seven days
of introduction in the House of origin.
If a petition is presented, a member may, with notice, move immediately
after second reading to refer the bill to a joint committee, which
broadly follows the procedure of a select committee on an opposed
Such a motion is rare. If such a motion is agreed to in the House
of Commons and the bill is passed by that House, then in the House
of Lords the bill proceeds straight from second reading to third
If no such motion is agreed to, then, if the bill was introduced
in the Lords, it proceeds from second reading to consideration
on report; if the bill was introduced in the Commons, it proceeds
in the Lords straight from first reading to consideration on report.
8.87 Because Scottish provisional order confirmation
bills are not printed in the House of Lords, the ministerial statement
of compatibility with the Convention rights under section 19 of
the Human Rights Act 1998 is made by means of a written statement.