Amendments arising from the review of hybrid bill petitioning procedure
Amendments to Standing Orders 1, 101, 103, 109, 184, and 211
3.These amendments are intended to modernise and simplify the process for submitting petitions by abolishing the requirement to include a “prayer” in a petition and for a signature. References to “deposit” and “deposited” have been changed to “submission” and “submitted” to make clear that petitions can be submitted electronically, by post or in person. References to “agent” have been changed to “representative” to reflect the intention of the Chairman of Committees to amend the Chairman’s Rules so as to abolish the concept of Roll B agent.1
1. Definitions (HC 1)
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(4) Any provision in these orders requiring or authorising a petition or other document to be signed by any person shall, where that person is a body corporate, be construed as requiring or authorising the petition or document to be signed by the agent for the body corporate or any other person acting under the authority of the body corporate, expressed or implied:
Provided that, if the document is a petition is for a bill or for an additional provision, the petition shall be under the seal of the body corporate.
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(8) References in any standing order to the submission of a petition against a bill is a petition submitted electronically, by post or in person, received within the prescribed time limit.
101. Limit of time for presenting petition against bill
(1) Subject to paragraph (2), no petition praying to be heard upon the merits against objecting to all or part of any private bill shall be received by this House unless the petition—
(a) is signed by the petitioner or his agent, and
(b) has been presented by having been deposited in submitted to the office of the Clerk of the Parliaments on or before 6th February, except where the petition complains of any matter which may have arisen during the progress of the bill before the Committee or of the amendments as proposed in the filled-up bill deposited in the office of the Clerk of the Parliaments.
(2) In the case of—
(a) any bill brought from the House of Commons, and
(b) any bill as to which compliance with the standing order as to the time for depositing the bill has been dispensed with, and
(c) any bill in respect of which the Examiner has certified that the standing orders have not been complied with, or in respect of which he has made a special report to the House, or in respect of which the examination has been held on or adjourned to a day after 27th January,
a petition against the bill may be deposited submitted at any time not later than the tenth day after than on which the bill was read a first time or, if the House is not sitting on that day, the next day on which the House sits.
103. Withdrawal of petitions (HC 173)
Any petitioner may withdraw his petition, on a requisition to that effect being deposited in the office of the Clerk of the Parliaments, signed by him or his agent; and where any such petition is deposited by or on behalf of more than one person, any of those persons may withdraw from the petition by a similar requisition, signed and deposited as aforesaid, and any co-petitioner may withdraw his name from a petition, by informing the office of the Clerk of the Parliaments in writing that he wishes to do so.
109. Reference to committee of petitions against bill (HC 126)
There shall stand referred to the select committee on an opposed private bill—
(a) every petition against the bill which has been deposited in submitted to the office of the Clerk of the Parliaments within the required time, or which has been otherwise deposited submitted in accordance with the standing orders of the House, or in respect of which the standing orders have been dispensed with, and
(b) every petition which has been deposited in submitted to the office of the Clerk of the Parliaments and in which the petitioners complain of any matter which may have arisen during the progress of the bill before the committee or of any amendment proposed in the filled-up bill, or which they apprehend may be made in the bill,
being a petition signed as required by Standing Order 101 (Limit of time for presenting petition against bill) in which the petitioners have prayed to be heard by themselves, their counsel or agents and which has been submitted before the committee reports the bill to the House.
184. Time for presenting petitions against confirming bills (HC 217)
Petitions against confirming bills shall be signed by the petitioner or his agent and presented by being deposited in submitted to the office of the Clerk of the Parliaments by the petitioner or his representative—
(a) in the case of a bill originating in this House not later than the seventh day after that on which the bill was read the second time;
(b) in the case of a bill brought from the House of Commons not later than the tenth day after that on which the bill was read the first time.
211. Withdrawal of petitions, counter-petitions and memorials (HC 245)
(1) Any petitioner, counter-petitioner or memorialist may withdraw his petition, counter-petition or memorial, on a requisition by way of a written notice to that effect being deposited in submitted to the office of the Clerk of the Parliaments, signed by him or his agent.
(2) Where any such petition or counter-petition is deposited submitted by or on behalf of more than one person, any of those persons may withdraw from the petition or counter-petition by submitting a similar requisition, signed and deposited notice as mentioned above.
Amendments to Standing Orders 4, 11, 150A, 150B, 201A and Appendix A
4.These amendments change references to “deposit” and “deposited” to “submission” and “submitted” for the reasons stated above (see paragraph 3). They also allow for a select committee to consider petitions relating to a bill first presented more than one session previously, and amend the letter promoters are required, under Appendix A of Private Business Standing Orders, to send to potential petitioners setting out their rights.
4. Contents of notice (HC 4)
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(2) The notice shall also state—
(a) that on and after 4th December copies of the bill, or as the case may be .copies of part of the bill, may be inspected, and at a reasonable price obtained, at the offices required by the next following order, which offices shall be named in the notice;
(b) the time within which objection may be made by the deposit submission of a petition in to the office of the Clerk of the Parliaments or the Private Bill Office of the House of Commons; and
(c) that information regarding the deposit submission of such petitions may be obtained from either of those offices or from the agents for the promoters, and give the appropriate website and contact details.
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11. Publication of notice in the Gazette (HC 11)
(1) Not later than 11th December there shall be published once in the London Gazette and, if any powers are sought by the bill which affect Scotland or Northern Ireland, also once in the Edinburgh Gazette or in the Belfast Gazette, as the case may be, a short notice stating—
(a) the short title of the bill;
(b) the time within which objection may be made by deposit the submission of a petition in to the office of the Clerk of the Parliaments or the Private Bill Office of the House of Commons and that information regarding the deposit submission of such petitions may be obtained from either of those offices or from the agents for the promoters;
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150A. Suspension of bills (HC 188A)
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(8) If there is any petition outstanding—
(a) any such petition which has been presented submitted (if not withdrawn) shall stand referred to any select committee on the bill in the next session;
(b) any minutes of evidence taken before a select committee on the bill in the current session shall stand referred to any select committee on the bill in the next session;
(c) no petitioners shall be heard before any select committee on the bill in the next session unless their petition has been presented submitted within the time stipulated for the deposit submission of petitions in the current session, or as the case may be, a previous session or deposited submitted pursuant to Standing Order 109(b);
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150B. Revival of bills (HC 188B)
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(8) If there is any petition outstanding—
(a) any such petition which stood referred to a select committee on the bill in the last Parliament or, as the case may be, the last session shall stand referred to a select committee on the bill in the current session;
(b) any minutes of evidence taken before a select committee on the bill in the last Parliament or, as the case may be, the last session shall stand referred to a select committee on the bill in the current session;
(c) no petitioners shall be heard before any select committee on the bill in the current session unless their petition has been presented submitted within the time stipulated for the deposit submission of petitions in the last Parliament or, as the case may be, the last session or a previous session or deposited submitted pursuant to Standing Order 109(b);
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201A. Extension of time for presenting petitions
(1) This order applies to—
(a) a petition against a private bill other than a petition required by Standing Order 101 (Limit of time for presenting petition against bill) to be deposited submitted on or before 6th February;
(b) a petition against a provisional order confirmation bill;
(c) a petition against a hybrid instrument to which Standing Order 216 (Hybrid instruments) applies;
(d) anything required to be done in either House under Standing Orders 203 to 215.
(2) Where the last day allowed by these standing orders for the deposit or submission of a petition to which this standing order applies or for the doing of anything required to be done in either House by the said Standing Orders 203 to 215 expires when Parliament is dissolved or prorogued or during a long adjournment, then the last day so allowed shall be the first day on which the House sits for public business after the dissolution, prorogation or long adjournment.
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Appendix A
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You may object to the bill by depositing submitting a petition against it. If you wish us to do so, we shall be glad to let you know the latest date on which you may deposit submit a petition in either House of Parliament.
For the moment we can let you know that the latest date for depositing submitting a petition against a bill is—
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We enclose for your use copies of the standing orders of both Houses of Parliament relating to the time and method of presenting submitting petitions in opposition to bills.
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Amendment to Standing Order 102
5.This Standing Order is unnecessary because all petitions are made available online.
102. Supply of copies of petitions (HC 172)
A copy of any petition deposited in the office of the Clerk of the Parliaments praying to be heard on the merits against, or otherwise relating to, a private bill shall, on application and payment by any party interested, be supplied to him by the agent concerned with the petition not later than the day following that on which the application and payment is received.
New Standing Order 101A
6.The purpose of this proposed new standing order is twofold: to set a minimum petitioning period of 25 days to enable adequate time for petitioning,2 and to state explicitly that the Chairman of Committees (Senior Deputy Speaker) determines the length of a petitioning period, subject to the specified minimum. In making a determination, the Chairman of Committees will be required to consult the relevant Minister. This new standing order applies to hybrid bills only. The petitioning period for private bills is set out in the Private Business Standing Orders.
101A. Limit of time for submitting petition relating to hybrid bill
(1) This order applies to any government bill in relation to which the Examiner decides that Standing Orders 4 to 68 are applicable.
(2) In the case of a bill originating in this House, the period during which petitions against the bill can be submitted begins the day after the bill was read a second time. The petitioning period shall last for a minimum period of 25 calendar days.
(3) In the case of a bill brought from the House of Commons, the period during which petitions against the bill can be submitted begins the day after the bill was read a first time. The petitioning period shall last for a minimum of 25 calendar days.
(4) The Chairman of Committees shall decide the actual length of the petitioning period, subject to paragraph (2) or (3) above, after consulting the relevant Minister.
(5) In the case of a bill originating in this House, the Chairman of Committees shall decide the length of the petitioning period in respect of an additional provision, after consulting the relevant Minister.
New Standing Order 201B
7.The purpose of this proposed new standing order is to set out a procedure for late petitions against a hybrid bill by giving the Standing Orders Committee the express function of deciding whether to allow such a petition.
201B. Late submitted petitions relating to hybrid bill
(1) This order applies to any government bill in relation to which the Examiner decides that Standing Orders 4 to 68 are applicable.
(2) Any petitioner whose petition is submitted after the close of the petitioning period, and which is in accordance with these Standing Orders, shall be invited to provide a written explanation as to why the petition has been submitted late. This does not apply to petitions submitted in accordance with Standing Order 109(b).
(3) The relevant Minister may provide a written submission in respect of any petition submitted after the close of the petitioning period where a written explanation has been provided by the petitioner.
(4) The decision on whether a late petition should be accepted is a matter for the Standing Orders Committee.
(5) The Standing Orders Committee shall report to the House if the petition is accepted for submission.
(6) There is no appeal from the decision of the Standing Orders Committee.
Amendments to Standing Orders 110 and 111
8.These amendments are intended to enable the committee to manage hearings more efficiently. As currently drafted, Standing Order 110(2) entitles a petitioner to appear before a select committee and be heard. These amendments make the following changes:
- new Standing Order 110(3) gives a select committee explicit powers to group petitioners together on the basis of the issues raised in their petitions and, at the request of any petitioner in the group, to agree that he or she should not be required to speak to his or her petition (but instead rely on those who are speaking for the group);
- new Standing Order 110(4) gives a select committee explicit power to determine how it will conduct proceedings, including the imposition of an order of consideration of petitions and time limits.
110. Right of audience before committees on opposed bills and printing of minutes of evidence (HC 127, 131A)
(1) The promoters of an opposed private bill shall be entitled to be heard before the select committee on the bill, by themselves, their counsel or agents, in favour of the bill and against any petitions against the bill which stand referred to the committee under Standing Order 109 (Reference to committee of petitions against bill).
(2) Any petitioners whose petitions stand referred as aforesaid shall, subject to the standing orders of the House, be entitled to be heard upon their petition by themselves, their counsel, representatives or parliamentary agents.
(3) With the agreement of the relevant petitioners, the committee on the bill shall have power to group petitions that raise similar objections to the bill. Any petitioners so grouped may make a request to the committee on the bill that they should not be required to exercise their entitlement to be heard.
(4) The committee shall also have power to decide how its proceedings are to be conducted including the order of consideration of petitions and timetabling.
(35) Subject to paragraph (46), the minutes of evidence taken before a committee on an opposed private bill shall be reproduced; and the cost of reproduction shall be divided among the several parties in such proportions as may be specified by the Private Bill Office.
(46) The minutes may be printed instead of duplicated if the Chairman of Committees has given authority for printing, on an application made to him by the promoters of the bill not less than six clear days before the first meeting of the committee.
111. Petition against bill must distinctly specify grounds of objection (HC 128)
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(2) The petitioner shall be heard considered only on the grounds so stated and, if it appears to the committee that such grounds are not specified with sufficient accuracy, they may direct that they shall be provided with a more specific statement in writing but limited to such grounds of objection so inaccurately specified.
Amendments to Standing Orders 113, 114, 115, 117, 118, 119, 120, and new Standing Order 117A
9.These amendments modernise the language of the Private Business Standing Orders by abolishing the expression “locus standi” and replacing it with the concept of the right of petitioners to have their petitions considered. They also establish explicitly that Members of Parliament with constituencies directly affected by a bill should have a right to have their petitions considered.
113. Treatment of opposed bills as unopposed in certain cases (HC 131)
(1) In the case of any opposed private bill in which—
(a) no party has appeared on a petition against the bill or on a petition complaining of amendments as proposed in the filled-up bill, or
(b) all parties who have so appeared had their petition considered have withdrawn their opposition before the evidence of the promoters has been commenced, or
(c) the locus standi right to be heard of all parties who have so appeared and have not withdrawn their opposition has been disallowed,
the committee to which the bill is committed shall so report to the House, and the bill shall thereupon be committed to an unopposed bill committee.
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114. Committee to decide as to locus standi right of petitioners to have petition considered (HC 90)
The select committee shall decide upon all petitions against the private bills referred to them, as to the rights of the petitioners to be heard upon have such petitions considered.
115. Locus standi Right of members of companies, etc. to have petition considered (HC 93)
(1) Subject to paragraph (2), where a bill is promoted by an incorporated company, society, association or partnership, the select committee shall not consider petitions by its members shall not be entitled to be heard before the select committee against the bill, unless their interests, as affected thereby are distinct from the general interests of the company, society, association or partnership.
(2) Any proprietor or member of any company, society, association, or partnership, who has, by himself or by any person authorised to act for him in that behalf, dissented—
(a) at any meeting called in pursuance of any of Standing Orders 62 to 67, or
(b) at any meeting called in pursuance of any similar standing order of the House of Commons,
shall be permitted to be heard have their petition considered by the committee on the bill on a petition presented to this House.
117. Power to allow locus standi to associations, etc. to have petition considered (HC 95)
(1) Where any society of association sufficiently representing any trade, business, or interest in a district to which any bill relates, petition against the bill, alleging that such trade, business, or interest will be injuriously affected by the provisions contained therein, it shall be competent for the select committee to which the bill is committed, if they think fit, to admit the permit petitioners to be heard have their petition considered by the committee on such allegations against the bill or any part thereof.
(2) Without prejudice to the generality of paragraph (1), where any society, association or other body, sufficiently representing amenity, educational, travel or recreational interests, petition against a bill, alleging that the interests they represent will be adversely affected to a material extent by the provisions contained in the bill, it shall be competent to the select committee, if they think fit, to admit the permit petitioners to be heard have their petition considered by the committee on such allegations against the bill or any part thereof.
117A. Right of Members of Parliament to have petition considered
Any Members of Parliament whose constituencies are directly affected by the works proposed by a Bill shall be permitted to have their petition against the Bill considered by the select committee.
118. General power to allow locus standi to local authorities or inhabitants to have petition considered (HC 96)
It shall be competent for the select committee to which the bill is committed, if they think fit, to admit the permit petitioners, being the local authority of any area the whole or any part of which is alleged in the petition to be injuriously affected by a bill or any provisions thereof, or being any of the inhabitants of any such area, to be heard have their petition against the bill or any provisions thereof considered by the committee.
119. Locus standi Right of certain local authorities to have petition considered against lighting and water bills (HC 97)
The council of any district in England, London borough or county or county borough in Wales alleging in their petition that the district, borough or county, as the case may be, may be injuriously affected by the provisions of any bill relating to the lighting or water supply thereof, or the raising of capital or the borrowing of money for any such purpose, shall be entitled to be heard have their petition against the bill considered by the committee.
120. Locus standi Right of county councils to have petition considered against water and tramway bills (HC 98)
(1) The council of any county or (in Wales) any county or county borough alleging in their petition that their administrative area, or any part thereof, may be injuriously affected by the provisions of any bill relating to the water supply of any area, whether situate within or without that area, shall be entitled to be heard have their petition against the bill considered by the committee.
(2) The council of any county, metropolitan district, unitary district of London borough or (in Wales) any county or county borough alleging that their administrative area or any part thereof may be injuriously affected by the provisions of any bill proposing to authorise the construction or reconstruction of any tramway along any road to the maintenance and repair of which that council contribute, within their administrative area, shall be entitled to be heard have their petition against the bill considered by the committee.
1 Roll B agents are persons authorised to act on behalf of petitioners against a private or hybrid bill. Unless they are a solicitor or have previously been registered as a parliamentary agent, their application to be a Roll B agent has to be accompanied by a “certificate of respectability” from a Member of Parliament, a Justice of the Peace, barrister or solicitor. Roll B agents then have to sign a sessional register (Roll B). The rules governing Roll B agents are set out in the Chairman’s Rules. In order to modernise and simplify the rules, the Chairman of Committees will amend, and re-issue, the Chairman’s Rules so that petitioners are able to be represented by anyone they choose without that person having to sign the Roll B or provide a “certificate of respectability”.
2 Petitioning periods for the most recent hybrid bills have varied: for the High Speed Rail (London-West Midlands) Bill, it was 26 days; the Crossrail Bill in 2008, 22 days; the Channel Tunnel Rail Link Bill in 1996, 18 days; and, the Channel Tunnel Bill in 1987, 14 days.