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The Scotland Act 1998 (Transitory and Transitional Provisions)(Standing Orders and Parliamentary Publications) Order 1999

Type Statutory-Instrument

Publication 1999-04-07

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 7th April 1999

Laid before Parliament: 12th April 1999

Coming into force: 6th May 1999

In exercise of the powers conferred upon me by sections 112(1), 113, 114(1) and 129(1) of the Scotland Act 1998¹ and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation and commencement

1

(1) This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Standing Orders and Parliamentary Publications) Order 1999.

(2) This Order shall come into force on 6th May 1999.

Interpretation

2

In this Order–

“the Act” means the Scotland Act 1998;

“court” includes tribunal;

“legal proceedings” means any legal proceedings (whether civil or criminal) in any court in the United Kingdom;

“the Parliament” means the Scottish Parliament; and

“statement” has the same meaning as in the Defamation Act 1996².

Standing orders of the Parliament.

3

The standing orders of the Parliament are contained in the rules set out in the Schedule to this Order.

Publication of statements under the authority of the Parliament

4

(1) This article applies to any legal proceedings brought against a person for, on account of, or in respect of, the publication by that person–

(a) of a statement under the authority of the Parliament; or

(b) of a statement which has been published under the authority of the Parliament.

(2) In any legal proceedings to which this article applies, any person may produce to the court before which the proceedings are brought a certificate, sworn by the Clerk of the Parliament before a notary public, that the statement was published under the authority of the Parliament.

(3) On production of such a certificate the court shall order that, subject to paragraph (4), no further steps are to be taken in the proceedings and on the making of such an order the proceedings shall be treated as having been concluded.

(4) On the making of an order under paragraph (3), the court may make such ancillary orders as it considers appropriate.

(5) Any person intending to produce a certificate in accordance with paragraph (2) shall give at least 24 hours notice of his or her intention so to do to the other parties to the proceedings and to the court before which the proceedings are brought.

5

Any statement which is required or authorised to be published in pursuance of any of the rules set out in the Schedule to this Order shall be treated, for the purposes of section 41 of the Act (defamatory statements) and article 4 of this Order, as published under the authority of the Parliament.

Duration

6

(1) Unless earlier revoked by an order under section 129(1) of the Act and subject to paragraph (2), articles 3 and 5 of, and the Schedule to, this Order shall cease to have effect on the date on which the first standing orders made by the Parliament come into force.

(2) Article 5 of this Order shall continue to apply in relation to any statement published before the date when that Article ceases to have effect by virtue of paragraph (1).

7

Unless earlier revoked by an order under section 129(1) of the Act, article 4 of this Order shall cease to have effect on the day appointed by or under an Act of the Parliament.

SCHEDULE — STANDING ORDERS OF THE SCOTTISH PARLIAMENT

CHAPTER 1 — MEMBERS

Rule 1.1 The Scottish Parliament

1

The Scottish Parliament is established by the Scotland Act 1998.

2

The members of the Parliament returned for each constituency or region shall be known as members of the Scottish Parliament (MSPs) and are referred to in these Rules as members.

Rule 1.2 Oath of allegiance

1

Every person who is returned as a member shall take the oath of allegiance or shall make his or her solemn affirmation at a meeting of the Parliament before the Clerk. A member shall not take part in any other proceedings of the Parliament until he or she has done so.

2

A member may, immediately after taking the oath or making his or her solemn affirmation, repeat the oath or affirmation in a language other than English.

3

The member shall then sign a register kept by the Clerk for the purpose indicating that he or she has taken the oath or, as the case may be, made a solemn affirmation.

4

The Parliament’s power under section 84(3) (where a member fails to take the oath of allegiance) to decide, before the end of the period of two months within which a member must take the oath or make a solemn affirmation, to allow him or her a longer period to do so is exercisable on a motion of any member. The motion is valid only if it is seconded by another member.

5

In these Rules, “oath of allegiance” means the oath in the form provided in section 2 of the Promissory Oaths Act 1868³ and “solemn affirmation” means the affirmation in the form provided in section 6(1) of the Oaths Act 1978⁴.

Rule 1.3 Term of office

1

The term of office of a member begins on the day on which the member is declared to be returned and ends with the dissolution of the Parliament or, if earlier, that member’s death or resignation.

2

A member may at any time resign his or her seat by giving notice in writing to the Presiding Officer.

3

A member may also cease to be a member in accordance with section 17(1) or (2) (where a member is or becomes disqualified) or section 84(3) (where a member fails to take the oath of allegiance).

Rule 1.4 Disqualification

1

The Presiding Officer shall notify the Parliament where a person is, or is alleged to be, disqualified from being a member (either generally or for a particular constituency or region) on any ground other than one falling within section 15(1)(b) (disqualification otherwise than under House of Commons Disqualification Act 1975).

2

Any member may, within 3 sitting days of such notification, by motion propose that the Parliament disregard the disqualification because it is considered that the ground has been removed and that it is proper to disregard the disqualification. The motion is valid only if it is seconded by another member.

Rule 1.5 Vacancies

1

For the purposes of section 9 (constituency vacancies), the date on which a vacancy in the seat of a constituency member is to be treated as occurring shall be determined in accordance with paragraph 2. The Presiding Officer shall notify the Parliament of that date.

2

The date on which a constituency vacancy is to be treated as occurring is–

(a) in the case of a vacancy arising on the death of a member, the date of death;

(b) in the case of a vacancy arising on the resignation of a member, the date on which written notice of the resignation is given to the Presiding Officer;

(c) in the case of a vacancy arising under section 17(1) (effect of disqualification where a disqualified person is returned), the date on which the person concerned was returned as a member;

(d) in the case of a vacancy arising under section 17(2) (effect of disqualification where a member becomes disqualified), the date on which the member became disqualified;

(e) in the case of a vacancy arising under section 84(3) (failure of member to take the oath of allegiance), the expiry of the period of 2 months beginning with the day on which he or she was returned or such longer period as the Parliament may have allowed; or

(f) in any other case, such date as the Presiding Officer may determine.

3

If, in any of the cases mentioned in paragraph 2(a) and (c) to (e), the vacancy does not come to the notice of the Presiding Officer within the period of one month beginning with its occurrence, the Presiding Officer shall notify the Parliament of the date when the vacancy did come to his or her notice.

4

For the purposes of section 10 (regional vacancies), the date on which a vacancy in the seat of a regional member is to be treated as occurring shall be determined by the Presiding Officer. The Presiding Officer shall notify the Parliament of that date.

Rule 1.6 Code of Conduct

1

The Parliament may, on a motion of the Standards Committee, lay down a Code of Conduct for members. The Parliamentary corporation shall arrange for the Code of Conduct to be printed and published.

Rule 1.7 Withdrawal of rights and privileges

1

The Parliament may, on a motion of the Standards Committee, withdraw from a member his or her rights and privileges as a member to such extent and for such period as are specified in the motion.

CHAPTER 2: — MEETINGS OF THE PARLIAMENT

Rule 2.1 Session of the Parliament

1

A session of the Parliament shall be the period from the date of the first meeting of the Parliament following a general election until the Parliament is dissolved.

2

Each session shall be divided into Parliamentary years. The first Parliamentary year shall be the year beginning with the date of the first meeting of the Parliament following a general election. Subsequent Parliamentary years shall begin on each succeeding anniversary of that date in that session.

3

A sitting day is any day when the office of the Clerk is open but not when the Parliament is in recess or dissolved. The Parliament shall decide, on a motion of the Parliamentary Bureau, the days on which the office of the Clerk is to be open. Until the Parliament has so decided, the Presiding Officer shall appoint those days. The days on which the office of the Clerk is to be open shall be notified to members by the Presiding Officer.

Rule 2.2 Meetings of the Parliament

1

The Parliament shall meet on the day appointed or determined for its first meeting following a general election.

2

The Parliament shall decide, on a motion of the Parliamentary Bureau, the date and time for any other meeting of the Parliament, or, until the Parliament has so determined, the Presiding Officer shall appoint such dates and times. This is subject to the following paragraphs.

3

The Parliament may, except as mentioned in paragraph 4 or in an emergency, meet on any sitting day during the normal Parliamentary week. The normal Parliamentary week is between the hours of 14:30 and 17:30 on Monday, 09:30 and 17:30 on Tuesday, Wednesday and Thursday and 09:30 and 12:30 on Friday.

4

A meeting of the Parliament may continue beyond 17:30 on Monday to Thursday or 12:30 on Friday–

(a) if it is necessary in order to complete any voting which is not adjourned to a later meeting under Rule 11.2.5;

(b) if it is necessary in order to complete the election of the Presiding Officer or a deputy Presiding Officer under Rule 11.9 or the election of a member or members of the Parliamentary corporation or selection of a nominee for appointment as First Minister under Rule 11.10;

(d) in other cases, if the Parliament so decides on a motion of a member of the Scottish Executive or of the member who moved the business under consideration at that time.

5

Any motion mentioned in paragraph 4(d) may be moved without notice. It may be debated for up to 10 minutes. Each speaker may speak for no more than 3 minutes. The motion may be amended but only by proposing that the time specified in it is increased or decreased.

6

A meeting of the Parliament shall normally begin and end on the same day and normally not more than one meeting of the Parliament may take place on the same day.

7

A meeting of the Parliament begins when the Presiding Officer or other person chairing the meeting takes the chair.

8

The Presiding Officer may convene the Parliament on other dates or at other times in an emergency.

9

In these Rules “Members' Business” means any item of business, other than a Member’s Bill, proposed by a member who is neither a member of the Scottish Executive nor a junior Scottish Minister.

Rule 2.3 Parliamentary recess

1

The Parliament shall decide, on a motion of the Parliamentary Bureau, the dates of any Parliamentary recess.

2

In considering dates of any Parliamentary recess, the Parliamentary Bureau shall have regard to the dates when schools in any part of Scotland are to be on holiday.

3

The dates on which a Parliamentary recess is to begin and end shall be notified by the Clerk to members.

Rule 2.4 First meeting following general election

1

The first meeting of the Parliament following the first ordinary general election shall be chaired–

(a) by the Clerk but only for the purpose of presiding over the proceedings to enable the oldest qualified member to take the oath of allegiance or make a solemn affirmation; and

(b) thereafter, by the oldest qualified member but only for the purpose of presiding over the proceedings when members are taking the oath of allegiance or making a solemn affirmation and for the election of the Presiding Officer; and

2

The first meeting of the Parliament following any subsequent general election shall be held on the day and at the time determined by the Presiding Officer. The Presiding Officer shall notify members of the date and time of that meeting.

3

Subject to paragraphs 4 and 5, that meeting shall be chaired–

(a) by the Clerk but only for the purpose of presiding over the proceedings to enable the former Officer to take the oath of allegiance or make a solemn affirmation; and

(b) thereafter, by the former Officer but only for the purpose of presiding over the proceedings when members are taking the oath of allegiance or making a solemn affirmation and for the election of the new Presiding Officer; and

4

If the person holding the office of Presiding Officer as mentioned in section 19(2) is not a member of the Parliament, that meeting shall be chaired by that person but only until a new Presiding Officer is elected. Thereafter it shall be chaired by the elected Presiding Officer.

5

If neither that person nor the former Officer is present at that meeting or able to chair that meeting, that meeting shall be chaired as mentioned in paragraph 1.

6

The chair may be taken by a member only if that member has taken the oath of allegiance or made a solemn affirmation.

7

Any reference to “the oldest qualified member” means the oldest member–

(a) who is present at the meeting;

(b) who has indicated to the Clerk that he or she does not intend to stand as a candidate for the office of Presiding Officer or First Minister; and

8

When the Clerk or the oldest qualified member is in the chair, he or she shall, so far as necessary for the purposes of concluding the business over which he or she is presiding, have similar functions as the Presiding Officer has for the purposes of conducting meetings under Rules 7.1 to 7.7 and 8.17.

9

Any reference to “the former Officer” means–

(a) the member holding the office of Presiding Officer as mentioned in section 19(2); or

(b) if that office is vacant or that member is unable to chair the meeting, a member holding the office of deputy Presiding Officer as mentioned in that section,

but only if, in either case, that member has indicated to the Clerk that he or she does not intend to stand as a candidate for election as Presiding Officer.

Rule 2.5 Chairing of meetings

1

Except as provided in Rule 2.4, meetings of the Parliament shall be chaired by the Presiding Officer or by a deputy Presiding Officer.

2

Where the offices of Presiding Officer and of both deputy Presiding Officers are vacant, a meeting of the Parliament shall be chaired by the oldest qualified member but only for the purpose of presiding over the proceedings for the election of the Presiding Officer.

3

Where the Presiding Officer and both deputy Presiding Officers are unable to act, a meeting of the Parliament shall be chaired by the oldest member who is present at the meeting but only during such period as all of those officers are unable to act. When the oldest member is in the chair, he or she shall, so far as necessary for the purposes of concluding the business over which he or she is presiding, have similar functions to those of the Presiding Officer for the purpose of conducting meetings under Rules 7.1 to 7.7 and 8.17.

4

Paragraphs 2 and 3 are subject to the special provisions applying to the first meeting of the Parliament following a general election mentioned in Rule 2.4.

Rule 2.6 Witnesses and documents

1

The Parliament may in connection with any matter invite any person–

(a) to attend its proceedings for the purpose of giving evidence; or

(b) to produce documents in that person’s custody or under that person’s control,

but this is in addition to its power under section 23 (power to call for witnesses and documents) to require any person to do so but subject to and in accordance with the terms of that section and section 24 (notice provisions in relation to witnesses and documents).

2

The Parliament shall arrange for the Parliamentary corporation to pay to persons whom it requires, and may arrange for the Parliamentary corporation to pay to persons whom it invites to attend its proceedings to give evidence or to produce any documents, such allowances and expenses as may be determined by the Parliament.

Rule 2.7 Location

1

Meetings of the Parliament shall be held in the Church of Scotland Assembly Hall, The Mound, Edinburgh, subject to the following provisions.

2

The Parliament may decide, on a motion of the Parliamentary Bureau, that a meeting of the Parliament shall be held in another place in Scotland.

3

Where it is not practicable for the Parliament to meet to decide the matter, the Presiding Officer may decide that a meeting of the Parliament shall be held in another place in Scotland and members shall be notified of that place.

CHAPTER 3: — OFFICERS OF THE PARLIAMENT

Rule 3.1 Presiding Officer and deputy Presiding Officers

1

The Presiding Officer shall–

(a) preside over any meeting of the Parliament except as provided in Rule 2.4 and 2.5 and, except where Rule 11.9 or 11.10 applies, exercise a casting vote in the event of a tie;

(b) convene and chair any meeting of the Parliamentary Bureau and exercise a casting vote in the event of a tie;

(c) determine any question as to the interpretation or application of these Rules and give a ruling on any such question; and

(d) represent the Parliament in discussions and exchanges with any parliamentary, governmental, administrative or other body, whether within or outwith the United Kingdom.

2

The Presiding Officer shall have such other functions as may be conferred upon him or her by the Act, by the Parliament or by these Rules.

3

In exercising any functions, the Presiding Officer and deputy Presiding Officers shall act impartially, taking account of the interests of all members equally.

4

The Presiding Officer’s functions may be exercised by a deputy Presiding Officer if the office of Presiding Officer is vacant or if the Presiding Officer is for any reason unable to act.

5

The Presiding Officer may authorise a deputy Presiding Officer to exercise any of his or her functions on his or her behalf but shall not authorise him or her to sit in place of the Presiding Officer as a member of the Parliamentary corporation under section 21(2)(a).

Rule 3.2 Election of Presiding Officer

1

The Parliament shall, at its first meeting following a general election, elect from among its members a Presiding Officer.

2

If the Presiding Officer ceases to hold office before the Parliament is dissolved, the Parliament shall elect another from among its members.

3

In the case of the election of the Presiding Officer under paragraph 1, the voting period at the election (“the voting period”) shall take place at such time during the first meeting as may be notified in the Business Bulletin or as may be appointed by the person chairing the meeting.

4

In the case of the election of a Presiding Officer under paragraph 2, the voting period shall take place on the day and at the time appointed by the Parliament on a motion of the Parliamentary Bureau. That date shall not be later than fourteen days after the date on which the Presiding Officer ceased to hold office. If this is not possible because the Parliament is in recess at that time, the voting period shall take place on the day and at the time notified in the Business Bulletin.

5

For the purposes of paragraph 4, the date on which the Presiding Officer ceased to hold office shall be–

(a) in the case where he or she resigns, the date on which the resignation takes effect;

(b) in the case where he or she is removed from office by resolution of the Parliament, the date on which he or she is so removed; or

(c) in the case where he or she ceases to be a member of the Parliament, the date on which a vacancy is to be treated as occurring for the purposes of section 9 (constituency vacancies) or 10 (regional vacancies) in accordance with Rule 1.5.

6

A member may, at any time during the period which is not earlier than 2 hours and not later than 15 minutes before the time appointed for the beginning of the voting period, nominate a candidate for appointment as the Presiding Officer by submitting a written nomination to the Clerk. A nomination shall be valid only if it is seconded by another member.

7

Where there are 2 elected deputy Presiding Officers who represent the same political party, a member representing that party is not eligible for nomination as a candidate for appointment as Presiding Officer. The person chairing the meeting shall reject any such nomination as being invalid.

8

A person nominated as a candidate must take the oath of allegiance or make a solemn affirmation before for the beginning of the voting period. If he or she has not done so, the person chairing the meeting shall reject his or her nomination.

9

At the beginning of the voting period, the person chairing the meeting shall announce the name or names of the candidate or candidates validly nominated and an election shall be held in accordance with Rule 11.9.

10

After the person chairing the meeting has declared the result of the election of the Presiding Officer, the elected Presiding Officer shall take the chair.

Rule 3.3 Election of deputy Presiding Officers

1

The Parliament shall, at its first meeting following a general election, elect from among its members two deputy Presiding Officers.

2

If a deputy Presiding Officer ceases to hold office before the Parliament is dissolved, the Parliament shall elect another deputy Presiding Officer from among its members.

3

Where there is a vacancy in the office of Presiding Officer and in the office of a deputy Presiding Officer, the election of the Presiding Officer shall precede the election of the deputy Presiding Officer.

4

Where there are vacancies in the offices of both deputy Presiding Officers, consecutive elections shall be held for the offices.

5

In the case of the election of deputy Presiding Officers under paragraph 1, the voting period for the election of the first deputy Presiding Officer (“the first voting period”) shall take place at such time during the first meeting as may be appointed by the Presiding Officer, which shall be not earlier than 30 minutes after the Presiding Officer informed the Parliament as to when the first voting period is to take place. The voting period for the election of the second deputy Presiding Officer shall take place immediately after the completion of the first voting period.

6

Paragraph 5 shall also apply in any other case where there are vacancies in the offices of both deputy Presiding Officers except that, where the Parliament is not dissolved or is not in recess, the date and time for the first voting period shall be appointed by the Parliament on a motion of the Parliamentary Bureau. That date shall not be later than 14 days after the date on which both those offices became vacant. If this is not possible because the Parliament is in recess at that time, the date and time for the first voting period shall be appointed by the Presiding Officer.

7

In the case of an election under paragraph 5 or 6, the candidates in the election for the second deputy Presiding Officer shall be the candidates not elected in the election for the first deputy Presiding Officer, except that, where the Presiding Officer and the first deputy Presiding Officer represent the same political party, any candidate representing that party shall not be a candidate for election as the second deputy Presiding Officer.

8

In the case where there is a vacancy in only one of the offices of deputy Presiding Officer, the voting period for the election of the deputy Presiding Officer shall take place on the date and at the time appointed by the Parliament on a motion of the Parliamentary Bureau. That date shall not be later than 14 days after the date on which the office became vacant. If this is not possible because the Parliament is in recess at that time, the date and time for the voting period shall be appointed by the Presiding Officer.

9

In the case of an election under paragraph 8, where the elected Presiding Officer and a deputy Presiding Officer represent the same political party and there is a vacancy in the office of the other deputy Presiding Officer, a member representing that party is not eligible for nomination as a candidate for election as that other deputy Presiding Officer.

10

For the purposes of paragraphs 6 and 8, the date on which the deputy Presiding Officer ceased to hold office shall be–

(a) in the case where he or she resigns, the date on which the resignation takes effect;

(b) in the case where he or she is removed from office by resolution of the Parliament, the date on which he or she is so removed; or

(c) in the case where he or she ceases to be a member of the Parliament, the date on which a vacancy is to be treated as occurring for the purposes of section 9 (constituency vacancies) or 10 (regional vacancies) in accordance with Rule 1.5.

11

The following paragraphs apply to an election in any of the cases mentioned in paragraphs 5, 6 and 8.

12

A member may at any time during the period which is not earlier than 30 minutes before and not later than 15 minutes before the beginning of the first voting period in the cases mentioned in paragraphs 5 and 6 and the voting period in the case mentioned in paragraph 8, nominate a candidate for appointment as deputy Presiding Officer by submitting a written nomination to the Clerk. A nomination shall be valid only if it is seconded by another member.

13

A person nominated as a candidate must take the oath of allegiance or make a solemn affirmation before the time appointed for a voting period. If he or she has not done so, the Presiding Officer shall reject his or her nomination.

12

At the beginning of a voting period, the Presiding Officer shall announce the name or names of the candidate or candidates validly nominated and an election shall be held in accordance with Rule 11.9.

Rule 3.4 Resignation of Presiding Officer and deputy Presiding Officers

1

The Presiding Officer or a deputy Presiding Officer may resign office by giving notice in writing to the Clerk.

2

The Clerk shall notify the Parliament of any such resignation.

Rule 3.5 Removal of Presiding Officer and deputy Presiding Officers

1

A member may by motion propose that the Presiding Officer or a deputy Presiding Officer be removed from office. The motion is valid only if it is seconded by another member.

2

The Presiding Officer or deputy Presiding Officer is removed from office if the Parliament so decides by an absolute majority.

Rule 3.6 Members of the Parliamentary corporation

1

The four members of the Scottish Parliamentary Corporate Body (“the Parliamentary corporation”) referred to in section 21(2)(b) shall be appointed by the Presiding Officer either after an election in accordance with Rule 3.7 or in accordance with Rule 3.8. Those members are referred to as “appointed members”.

Rule 3.7 Election of members of the Parliamentary corporation

1

Not later than 10 sitting days after a general election, the Parliament shall hold consecutive elections to elect the four appointed members of the Parliamentary corporation.

2

An election shall also be held to fill any vacancy which arises when an appointed member–

(a) resigns;

(b) ceases to be a member of the Parliament otherwise than by virtue of a dissolution; or

3

In the case of an election under paragraph 1, the voting period for the election of the first appointed member (“the first voting period”) shall take place on such date and at such time as may be appointed by the Presiding Officer. The voting period for the election of the second and other appointed members under paragraph 1 shall take place immediately after the completion of the first voting period.

4

Paragraph 3 shall also apply in any other case where there are vacancies in the offices of more than one appointed member except that, where the Parliament is not dissolved or is not in recess, the date and time for the first voting period shall be appointed by the Parliament on a motion of the Parliamentary Bureau.

5

In the case of an election under paragraph 3 or 4, the candidates in the election for the second and other appointed members shall be the candidates not elected in the election for the first appointed member.

6

In the case where there is a vacancy in only one of the offices of an appointed member, the voting period for the election shall take place on the date and at the time appointed by the Parliament on a motion of the Parliamentary Bureau.

7

Any member may, not later than 30 minutes before the beginning of the first voting period in the cases mentioned in paragraphs 3 and 4 and the voting period in the case mentioned in paragraph 6, nominate a candidate for election by submitting a written nomination to the Clerk.

8

A nomination of a candidate shall be valid only if it is seconded by another member.

9

At the beginning of a voting period, the Presiding Officer shall announce the name or names of the candidate or candidates validly nominated and an election shall then be held in accordance with Rule 11.10.

10

The Presiding Officer shall appoint as a member of the Parliamentary corporation a member elected in accordance with this Rule.

Rule 3.8 Appointment of members of the Parliamentary corporation

1

If any office of an appointed member is not filled in accordance with Rule 3.7, the Presiding Officer may appoint a member to that office and shall do so if the office remains vacant for more than 28 days. In calculating the period of 28 days for this purpose, no account shall be taken of any time when the Parliament is dissolved.

2

The Presiding Officer shall notify the Parliament of any appointment under paragraph 1.

Rule 3.9 Resignation of members of the Parliamentary corporation

1

An appointed member may at any time resign office by giving notice in writing to the Presiding Officer.

2

The Presiding Officer shall notify the Parliament of the resignation.

Rule 3.10 Removal of members of the Parliamentary corporation

1

A member may by motion propose that an appointed member be removed from office. The motion is valid only if it is seconded by another member.

2

An appointed member is removed from office as a member of the Parliamentary corporation if the Parliament so decides on such a motion.

Rule 3.11: Auditor General for Scotland

1

If the office of Auditor General for Scotland is, or is expected to become, vacant, a panel (referred to as the “Selection Panel”) shall be established for the purpose of recommending a person for nomination by the Parliament to Her Majesty for appointment as Auditor General for Scotland.

2

The members of the Selection Panel shall be the Presiding Officer, the Convener of the Audit Committee and at least 4 but not more than 7 other members appointed by the Presiding Officer. In appointing members of the Selection Panel the Presiding Officer shall have regard to the balance of political parties in the Parliament.

3

The Selection Panel shall recommend to a meeting of the Parliament one person for nomination by the Parliament.

4

Any member of the Selection Panel may by motion propose that the Parliament nominates the person recommended by the Selection Panel.

5

Any debate on such a motion shall be restricted to 30 minutes. Each speaker may speak for no more than 5 minutes.

6

If there is a division on such a motion, the result is valid only if the number of members who voted is more than one quarter of the total number of seats for members. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.

Rule 3.12 Removal of Auditor General for Scotland

1

Any member may by motion propose that the Parliament resolve that a recommendation be made to Her Majesty for the removal from office of the Auditor General for Scotland.

2

If there is a division on such a motion, the motion shall be taken to be agreed to only if the number of members voting in favour is not less than two-thirds of the total number of seats for members of the Parliament.

CHAPTER 4: — THE SCOTTISH EXECUTIVE

Rule 4.1 Nomination of First Minister

1

The nomination of a member for appointment as First Minister under section 46(1) shall be conducted in accordance with the following provisions.

2

The date and time for the voting period to select a nominee shall be determined–

(a) in the case of a selection following a general election when the Parliamentary Bureau has not been established, by the Presiding Officer, provided that the date of the first such voting period shall not be later than 14 days after the date of the general election; and

(b) in any other case, by the Parliament on a motion of the Parliamentary Bureau,

and the date and time of the voting period shall be notified to members.

3

Any member may, not later than 30 minutes before the time appointed for the voting period for selection of a nominee, nominate a candidate for appointment as First Minister by submitting a written nomination to the Clerk.

4

A nomination shall be valid only if it is seconded by another member.

5

A member nominated as a candidate must take the oath of allegiance or make a solemn affirmation before the time appointed for the voting period to select a nominee. If he or she has not done so, the Presiding Officer shall reject his or her nomination.

6

At the time appointed for the voting period to select a nominee, the Presiding Officer shall announce the name or names of the candidate or candidates and the nominee shall then be selected in accordance with Rule 11.10.

Rule 4.2 Designation of person to exercise functions of First Minister

1

The Presiding Officer shall notify the Parliament of the name of any person whom he or she has designated to exercise the functions of the First Minister under section 45(4).

Rule 4.3 Appointment of Scottish Law Officers

1

The agreement of the Parliament to the First Minister’s recommendation to Her Majesty for the appointment of a person as Lord Advocate or Solicitor General for Scotland under section 48(1) shall be sought on a motion of the First Minister that a person specified in the motion be so recommended. The provisions of Rules 8.2.5 and 8.2.6 shall not apply to such a motion.

2

Such a motion may relate to one or both of the appointments to be recommended.

3

Before the Presiding Officer puts to the Parliament the question on a motion relating to both appointments, the motion may be amended without notice but only to delete that part of the motion relating to one of the appointments.

4

Rule 4.4 Removal of Scottish Law Officers

1

The provisions of Rule 4.3 shall apply, with such modifications as are appropriate, in relation to a recommendation for the removal of a person as Lord Advocate or Solicitor General for Scotland as they apply in relation to a recommendation for an appointment.

Rule 4.5 Participation of Scottish Law Officers in proceedings

1

This Rule applies where the Lord Advocate or Solicitor General for Scotland (“the Scottish Law Officer”) is not a member of the Parliament.

2

The Scottish Law Officer may (subject always to the provision in section 27(1)(a) preventing him or her from voting) participate in any of the proceedings of the Parliament as fully as any member but he or she may not be appointed as a member of the Parliamentary corporation or the Parliamentary Bureau.

3

These Rules shall apply to the Scottish Law Officer, when he or she is participating in any proceedings of the Parliament, as if he or she were a member of the Parliament.

4

Paragraphs 2 and 3 are without prejudice to section 27(2) (application of rules regarding members' interests) and section 27(3) (questions and documents relating to operation of system of criminal prosecution).

Rule 4.6 Appointment of other Scottish Ministers

1

Where the First Minister proposes to appoint any Minister or Ministers under section 47(1), he or she shall, before seeking Her Majesty’s approval for any appointment, seek the agreement of the Parliament to his or her proposal in accordance with the following provisions.

2

He or she shall by motion seek the agreement of the Parliament to the appointment of either–

(a) an individual member to be a Minister; or

(b) a group of 2 or more members to be Ministers.

3

Before the Presiding Officer puts to the Parliament the question on a motion relating to a group of members, the motion may be amended but only to delete that part of the motion relating to a particular member or members.

4

Rule 4.7 Appointment of junior Scottish Ministers

1

The provisions of Rule 4.6 shall apply, with such modifications as are appropriate, where the First Minister proposes to appoint one or more junior Scottish Ministers under section 49(1).

Rule 4.8 Resignation of Ministers

1

If the First Minister tenders his or her resignation to Her Majesty under section 45(2), the Presiding Officer shall, if the resignation is accepted by Her Majesty, notify the Parliament.

2

Where any other member of the Scottish Executive or a junior Scottish Minister resigns, the Presiding Officer shall notify the resignation to the Parliament.

CHAPTER 5: — THE PARLIAMENTARY BUREAU AND MANAGEMENT OF BUSINESS

Rule 5.1 Parliamentary Bureau

1

The Parliament shall establish the Parliamentary Bureau in accordance with these Rules.

2

The main functions of the Parliamentary Bureau shall be–

(a) to propose the business programme as mentioned in Rule 5.4;

(b) to propose alterations to the daily business list;

(d) to determine any question regarding the competence of a committee to deal with a matter and, if two or more committees are competent to deal with a matter, to determine which of those committees is to be the lead committee responsible for that matter.

3

The Parliamentary Bureau shall have such other functions relating to the business of the Parliament or of any committee or sub-committee as may be conferred upon it by these Rules or by the Parliament.

4

The Parliamentary Bureau shall not be regarded as a committee for the purpose of these Rules.

Rule 5.2: Members of the Parliamentary Bureau

1

The Parliamentary Bureau shall consist of–

(a) the Presiding Officer; and

(b) a representative of each political party represented by more than 5 members of the Parliament (“a party representative”) who is nominated by the leader within the Parliament of that party; and

2

Members who represent a political party with fewer than 5 representatives in the Parliament and members who do not represent a political party may join together to form a group for the purposes of nominating a group representative under paragraph 1(c). The number of members in any such group shall be at least 5.

3

A nomination of a party or group representative may be made to the Presiding Officer at any time during a Parliamentary session but must be made in writing and, in the case of the nomination of a group representative, must be signed by each member of the group.

4

If a member wishes to join a group or no longer wishes to form part of that group, he or she shall notify the Presiding Officer and the group representative that the group representative represents or, as the case may be, no longer represents him or her.

5

If, at any time and for whatever reason, a party or group representative no longer represents 5 or more members (including himself or herself), he or she shall cease to hold office as a member of the Parliamentary Bureau and the Presiding Officer shall notify the Parliament accordingly.

6

Where a party or group representative ceases to hold office as a member of the Parliamentary Bureau in any circumstances other than those mentioned in paragraph 5, the leader of the party or the group which nominated that representative shall nominate another representative to it in place of him or her.

7

A party or group representative may arrange for another member to take his or her place at a meeting of the Parliamentary Bureau if the Presiding Officer has been notified in writing in advance of that meeting.

Rule 5.3 Procedure of Parliamentary Bureau

1

The Presiding Officer shall convene and chair meetings of the Parliamentary Bureau. He or she shall have a casting vote but shall not otherwise vote in the proceedings.

2

The Parliamentary Bureau shall meet in private.

3

The Parliamentary Bureau shall not consider any business if the number of members of the Bureau who are present is fewer than half of the total number of members of the Bureau.

4

Matters to be decided by the Parliamentary Bureau shall, in the event of any disagreement, be decided by a vote. The vote shall be conducted in such a manner as the Presiding Officer may determine.

5

A party or group representative shall carry one vote for each member of the party or group which he or she represents (including himself or herself). The representative shall notify the Presiding Officer and other members of the Parliamentary Bureau of the number of votes which he or she carries and of any changes to that number.

6

A deputy Presiding Officer may attend any meeting of the Parliamentary Bureau and may participate in the proceedings but may not vote unless he or she is chairing the meeting in place of the Presiding Officer when he or she shall have a casting vote.

7

The Parliamentary Bureau may invite members who are not members of the Parliamentary Bureau to attend a meeting of the Parliamentary Bureau and those persons may participate in the meeting but may not vote.

Rule 5.4 Business programme

1

The Parliament shall decide, on a business motion of the Parliamentary Bureau, a programme of business (referred to as “the business programme”) for such period as may be specified in that motion.

2

The business programme shall include an agenda of business for any meeting of the Parliament which is due to be held during that period and may include the timetable for consideration by the Parliament, any committee or sub-committee of–

(a) any Bill or any provision of a Bill;

(b) any legislation or draft legislation of the European Communities or any provision of such legislation; or

3

The business programme shall be notified to members in the Business Bulletin.

Rule 5.5 Daily business list

1

On the basis of the business programme and other decisions of the Parliament and the Presiding Officer, the Clerk shall publish a daily business list containing details of business to be considered by the Parliament and by each committee or sub-committee on each day when the Parliament or a committee or sub-committee meets. The daily business list shall also contain details of the times at which particular items of business are to be taken at any meeting if such times have been allocated in the business programme or in the decisions of the Parliament or the Presiding Officer.

2

The daily business list shall be notified to members in the Business Bulletin.

3

The Parliament may, on a motion of the Parliamentary Bureau, make alterations to the daily business list. Any such alterations shall be notified to members in the Business Bulletin.

4

If any emergency business arises, the Presiding Officer may allow that business to be taken at an appropriate point during a meeting of the Parliament and shall make any necessary alteration to the daily business list. Members shall be notified that the emergency business is to be taken and of any subsequent alteration to the daily business list.

Rule 5.6 Special cases of Parliamentary business

1

In proposing the business programme, the Parliamentary Bureau shall ensure that–

(a) on 12 half sitting days in each Parliamentary year, the business of committees is given priority over the business of the Scottish Executive at meetings of the Parliament;

(b) on 15 half sitting days in each Parliamentary year, meetings of the Parliament consider business chosen by political parties which are not represented in the Scottish Executive or by any group formed under Rule 5.2.2; and

(c) at each meeting of the Parliament there is a period of up to 30 minutes for any Members' Business at the end of the meeting following Decision Time.

2

For the purposes of this Rule, a half sitting day is the period between 09:30 and 12:30 or between 14:30 and 17:00 on a sitting day from Monday to Thursday and the period from 09:30 to 12:00 on a sitting day on Friday.

Rule 5.7 Programme of the Scottish Executive

1

When the First Minister wishes to make a statement to a meeting of the Parliament setting out the proposed policy objectives and legislative programme of the Scottish Executive for any Parliamentary year, he or she shall give notice of his or her proposal to the Presiding Officer. The Presiding Officer shall then notify the Parliamentary Bureau.

2

The Parliamentary Bureau shall ensure that sufficient time is set aside in the business programme for the statement to be made and debated.

Rule 5.8 Financial business

1

In proposing the business programme, the Parliamentary Bureau shall ensure that sufficient time is set aside–

(a) between the beginning of May and the end of June each year for the consideration of financial proposals;

(b) between the beginning of October and the end of November each year for consideration of draft budgets; and

2

“Consideration of financial proposals” means consideration by committees of documents laid before the Parliament setting out outline proposals for public expenditure in the forthcoming financial year and consideration by the Parliament of any report and recommendations of the Finance Committee concerning such documents.

3

“Consideration of draft budgets” means consideration by committees of documents laid before the Parliament setting out preliminary draft budgets of public expenditure in the forthcoming financial year.

4

“Financial year” means the year beginning on 1st April.

Rule 5.9 Business Bulletin

1

The Clerk shall produce the Business Bulletin.

2

The Business Bulletin shall include–

(a) the business programme;

(b) the daily business list;

(d) notices of oral questions for answer at Question Time or Open Question Time;

(e) written questions;

(f) notices of motions and amendments to motions;

(g) notices of Bills introduced into the Parliament and amendments to Bills;

(h) notices of any subordinate legislation or draft subordinate legislation or any other document which is laid before the Parliament; and

(i) any other item which requires to be notified to members,

and the Business Bulletin may include any other information which the Clerk considers appropriate.

3

The Business Bulletin shall be issued to members by whatever means the Presiding Officer considers appropriate and shall be made public.

4

The Clerk shall keep the Business Bulletin under review and if necessary shall issue to members an amended version of any part of it.

CHAPTER 6: — COMMITTEES

Rule 6.1 Establishment of committees

1

The Parliament may, on a motion of the Parliamentary Bureau, establish such committees as it thinks fit.

2

Any member may by motion propose the establishment of a committee.

3

The Parliamentary Bureau may, whether in response to such a proposal or otherwise, by motion propose the establishment, membership, remit and duration of a committee.

4

A committee established by the Parliament to deal with a particular subject, other than a mandatory committee, is referred to as a subject committee.

5

In addition, the Parliament shall, on a motion of the Parliamentary Bureau, establish the following mandatory committees–

(a) the Procedures Committee;

(b) the Standards Committee;

(d) the Audit Committee;

(e) the European Committee;

(f) the Equal Opportunities Committee;

(g) the Public Petitions Committee;

(h) the Subordinate Legislation Committee.

6

The Parliamentary Bureau shall by motion propose the establishment of–

(a) the Procedures, Standards and Finance Committees within 21 sitting days of a general election; and

(b) the other mandatory committees mentioned in paragraph 5 within 42 sitting days of a general election.

Rule 6.2 Functions of all committees

1

A committee shall examine such matters within its remit (referred to as “competent matters”) as it may determine appropriate or as may be referred to it by the Parliament or another committee and shall report to the Parliament on any such matter.

2

In particular, each committee shall conduct such inquiries into such competent matters as it may consider appropriate or as the Parliament or another committee may require, and may–

(a) consider the policy and administration of the Scottish Administration upon any competent matter;

(b) consider any proposals for legislation which relate to or affect any competent matter, including proposals for primary or secondary legislation, whether before the Scottish Parliament or the United Kingdom Parliament;

(c) consider any European Communities legislation or any international conventions or agreements or any drafts which relate to or affect any competent matter;

(d) consider the need for the reform of the law which relates to or affects any competent matter;

(e) initiate Bills on any competent matter; and

(f) consider the financial proposals and financial administration of the Scottish Administration (including variation of taxes, estimates, budgets, audit and performance) which relate to or affect any competent matter.

Rule 6.3 Membership of committees

1

The membership of each committee shall be approved by the Parliament on a motion of the Parliamentary Bureau.

2

Each committee shall have at least than 5 but not more than 15 members.

3

A member may indicate to the Parliamentary Bureau his or her interest in serving on a particular committee.

4

In proposing a member to be a committee member, the Parliamentary Bureau shall have regard to the balance of political parties in the Parliament and, where that member has expressed an interest in serving on that committee, to his or her qualifications and experience as indicated by him or her.

5

A committee member shall serve as a member of a committee for the duration of that committee unless–

(a) he or she resigns from that office by intimating his or her resignation to the Parliamentary Bureau;

(b) he or she is removed from that office by the Parliament on a motion of the committee; or

6

A committee member may not be represented at a meeting of the committee by a substitute.

Rule 6.4 Procedures Committee

1

The remit of the Procedures Committee is to consider and report on the practice and procedures of the Parliament in relation to its business.

Rule 6.5 Standards Committee

1

The remit of the Standards Committee is to consider and report on–

(a) whether a member’s conduct is in accordance with these Rules and any Code of Conduct for members, matters relating to members' interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties; and

(b) the adoption, amendment and application of any Code of Conduct for members.

2

Where the Committee considers it appropriate, it may by motion recommend that a member’s rights and privileges be withdrawn to such extent and for such period as are specified in the motion.

Rule 6.6 Finance Committee

1

The remit of the Finance Committee is to consider and report on–

(a) any report or other document laid before the Parliament by members of the Scottish Executive containing proposals for, or budgets of, public expenditure or proposals for the making of a tax-varying resolution, taking into account any report or recommendations concerning such documents made to them by any other committee with power to consider such documents or any part of them;

(b) any report made by a committee setting out proposals concerning public expenditure; and

2

The Committee may also consider and, where it sees fit, report to the Parliament on the timetable for the Stages of Budget Bills and on the handling of financial business.

3

In these Rules, “public expenditure” means expenditure of the Scottish Administration, other expenditure payable out of the Scottish Consolidated Fund and any other expenditure met out of taxes, charges and other public revenue.

Rule 6.7 Audit Committee

1

The remit of the Audit Committee is to consider and report on–

(a) any accounts laid before the Parliament;

(b) any report laid before the Parliament by the Auditor General for Scotland; and

(c) any other document laid before the Parliament concerning financial control, accounting and auditing in relation to public expenditure.

2

No member of the Scottish Executive or junior Scottish Minister may be a member of the Committee and no member who represents a political party which is represented in the Scottish Executive may be convener of the Committee.

Rule 6.8 European Committee

1

The remit of the European Committee is to consider and report on–

(a) proposals for European Communities legislation;

(b) the implementation of European Communities legislation; and

2

The Committee may refer matters to the Parliamentary Bureau or other committees where it considers it appropriate to do so.

3

The convener of the Committee shall not be the convener of any other committee whose remit is, in the opinion of the Parliamentary Bureau, relevant to that of the Committee.

4

The Parliamentary Bureau shall normally propose a person to be a member of the Committee only if he or she is a member of another committee whose remit is, in the opinion of the Parliamentary Bureau, relevant to that of the Committee.

Rule 6.9 Equal Opportunities Committee

1

The remit of the Equal Opportunities Committee is to consider and report on matters relating to equal opportunities and upon the observance of equal opportunities within the Parliament.

2

In these Rules, “equal opportunities” includes the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.

Rule 6.10 Public Petitions Committee

1

The remit of the Public Petitions Committee is to consider and report on–

(a) whether a public petition is admissible; and

(b) what action should be taken upon the petition,

in accordance with the Rules in Chapter 15.

Rule 6.11 Subordinate Legislation Committee

1

The remit of the Subordinate Legislation Committee is to consider and report on–

(a) subordinate legislation which is laid before the Parliament and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation; and

Rule 6.12 Duration of committees

1

The mandatory committees referred to in Rule 6.1.5 shall be established for the whole session of the Parliament.

2

The Parliament shall, on a motion of the Parliamentary Bureau, determine the duration of any other committee.

3

The Parliament may decide, on a motion of the Parliamentary Bureau, that any other committee be disbanded.

Rule 6.13 Questions regarding competence

1

Any question whether a matter is within the remit of a committee shall be determined by the Parliamentary Bureau.

2

If a matter falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, name one of the committees as the lead committee responsible for that matter. The other committee or committees shall be asked to give their opinion to the lead committee. This is without prejudice to Rule 6.14.

Rule 6.14 Joint consideration by committees

1

Where a matter falls within the remit of more than one committee, the committees concerned may, with the agreement of the Parliamentary Bureau, decide to consider that matter jointly.

2

Where a matter is to be considered jointly under paragraph 1, any meeting to consider that matter shall be held jointly by the committees concerned. Such a meeting may be convened by the convener of any of those committees. At such a meeting the convener of any of those committees may take the chair.

3

Any report on the joint consideration of a matter shall be produced jointly by those committees.

4

Any of those committees may establish a sub-committee to consider the matter jointly with a sub-committee of another of those committees.

CHAPTER 7: — CONDUCT OF MEETINGS

Rule 7.1 Languages

1

The Parliament shall normally conduct its business in English but members may speak in Scots Gaelic or in any other language with the agreement of the Presiding Officer.

2

Any person addressing the Parliament on the invitation of the Parliament in accordance with Rule 15.3.5, may do so in any language other than English with the agreement of the Presiding Officer.

Rule 7.2 Calling speakers and content of speeches

1

No member except the Presiding Officer may speak unless called upon to do so by the Presiding Officer. In deciding who should be called, the Presiding Officer shall have regard to the nature of the business under consideration. Normally, members shall speak standing at their places and shall address the Presiding Officer.

2

The Presiding Officer may allocate speaking time, whether for proceedings in relation to a particular item of business or for a particular speaker in any proceedings, and may do so whether or not the proceedings have started or the speaker has started to speak. The Presiding Officer may not allocate speaking time in a manner which would disrupt any timetable of business set out in the daily business list.

3

The Presiding Officer may order a member to stop speaking if that member continues to speak beyond any time allocated to him or her or to that item of business (whether by the Presiding Officer or in the daily business list or under these Rules) or if, in the opinion of the Presiding Officer, the member departs from the subject or repeats himself or herself.

4

A speaker may not be interrupted except by the Presiding Officer. The speaker may, however, give way to allow another member to intervene.

Rule 7.3 Order in the chamber

1

Members shall at all times conduct themselves in a courteous and respectful manner and shall respect the authority of the Presiding Officer. In particular, members shall not speak or stand when the Presiding Officer is speaking.

2

Members shall at all times conduct themselves in an orderly manner and, in particular, shall not conduct themselves in a manner which would constitute a criminal offence or contempt of court.

3

Any member who is in breach of paragraph 2 may be ordered by the Presiding Officer to leave the chamber and may be excluded from the chamber–

(a) on the order of the Presiding Officer for such period as the Presiding Officer thinks fit but not beyond the end of the next sitting day; and

(b) for such further period as the Parliament may decide, on a motion of the Parliamentary Bureau.

4

A motion under paragraph 3(b) may not be amended. If the motion is debated only the following may speak, namely–

(a) the member concerned; and

(b) one member for the motion and one member against the motion.

Rule 7.4 Disturbances

1

If any disturbance in the Parliament interferes with the conduct of the business of the Parliament, the Presiding Officer shall close the meeting, adjourn it for a specified period or suspend it. The meeting is suspended if the Presiding Officer leaves the chair after ordering members to stop the disturbance. The Presiding Officer may reconvene a suspended meeting as soon as he or she considers it appropriate to do so.

Rule 7.5 Sub judice

1

A member may not in the proceedings of the Parliament refer to any matter in relation to which legal proceedings are active except to the extent permitted by the Presiding Officer.

2

For the purposes of paragraph 1, legal proceedings are active in relation to a matter if they are active for the purposes of section 2 of the Contempt of Court Act 1981⁵.

3

Where any member refers to a matter in relation to which legal proceedings are active the Presiding Officer may order that member not to do so.

4

Nothing in this Rule shall prevent the Parliament from legislating about any matter.

Rule 7.6 Forms of address

1

Each member shall be referred to in any proceedings of the Parliament by name and, if he or she wishes, by his or her title, if any, except–

(a) the Presiding Officer, who may, in addition or as an alternative, be referred to by that title;

(b) a deputy Presiding Officer, who may, in addition or as an alternative, be referred to by that title; and

(c) any member of the Scottish Executive or junior Scottish Minister, who may, in addition or as an alternative, be referred to by such titles as the First Minister may notify to the Presiding Officer.

Rule 7.7 Calculating the length of debates or the number of speakers

1

For the purposes of any Rule limiting the length of a debate or the number of speakers–

(a) if the member moving the motion speaks in support of it, he or she shall be treated as a speaker for that motion and the time for which he or she speaks shall be treated as part of the debate; and

(b) any debate on an amendment shall form part of the debate on the motion.

Rule 7.8 Committee proceedings

1

Rules 7.1 to 7.7 shall apply to proceedings at meetings of committees and sub-committees as they apply to proceedings at meetings of the Parliament, with such modifications as are appropriate. However, only the Presiding Officer may grant the permission referred to in Rule 7.5.1.

CHAPTER 8: — MOTIONS AND POINTS OF ORDER

Rule 8.1 Motions

1

Any member may, except where these Rules provide otherwise, give notice of a motion or move a motion about any matter.

2

A motion may be moved without notice being given only as permitted by these Rules or, exceptionally, as permitted by the Presiding Officer.

3

Where these Rules provide for a motion of a committee or of the Parliamentary Bureau, notice of the motion (if required) may be given, and the motion may be moved, only by a member of that committee or, as the case may be, of the Parliamentary Bureau.

Rule 8.2 Notice of motions

1

Notice of a motion shall be given by being lodged by a member with the Clerk. Notice of a motion shall contain the text of the motion and the name of the member giving notice of it.

2

A motion shall–

(a) be in English;

(b) not contain offensive language; and

3

The Clerk may refuse to accept notice of a motion only if the motion is not permitted under these Rules or if, in the opinion of the Clerk, it is not in accordance with paragraph 2.

4

Any member may indicate his or her support for a motion by notifying the Clerk.

5

The text of a motion and the name of the member who gave notice of it and of any member supporting it shall be printed in the Business Bulletin.

6

Normally, a motion shall not be taken before the sitting day after the day on which notice of it is given under paragraph 1. A motion may be taken on shorter notice if the Parliament so decides on a motion without notice. Such a motion may be taken only with the agreement of the Presiding Officer.

7

Where time has been allocated for a debate on a particular subject, the Presiding Officer shall consider all motions on that subject of which notice has been given and shall decide which of those motions are to be taken by the Parliament. In all other cases, the Parliamentary Bureau shall consider motions of which notice has been given and shall by motion propose which of those motions are to be taken by the Parliament. A business motion shall always be taken by the Parliament.

Rule 8.3 Motions taken by the Parliament

1

A motion is taken by the Parliament when it is called at a meeting of the Parliament by the Presiding Officer.

2

When a motion is taken by the Parliament the motion may be moved by the member who gave notice of it or, except in the cases referred to in Rule 8.9, Rules 8.10 and Rule 8.11, if that member does not move the motion, by any other member who has indicated his or her support for it before the end of the previous sitting day.

3

Before the member moves the motion, he or she may speak in support of it.

4

Immediately after the motion is moved, the Presiding Officer may call on any other member to speak.

5

All motions may be debated, except as provided in these Rules.

6

After a motion is moved, it may be withdrawn by the member who moved it at any time before the question is put unless any member objects to it being withdrawn.

7

After the debate has been closed or, where there is no debate, after the motion has been moved, the question on the motion shall be put at the time when it requires to be put in accordance with Rules 11.2 to 11.4.

Rule 8.4 Amendments to motions

1

A motion may be amended except as provided in these Rules.

2

A motion without notice may be amended without notice.

Rule 8.5 Notice of amendments

1

Notice of an amendment to a motion of which notice has been given shall be given by being lodged by a member with the Clerk at any time after notice of the motion has been given. Notice of an amendment shall contain the text of the amendment and the name of the member giving notice of it.

2

An amendment shall–

(a) be in English;

(b) not contain offensive language; and

3

The Clerk may refuse to accept notice of an amendment only if the amendment is not permitted under these Rules or if, in the opinion of the Clerk, it is not in accordance with paragraph 2.

4

Any member may indicate his or her support for an amendment by notifying the Clerk.

5

The text of an amendment and the name of the member who gave notice of it and of any member supporting it shall be printed in the Business Bulletin.

6

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