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

CHAPTER 9:BILL PROCEDURES

Rule 9.1 General Rules and Special Rules

1.  The General Rules set out in Rules 9.2 to 9.13 shall apply in relation to every Bill introduced in the Parliament but, where any of the Special Rules set out in Rules 9.14 to 9.21 (special provision about Member’s Bills, Committee Bills, Budget Bills, Private Bills, Consolidation Bills, Codification Bills, Statute Law Repeals Bills, Statute Law Revision Bills and Emergency Bills) applies in relation to the Bill, then the Special Rule shall supersede the General Rules to the extent that they are inconsistent.

Rule 9.2 Form and introduction of Bills

1.  A Bill may be introduced by any member on a sitting day. The member introducing a Bill or any other member nominated by him or her for the purpose is referred to as “the member in charge of the Bill”.

2.  A Bill shall be introduced by being lodged with the Clerk.

3.  A Bill may not be introduced unless it is in proper form. The Presiding Officer shall determine the proper form of Bills and the Clerk shall arrange for the determinations of the Presiding Officer to be notified to the Parliament.

4.  A Bill must, before introduction, be signed by the member introducing it and may also be signed by any other member or members who support the Bill.

5.  The Clerk shall ensure that notice of the introduction of a Bill in the Parliament is published in the Business Bulletin. Such notice shall set out the short and long titles of the Bill, the name of the member who has introduced it and the name of any member supporting the Bill and shall indicate what type of Bill it is.

6.  No Bill, other than a Budget Bill, may be introduced in the Parliament if it contains any provision which would have the effect of authorising sums to be paid out of the Scottish Consolidated Fund (as opposed to a provision which charges expenditure on that Fund).

Rule 9.3 Accompanying documents

1.  A Bill shall on introduction be accompanied by a written statement signed by the Presiding Officer which shall–

(a)indicate whether or not in his or her view the provisions of the Bill would be within the legislative competence of the Parliament; and

(b)if in his or her view any of the provisions would not be within legislative competence, indicate which those provisions are and the reasons for that view.

2.  A Bill shall on introduction be accompanied by a Financial Memorandum which shall set out the best estimates of the administrative, compliance and other costs to which the provisions of the Bill would give rise, best estimates of the timescales over which such costs would be expected to arise, and an indication of the margins of uncertainty in such estimates. The Financial Memorandum must distinguish separately such costs as would fall upon–

(a)the Scottish Administration;

(b)local authorities; and

(c)other bodies, individuals and businesses.

3.  A Bill introduced by a member of the Scottish Executive (referred to as “an Executive Bill”) shall also be accompanied by–

(a)a written statement signed by the member of the Scottish Executive in charge of the Bill which states that in his or her view the provisions of the Bill would be within the legislative competence of the Parliament;

(b)Explanatory Notes which summarise objectively what each of the provisions of the Bill does and give other information necessary or expedient to explain the effect of the Bill; and

(c)a Policy Memorandum which sets out–

(i)the policy objectives of the Bill;

(ii)whether alternative ways of meeting those objectives were considered and, if so, why the approach taken in the Bill was adopted;

(iii)the consultation, if any, which was undertaken on those objectives and the ways of meeting them or on the detail of the Bill and a summary of the outcome of that consultation; and

(iv)an assessment of the effects, if any, of the Bill on equal opportunities, human rights, island communities, local government, sustainable development and any other matter which the Scottish Ministers consider relevant.

4.  A Bill which contains any provision charging expenditure on the Scottish Consolidated Fund shall be accompanied by a report signed by the Auditor General for Scotland (referred to as “an Auditor General’s Report”) setting out his or her views on whether the charge is appropriate.

5.  The documents which must accompany a Bill under this Rule are referred to as its “accompanying documents”.

6.  A Bill may be introduced without one or more of its accompanying documents only with the agreement of the Parliament.

Rule 9.4 Printing and publishing of Bills and accompanying documents

1.  As soon as a Bill has been introduced the Clerk shall arrange for the Bill, together with its accompanying documents, to be printed and published.

Rule 9.5 Stages of Bills

1.  The procedure for a Bill introduced in the Parliament shall be–

(a)consideration of the Bill’s general principles and a decision on whether they are agreed to (Stage 1);

(b)consideration of the details of the Bill (Stage 2); and

(c)final consideration of the Bill and a decision whether it is passed or rejected (Stage 3).

2.  A Bill which has been passed by the Parliament may additionally be subject to reconsideration at a further stage in the circumstances described in Rule 9.9.

3.  The business programme shall set out the time or times at which each Stage, or any part of any Stage, of a Bill is to be taken but there must be at least 2 weeks between completion of Stage 1 and the start of Stage 2 and, if the Bill is amended at Stage 2, between completion of that Stage and the start of Stage 3.

4.  If at any Stage a Bill falls or is rejected by the Parliament, no further proceedings shall be taken on the Bill and a Bill in the same or similar terms may not be introduced within the period of 6 months from the date on which the Bill fell or was rejected.

5.  A Bill introduced in any session of the Parliament falls if it has not been passed by the Parliament before the end of that session but a Bill in the same or similar terms may be introduced in any subsequent session.

Rule 9.6 Stage 1

1.  Once a Bill has been printed, the Parliamentary Bureau shall refer it to the committee within whose remit the subject matter of the Bill falls. That committee (referred to as “the lead committee”) shall consider and report on the general principles of the Bill. Where the subject matter of the Bill falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, designate one of those committees as the lead committee and the other committee or committees may also consider the general principles of the Bill and report its or their views to the lead committee.

2.  The Parliamentary Bureau shall also refer any provision in the Bill conferring powers to make subordinate legislation to the Subordinate Legislation Committee, which shall consider and report on those provisions to the lead committee.

3.  In considering the general principles of the Bill and preparing its report on them, the lead committee shall take into account any views submitted by any other committee, and shall incorporate in its report any report submitted by the Subordinate Legislation Committee. If the Bill is an Executive Bill, the lead committee shall also consider and report on its Policy Memorandum.

4.  Once the lead committee has reported on the Bill, the Parliament shall consider the general principles of the Bill in the light of the lead committee’s report and decide the question whether those general principles are agreed to.

5.  Any member may by motion propose that the Bill be referred back to the lead committee for a further report on the general principles of the Bill, or any specified part of the Bill, before the Parliament decides whether to agree to them.

6.  If the motion is agreed to, consideration of the Bill’s general principles is adjourned to a time to be determined by the Parliamentary Bureau. The Parliamentary Bureau shall refer the Bill back to the lead committee which shall prepare a further report in accordance with the Parliament’s decision.

7.  If the Parliament agrees to the Bill’s general principles the Bill proceeds to Stage 2. If the Parliament does not agree to the Bill’s general principles the Bill falls.

Rule 9.7 Stage 2

1.  If the Parliament has agreed to the Bill’s general principles, the Parliamentary Bureau shall–

(a)refer the Bill back to the lead committee which shall consider the details of the Bill in accordance with this Rule; or

(b)by motion propose that Stage 2 of the Bill be taken, in whole or in part, by a Committee of the Whole Parliament or a committee or committees other than the lead committee.

2.  The Presiding Officer shall be the convener of a Committee of the Whole Parliament and shall chair its proceedings and the provisions of these Rules about committees shall apply with such modifications as are appropriate.

3.  At Stage 2, each section and schedule and the long title of the Bill shall be considered separately and the committee shall decide whether they are agreed to. The question whether a section or schedule or the long title is agreed to shall be put by the convener without the need for any member to move a motion to that effect. Sections or schedules to which no amendments are proposed and which fall to be considered consecutively may be taken and agreed to together.

4.  Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which the sections and schedules of the Bill are to be considered at Stage 2, the committee may decide the order. Normally, a schedule shall be taken immediately after the section which introduces it. The long title shall be taken last.

5.  A Bill may be amended at Stage 2. Notice of an amendment may be given by any member after the completion of Stage 1.

6.  At Stage 2, amendments to any section or schedule or to the long title shall be disposed of before the committee considers whether to agree to the provision in question. Where no amendments are proposed to a section, a schedule or the long title, the committee shall proceed immediately to decide the question whether that provision is agreed to. If an amendment to leave out a section or schedule is not agreed to, that section or schedule shall be treated as agreed to.

7.  In addition to the provisions of Rule 12.2.2–

(a)a member who is not a member of a committee taking Stage 2 of a Bill, or part of it, is entitled to participate in the proceedings for the purpose of moving, debating or seeking agreement to withdraw an amendment in his or her name but he or she shall not vote;

(b)the member in charge of the Bill, if not a member of the committee, is entitled to attend the committee and participate in the proceedings but he or she shall not vote; and

(c)in the case of a Bill which is not an Executive Bill, the member of the Scottish Executive with general responsibility for the subject matter of the Bill, if not a member of the committee, is entitled to attend the committee and participate in the proceedings but he or she shall not vote.

8.  At the end of Stage 2, the Clerk shall, if the Bill has been amended, arrange for the Bill as amended to be printed and published.

9.  If the Bill has been amended at Stage 2 so as to insert or substantially alter provisions conferring powers to make subordinate legislation, the Bill as amended shall be referred to the Subordinate Legislation Committee to consider and report to the Parliament on those amendments.

Rule 9.8 Stage 3

1.  Stage 3 of a Bill shall be taken at a meeting of the Parliament.

2.  At Stage 3, the Parliament shall decide the question whether the Bill is passed.

3.  A Bill may be amended at Stage 3. Notice of an amendment may be given by any member after completion of Stage 2.

4.  The Presiding Officer may select, as he or she sees fit, those amendments which are to be taken at Stage 3 from amongst the amendments of which notice has been given.

5.  Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the provisions to which they relate arise in the Bill, before the Parliament debates the question whether the Bill is passed. If the Bill is amended, the member in charge of the Bill may, immediately after the last amendment is disposed of, by motion without notice propose that the remaining proceedings at Stage 3 be adjourned to a later day. Such a motion may not be debated or amended. If the motion is agreed to, the member in charge of the Bill may give notice of amendments to the Bill to be moved at the adjourned proceedings. Such amendments may only be for the purpose of clarifying uncertainties or giving effect to commitments given at the earlier proceedings at Stage 3. If the motion is not agreed to, the Parliament shall proceed immediately to debate the question whether the Bill is passed.

6.  At the beginning of the debate on the question whether the Bill is passed, the member in charge of the Bill may by motion propose that such part of the Bill as may be specified in the motion, amounting to no more than half of the total number of sections of the Bill, be referred back to committee for further Stage 2 consideration. If the motion is agreed to, the proceedings are adjourned to a time to be determined by the Parliamentary Bureau which shall refer the Bill to a committee in accordance with the Parliament’s decision. When the Stage 3 proceedings resume, amendments may be made to the Bill but only to the provisions which were referred back to committee or if they are necessary in consequence of any amendment made at the further Stage 2 proceedings.

7.  This Rule, apart from paragraph 6, shall apply to the resumed Stage 3 proceedings as it applies to the initial Stage 3 proceedings.

8.  At Stage 3 a Bill may be referred back to committee for further Stage 2 consideration only once.

9.  If there is a division at Stage 3 on the question whether the Bill is passed, 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 of the Parliament. In calculating the number of members who voted for this purpose, account shall be taken not only of those voting for and against the motion but also of those voting to abstain.

10.  If the result of such a division is not valid the Bill shall be treated as rejected.

Rule 9.9 Reconsideration of Bills passed

1.  The member in charge of a Bill may, after the Bill is passed, by motion propose that the Parliament resolve that it wishes to reconsider the Bill if–

(a)a question in relation to the Bill has been referred to the Judicial Committee of the Privy Council under section 33;

(b)a reference for a preliminary ruling (within the meaning of section 34(3)) has been made by the Judicial Committee in connection with that reference; and

(c)neither of those references has been decided or otherwise disposed of.

2.  The member in charge of a Bill may by motion propose that the Parliament resolve to reconsider the Bill if–

(a)the Judicial Committee of the Privy Council decides that the Bill or any provision of it would not be within the legislative competence of the Parliament; or

(b)an order is made in relation to the Bill under section 35 (order prohibiting Presiding Officer from submitting Bill for Royal Assent).

3.  Proceedings on reconsideration shall be taken at a meeting of the Parliament.

4.  A Bill may be amended on reconsideration of the Bill but only for the purpose of resolving the problem which is the subject of the reference for a preliminary ruling or which is the subject of the decision of the Judicial Committee or the order under section 35.

5.  After amendments have been disposed of, the Parliament shall consider and decide the question whether to approve the Bill.

Rule 9.10 Amendments to Bills

1.  Amendments to a Bill shall be in such form as the Presiding Officer may determine. The Clerk shall ensure that any such determinations of the Presiding Officer are notified to the Parliament.

2.  Subject to paragraph 6, where a member intends to move an amendment to a Bill at any Stage, he or she shall give notice of the amendment by lodging it with the Clerk no later than 2 sitting days before the day on which that Stage is due to start. Where the Stage is being taken over more than one day, notice of amendments may be given by no later than 2 sitting days before each day of proceedings at that Stage.

3.  Notice of an amendment shall set out the text of the amendment, together with the name of the member proposing it. The member in charge of the Bill (if not the member proposing the amendment) and up to 4 other members may indicate their support for an amendment by notifying the Clerk.

4.  The convener or, as the case may be, the Presiding Officer shall determine whether an amendment of which notice has been given is admissible and, if it is, the notice shall be printed in the Business Bulletin.

5.  An amendment is admissible unless–

(a)it is not in proper form;

(b)it is not relevant to the Bill or the provisions of the Bill which it would amend;

(c)it is inconsistent with the general principles of the Bill as agreed by the Parliament;

(d)it is inconsistent with a decision already taken at the Stage at which the amendment is proposed; or

(e)it would have the effect of taking the Bill or any of its provisions outwith the terms of any Financial Resolution of the Parliament in relation to the Bill or the amendment.

6.  An amendment may be moved at Stage 2 with notice of less than 2 sitting days having been given but only with the agreement of the convener. The convener shall give his or her agreement to such an amendment (referred to as “a manuscript amendment”) being moved only if he or she considers that the merits of the amendment outweigh the disadvantages of lack of proper notice. A manuscript amendment may not be moved at Stage 3.

7.  An amendment may be made to an amendment and this Rule shall apply accordingly.

8.  Where, at any Stage, notice of amendments to a Bill has been given, the Clerk shall prepare, for each day of proceedings on the Bill at which amendments are to be considered, a marshalled list of the amendments proposed. The list shall set out the amendments so far as not disposed of in the order in which they are to be disposed of as determined by the Clerk.

9.  An amendment to insert a new section or schedule shall normally specify where it is to be inserted and shall be disposed of accordingly.

10.  An amendment to an amendment shall be disposed of before the amendment which it would amend.

11.  An amendment at any Stage which would be inconsistent with a decision already taken at the same Stage shall not be taken.

12.  The convener or, as the case may be, the Presiding Officer may group amendments for the purposes of debate as he or she sees fit. An amendment debated as part of a group may not be debated again when it comes to be disposed of.

13.  The member moving an amendment may speak in support of it. The member in charge of the Bill and any member of the Scottish Executive or junior Scottish Minister present at the proceedings may also speak on the amendment. Other members may speak on an amendment at the discretion of the convener or, as the case may be, the Presiding Officer.

14.  If a member who has given notice of an amendment does not move the amendment when that amendment comes to be disposed of, the amendment may be moved by any other member present at those proceedings.

15.  An amendment may be withdrawn by the member who moved it, but only with the unanimous agreement of the committee or the Parliament, as the case may be.

Rule 9.11 Crown consent

1.  Where a Bill contains provisions, or is amended so as to include provisions, which would, if the Bill were a Bill for an Act of the United Kingdom Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall, the Parliament shall not debate any question whether the Bill is passed or approved unless such consent to those provisions has been signified by a member of the Scottish Executive during proceedings on the Bill at a meeting of the Parliament.

Rule 9.12 Financial Resolutions

1.  A resolution under this Rule is referred to as “a Financial Resolution”.

2.  Where a Bill, or an amendment to a Bill, contains provisions which introduce new, or increase existing, expenditure charged on or payable out of the Scottish Consolidated Fund, no proceedings may be taken on the Bill or the amendment at any Stage after Stage 1 unless the Parliament has by resolution agreed to the expenditure.

3.  Where a Bill, or an amendment to a Bill, contains provisions which impose or increase, or confer a power to impose or increase, any tax or charge, or otherwise requires any payment to be made, no proceedings may be taken on the Bill or the amendment at any Stage after Stage 1 unless the Parliament has by resolution agreed to the charge or tax or payment.

4.  A motion for a resolution under this Rule may be moved, and notice of such a motion may be given, only by a member of the Scottish Executive or a junior Scottish Minister.

5.  Any Bill which contains any provisions such as are mentioned in paragraph 2 or 3 shall be referred on introduction to the Finance Committee who shall prepare a report on the provisions.

6.  Unless the Parliament passes a resolution required in relation to the provisions of a Bill (as opposed to an amendment to a Bill) by this Rule within 3 months of the Bill’s introduction, the Bill falls.

Rule 9.13 Withdrawal of Bills

1.  A Bill may be withdrawn at any time by the member in charge but shall not be withdrawn after completion of Stage 1 except with the agreement of the Parliament.

Rule 9.14 Member’s Bills

1.  “Member’s Bill” means a Public Bill, other than a Committee Bill, which is introduced by a member who is not a member of the Scottish Executive and the purpose of which is to give effect to a proposal for a Bill made by that member in accordance with this Rule.

2.  Each member may introduce no more than 2 Member’s Bills in the same session. For the purposes of this paragraph only, a draft proposal for a Bill submitted by a member to the Parliamentary Bureau in pursuance of Rule 9.15.4 and subsequently introduced as a Committee Bill shall be treated as if it were a Member’s Bill introduced by that member.

3.  A member who is not a member of the Scottish Executive may give notice of a proposal for a Bill by lodging it with the Clerk. The notice shall set out the name of the member making the proposal, the proposed short title of the Bill and a brief explanation of the purposes of the proposed Bill. The notice shall be printed in the Business Bulletin for a period of one month from the date on which it is lodged.

4.  Any other member may notify the Clerk of his or her support for the proposal and the name of any member supporting the proposal shall be printed in the Business Bulletin along with the notice of the proposal.

5.  A Member’s Bill may be introduced by a member only if at least 11 other members have notified their support for the proposal within one month of the notice of the proposal having been given.

6.  If the proposal has not by the end of that period received support from a sufficient number of members to allow a Member’s Bill to be introduced, the proposal falls and a proposal in the same or similar terms may not be made by any member within 6 months of that proposal falling.

Rule 9.15 Committee Bills

1.  A Bill introduced in pursuance of this Rule is referred to as “ a Committee Bill”.

2.  A committee may make a proposal for a Bill in relation to competent matters within that committee’s remit in accordance with this Rule.

3.  For the purposes of deciding whether to make a proposal for a Bill, or what such a proposal should contain, a committee may hold an inquiry into the need for a Bill.

4.  Any member may submit to the Parliamentary Bureau a draft proposal for a Bill. The Parliamentary Bureau shall refer the draft proposal to a committee within whose remit the draft proposal falls. The committee shall consider whether it should make the proposal in accordance with this Rule.

5.  A proposal for a Bill under this Rule shall be made in the form of a report setting out the committee’s recommendations as to the provisions to be contained in the Bill, together with an explanation of the need for the Bill. The proposal may also contain a draft of a Bill to give effect to the proposal.

6.  A time shall be appointed in the business programme for consideration of the proposal by the Parliament.

7.  If the Parliament agrees to the proposal, the convener of the committee which made the proposal may, no earlier than the fifth sitting day after the date on which the Parliament agrees the proposal–

(a)if necessary, instruct the drafting of a Bill to give effect to the proposal; and

(b)introduce the Bill,

unless any member of the Scottish Executive or junior Scottish Minister has indicated before that day that an Executive Bill will be introduced to give effect to the proposal.

8.  At Stage 1 of a Committee Bill, the Bill shall be referred immediately to the Parliament for consideration of its general principles and a decision on whether they are agreed to. A report on the Bill’s general principles by a committee shall not be required.

Rule 9.16 Budget Bills

1.  A Budget Bill is an Executive Bill the purpose of which is to authorise sums to be paid out of the Scottish Consolidated Fund in any financial year, or to authorise sums received in any financial year to be applied without being paid into that Fund, and includes an Executive Bill to amend a Budget Act.

2.  A Budget Bill may be introduced only by a member of the Scottish Executive and shall not require to be accompanied by a Financial Memorandum, Explanatory Notes or a Policy Memorandum.

3.  At Stage 1 of a Budget Bill, the Bill shall be referred immediately to the Parliament for consideration of its general principles and a decision on whether they are agreed to. A report on the Bill’s general principles from a committee shall not be required. Stage 2 shall be taken by the Finance Committee.

4.  The requirement in Rule 9.5.3 that there be at least 2 weeks between Stages 1 and 2 and, if the Bill is amended at Stage 2, between Stages 2 and 3 shall not apply.

5.  Stage 3 shall begin no earlier than 20 days after introduction of the Bill. If Stage 3 is not completed before the expiry of 30 days after introduction of the Bill, the Bill falls.

6.  Amendments to a Budget Bill may be moved, and notice of amendments to such a Bill may be given, only by a member of the Scottish Executive.

7.  If a Budget Bill is dependent upon the Parliament passing a tax-varying resolution which provides, in accordance with section 73, for an increase for Scottish taxpayers of the basic rate and the Parliament rejects the motion for such a resolution, the Bill falls.

8.  If a Budget Bill falls or is rejected at any Stage by the Parliament, a Budget Bill in the same or similar terms may be introduced at any time thereafter.

Rule 9.17 Private Bills

1.  A Private Bill is a Bill introduced by an individual person, a body corporate or an unincorporated association of persons (referred to as “the promoter”) for the purpose of obtaining for the promoter particular powers or benefits in excess of or in conflict with the general law, and includes a Bill relating to the estate, property, status or style, or otherwise relating to the personal affairs, of the promoter. A Bill which is not a Private Bill is referred to as “a Public Bill”.

2.  A Private Bill may be introduced in the Parliament only on 27th March and 27th November in each year or, if either of those days is not a sitting day, the next sitting day after it.

3.  A Private Bill introduced in the Parliament shall be signed by or on behalf of the promoter.

4.  At Stage 1 of a Private Bill, the lead committee shall also consider and prepare a report to the Parliament on the need for the provision sought in the Bill and the extent to which there is opposition to the provision sought. For those purposes the committee may require the promoter, at the promoter’s own expense, to–

(a)deposit such further documents concerning the Bill as the committee sees fit;

(b)give such notice by advertisement of the provision sought as the committee considers necessary;

(c)make the Bill and any documents deposited available for public inspection within such areas and for such period as the committee considers appropriate;

(d)give notice of the provision sought to each of any owners, lessees and occupiers of any property affected by the provision;

(e)invite objections to the Bill or any of its provisions to be deposited with the Clerk by such date or dates as the Parliamentary Bureau may determine.

5.  If any requirement imposed by the committee is not complied with then, unless the committee agrees to dispense with the requirement, it shall report the matter to the Parliament which may decide that the Bill should be rejected.

6.  For the purposes of determining whether any of the provisions of a Private Bill are necessary or for disposing of any objections to the Bill or any of its provisions, a committee conducting Stage 2 may hold, or may arrange for a reporter appointed under Rule 12.6 or a person appointed for the purpose under Rule 12.7 to hold, an inquiry into the Bill or any of its provisions or any of the objections.

Rule 9.18 Consolidation Bills

1.  A Consolidation Bill is a Bill the purpose of which is to restate the existing law, whether or not with amendments to give effect to recommendations of the Scottish Law Commission or of the Scottish Law Commission and the Law Commission jointly. Where appropriate, such a Bill may be referred to as a Codification Bill.

2.  A Consolidation Bill shall not require to be accompanied by any accompanying documents but shall, where appropriate, be accompanied by tables of derivations and destinations.

3.  Where a Consolidation Bill has been introduced in the Parliament, the Parliamentary Bureau shall by motion propose, in accordance with Rule 6.1, the establishment of a committee (referred to as “a Consolidation Committee”) to consider the Bill in accordance with this Rule.

4.  In proposing the membership of a Consolidation Committee under Rule 6.3, the Parliamentary Bureau shall have regard to the subject matter of the Bill and shall, where possible, ensure that at least one member of the Committee is drawn from amongst the members of a committee within whose remit the subject matter of the Bill falls.

5.  At Stage 1 of a Consolidation Bill, the Consolidation Committee for that Bill, instead of the lead committee, shall consider and report on the question whether the law which is restated in the Bill should be restated. Once the Consolidation Committee has reported, the Parliament shall decide that question. There shall be no debate on that question.

6.  Stage 2 of a Consolidation Bill shall be taken by the Consolidation Committee for that Bill. No amendment may be made to the Bill which would cause it to cease to be a Consolidation Bill.

7.  At Stage 3 of a Consolidation Bill, the Parliament shall, without any debate on that question, decide whether the Bill is passed. Amendments may be made to the Bill at Stage 3 only if they are necessary to ensure that the Bill, if passed, is an accurate restatement of the law or are necessary to give effect to any recommendations of the Scottish Law Commission or of the Scottish Law Commission and the Law Commission jointly.

Rule 9.19 Statute Law Repeals Bills

1.  A Statute Law Repeals Bill is a Bill the purpose of which is to repeal, in accordance with recommendations of the Scottish Law Commission, spent enactments.

2.  Rule 9.18 shall apply to a Statute Law Repeals Bill with such modifications as are appropriate. In particular, the committee referred to in that Rule shall be known as “a Statute Law Repeals Committee”.

Rule 9.20 Statute Law Revision Bills

1.  A Statute Law Revision Bill is a Bill the purpose of which is to revise the statute law by repealing enactments which are no longer in force or have become unnecessary and re-enacting provisions of Acts (whether of the United Kingdom Parliament or the Scottish Parliament) which are otherwise spent.

2.  Rule 9.18 shall apply to a Statute Law Revision Bill with such modifications as are appropriate. In particular, the committee referred to in that Rule shall be known as “a Statute Law Revision Committee”.

Rule 9.21 Emergency Bills

1.  Any member of the Scottish Executive or a junior Scottish Minister may by motion propose that an Executive Bill introduced in the Parliament be treated as an Emergency Bill. If the Parliament agrees to such a motion, the provisions of this Rule shall apply to such a Bill.

2.  At Stage 1, an Emergency Bill shall be referred immediately to the Parliament for consideration of its general principles and a decision on whether they are agreed to. A report on the Bill’s general principles from a committee shall not be required.

3.  Stage 2 of an Emergency Bill shall be taken by a Committee of the Whole Parliament.

4.  The requirement in Rule 9.5.3 that there be at least 2 weeks between Stages 1 and 2 and, if the Bill is amended at Stage 2, between Stages 2 and 3, shall not apply to an Emergency Bill.

5.  Unless the Parliament decides otherwise on a motion of the Parliamentary Bureau, all of the Stages of an Emergency Bill shall be taken on the day on which the Parliament decides that the Bill is to be treated as an Emergency Bill. The time available for each of the Stages of an Emergency Bill, and for debates at each of those Stages, shall be decided by the Parliament on a motion of the Parliamentary Bureau. A motion under this paragraph may not be debated or amended.