Standing Orders of the House of Commons - Public Business 2002 (2) Contents


STANDING ORDERS 2002(2)

Public Bills



  57.—(1) A Member may, after notice, present a bill without previously obtaining leave from the House to bring in the same. Presentation and first reading.
  
  (2) When a bill is presented either in pursuance of an order of the House or under the provisions of paragraph (1) of this order, the bill shall be read the first time without any question being put, shall be ordered to be read a second time on such day as the Member presenting it shall appoint, and shall be ordered to be printed.
  
  (3) If a Member informs the Clerks at the Table of his intention to take charge of a bill which has been brought from the Lords, the bill shall be deemed to have been read the first time on the day on which the Member so informs the Clerks, and to have been ordered to be read a second time on such day as he shall appoint, and shall be recorded in the Journal of the House as having been read the first time and ordered to be read a second time on the day so appointed, and shall be ordered to be printed.
  
  58.—(1) In this order 'a consolidation bill' means a public bill which falls to be considered by the select committee appointed under Standing Order No. 140 (Joint Committee on Consolidation, &c., Bills). Consolidation bills.
  
  (2) Notices of amendments, new clauses and new schedules to be moved in committee in respect of a consolidation bill may be received by the Clerks at the Table before the bill has been read a second time.
  
  (3) When a motion shall have been made for the second reading, or for the third reading, of a consolidation bill, the question thereon shall be put forthwith.
  
  (4) If a motion that a consolidation bill be not committed is made by a Minister of the Crown immediately after the bill has been read a second time, the motion shall not require notice and the question thereon shall be put forthwith and may be decided at any hour, though opposed.
  
  59.—(1) Any public bill, the main purpose of which is to give effect to proposals contained in a report by either of the Law Commissions, other than a private Member's bill or a bill to which Standing Order No. 58 (Consolidation bills) applies, shall, when it is set down for second reading, stand referred to a second reading committee, unless— Law Commission bills.
  
    (a) the House otherwise orders, or

    (b) the bill is referred to the Scottish Grand Committee.

  
  (2) If a motion that a bill such as is referred to in paragraph (1) above shall no longer stand referred to a second reading committee is made by a Minister of the Crown at the commencement of public business, the question thereon shall be put forthwith.
  
  (3) The provisions of paragraphs (3) to (6) of Standing Order No. 90 (Second reading committees) shall apply to any bill referred to a second reading committee under paragraph (1) above.
  
  60.—(1) In this order 'a Tax law rewrite bill' means a bill which has been presented, or brought in upon an order of the House, by a Minister of the Crown and which has been ordered to be proceeded with as such a bill. Tax law rewrite bills.
  
  (2) A motion may be made by a Minister of the Crown at the commencement of public business, that a specified bill be so proceeded with, and the question thereon shall be put forthwith.
  
  (3) A Tax law rewrite bill shall, upon the making of an order under paragraph (2) above, stand referred to a second reading committee unless the House otherwise orders.
  
  (4) A motion may be made by a Minister of the Crown at the commencement of public business, that a Tax law rewrite bill shall no longer stand referred to a second reading committee, and the question thereon shall be put forthwith.
  
  (5) The provisions of paragraphs (3) to (6) of Standing Order No. 90 (Second reading committees) shall apply to any bill referred to a second reading committee under paragraph (3) above.
  
  (6) A Tax law rewrite bill shall, upon its being read a second time, stand committed to the Joint Committee on Tax law rewrite Bills.
  
  (7) A bill which has been reported from the said Joint Committee shall stand re­committed to a committee of the whole House unless the House otherwise orders.
  
  (8) If a motion that the committee of the whole House be discharged from considering a Tax law rewrite bill is made by a Minister of the Crown immediately after the order of the day has been read for the House to resolve itself into a committee on the bill, the motion shall not require notice and the question thereon shall be put forthwith and may be decided at any hour, though opposed; and if such question is agreed to the bill shall be ordered to be read the third time.
  
  61.—(1) Where a public bill (not being a bill to confirm a provisional order or certificate) is ordered to be read a second time on a future day, and it appears that the standing orders relating to private business may be applicable to the bill, the Examiners of Petitions for Private Bills shall be ordered to examine the bill and they shall proceed and report with all convenient speed whether the said standing orders are applicable thereto. If they find that the standing orders are applicable, they shall further report whether they have been complied with. Bills which are prima facie hybrid.
  
  (2) If the Examiners report that any standing order applicable to the bill has not been complied with, and the Standing Orders Committee report that such standing order ought not to be dispensed with, the order of the day relating to the bill shall be discharged.
  
  62.—(1) If on an amendment to the question 'That a bill be now read a second time (or the third time)' it is decided that the word 'now' stand part of the question, the Speaker shall forthwith declare the bill to be read a second or the third time as the case may be. Amendment on second or third reading.
  
  (2) When the question has been proposed 'That a bill be now read a second time (or the third time)' and the question on any amendment to leave out all the words after 'That' and insert other words has passed in the negative, the main question shall be put forthwith.
  
  63.(1) When a public bill (other than a Consolidated Fund or an Appropriation Bill, or a Tax law rewrite bill, or a bill for confirming a provisional order) has been read a second time, it shall stand committed to a standing committee unless the House otherwise order. Committal of bills.
  
  (2) A motion to commit a bill to a committee of the whole House or to a select committee or to a special standing committee, or a motion that it is expedient that a bill be committed to a joint committee of Lords and Commons, may be made by any Member and if made immediately after the bill has been read a second time shall not require notice, and, though opposed, may be decided after the expiration of the time for opposed business, and the question thereon shall be put forthwith.
  
  (3) A motion to commit a bill to a standing committee in respect of some of its provisions and to a committee of the whole House in respect of other provisions may be made by the Member in charge of the bill and, if made immediately after the bill has been read a second time, shall not require notice, and may, though opposed, be decided after the expiration of the time for opposed business. If such a motion is opposed, the Speaker after permitting, if he thinks fit, a brief explanatory statement from the Member who makes and from a Member who opposes the motion shall, without permitting any further debate, put the question thereon.
  
  (4) If the question on a motion made under paragraph (2) or paragraph (3) of this order is negatived, the Speaker shall forthwith declare that the bill stands committed to a standing committee.
  
  64. Whenever the House is adjourned for more than one day, notices of amendments to bills, new clauses or new schedules or of amendments to Lords amendments received in the Public Bill Office at any time not later than half­past four o'clock on the last day on which the House is not sitting (excluding any Saturday, Sunday, bank holiday or public holiday in England) may be accepted as if the House were sitting. Notices of amendments, &c., to bills.
  
  65. All committees to which bills may be committed or referred for consideration on report shall have power to make such amendments therein as they shall think fit, provided they be relevant to the subject matter of the bill: but if any such amendments shall not be within the long title of the bill, they shall amend the long title accordingly, and report the same specially to the House. Amendments in committee.
  
  66. Whenever an order of the day is read for the House to resolve itself into a committee on a bill, the Speaker shall leave the chair without putting any question, and the House shall thereupon resolve itself into such committee, unless notice of an instruction to such committee has been given, when such instruction shall be first disposed of, or unless the committee is discharged in pursuance of paragraph (8) of Standing Order No. 60 (Tax simplification bills). Committee of whole House on bill.
  
  67. In a committee on a bill any preamble shall stand postponed until after the consideration of the clauses and of any schedules. Postponement of preamble.
  
  68. If, during the consideration of a bill in a committee of the whole House, the chairman is of opinion that the principle of a clause or schedule and any matters arising thereon have been adequately discussed in the course of debate on the amendments proposed thereto, he may, after the last amendment to be selected has been disposed of, state that he is of this opinion and shall then forthwith put the question 'That the clause (or, the clause, as amended) stand part of the bill' or 'That this schedule (or this schedule, as amended) be the schedule to the bill', as the case may be. Debate on clause or schedule standing part.
  
  69. When a Member has brought up a clause or schedule in committee on a bill or on consideration of a bill on report, it shall be read the first time without any question being put. Procedure on offer of new clause.
  
  70. When the chairman of a committee of the whole House has been ordered to make a report to the House, he shall leave the chair without putting any question. Every such report shall be brought up without any question being put. When chairman leaves chair without question put.
  
  71. At the close of the proceedings of a committee of the whole House on a bill, the chairman shall report the bill forthwith to the House, and when amendments shall have been made thereto, a day shall be appointed for taking the bill, as amended, into consideration, unless the House shall order it to be taken into consideration forthwith. Report of bill from committee of whole House.
  
  72. When the order of the day for the consideration of a bill, as amended in a committee of the whole House, has been read, the House shall proceed to consider the same without question put, unless the Member in charge thereof nominates a future day for its consideration or a motion shall be made to re­commit the bill in whole or in part. Consideration of bill as amended in committee of whole House.
  
  73. Save as provided in Standing Order No. 92 (Consideration on report of certain bills by a standing committee) every bill committed to and reported from a standing committee, whether amended or not, shall be considered on report by the House, and the provisions of Standing Order No. 72 (Consideration of bill as amended in committee of whole House) shall apply to such consideration. Report of bills committed to standing committees.
  
  74. If a motion to re­commit a bill as a whole be made, the Speaker shall permit a brief explanatory statement of the reasons for such re­committal from the Member who makes, and a brief statement from a Member who opposes, any such motion, and shall then put the question thereon. Re-committal of bill.
  
  75. Upon the consideration of a bill on report no amendment which could not have been proposed in committee without an instruction from the House may be proposed unless it has been authorised by a resolution of the House. Amendments on report.
  
  76. When a bill has been committed to a standing committee, or has been so committed in respect of some of its provisions, then, on consideration on report of the bill or such of its provisions as were so committed, the rule against speaking more than once shall not apply to the Member in charge of the bill or to the mover of any amendment or new clause or schedule in respect of that amendment or clause or schedule. Debate on bill reported from standing committee.
  
  77. No amendments, not being merely verbal, shall be made to any bill on the third reading. Third reading.
  
  78.—(1) Lords amendments to public bills shall be appointed to be considered on a future day, unless the House shall order them to be considered forthwith. Lords amendments.
  
  (2) When the order of the day for the consideration of Lords amendments to a public bill has been read, the House shall proceed to consider the same without question put, unless the Member in charge thereof nominates a future day for their consideration.
  
  (3) If the Speaker is satisfied that a Lords amendment imposes a charge upon the public revenue such as is required to be authorised by resolution of the House under Standing Order No. 49 (Certain proceedings relating to public money) and that such charge has not been so authorised, on reaching that amendment, the Speaker shall declare that he is so satisfied and the amendment shall be deemed to have been disagreed to and shall be so recorded in the Journal.
  
  79. With respect to any bill brought to this House from the House of Lords, or returned by the House of Lords to this House, with amendments, whereby any pecuniary penalty, forfeiture, or fee shall be authorised, imposed, appropriated, regulated, varied, or extinguished, this House will not insist on its ancient and undoubted privileges in the following cases: Pecuniary penalties.
  
    (1) when the object of such pecuniary penalty or forfeiture is to secure the execution of the Act, or the punishment or prevention of offences;

    (2) where such fees are imposed in respect of benefit taken or service rendered under the Act, and in order to the execution of the Act, and are not made payable into the Consolidated Fund, or in aid of the public revenue, and do not form the ground of public accounting by the parties receiving the same, either in respect of deficit or surplus;

    (3) when such bill shall be a private bill for a local or personal Act.

  
  80. The House may proceed with any public bill brought from the Lords except a bill of aids and supplies, provided that— Privilege (bills brought from the Lords).
  
    (a) it is so framed that no charge upon the people or upon public funds, unless it be such a charge as is defined in Standing Order No. 79 (Pecuniary penalties), is imposed or altered; and

    (b) in the case of a bill which, if it were not so framed, would have as its main object the imposition or alteration of such a charge, a Minister of the Crown has informed the Clerk at the Table of his intention to take charge of it.

  
  81. The precise duration of every temporary law or enactment shall be expressed in a distinct clause or subsection of the bill. Temporary laws.
  
  82. There shall be a committee, to be called the Business Committee, consisting of the Chairman of Ways and Means, who shall be chairman of the committee, and not more than eight other Members to be nominated by the Speaker, in respect of each bill to which this order applies. The quorum of the committee shall be four. The committee— Business Committee.
  
    (a) shall, in the case of any bill in respect of which an order has been made by the House, allotting a specified number of days or portions of days to the consideration of the bill in committee of the whole House or on report, divide the bill into such parts as it may see fit and allot to each part so many days or portions of a day so allotted as it may consider appropriate; and

    (b) shall report its resolution (or resolutions) to the House, and on a motion being made for the consideration of such report the question thereon shall be put forthwith and on consideration of the said report the question 'That this House doth agree with the committee in its resolution (or resolutions)' shall be put forthwith and, if that question be agreed to, any such resolution shall have effect as if it were an order of the House.

    Proceedings in pursuance of this sub-paragraph, though opposed, may be decided after the expiration of the time for opposed business.

  
  83. If a motion be made by a Minister of the Crown providing for an allocation of time to any proceedings on a bill the Speaker shall, not more than three hours after the commencement of the proceedings on such a motion, put any question necessary to dispose of those proceedings. Allocation of time to bills.
  
  



 
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Prepared 12 November 2002