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division list in the Minutes of Proceedings and in the Journals, drawing attention to the discrepancy between the numbers announced and the names recorded. Insufficiency of Tellers 7.20 If after three minutes from the time when the Bar is ordered to be cleared, one side has appointed Tellers, but no Teller, or only one Teller, has been appointed by the other side, a division cannot take place; 1 and the Lord on the Woolsack or in the Chair declares the Question decided in favour of the side which has appointed two Tellers. He uses the following words: “My Lords, Tellers for the Contents [Not-contents] have not been appointed pursuant to Standing Order No. 53. A division, therefore, cannot take place, and I declare that the Not-contents [Contents] have it.” 2 7.21 If both sides fail to appoint Tellers, a division cannot take place and the Question is decided in accordance with SO 56 (see below). The Lord on the Woolsack or in the Chair informs the House: “My Lords, Tellers have not been appointed either for the Contents or for the Not-contents pursuant to Standing Order No. 53. A division, therefore, cannot take place, and in accordance with Standing Order No. 56 [… adding the appropriate formula which will be supplied by the Clerk at the Table].” Equality of votes 7.22 If the Contents and Not-contents are equal in number 3 or if both sides fail to appoint tellers, the Question is decided on the principle contained in SO 56 that legislation is allowed to proceed in the form which is before the House unless there is a majority in favour of rejecting or amending it; and that other motions are rejected unless there is a majority in their favour. 4 If there is an equality of votes on a division, the Clerk delivers the result to the Lord on the Woolsack or in the Chair, 1 SO 53(2). 2 Procedure 2nd Rpt 1968–69. 3 Procedure 1st Rpt 1962–63. 4 SO 56 superseded the ancient rule, “Semper praesumitur pro negante”. 116
who reads out the numbers of those voting in the normal way and announces the result as follows: (a) on a motion to advance a bill by a stage, or on an amendment to such a motion: “There being an equality of votes, in accordance with Standing Order No. 56, which provides that no proposal to reject a bill shall be agreed to unless there is a majority in favour of such rejection, I declare the motion agreed to [the amendment disagreed to].” (b) on an amendment to a bill: “There being an equality of votes, in accordance with Standing Order No. 56, which provides that no proposal to amend a bill in the form in which it is before the House shall be agreed to unless there is a majority in favour of such an amendment, I declare the amendment disagreed to.” (c) on an amendment to an amendment: “There being an equality of votes, in accordance with Standing Order No. 56, which provides that the Question before the House shall be resolved in the negative unless there is a majority in its favour, I declare the amendment to the amendment disagreed to.” (d) on the Question in Committee of the whole House that “a clause stand part” of a bill or that “this be a Schedule” to a bill, since the effect of resolving this Question in the negative would be to amend the bill: “There being an equality of votes, in accordance with Standing Order No. 56, which provides that no proposal to amend a bill in the form in which it is before the House shall be agreed to unless there is a majority in favour of such amendment, I declare the Question resolved in the affirmative.” (e) on consideration of a Commons amendment, since the form of the bill before the House is taken to be the bill as amended by the Commons: “There being an equality of votes, in accordance with Standing Order No. 56, which provides that no proposal to amend a bill in the form in which it is before the House shall be agreed to unless there is a majority in favour of such amendment, I declare the Commons amendment agreed to.” 117
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HOUSE OF LORDS Companion to the Sta
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PREFACE This is the 22nd edition of
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Secret sittings ...................
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Introduction and first reading.....
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Procedure on consideration of Commo
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Remedial orders ...................
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ABBREVIATIONS Erskine May Erskine M
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By the Act of Settlement 1701 1 “
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elected among the 15) in the releva
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no member of the House may act as s
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Leave of absence 1.27 Members of th
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announcement takes a standard form
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emunerated directorships and other
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Seating in the Chamber 1.54 The sid
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28 1. Throne 2. Cloth of Estate 3.
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CHAPTER 2 THE CROWN AND PARLIAMENTA
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2.09 A government backbencher also
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does not apply to a dissolution, wh
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Messages to members of the Royal Fa
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CHAPTER 3 SITTINGS AND DOCUMENTS OF
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Adjournment 3.09 At the end of busi
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Leave of the House 3.19 The leave o
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House of Lords Business 3.27 House
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oral questions, which may be tabled
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(c) business expressly exempted fro
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3.43 Private bills are entered on t
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e taken during the dinner break. On
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the remaining business from that si
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must submit a notification and expl
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papers can be found in the Handbook
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CHAPTER 4 CONDUCT IN THE HOUSE Self
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Any advice or assistance given by t
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Order of speaking 4.25 When two or
Page 68 and 69: 4.33 There are reasons for these cu
Page 70 and 71: eferred to by their ministerial tit
Page 72 and 73: Law Officers of the Crown, Judges o
Page 74 and 75: the original motion as amended. It
Page 76 and 77: (c) Appellate proceedings, whether
Page 78 and 79: concerned can decide whether they c
Page 80 and 81: 78 General principles 6. By virtue
Page 82 and 83: 80 might be the case. Relevant inte
Page 84 and 85: itself once each Parliament, the Su
Page 86 and 87: 5.14 Paragraphs 8(c) and 8(d) of th
Page 88 and 89: Registration 5.22 The Guide lists 1
Page 90 and 91: Use of facilities and services 5.32
Page 92 and 93: CHAPTER 6 STATEMENTS, QUESTIONS AND
Page 94 and 95: Publication in Hansard 6.08 Where a
Page 96 and 97: 6.16 In drafting a question, though
Page 98 and 99: Questions should not ask the govern
Page 100 and 101: Secretary of State’s questions ar
Page 102 and 103: The ballot for Secretary of State
Page 104 and 105: or any other member to ensure that
Page 106 and 107: Motions General 6.46 In a normal fu
Page 108 and 109: egularly used for select committee
Page 110 and 111: 6.63 If the number of speakers on t
Page 112 and 113: Committees on motions 6.77 On rare
Page 114 and 115: CHAPTER 7 DIVISIONS General princip
Page 116 and 117: into two streams in each lobby. 1 T
Page 120 and 121: (f) on a motion to insist, or not t
Page 122 and 123: The debate on the amendment and the
Page 124 and 125: (c) on all bills of considerable le
Page 126 and 127: Procedure on introduction: Lords bi
Page 128 and 129: provisional order confirmation bill
Page 130 and 131: Constitution Committee 8.35 The Con
Page 132 and 133: Room. 1 Following first reading, a
Page 134 and 135: advice when the amendment is called
Page 136 and 137: amendments to insert a new clause a
Page 138 and 139: of the House will not have had an o
Page 140 and 141: Effect of groupings on third readin
Page 142 and 143: ill without Question put either in
Page 144 and 145: e resumed. The Lord in the Chair th
Page 146 and 147: 8.102 Any bill may be committed to
Page 148 and 149: Special public bill committee 8.113
Page 150 and 151: the order may be discharged and an
Page 152 and 153: Commons amendments) in Committee of
Page 154 and 155: 8.139 Only the mover of an amendmen
Page 156 and 157: Further proceedings after third rea
Page 158 and 159: of the bill are no longer at issue,
Page 160 and 161: 8.170 If the Commons amend the Lord
Page 162 and 163: LORDS AMENDMENTS TO COMMONS BILLS 8
Page 164 and 165: the original Lords amendment, which
Page 166 and 167: Money bills 8.196 A money bill is a
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Consolidation bills 8.204 Consolida
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the Lords the committee stage of a
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8.222 The Measure is submitted firs
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CHAPTER 9 PRIVATE LEGISLATION Role
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with. 1 These standing orders requi
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the case of bills originating in th
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second reading. 1 Such bills are no
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evidence from the parties and the r
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e deposited by the promoter at cert
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The petition must be signed by one
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Scotland; and petitions him to issu
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deemed to have been given for the s
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proceeds in the Lords straight from
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Types of delegated legislation 10.0
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10.10 A motion to approve an affirm
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on the government to take action or
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10.27 If however a scrutiny committ
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10.37 When the Chairman of Committe
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to orders made under Acts passed be
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10.53 If no resolution for annulmen
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or reserved matter unless he has la
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to any Member to table a free-stand
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laid a copy before Parliament; pub
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11.05 Certain committees are reappo
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Committee for Privileges and Conduc
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deliberate or to take evidence. Sel
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egular debates on select committee
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Legislative and Regulatory Reform A
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consider the merits or policy of de
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of eleven members of the House, inc
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House, including membership of any
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CHAPTER 12 PARLIAMENTARY PRIVILEGE
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any form of molestation of, or inte
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have arisen in only two cases in th
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DATA PROTECTION 12.22 The Data Prot
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APPENDIX A DIVISIONS: INSTRUCTIONS
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238 (f) Any visitor who is suspecte
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Summoning the Commons The presiding
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Then the presiding Commissioner say
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place the most favourable construct
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presence of the Sovereign. This was
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APPENDIX F ROYAL ASSENT BY COMMISSI
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APPENDIX G PROROGATION BY COMMISSIO
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APPENDIX H ENDORSEMENTS TO BILLS Lo
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we thine unworthy servants, here ga
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The Reading Clerk reads the Letters
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APPENDIX L SCRUTINY RESERVE RESOLUT
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INDEX absence of member asking ques
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annulment equality of votes, 118 of
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pre-legislative scrutiny, 128 print
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Committee of Selection, 225 Committ
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demise of the Crown, 34 oath to be
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financial privilege. see Commons fi
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maiden speeches, 68 intervals, mini
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memorials complaining of non-compli
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entitlement of members to, 56 may n
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Privileges and Conduct, Committee f
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ules of debate, 151 Representation
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Sewel motion. see Scottish Parliame
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Joint Committee on, 168 tax status
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ISBN 978 0 10 847241 1 £13.50
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