HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
the original Lords amendment, which is then returned with the bill to the Commons for further consideration by them. CONSENT OF THE CROWN 8.184 Where a bill affects the prerogative or interest of the Crown, the Consent of the Crown is required and in respect of public bills must be signified to the House by a minister who is a Privy Counsellor. This Consent places the Crown’s prerogative and interest at the disposal of Parliament for the purposes of the bill, but does not imply that the Crown approves the provisions that require its Consent. 8.185 A bill affecting the interests of the Duchy of Cornwall or the Duchy of Lancaster requires Consent, unless the Crown’s Consent has been obtained and the effect on the Duchy is not distinct from that on the Crown. In such a case Consent is given by the Crown on behalf of each Duchy or, when the Prince of Wales is of age, by Him as Duke of Cornwall. 8.186 In the case of a bill affecting the prerogative of the Crown, Consent is normally signified before the motion for second reading. If a bill affects the interests of the Crown but not the prerogative, the normal practice is to signify Consent on third reading in order to take account of any amendments made to the bill. 8.187 The Consent of the Crown may also be signified on consideration of Commons amendments if it has not been previously signified and one of the Commons amendments makes it necessary. Measures and private bills 8.188 Consent of the Crown may also be required in respect of a Measure or a private bill (see paragraphs 8.225 and 9.53). ROYAL ASSENT 8.189 Letters Patent are issued from time to time to signify the Royal Assent to bills and Measures passed by both Houses of Parliament. 8.190 Royal Assent is usually notified to each House sitting separately in accordance with the provisions of the Royal Assent Act 1967. Once Royal Assent has been notified to both Houses, the bills become Acts of Parliament. If notification is given on different days to each House, the date of Royal Assent is the date of notification in the second House. 162
8.191 Notification is frequently given before oral questions, but it may take place at any break between two items of business, or at the end of business, if necessary after an adjournment. The order in which notification is given is as follows: supply bills, other public bills, provisional order confirmation bills, private bills, personal bills, Measures. 8.192 Royal Assent may also be signified by Commission, as described in appendix F (page 248). Refusal of Royal Assent 8.193 The power to refuse Royal Assent was last exercised in 1708, when Queen Anne refused Her Assent to a bill for settling the Militia in Scotland. 1 Record copies of Acts 8.194 Two record copies of each Act are printed, Public Acts on vellum and Private Acts on durable paper. One copy is signed by the Clerk of the Parliaments, who endorses it with the appropriate Norman-French formula. 2 This copy is preserved in the Parliamentary Archives, the other in the National Archives. PROCEDURES WHICH APPLY ONLY TO CERTAIN TYPES OF BILL Parliament Acts 1911 and 1949 8.195 Under the Parliament Acts 1911 and 1949 certain public bills may be presented for Royal Assent without the consent of the Lords. The Acts do not apply to bills originating in the Lords, bills to extend the life of a Parliament beyond five years, provisional order confirmation bills, private bills or delegated legislation. The conditions which must be fulfilled before a bill can be presented for Royal Assent under the Acts vary according to whether or not the bill is certified by the Speaker of the House of Commons as a money bill. 1 LJ (1705–09) 506. 2 See appendix H, page 248. 163
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the original Lords amendment, which is then returned with the bill to the<br />
Commons for further consideration by them.<br />
CONSENT <strong>OF</strong> THE CROWN<br />
8.184 Where a bill affects the prerogative or interest of the Crown, the<br />
Consent of the Crown is required and in respect of public bills must be<br />
signified to the House by a minister who is a Privy Counsellor. This<br />
Consent places the Crown’s prerogative and interest at the disposal of<br />
<strong>Parliament</strong> for the purposes of the bill, but does not imply that the<br />
Crown approves the provisions that require its Consent.<br />
8.185 A bill affecting the interests of the Duchy of Cornwall or the<br />
Duchy of Lancaster requires Consent, unless the Crown’s Consent has<br />
been obtained and the effect on the Duchy is not distinct from that on<br />
the Crown. In such a case Consent is given by the Crown on behalf of<br />
each Duchy or, when the Prince of Wales is of age, by Him as Duke of<br />
Cornwall.<br />
8.186 In the case of a bill affecting the prerogative of the Crown,<br />
Consent is normally signified before the motion for second reading. If a<br />
bill affects the interests of the Crown but not the prerogative, the normal<br />
practice is to signify Consent on third reading in order to take account of<br />
any amendments made to the bill.<br />
8.187 The Consent of the Crown may also be signified on consideration<br />
of Commons amendments if it has not been previously signified and one<br />
of the Commons amendments makes it necessary.<br />
Measures and private bills<br />
8.188 Consent of the Crown may also be required in respect of a<br />
Measure or a private bill (see paragraphs 8.225 and 9.53).<br />
ROYAL ASSENT<br />
8.189 Letters Patent are issued from time to time to signify the Royal<br />
Assent to bills and Measures passed by both Houses of <strong>Parliament</strong>.<br />
8.190 Royal Assent is usually notified to each House sitting separately in<br />
accordance with the provisions of the Royal Assent Act 1967. Once<br />
Royal Assent has been notified to both Houses, the bills become Acts of<br />
<strong>Parliament</strong>. If notification is given on different days to each House, the<br />
date of Royal Assent is the date of notification in the second House.<br />
162
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