HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
with. 1 These standing orders require notices and advertisements and the deposit of bills and other documents at various public offices. 9.08 Complaints of non-compliance with the standing orders (“memorials”) may be presented, and memorialists are entitled to be heard before the Examiner. 2 9.09 The Examiner certifies to both Houses whether the standing orders applicable have, or have not, been complied with. If they have not been complied with, the Examiner reports the facts and any special circumstances. Should the Examiner be in doubt as to the construction of any standing order in its application to a particular case, he or she makes a special report of the facts, without deciding whether the standing order has or has not been complied with. 3 9.10 In a case of non-compliance or doubt the Examiner’s certificate or report is referred by each House to its Standing Orders (Private Bills) Committee. 4 Both Committees must agree to suspend or dispense with the relevant Standing Orders in order for the bill to progress further. European Convention on Human Rights 9.11 The memorandum which accompanies each Private Bill when it is deposited on 27 November includes a statement by or on behalf of the promoters of the bill as to the compatibility of the provisions of the bill with the Convention Rights (as defined in the Human Rights Act 1998). 5 In the case of every private bill, whether introduced in the Lords or the Commons, a report from a minister of the Crown on the promoter’s statement of opinion required by Private Business SO 38(3) is to be presented no later than the second sitting day after first reading in each House. 6 Late bills 9.12 A promoter who wishes to introduce a bill late (after 27 November) submits to the two Chairmen a statement of the objects 1 PBSOs 70, 3. 2 PBSOs 76–79. 3 PBSOs 72, 81. 4 PBSO 87. 5 PBSO 38(3). 6 PBSO 98A. 174
of the bill, the reasons for the need to proceed during the current session, and the reasons why it was impracticable to deposit the bill by 27 November. 9.13 The Chairmen consider: (a) whether the explanation justifies the delay in depositing the bill; and (b) whether the proposals are so urgent that postponement of the bill to the following November would be contrary to the public interest. 9.14 If the Chairmen are satisfied on these points, or if they consider that the public interest so requires, the appropriate Chairman gives leave for the petition and the bill to be deposited in the House in which they decide the bill is to originate. 1 9.15 After the petition together with the proposed bill has been presented to the House, it is referred to the Examiners. The Examiners certify to both Houses non-compliance with standing orders. The Certificate is referred to the Standing Orders Committee of each House. If both committees report that the standing orders ought to be dispensed with, the bill is presented and read a first time. 9.16 The bill, as presented, should not contain any non-urgent provisions nor any other than those outlined in the original statement of the promoters in support of their application. Lords bills: introduction and first reading 9.17 The allocation of private bills between the two Houses is determined between the two Chairmen or, more usually, their Counsel, on or before 8 January. 2 The private bills proposed to be introduced are divided as equally as possible between the two Houses with a view to general convenience. Where a bill has been rejected previously in one House, a subsequent bill with similar objects normally originates in that House. Personal bills and consolidation bills usually originate in the Lords. 9.18 It is usual, before any allocation is made, for Counsel to the two Chairmen to invite representations from each promoter. 9.19 First reading is “formal”, that is to say, by way of an entry in the Minutes of Proceedings. No proceedings take place in the House itself. In 1 PBSO 97. 2 PBSO 90. 175
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with. 1 These standing orders require notices and advertisements and the<br />
deposit of bills and other documents at various public offices.<br />
9.08 Complaints of non-compliance with the standing orders<br />
(“memorials”) may be presented, and memorialists are entitled to be<br />
heard before the Examiner. 2<br />
9.09 The Examiner certifies to both Houses whether the standing<br />
orders applicable have, or have not, been complied with. If they have not<br />
been complied with, the Examiner reports the facts and any special<br />
circumstances. Should the Examiner be in doubt as to the construction of<br />
any standing order in its application to a particular case, he or she makes<br />
a special report of the facts, without deciding whether the standing order<br />
has or has not been complied with. 3<br />
9.10 In a case of non-compliance or doubt the Examiner’s certificate or<br />
report is referred by each House to its Standing Orders (Private Bills)<br />
Committee. 4 Both Committees must agree to suspend or dispense with<br />
the relevant Standing Orders in order for the bill to progress further.<br />
European Convention on Human Rights<br />
9.11 The memorandum which accompanies each Private Bill when it is<br />
deposited on 27 November includes a statement by or on behalf of the<br />
promoters of the bill as to the compatibility of the provisions of the bill with<br />
the Convention Rights (as defined in the Human Rights Act 1998). 5 In the<br />
case of every private bill, whether introduced in the Lords or the Commons,<br />
a report from a minister of the Crown on the promoter’s statement of<br />
opinion required by Private Business SO 38(3) is to be presented no later<br />
than the second sitting day after first reading in each House. 6<br />
Late bills<br />
9.12 A promoter who wishes to introduce a bill late (after<br />
27 November) submits to the two Chairmen a statement of the objects<br />
1 PBSOs 70, 3.<br />
2 PBSOs 76–79.<br />
3 PBSOs 72, 81.<br />
4 PBSO 87.<br />
5 PBSO 38(3).<br />
6 PBSO 98A.<br />
174