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10.53 If no resolution for annulment is passed, any certified petition is referred to a joint committee, except that a petition of general objection is not referred if either House has resolved within the resolution period that it should not be. Any special report of the two Chairmen, and any counter-petitions, are also referred to the committee. 10.54 If no petition is referred to a joint committee at the end of the resolution period, and no resolution for annulment has been passed, the order may come into operation. Joint committee 10.55 Joint committees under the 1945 Act consist of three members of each House, and private business SO 209 governs their proceedings. Where a petition is for amendment, 1 the committee may report the order with or without amendments to give effect to the petition in whole or in part. Where the petition is of general objection, the committee may report the order with or without amendments, or report that the order be not approved. The report of the joint committee is laid before both Houses. Where the order is reported without amendment, 2 it may come into operation from the date when the report of the committee is laid before Parliament. 10.56 Where the order is reported with amendments, 3 the minister may bring the order as amended into operation on a date of his choice, or withdraw the order, or bring it to Parliament for further consideration by means of a bill for its confirmation. 10.57 Where the committee reports that the order be not approved, the order does not take effect unless confirmed by Act of Parliament. Confirming bills 10.58 A confirming bill presented in respect of an order reported with amendments is a public bill and sets out the order as amended. 4 It is treated as if the amendments had been made in committee in the House in which it is presented, and in the second House likewise it proceeds 1 s. 5. 2 s. 6. 3 PBSO 214. 4 s. 6(4). 204
straight to consideration on report. 1 A bill presented in respect of an order which the committee has reported be not approved goes through the same procedure, unless a petition for amendment was certified but was not dealt with by the joint committee. In that case the confirming bill has a first and second reading, and is referred to that committee for the purpose of considering that petition. Report and third reading follow. In the second House the bill proceeds straight to consideration on report. Orders relating to Scotland 2 10.59 In the case of orders which do not deal with matters within the legislative competence of the Scottish Parliament but which relate exclusively to Scotland, a preliminary inquiry into objections is held in Scotland by Commissioners in accordance with the Private Legislation Procedure (Scotland) Act 1936. If the minister concerned accepts the Commissioners’ recommendations, the order is laid before Parliament and the subsequent proceedings are as already described, except that no petition, whether for amendment or of general objection, is referred to a joint committee unless either House so orders within the resolution period. If the minister is not prepared to accept the Commissioners’ recommendations, he may, instead of laying the order before Parliament, introduce a bill for the confirmation of the order. The procedure on such a bill is the same as for a bill under section 9 of the 1936 Act. Northern Ireland Assembly legislation 3 10.60 The Northern Ireland Assembly legislates on transferred or devolved matters, and the United Kingdom Parliament has no part to play in the enactment of such legislation. However, certain matters such as taxation and international relations are excepted or reserved for legislation by the United Kingdom Parliament. The Northern Ireland Assembly can legislate on excepted and reserved matters with the consent of the Secretary of State. 10.61 In such circumstances, section 15 of the Northern Ireland Act 1998 provides that the Secretary of State may not submit for Royal Assent a bill of the Northern Ireland Assembly touching on an excepted 1 s. 6(5). 2 s. 10. 3 Procedure 4th Rpt 1999–2000. 205
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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
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4.33 There are reasons for these cu
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eferred to by their ministerial tit
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Law Officers of the Crown, Judges o
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the original motion as amended. It
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(c) Appellate proceedings, whether
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concerned can decide whether they c
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78 General principles 6. By virtue
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80 might be the case. Relevant inte
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itself once each Parliament, the Su
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5.14 Paragraphs 8(c) and 8(d) of th
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Registration 5.22 The Guide lists 1
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Use of facilities and services 5.32
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CHAPTER 6 STATEMENTS, QUESTIONS AND
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Publication in Hansard 6.08 Where a
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6.16 In drafting a question, though
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Questions should not ask the govern
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Secretary of State’s questions ar
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The ballot for Secretary of State
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or any other member to ensure that
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Motions General 6.46 In a normal fu
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egularly used for select committee
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6.63 If the number of speakers on t
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Committees on motions 6.77 On rare
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CHAPTER 7 DIVISIONS General princip
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into two streams in each lobby. 1 T
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division list in the Minutes of Pro
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(f) on a motion to insist, or not t
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The debate on the amendment and the
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(c) on all bills of considerable le
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Procedure on introduction: Lords bi
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provisional order confirmation bill
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Constitution Committee 8.35 The Con
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Room. 1 Following first reading, a
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advice when the amendment is called
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amendments to insert a new clause a
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of the House will not have had an o
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Effect of groupings on third readin
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ill without Question put either in
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e resumed. The Lord in the Chair th
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8.102 Any bill may be committed to
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Special public bill committee 8.113
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the order may be discharged and an
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Commons amendments) in Committee of
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8.139 Only the mover of an amendmen
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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
Page 168 and 169: Consolidation bills 8.204 Consolida
Page 170 and 171: the Lords the committee stage of a
Page 172 and 173: 8.222 The Measure is submitted firs
Page 174 and 175: CHAPTER 9 PRIVATE LEGISLATION Role
Page 176 and 177: with. 1 These standing orders requi
Page 178 and 179: the case of bills originating in th
Page 180 and 181: second reading. 1 Such bills are no
Page 182 and 183: evidence from the parties and the r
Page 184 and 185: e deposited by the promoter at cert
Page 186 and 187: The petition must be signed by one
Page 188 and 189: Scotland; and petitions him to issu
Page 190 and 191: deemed to have been given for the s
Page 192 and 193: proceeds in the Lords straight from
Page 194 and 195: Types of delegated legislation 10.0
Page 196 and 197: 10.10 A motion to approve an affirm
Page 198 and 199: on the government to take action or
Page 200 and 201: 10.27 If however a scrutiny committ
Page 202 and 203: 10.37 When the Chairman of Committe
Page 204 and 205: to orders made under Acts passed be
Page 208 and 209: or reserved matter unless he has la
Page 210 and 211: to any Member to table a free-stand
Page 212 and 213: laid a copy before Parliament; pub
Page 214 and 215: 11.05 Certain committees are reappo
Page 216 and 217: Committee for Privileges and Conduc
Page 218 and 219: deliberate or to take evidence. Sel
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Page 222 and 223: Legislative and Regulatory Reform A
Page 224 and 225: consider the merits or policy of de
Page 226 and 227: of eleven members of the House, inc
Page 228 and 229: House, including membership of any
Page 230 and 231: CHAPTER 12 PARLIAMENTARY PRIVILEGE
Page 232 and 233: any form of molestation of, or inte
Page 234 and 235: have arisen in only two cases in th
Page 236 and 237: DATA PROTECTION 12.22 The Data Prot
Page 238 and 239: APPENDIX A DIVISIONS: INSTRUCTIONS
Page 240 and 241: 238 (f) Any visitor who is suspecte
Page 242 and 243: Summoning the Commons The presiding
Page 244 and 245: Then the presiding Commissioner say
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Page 248 and 249: presence of the Sovereign. This was
Page 250 and 251: APPENDIX F ROYAL ASSENT BY COMMISSI
Page 252 and 253: APPENDIX G PROROGATION BY COMMISSIO
Page 254 and 255: 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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