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Session 2006 - 07
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House of Commons Standing Orders - Public Business

 
 

Bills which are

 

prima facie

 

hybrid.

 

 

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.

 

(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.

 

Amendment on

 

second or third

 

reading.

 

 

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.

 

(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.

 

Committal of

 

bills not subject

 

to a programme

 

order.

 

 

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 public bill committee unless the

 

House otherwise orders.

 

(2) A motion—

 

(a) to commit a bill to a committee of the whole House or

 

to a select committee, or a motion that it is expedient

 

that a bill be committed to a joint committee of Lords

 

and Commons; or

 

(b) to give a public bill committee to which a bill has been

 

committed under this order power to send for persons,

 

papers and records,

 

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 public bill 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 public bill

 

committee.

 

Notices of

 

amendments,

 

&c., to bills.

 

 

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 half‑past 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.

 

Amendments in

 

committee.

 

 

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.

 

Committee of

 

whole House on

 

bill.

 

 

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 law rewrite bills).

 

Postponement of

 

preamble.

 

 

67. In a committee on a bill any preamble shall stand

 

postponed until after the consideration of the clauses and of any

 

schedules.

 

Debate on clause

 

or schedule

 

standing part.

 

 

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.

 

Procedure on

 

offer of new

 

clause.

 

 

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.

 
 

When chairman

 

leaves chair

 

without question

 

put.

 

 

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.

 

Report of bill

 

from committee

 

of whole House.

 

 

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.

 

Consideration of

 

bill as amended

 

in 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

 

re‑commit the bill in whole or in part.

 

Report of bills

 

committed to

 

public bill

 

committees.

 

 

73. Save as provided in Standing Order No. 92

 

(Consideration on report of certain bills by a general

 

committee) every bill committed to and reported from a public

 

bill 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.

 

Re-committal of

 

bill.

 

 

74. If a motion to re‑commit a bill as a whole be made, the

 

Speaker shall permit a brief explanatory statement of the

 

reasons for such re‑committal from the Member who makes,

 

and a brief statement from a Member who opposes, any such

 

motion, and shall then put the question thereon.

 

Amendments on

 

report.

 

 

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.

 
 

Debate on bill

 

reported from

 

public bill

 

committee.

 

 

76. When a bill has been committed to a public bill

 

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.

 

Third reading.

 

 

77. No amendments, not being merely verbal, shall be made

 

to any bill on the third reading.

 

Lords

 

amendments.

 

 

78.—(1) Lords amendments to public bills and Lords

 

reasons shall be appointed to be considered on a future day,

 

unless the House shall order them to be considered forthwith,

 

and the provisions of Standing Order No. 57A (Bills brought

 

from the Lords) shall apply to the appointment of consideration

 

and the printing of Lords amendments and reasons as they

 

apply to the appointment of second reading and the printing of

 

bills brought from the House of Lords.

 

(2) When the order of the day for the consideration of Lords

 

amendments to a public bill or Lords reasons 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.

 

Pecuniary

 

penalties.

 

 

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:

 

(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.

 

Privilege (bills

 

brought from the

 

Lords).

 

 

80. The House may proceed with any public bill brought

 

from the Lords except a bill of aids and supplies, provided

 

that—

 

(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.

 

Carry-over of

 

bills.

 

 

80A.—(1) Subject to the following provisions of this order,

 

a Minister of the Crown may give notice of a motion (a

 

‘carry‑over motion’) that proceedings on a public bill not

 

completed before the end of the Session shall be resumed in the

 

next Session of Parliament; and the Speaker shall put any

 

question necessary to dispose of proceedings on such a

 

motion—

 

(a) forthwith if the motion is made on the day the bill is

 

read a second time; or

 

(b) not more than one and a half hours after the

 

commencement of proceedings on the motion if the

 

motion is made at any other time.

 

(2) A carry‑over motion may be proceeded with, though

 

opposed, after the moment of interruption.

 

(3) A carry‑over motion shall not be made in respect of more

 

than one bill.

 

(4) A carry‑over motion shall not be made in respect of a bill

 

carried over from a previous Session of Parliament.

 

(5) A carry over motion may be made only in respect of a bill

 

presented by a Minister of the Crown.

 

(6) The provisions of this order shall not apply to a carry-over

 

motion made in respect of a bill brought from the Lords.

 

(7) Paragraphs (8) to (11) of this order shall apply to any bill

 

ordered to be carried over to the next Session of Parliament in

 

pursuance of a carry‑over motion.

 

(8) If proceedings in committee on the bill are begun but not

 

completed before the end of the first Session, the chairman

 

shall report the bill to the House as so far amended and the bill

 

and any evidence received by the committee shall be ordered to

 

lie upon the Table.


 
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