Erskine May's Treatise on The Law, Privileges, Proceedings and Usage of Parliament Twenty-second Edition

Editors Sir Donald Limon, KCB Clerk of the House of Commons W R McKay, CB Clerk Assistant, House of Commons Assistant Editors House of Commons G Cubie Principal Clerk, Table Office R J Willoughby Registrar of Members' Interests W A Proctor Clerk of Standing Committees and Clerk of Private Bills HEIrwin Second Clerk of Select Committees House of Lords E C Ollard Clerk of Public Bills

Butterworths London 1997 CONTENTS

Preface vii Table of Abbreviations xlvi

PART I CONSTITUTION, POWERS AND PRIVILEGES OF PARLIAMENT

Introduction 3

Chapter 1 The constituent parts of Parliament Introductory 9 The Sovereign 10 The House of Lords 12 Lords Spiritual 12 Lords Temporal 12 Disclaimer of peerage 13 Peers of Ireland 14 Expenses of Members of the House of Lords 14 The House of Commons 15 Representation in the House of Commons 15 Financial status of the House of Commons 18 Payment of Members 18 Increase in payment of Members 19 Salaries of Members who are Officers of the House, Ministers of the Crown, Leader of the Opposition, Opposition Whips 20 Travelling expenses of Members 22 Members' Fund 23 Parliamentary Contributory Pension Fund 24 History of Parliament Trust 25

Chapter 2 Elections The Electorate 26 Disqualification of electors 27 Constituencies 27 Registration of electors 28 Registration officers 29 Postal and proxy voting 29 The holding of elections 29 Election campaigns 30 xi xii Contents New writs 31 Vacancies during a session 31 Period for presenting petitions 31 Vacancy by peerage 31 Supersedeas to writs 32 Issue warrants by the Speaker during adjournment or recess 32 Appointment of Members to issue writs 33 Manner of issue of writs 33 Return of writs 34 Correction of error in return 34 Failure to make return to writ 34 Members returned for two places 34 Equality of votes cast 35 Trial of controverted elections 35 Procedure under the Representation of the People Act 1983 35 Proceedings of the House in matters of election 36 Proceedings of House upon determination of election trials 36 Corrupt practices 37

Chapter 3 Disqualification for membership of either House Disqualification for membership of the House of Lords 38 Aliens 38 Persons under twenty-one 38 Bankruptcy 38 Treason 39 Mental Health Act 1983 39 Disqualification by sentence of the House 39 Disqualification for membership of the House of Commons 40 Aliens 40 Persons under twenty-one 40 Mental illness 40 Peers 41 Bankruptcy 41 Treason 42 Other crimes 42 Corrupt practices at elections 42 Clergy 43 Returning officers 44 Petitioning candidates 44 Disqualification of certain office-holders 44 Non-political office 44 Public service disqualification 45 Disqualification by particular office 46 Chiltern Hundreds and Manor of Northstead 47 Effect and disregard of disqualification 48 Jurisdiction of the Privy Council in disqualification 49 Penalties 49 Amendment of House of Commons Disqualification Act 1975 50 Political office 50 Contents xiii Chapter 4 Power and jurisdiction of Parliament Extent of legislative authority of Parliament 52 Commonwealth legislation 53 The European Communities Act 1972 54 Extent of the Prerogative of the Crown in reference to Parliament 55 Annual meeting of Parliament 55 Summons 55 Demise of the Crown 56 Causes of summons 56 Prorogation 56 Effect of a prorogation 57 Meeting of Parliament accelerated or deferred by proclamation 57 Meeting of Parliament accelerated pursuant to statute 57 Meeting for despatch of business 57 Adjournment 58 Dissolution 58 Rights and functions of the House of Lords 59 House of Lords as a Court of Judicature 60 Principal power of the Commons 63 Ministerial accountability to Parliament 63 Power to summon witnesses 64

Chapter 5 The privilege of Parliament What constitutes privilege 65 Lords: Privileges of Parliament and of peerage 67 Historical development of privilege 68 Freedom of speech 69 Freedom from arrest 72 Freedom of access 78 Favourable construction 78 Privilege with respect to the constitution of the House 79 Penal jurisdiction 80 Modern application of privilege law 81

Chapter 6 Privilege of freedom of speech Freedom of speech in debate 83 Publication of debates or proceedings 84 Commons 85 Lords 85 Publication outside Parliament of proceedings and debates in Parliament 86 Exclusive cognisance of proceedings 88 Article IX of the Bill of Rights 93 'Impeached' and 'questioned' 93 'Proceedings in Parliament' 95 Implied amendment, etc 97 Proceedings, precincts and criminal acts 98 xiv Contents

Chapter 7 Privilege of freedom from arrest Criminal law and statutory detention 100 House to be informed of arrests 100 House to be informed of sentences for criminal offences 101 Statutory detention 102 Contempt of court 102 Bankruptcy 104 Detention under the Mental Health Act 104 Privileges related to freedom from arrest 105 Admissibility of Members as bail 105 Members summoned as witnesses 105 Exemption from jury service 106 Duration of the privilege of freedom from arrest 106 House of Lords 106 House of Commons 107 Privilege extending beyond members 107

Chapter 8 Contempts Misconduct in presence of either House or a committee 108 Strangers 108 Witnesses 109 Disobedience to rules or orders of either House or of a Committee 110 General and particular rules 110 Orders of committees 110 Petitions and other documents 111 Misconduct of Members or Officers 111 Members deliberately misleading the House 111 Corruption or impropriety 112 Professional services connected with proceedings 115 Advocacy by Members of matters in which they have been concerned professionally 116 Other misconduct by Members 116 Misconduct by officers 116 Constructive contempts 117 Reflections on either House 117 Publication of false or perverted reports of debates 117 Premature publication or disclosure of committee proceedings 118 Other indignities offered to either House 120 Obstructing Members of either House in the discharge of their duty 121 Arrest 121 Molestation, reflections and intimidation 121 Improper influence 124 Misrepresenting Members 125 Obstructing officers of either House 125 Obstruction or molestation 125 Legal proceedings against officers, etc 126 Obstructing witnesses and others 126 Arrest 126 Contents xv

Molestation of or interference with witnesses 126 Tampering with witnesses 127 Legal proceedings against witnesses 128 Protection of petitioners and others with business before Parliament or with Members 128 Constituents and others in communication with Members 129

Chapter 9 Penal jurisdiction of both Houses Committal 131 Warrants of committal 133 Protection of officers in executing warrants 134 Warrants of committal and the courts 135 Committal without warrant 136 Period of committal and discharge 137 Punishment of strangers other than by committal 138 Fines 138 Reprimand or admonition 138 Prosecution of offenders 139 Punishment of Members 139 Reprimand or admonition 140 Suspension 140 Expulsion 141 Power of both Houses to secure attendance of persons on matters of privilege 142 Power to send for persons in custody 142

Chapter 10 Complaints of breach of privilege or contempt Raising a complaint 144 Hearing of counsel 145 Consideration of reports of committees on complaints 146 Proceedings against Members 148 Complaints against Members or officers of the other House 149 Complaints reported by committees 149 Complaints by officers of either House 150 Disclosure following secret session 151

Chapter 11 The courts and parliamentary privilege The opposing views 153 First phase of the conflict 155 The second phase: the nineteenth century 160 Early and mid-twentieth century 164 Later twentieth century cases 165 xvi Contents PART II PROCEEDINGS IN PARLIAMENT: PUBLIC BUSINESS

Chapter 12 Precincts and organization of Parliament

Palace of Westminster 175 General arrangements 175 Chambers of the two Houses 176 Places of Members 178 Lords 178 Commons 178 Attendance of Members 179 Leave of absence 179 Lords 179 Commons 180 Access to the Houses of Parliament 180 Admission of strangers 180 Lords 180 Commons 181 Officers of the two Houses 184 Officers of the Lords 184 The Lord Chancellor 184 Deputy Speakers 184 Chairman and Principal Deputy Chairman of Committees 185 Deputy Chairmen of Committees 185 Permanent officers of the Lords 185 Clerk of the Crown in Chancery: Lords and Commons 186 The Gentleman Usher of the Black Rod and Serjeant-at-Arms 187 Officers of the Commons 188 The Speaker of the House of Commons 188 The Speaker as representative of the House of Commons 188 The Speaker as presiding officer of the House of Commons 189 The Speaker's administrative duties 192 Resignation of Speaker 193 Deputy Speaker in the Commons (Standing Orders Nos 2 and 3) 194 The Chairman of Ways and Means 195 Deputy Chairman of Ways and Means 196 Temporary chairmen 197 Principal Permanent Officers of the Commons 197 Internal administration 200 In the House of Lords 201 Offices under the Clerk of Parliaments 201 In the House of Commons 202 The House of Commons Commission 202 Departments in the House of Commons 204 Shorthand writer: Lords and Commons 208 Other statutory officers etc 209 The Comptroller and Auditor General 209 The Public Accounts Commission 209 The Parliamentary Commissioner for Administration 210 Party Machinery in Parliament 210 Contents xvii Changes in procedure effected by party system 210 The Official Opposition 211 Leader of the House of Commons 212 Constitution and financing of party machinery 213 Duties of Whips 213 Party Machinery in the Lords 214 Financial assistance to opposition parties 214 Parliamentary papers and publications 215 Papers dealing with daily business of the two Houses 215 House of Lords 215 House of Commons 216 The Official Reports of Debates in the Lords and Commons 220 Papers presented to Parliament 223 Command Papers 223 Act Papers 223 Returns 224 Presentation of papers 225 Copyright 227 Printing and Distribution of Papers 227 Broadcasting of Parliamentary Proceedings 229 Editorial control 230 Retention of records 230

Chapter 13 A new Parb'ament and opening and close of session Parliamentary and sessional periods 231 Summons of Parliament 231 Prorogation and adjournment 232 Alteration of the opening of Parliament after prorogation 234 Meeting of a new Parliament 236 Certificate of return 236 Black Rod attends the Commons 236 Commons attend in the House of Lords 237 Proceedings in the Lords—Oaths 237 Election of a Speaker by the Commons 237 Oath in the Commons 241 Opening of new session 243 Opening by Queen in person 244 Opening by Commission 244 Report of Queen's Speech 245 Business taken before consideration of Queen's Speech 245 Address in reply to Queen's Speech 246

Chapter 14 A Sitting: general arrangements in the House of Commons Days and hours of sitting 248 Extraordinary sittings and adjournments 248 Prolongation of sitting till Sunday morning 249 Attendance of Parliament at Divine service 249 Attendance of Parliament at certain Royal ceremonies 249 xviii Contents Extraordinary adjournments 250 Hours of meeting 250 Broken sittings 250 Abnormally long sittings 251 Rules for closing the sitting 251 When business is not exempted from the ten o'clock rule 251 Interruption of business 251 Transaction of business after moment of interruption 252 Formal motions after interruption of business 253 Business not disposed of before the termination of a sitting 253 When business is exempted from the ten o'clock rule 254 Business exempted under various Standing Orders 254 Proceedings under Acts of Parliament 255 Exemption of specified business by order of the House 255 Suspension of a sitting 256 Disposal of questions pending at moment of interruption 258 Adjournment on question 259 Adjournment of the House, without question put 259 On Friday (Standing Order No 11) 259 On Saturday and Sunday 259 Cases of grave disorder 259 Adjournment beyond the next day of sitting 260 Quorum of the House 260 Interruptions of business 261 Proceedings in secret session 262 Appearance of Witnesses before the Commons 263 Mode of summoning attendance 263 Examination of witnesses at the Bar of the House of Commons 263

Chapter 15 The control and distribution of time in the House of Commons Introduction 265 Time available to the House in a session 265 The length of a session 265 Times of sitting 266 Times at which the House normally sits 266 Arrangement of sittings 267 Division of sittings between public and other business 267 Time available for business other than public business 267 Main varieties of public business 269 Control of time in the House 269 Basis and nature of the Government's control 269 The allocation of time to Opposition and private Members' business 270 Private Members' time 270 Order of precedence of private Members' bills 270 Opposition time 271 Business taken in government time 271 The government programme 271 Address in reply to the Queen's Speech 272 Government bills 272 Contents xix Financial business 272 Delegated legislation, etc, and European Community documents 273 Other government business 275 Government motions 275 Substantive motions for the adjournment 275 Adjournment motions under Standing Order No 24 278 Private Members' business taken in government time 278 Matters of privilege 279 Motions under Standing Order No 23 (The Ten Minute Rule) 279 Committee of Selection 279 Church of England Measures 280 Miscellaneous private Members' business taken in Government time 280 Censure motions 280 Time spent on the main varieties of public business 281 Use of time on floor of the House 281

Chapter 16 Outline of items of business in programme of sitting of the House of Commons Difference in order of business between Wednesdays, Fridays and other days 283 Order of business 284 Prayers 285 Business taken immediately after Prayers (or at 2.30 pm on Wednesdays) 286 Report of Queen's answers to Addresses 286 Formal communications by the Speaker 286 Motions for new writs 286 Private business 287 Motions for unopposed returns 290 Questions 291 Questions for oral answer and answers to oral and written questions 291 Time for asking questions 291 Notice of questions 292 Questions for oral answer 292 Questions for written answer 293 Withdrawal of questions 293 Deferral of questions etc 294 Speaker's control of questions 294 Limitation of number of oral questions 294 Persons to whom questions may be addressed 295 Rules of order regarding form and contents of questions 296 Manner of asking questions 303 Printed answers 304 Oral answers and supplementary questions 305 Private notice questions 306 Business taken after questions 306 Ministerial statements 306 xx Contents Introduction of new Members 308 Proposals to move the adjournment of the House under Standing Order No 24 309 Ceremonial speeches 311 Personal statements 312 Matters relating to privilege 313 Business taken 'at the commencement of public business' 314 Presentation of public bills under Standing Order No 57 314 Government motions relating to committees 315 Government motions regulating the business and sittings of the House 315 Motions for leave to bring in bills or for nomination of select committees under Standing Order No 23 316 Privilege motions admitting of notice 317 Orders of the day and notices of motions 318 Reading of orders of the day 318 Procedure upon orders of the day 319 Deferment of orders and motions 319 Orders of the day not to be brought forward to an earlier date 320 Orders of the day not reached before the adjournment of the House 320 Discharge of orders of the day 320 Procedure on notices of motions 321 Unexpected ending of business and dropped orders 321 Superseded orders 322 Renewal of notices of motions 322 Transaction of business as a matter of course 322 Business motions under Standing Order No 15(2) 322 Business exempted under Standing Orders Nos 15(1) and 16 (Proceedings under an Act or on European Community Documents) 323 Presentation of public petitions 323 Adjournment motions under Standing Orders Nos 9(7) and 10 324 Rules on daily adjournment motions under Standing Order No 9(7) 324 Rules on Wednesday morning adjournment debates under Standing Order No 10 326 General restrictions on motions for the adjournment of the House 326

Chapter 17 The process of debate in the House of Commons by motion, question and decision Motions 328 Substantive and subsidiary motions 328 Rules regulating notice of motions 329 Manner of giving notice 329 Period of notice 330 Change of day for a motion 330 Motions made without notice 330 Waiver of the requirement for notice 331 Contents xxi Change of terms of notice of motion 332 Withdrawal of notice 332 Rules governing the form and subject matter of motions 332 Matters which may be raised only on a substantive motion 332 Matters awaiting judicial decision 333 Matters already decided during the same session 333 The rule of anticipation 334 Length of motions 335 Manner of dealing with irregular notices of motions 335 Alterations in the terms of question from terms of motion 337 Moving of motions 337 Proposal of motions 337 Motions debated together 338 Seconding of motions 338 Questions 338 Proposal of question upon a motion 338 Withdrawal of motions 339 Superseding the question 339 Use of motion for adjournment of House or of debate 339 Restrictions on motions for adjournment of House or of debate 340 Use of the previous question 341 Complicated questions 342 Conclusion of debate 343 Amendments 343 Object of an amendment and effect on debate 343 Amendments superseding a question 343 Amendments modifying a question 344 Selection of amendments 344 Notice of amendments to motions 344 Order in moving amendments 344 Questions proposed on amendments 345 Rejection both of amendment and original question 345 Rules with respect to form and content of amendments 346 Amendments to be relevant 346 Amendments to be intelligible 346 Other restrictions on contents of amendments 346 Amendment to words added to, or inserted in, question, out of order 347 Certain stock forms of questions not amendable 347 Order of amendments 347 Order in which amendments are considered 347 Special arrangements on taking amendments 348 Amendments to proposed amendments 349 Decisions and divisions 349 Putting a question at close of debate 349 Voice and vote 349 Procedure on a division 350 Declaration of numbers 351 Divisions unnecessarily claimed 352 Irregularities discovered at the time of a division 352 Errors discovered after a division 355 xxii Contents Casting vote of Speaker 357 Principles on which Speaker gives casting vote 358 Mr Speaker Addington's decision of 1796 358 Mr Speaker Denison's decision of 1867 359 Mr Speaker Denison's decision of 1860 360 Casting vote of Chairman in Committee of whole House 360 Votes on matters affected by personal pecuniary interest 361 Objections overruled by the Chair 361 Personal interest in votes on questions of public policy 362 Personal interest in votes on private bills 363 Procedural Motions: no interest involved 363 Time and manner for making motions to disallow votes 364 Personal interest in votes in private bill committees 364 Personal interest other than pecuniary 365 Orders and resolutions 365 Orders and resolutions agreed to nemine contradieente 365 Reversal of decisions by discharge, repeal, annulment and rescission 366 Discharge of an order 366 Addresses to the Crown 366 Repeal of a Standing Order 366 Proceedings null and void 367 Rescission of resolutions 368 Restrictions on power of rescission 368 Notice necessary to rescind a resolution 369 Modification of resolution 369 Reversal of decision 370

Chapter 18 Maintenance of order during debate in the House of Commons Rules governing the manner and time of speaking 371 Manner of speaking 371 Reading speeches 372 Place of speaking 372 Time of speaking 373 Precedence in speaking 373 Precedence on resuming an adjourned debate 374 Restriction of speeches 375 Members to speak only once to a question 375 Relaxation of rule on consideration of bill reported from a standing committee 375 Right of reply 376 Power to speak again when new question is proposed 376 Interventions 377 Speech on point of order 377 Length of speeches 378 Rules governing the contents of speeches 378 Relevance in debate 378 Debate on dilatory motions 379 Motions for adjournment of the House 380 Reference to proceedings in standing and select committees 380 Contents xxiii Reflecting upon votes of House 380 References to debates in House of Lords 380 References to Queen in debate 381 Disloyal or disrespectful reference to Queen 381 Use of Queen's name to influence debate 382 Words against Parliament, or either House 382 Against a statute 382 Matters awaiting judicial decision 383 Discussion of a capital sentence 384 Reflections on Sovereign, etc 384 Personal allusions and unparliamentary expressions 386 Allegations against Members 386 Citing documents not before House 387 Law officers' opinions 389 Responsibility for the laying of documents 389 Display of articles to illustrate speeches 389 Reference to strangers 390 Rules of behaviour for Members not speaking 390 Members to keep their places 390 Crossing before Members speaking 390 Reading of books, etc 390 Silence 391 Hissing or clapping, etc 391 Cries of 'hear, hear', etc 391 Cry of 'shame' 392 Members' dress 392 Smoking and refreshments 392 Powers of the chair to enforce order 392 Disciplinary powers under standing order 393 Irrelevance or tedious repetition 393 Minor breaches of order 394 The use of disorderly or unparliamentary expressions 394 Grossly disorderly conduct 394 Grave disorder 395 Obstruction of the business of the House otherwise than by disorderly conduct or persistence in irrelevance or tedious repetition 395 Members suspended other than by Standing Order procedure 396 Right of Members to direct the attention of the Chair to supposed breaches of order 396 Procedure when the Speaker rises 397 Proceedings on the naming of a Member 397 Suspension, withdrawal and exclusion from precincts 399 Misbehaviour in the lobbies 399

Chapter 19 Methods of curtailing debate Standing Orders and occasional orders 401 Questions put forthwith 401 Referral to committees 401 Business of the House 402 xxiv Contents Financial procedure 403 Other 403 Time limits 403 Elapse of period 403 Time of day 404 Elapse of period of time 404 Brief debate 404 Discretion of Chair 405 Orders for particular occasions 405 Selection of amendments 405 Closure of debate 406 The ordinary closure 407 When closure is movable 407 Closure on contingent questions 408 Closure at moment of interruption 408 Closure claimed on contingent questions at or after moment of interruption 409 Closure on moving of motion or amendment 409 Previous question 410 Allocation of time orders (Guillotines) 410 Procedure for allocation of time orders 410 Business committee 411 Usual provisions made under allocation of time orders 411 Stages of bills 411 Definition of allotted day 412 Application of ten o'clock rule 413 Adjournment motions 413 Opposed private business 414 'Ten minute rule' bills 414 Dilatory motions etc 414 Machinery for bringing proceedings to a conclusion 415 Provision for subsequent supplemental orders 415 Savings 415 Other powers conferred by orders 416 Orders in case of bills rejected by Lords 417 Arrangements alternative to allocation of time orders 418 Use of allocation of time orders 418

Chapter 20 Rules governing the conduct of Members and the disclosure of financial interests in the House of Commons The Code of Conduct 420 Disclosure and registration of personal pecuniary interest 420 Declaration of interest in debate 421 Declaration in other proceedings of the House 421 Declaration in Select Committees 422 Divisions 423 Other declarations 423 Register of Members' interests 423 Employment agreements 425 Contents xxv

The advocacy rule 425 Delegations 427 Procedure for complaints 427 Other registers 428

Chapter 21 Organization and conduct of business in the House of Lords Arrangement of business 429 Arrangement of the session 429 Days and times of sitting 429 Public business 429 Judicial business 429 Quorum 430 Notice of business 430 Arrangement of the Order Paper 431 Tabling of motions and questions 431 Anticipation 432 Wording of questions and motions 432 Nationalized and privatized industries 433 Executive agencies 433 Order of business 433 Variation of order of business 434 Proceedings in the House 435 Prayers 435 Introductions 435 Form of ceremony 435 Oath of Allegiance 436 Messages from the Crown 437 Royal Assent 437 Tributes 437 Personal statements 437 Starred questions 438 Private notice questions 438 Ministerial statements 439 Private bills 440 Business of the House motions 440 Public bills, measures, affirmative instruments and select committee reports 440 Other motions 440 Motions for papers 440 Motions for resolutions 441 Motions 'To take note' 441 Wednesday debates 441 Short debates 441 Other Wednesday debates 442 Unstarred questions 442 Leave of the House 443 Adjournment 443 Process of debate 444 Moving of motions 444 xxviii Contents

Bills brought from the Lords 497 Examination of a bill before printing 497 Printing of a bill before second reading 502 Alterations in a bill 502 Bills withdrawn and other bills presented 502 Withdrawal of bills 502 Second reading 503 Second reading moved 503 Amendments to question for second (or third) reading 504 Questions on amendments proposed on second (or third) reading 506 Bills dropped 506 Deferment of private Members' bills after the interruption of business 506 Proceedings on bill null and void 507 No debate on second (or third) reading of Consolidation Bills 507 Alternatives to second reading debate in the House 507 Bills referred to a second reading committee 507 Bills referred to the Welsh Grand Committee 509 Scottish bills referred or committed on order for second reading 509 Bills referred to the Northern Ireland Grand Committee 510 Second reading and remaining stages of Consolidated Fund and Appropriation Bills 510 Committal 510 Exceptions to general practice 510 Bills withdrawn after committal 512 Distribution of bills committed to standing committees 512 Transfer of bill from standing committee to Committee of the whole House or select committee, and vice versa 513 Financial resolutions 514 Instructions to committees on bills 514 Admissible instructions 515 Inadmissible instructions 517 Application of instruction to recommitted bill 518 Procedure relating to instructions 518 Procedure in committees on bills 519 Proceedings on going into Committee of the whole House 519 Functions of a committee on a bill 519 Order in which bill is considered 520 Division of clauses 521 Transfer of clauses 521 Postponement of consideration of clauses 521 Notice of amendments in committee 522 Amendments of which notice has been given 523 Amendments of which no notice has been given 524 Withdrawal of amendments 524 Order in which amendments are taken 524 Admissible amendments 525 Inadmissible amendments 525 Amendments to particular types of bill 527 Amendment to leave out subsection of a clause 529 Amendment ruled out of order after debate begun 529 Contents xxix Proceedings upon italicized words and privilege amendments 530 Question for clause standing part of a bill 530 New clauses 531 Schedules and new Schedules 532 Consolidation of bills 532 Division of bills 532 Preamble 533 Title 533 When committee makes no report 534 Proceedings of committee not known until reported 534 Report of bill 534 Close of committee proceedings and report of bill 534 Proceedings on report 535 Reprinting of bills 536 Consideration of bills on report 537 Order for consideration read 537 Order in which bill is considered 538 Rules regarding amendments 538 Amendments to the bill 539 New Schedules and Schedules 539 Amendment of title 539 Irregularities in committee noticed on report 540 Conclusion of consideration stage 540 Consideration stage taken in standing committee 540 Re-committal of bill 540 Procedure under Standing Order No 74 542 Partial re-committal 542 Further re-committal 543 Report of re-committed bill 543 Third reading 543 Debate in Grand Committees in lieu of third reading debate 543 Debate on third reading 544 Amendments on third reading 544 Bill passed 544 Bill not to be altered otherwise than by amendment 544 Communication between the two Houses 545 Consideration of Lords Amendments 545 Time for considering Lords Amendments 546 Proceedings on consideration of Lords Amendments 546 Bills originating in the Lords 553 Proceedings on hybrid bills 554 Reference to Examiners of Petitions for Private Bills 555 Hybrid bills originating in House of Lords 557 Committal of hybrid bills 557 Petitions against hybrid bills 558 Other matters relating to the passing of public bills 560 Practice with regard to bills rejected 560 Bills rejected, etc, not to be introduced in same session 560 Application of principle 561 Proceedings in Lords with regard to bill laid aside by Commons 561 Prorogation to revive bills 560 xxx Contents Proposals for suspending or resuming bills 562 Endorsement of bills 563 Royal Assent 563 Proceedings on Royal Assent 564 Bills passed with unusual expedition 566 In the House of Lords 566 In the House of Commons 567 Procedure under the Parliament Acts 1911 and 1949 569 Bills other than money bills 569 Subsidiary points in connection with legislative procedure 571 Printing and promulgation of statutes 571 Commencement of Act 571 Informalities in bills 572

Chapter 23 Delegated legislation Statutory instruments etc 575 Stautory Instruments Reference Committee 577 Sub-delegation 577 Parliamentary control and scrutiny 578 Laying before Parliament 579 The affirmative procedure 582 The negative procedure 583 Time limits 584 Proceedings on delegated legislation in the House of Commons 585 Practice of the House of Lords on delegated legislation 587 Methods of opposing delegated legislation 589 Other motions relating to statutory instruments 590 Scrutiny Committees 591 Deregulation orders 593 Delegated legislation affecting Northern Ireland 595 Delegation in Church of England matters 596 Measures 596 Ecclesiastical Committee 597 Proceedings in both Houses 598 Sub-delegation 599

Chapter 24 Formal communications between Crown and Parliament and between Lords and Commons Communications between Crown and Parliament 600 The Queen's presence in Parliament 600 Communications from the Crown to Parliament 601 Communications by messages under the sign manual 601 Other forms of communication 601 Acknowledgement of messages from the Crown 605 Communications to the Crown originating in Parliament 606 Addresses to the Crown 606 Mode of presentation of Addresses 608 Contents xxxi Answers to Addresses 609 Communications with the royal family 609 Communications between the Lords and the Commons 610 Messages 610

Chapter 25 Committees in the House of Lords Committees of the whole House 612 Select committees 612 General matters concerning select committees 612 Sessional committees 612 Appointment of select committees 613 Orders of reference 613 Membership of select committees 614 Powers of select committees 616 Proceedings in select committees 617 Quorum 617 Admission of strangers 618 Divisions 618 Evidence 618 Specialist advisers and expert assistance 619 Reports of select committees 619 Debates on reports 622 Particular functions of select committees 623 Principles underlying select committee activity 623 Legislative committees 624 Investigative committees 625 Domestic committees 625

Chapter 26 Select committees in the House of Commons General characteristics of select committees 627 Appointment and nomination 628 Procedures for appointment 628 Nomination of members 629 Lists of Members serving on select committees 631 Addition of Members to, and discharge of members from, select committees 632 Discharge of orders for the appointment of select committees 632 Scope of deliberations or inquiries 633 Orders of reference 633 Instructions 633 Reference of papers to select committees 635 Proceedings in select committees 635 Declaration of interests 636 Time of first meeting 636 Chairman of a select committee 637 Quorum 639 Divisions in select committees 640 xxxii Contents

Rescission of resolutions of select committees 640 Matters sub judice 640 Minutes of proceedings 641 Sittings of select committees 641 Sittings and adjournment of select committees 641 Admission of strangers 644 Witnesses and evidence 646 Sending for persons, papers and records 646 Attendance of Members 648 Attendance of Members of the other House 648 Attendance by officers 649 Evidence from civil servants 649 Papers and records 649 Examination of witnesses before select committees 650 Hearing of parties before select committees 652 Conduct of witnesses before select committees 653 Administration of oaths by Commons' committees 654 Protection of witnesses 654 Witnesses from overseas 655 Expenses of witnesses 655 Minutes of evidence 656 Publication of evidence taken before select committees before it is reported to the House 658 Documents presented to select committees 658 Sub-committees 659 Nomination of non-members of committee 661 Specialist advice and assistance 662 Reports of select committees 663 Power of committees to report their opinion 663 Consideration of resolutions recommending public expenditure 663 Preparation of draft report 663 Consideration of draft report 664 Consideration of draft resolutions 665 Consideration of reports from sub-committees 665 Minority reports 666 Procedure where a committee is unable to agree upon a report 666 Presentation of more than one report 667 Presentation of reports to the House 667 Special reports 668 Unfinished inquiries 669 Publication of reports of committees 670 Government replies to reports 671 Select committees regularly appointed 672 Select committees related to Government departments 672 Committees which examine reports of independent statutory officers 676 Internal committees 678 Scrutiny committees 681 Domestic committees 683 Consideration of reports of select committees 684 Select committee returns 685 Contents xxxiii Select committees on public bills 686 Inability of select committees to decide against bills 687 Reference of bills as documents to select committees 687

Chapter 27 Committees in the House of Commons: Committees of the whole House and Standing Committees General characteristics of committees which proceed by debate 688 Committees of the whole House 689 Appointment 689 Chairmen of Committees of the whole House 689 Procedure in Committee of the whole House 691 Dilatory motions in Committee of the whole House 691 Other interruptions of proceedings 692 Standing committees 692 General 692 Membership of standing committees 693 Standing committees on bills 696 Allocation of bills 696 Sittings of standing committees 697 Procedure in standing committees on bills 701 Allocation of time orders 709 Second reading committees 710 Special standing committees 710 Standing committees for consideration of bills on report 710 Other standing committees 711 Standing committees on delegated legislation 711 European Standing Committees 713 Grand committees 715 Scottish Grand Committee 715 Welsh Grand Committee 718 Northern Ireland Grand Committee 719 Regional Affairs Committee 721 Records of proceedings of standing committees 722 Minutes of proceedings 722 Official reports of debates 723

Chapter 28 Joint Committees of Lords and Commons Appointment 724 Nomination of members of joint committees 725 Powers of joint committees 726 Sittings and procedure of joint committees 727 Report of a joint committee 728 Joint committees regularly appointed 729 Communications between committees of both Houses 731 xxxiv Contents Chapter 29 Financial procedure—general General plan of chapters on finance 732 Financial relations between the Crown and Parliament 732 Scope of financial procedure 733 Charges upon the public revenue or upon public funds 733 Charges upon the people 733 Limitation of scope of financial procedure as regards local government finance 733 General rules of financial procedure of the Commons 734 Rule 1. Legislative authorization and appropriation of charges 734 Rule 2. Preliminary consideration of resolutions 737 Rule 3. The financial initiative of the Crown 737 Intervals between stages of financial legislation 738 Enforcement of rules of financial procedure 739 Relaxation of financial rules in urgent cases 740 Application to amendments of rules regulating financial procedure 740 The royal recommendation fixes the upper limits of a charge 740

Chapter 30 Public expenditure and Supply Introduction 741 Long-term expenditure plans 741 The Supply Estimates 743 Different kinds of Estimates 743 Ordinary Annual Estimates (Main Estimates) 743 Presentation and publication of Estimates 744 Form of the Estimates 744 The contents of the Estimates 745 Sub-division of votes 746 Appropriations in aid 748 Token Votes and subheads 748 Revised Estimates 749 Votes A 749 Votes on Account 749 Votes on Account before a dissolution 750 Supplementary Estimates 750 Substantive Supplementary Estimates 750 Token Supplementary Estimates 751 Excess Votes 751 Procedure on Excess Votes 751 Other forms of authorizing expenditure 752 Votes of Credit 752 Exceptional grants 753 Contingencies Fund 753 The voting of estimates 754 Estimates days 754 Procedure under Standing Orders Nos 54 and 55 754 Timing of Estimates days 754 Choice of Estimates for debate and vote 755 Form of resolutions 755 Contents xxxv Form of amendments 756 Relevance in debate 756 Voting on individual Estimates 756 Voting the remaining Estimates 757 Bills authorizing grants of Supply 758 Consolidated Fund Bills 758 The Appropriation Act 759 Appropriation to be completed each session 759 The Appropriation Accounts 760 The annual cycle of Supply and appropriation 760 Proceedings on Consolidated Fund and Appropriation Bills 760

Chapter 31 Expenditure: Money resolutions Introduction 762 Matters requiring a Money resolution and Crown recommendation 762 The expenditure involved must be new and distinct 763 The expenditure must be payable out of the Consolidated Fund or National Loans Fund 764 New or additional charges upon local authority revenues 765 Expenditure charged to the National Insurance Fund 766 Remission or compounding of debts due to Crown 766 Increase of expenditure by extension of time 767 Increase of expenditure by extension of purpose, etc 767 Increase of amount of expenditure 767 Variation of appropriation and diversion of revenue 768 Matters involving Money but not requiring a Money resolution and Crown recommendation 768 Provisions involving the reduction of expenditure 768 Exemption from penalties due to Crown 768 Motions expressed as an opinion 768 Procedure on Money resolutions 769 Signification of Queen's recommendation 769 Proceedings on Money resolutions 770 Procedure on bills sanctioning expenditure 771 Presentation under Standing Order No 50 771 Interpretation of 'main object' in relation to a bill 772 Italicized provisions 773 Amendments in committee (or on report) 773 Restrictive effect of terms of Money resolution 774 Other forms of proceeding for the initiation of expenditure 774 Standing Orders 774 Business of the House motions 775 Public petitions 775

Chapter 32 Ways and Means and Finance Bills The scope of Ways and Means 776 Matters requiring authorization by Ways and Means resolution 777 xxxvi Contents Taxation 777 Repeal or reduction of alleviations of taxation 778 Delegation of taxing powers within the United Kingdom 779 Fees, levies and other payments imposed by legislation 779 Grant of borrowing powers 780 Payments into the Consolidated Fund or the National Loans Fund 780 Matters, akin to charges upon the people, not initiated by Ways and Means resolutions 781 Local receipts and taxes 781 Alleviation of taxation 781 Levies upon an industry for its own purposes 781 Fees imposed for services rendered by departments 782 National Insurance contributions 782 Provisions authorized by existing law 783 Charges not effective till applied by subsequent legislation 783 Procedure on Ways and Means resolutions and bills (general) 784 Notice 784 Scope of debate and amendment 784 Inclusion of several duties in one resolution 785 Bills founded on Ways and Means resolutions 785 Debate and amendment of bills founded upon resolutions 786 Royal Assent 787 Bills with subsidiary Ways and Means provisions 787 The Budget and the Finance Bill 788 Special procedure on Budget resolutions 789 Provisional collection of taxes 789 The Amendment of the Law resolution 791 Scope of Finance Bills 791 Finance Bill: committee stage 793 Amendments in committee and on report 793 Rules forbidding the increase of charges 794 Charge in bill less than that authorized by resolution 794 Provisions reducing existing charges 794 Third reading 795

Chapter 33 The role of the House of Lords in financial procedure The financial functions of the Lords 796 Concurrence in Supply and taxation 796 Insistence by the Lords on the financial powers reserved to them 796 Messages from the Crown for pecuniary aid 796 Consideration of public expenditure 797 Restrictions under constitutional usage 797 Basis of modern practice with respect to privilege 797 Local revenues within the scope of privilege 797 Funds not within the scope of privilege 798 Actions which infringe privilege 798 Restrictions on the Lords' right to initiate bills 799 Relaxation of privilege by Standing Order 799 Contents xxxvii

Privilege amendment 800 Restrictions on the Lords' right to amend bills 801 Lords Amendments to bills of aids and supplies 801 Lords Amendments to other bills infringing privilege 802 Relaxation of privilege by Standing Order in the case of Lords amendments 805 Right to reject bills retained by Lords 805 Adoption of the practice of an annual inclusive Finance Bill 805 Rejection by Lords of separate financial provisions in non-financial bills 806 Limitations imposed by the Parliament Act 1911 806 Definition of money bill 806 Procedure in passing money bill 807 'Money bills' under Parliament Act and bills of aids and supplies 808

Chapter 34 Public petitions Development of petitioning 809 Form of petitions 809 Character and substance of petitions 812 Petition from person attained 813 Petitions from abroad 813 Receivability of petitions dependent upon the competence of Parliament 813 Petitions for attendance of witnesses or production of evidence in a court of law 814 Presentations of petitions 814 Presentation of petitions to the Lords 815 Presentation of petitions to the Commons 816

Chapter 35 Parliament, the European Union and international assemblies Parliament and the European Union 818 Institutions of the Union 819 The Council of the European Union 819 The European Council 820 The Commission 820 The European Court of Justice (ECJ) 821 The Court of First Instance (CFI) 821 The European Parliament 822 The Court of Auditors 823 Other bodies 824 Community legislation 824 Forms of Community legislation 824 Community legislative procedures 825 Voting in the Council 827 Procedure in the Council 827 Legislation by the Commission under implementing powers 828 Implementation of Community law in the United Kingdom 828 xxxviii Contents Parliamentary oversight of European Union matters 829 General 829 European Community documents 830 Explanatory Memoranda 830 Procedure in the House of Commons 831 Procedure in the House of Lords 831 The Scrutiny Reserve Resolution 832 Parliamentary Scrutiny Reserve 833 Scrutiny clearance in the Commons 833 Scrutiny clearance in the Lords 833 The Conference of European Affairs Committees 834 Parliament and other international assemblies 834 The parliamentary assembly of the Council of Europe 834 The Council of Europe 834 Representation and credentials 835 Privileges and immunities 836 Sessions, powers and agenda 837 Languages 838 The Assembly of Western European Union 839 The Western European Union 839 Representation and credentials 839 Privileges and immunities 839 Sessions, powers and agenda 840 Languages 841 The North Atlantic Assembly 841 Membership 841 Structure, sessions and agenda 842 The Parliamentary Assembly of the Organization for Security and Cooperation in Europe 842 Membership 843 Structure, sessions and agenda 843 The Commonwealth Parliamentary Association 844 The Inter-Parliamentary Union 844 The British-Irish Inter-Parliamentary Body 845

PART III PROCEEDINGS IN PARLIAMENT: PRIVATE BUSINESS

Chapter 36 Preliminary view of private bills Introduction and history 849 Distinctive character of proceedings on private bills 850 Legislative and judicial functions of Parliament 850 Principles by which Parliament is guided 851 Private bills pass through same stages as public bills 851 Jurisdiction of the courts 851 Classification of bills as public, private, or hybrid 853 Bills brought in by the Government for local purposes, etc 853 Bills relating to London 854 Bills relating to cities and counties, etc 855 Bills applicable to several localities 855 Contents xxxix Bills promoted by a county council of metropolitan district council jointly with, or on behalf of, district councils 855 Bills relating to the administration of justice in particular areas 856 Bills concerning property owned by religious communities, colleges, etc 857 Repeal of public Acts of private bills 857 Certain subjects considered unsuitable for private legislation 857 Private bills objected to on the ground that they should have been public bills 858 Private bills withdrawn or not proceeded with 858 Bills concerning public funds 859 Private bills allowed to proceed 859 Public bills introduced in place of private bills withdrawn 859 Alternatives to proceeding by private bill 860 Provisional orders 860 Special procedure orders 860 Orders under the Transport and Works Act 1992 860 Private Legislation Procedure (Scotland) Act 861

Chapter 37 Preliminary proceedings in both Houses on private bills Deposit of petitions for bills 862 Standing Orders (private business) 862 Compliance before presentation of bill 862 Compliance after presentation of bill 862 Compliance proved before the Examiners 863 Personal bills (Standing Order 191A (HC), Standing Order 3 (HL) 863 General list of petitions (Standing Order 194 (HC)) 864 Memorials complaining of non-compliance 864 In respect of petitions for bills numbered in the general list 864 In respect of petitions for bills deposited after 27 November 864 In respect of petitions for additional provision, etc 864 Preparation of memorials 865 Withdrawal of memorials 865 Sittings of the Examiners 865 Notice of examination 865 Striking off and reinsertion of petitions (Standing Orders 72, 106 (HC)) 865 Statement of proofs 866 Proof by affidavit (Standing Order 77 (HC), Standing Order 80 (HL)) 866 Unopposed cases 866 Opposed cases 866 Hearing of parties on a memorial (Standing Orders 75, 76 (HC), Standing Orders 76, 77 (HL)) 866 Questions of merits excluded 867 Decisions of the Examiners 867 Communication of Examiners' decisions (Standing Order 70 (HC), Standing Order 72 (HL)) 867 xl Contents Special report from the Examiners (Standing Order 79 (HC), Standing Order 81 (HL)) 867 Standing Orders Committee (House of Commons) 867 Examiners' reports referred (Standing Order 104 (HC)) 867 Examiners' special reports referred (Standing Order 104 (HC)) 868 Proceedings of the Standing Orders Committee 868 Principles by which the Standing Orders Committee is guided 869 Standing Orders dispensed with and leave given to parties to proceed 869 Standing Orders not to be dispensed with 870 No recommendation by Standing Orders Committee 870 Special reports from Standing Orders Committee 870 Committee of Selection (House of Commons) 870 Supervision of private bills by Chairman of Committees and Chairman of Ways and Means 871 Supervision by the Lord Chairman and his Counsel 871 Copies of bills introduced into either House supplied to Lord Chairman 871 Supervision by Chairman of Ways and Means and Speaker's Counsel 872 Division of bills between the two Houses before presentation (Standing Order 81 (HC), Standing Order 90 (HL)) 872 Departures from usual procedure on private bills 873 Petition for bills deposited after time ('late bills') 873 Petition for additional provision 874 Withdrawal of bills in Commons 875 Parliamentary agents 875 Rules relating to parliamentary agents and petitioners 876 Registry of agents (Standing Order 192 (HC)) 876 Members and officers of the House disqualified as agents 876 Unqualified persons not entitled to call themselves parliamentary agents 876 Fees payable on private bills 877 Collection of fees 877 Application 877 Taxation of costs 877 Taxing officers 878 Lists of charges 878 Applications for taxation 878 Costs in both Houses taxed together 878 Costs of certain public bills and of special procedure orders 879

Chapter 38 Petitions in favour of, against, or relating to private bills in the House of Commons; and the Court of Referees Presentation and withdrawal of petitions (Standing Orders 171, 171 A, 172, 173, 219) 880 Petitions in favour of private bills 880 Petitions against private bills 881 Contents xli Petitions to be presented before a prescribed time (Standing Orders 171A 217) 881 Petitions to stand referred to committee on the bill and right of audience (Standing Orders 126, 127, 217) 881 Petitions presented after time 882 Grounds of objection to be specified (Standing Order 128) 882 Locus standi of petitioners against private bills 882 Court of referees on private bills 883 Constitution and duties (Standing Orders 89, 90) 883 Rules of procedure (Standing Orders 91, 91 A) 883 Notice by promoters of intention to object 884 Manner of hearing locus standi cases 884 Locus standi limited to points alleged in petition 885 Entitlement to locus standi: general principles 885 Locus standi on the ground of contingent damage 885 Locus standi of bodies representing associations, etc 886 Locus standi on the ground of competition (Standing Order 92) 886 Locus standi of council and municipal authorities etc (Standing Orders 96-101) 887 Locus standi of shareholders, preference shareholders, and 'dissentients' at a 'Wharnclife' meeting (Standing Order 93) 888 Locus standi of local electors and other persons represented 888 Locus standi against bills brought fro the Lords 889 Locus standi objected to on ground of want of precision or informality 889 Locus standi and the 'filled-up' bill 889 Objections in the House to decisions of referees 890

Chapter 39 Proceedings in the House of Commons on private bills General 891 Giving of notices in connection with private business 891 Private business 891 Deferment of stages of private bill, etc, if opposed 892 Conduct of bills in the House 892 Private bill registers (Standing Order 192) 893 Proceedings from presentation to committee stage 893 Presentation of bill (Standing Order 163) 893 Printing of private bills (Standing Orders 38, 164, 168) 893 Financial memorandum required in certain cases (Standing Order 169) 894 First reading (Standing Order 166) 894 Lords bills read the first time and referred to the Examiners 894 Bills referred to the Examiners under Standing Order 61 (HC and HL) 894 Bills referred to the Examiners under the 'Wharncliffe' Orders (Standing Orders 62-67 (HC and HL)) 894 Second reading 895 Interval between first and second reading (Standing Order 170) 895 Notice of second reading (Standing Order 198) 895 xlii Contents

Bill examined in Private Bill Office (Standing Orders 196, 197) 896 Provisions in private bills, or petitions for additional provision, imposing charges 896 House of Lords and charges upon the people in private bills 897 Debate on second reading 897 Committal (Standing Order 109) 898 Instructions 898 Time for moving instructions 898 Principles of instructions to private bill committees 899 Power of committee to make amendments 899 Standing Order 175 and its effect on instructions 899 Mandatory instructions 900 Permissive instructions 902 Inadmissible instructions 902 Nomination of committees 902 Committees on unopposed bills (Standing Orders 111 and 132) 903 Committees on opposed bills (Standing Orders 109-114) 903 Interval between committal of opposed private bill and sitting of committee (Standing Order 177) 905 Bills referred to specially constituted committees 905 Notice of first sitting of committee on private bill (Standing Order 199) 905 'Filled-up' bill to be deposited (Standing Orders 137, 200) 905 Submission of bills to the Chairman of Ways and Means (Standing Orders 82, 84, 85) 906 Scrutiny of public departments 906 Committee stage and subsequent proceedings 907 Standing Orders relating to committees on opposed bills 907 Declaration of members (Standing Order 120) 907 Quorum (Standing Orders 121, 122) 907 Entering of appearances 908 When opposed bills become unopposed (Standing Order 131) 908 Reference of petitions to committee (Standing Order 126) 908 Standing Orders relating to the Committee on Unopposed Bills 909 Member interested not to vote (Standing Order 133) 909 Right of promoters to be heard (Standing Order 134) 909 Standing Orders relating to committees on bills, whether opposed or unopposed 909 Method of deciding questions (Standing Order 135) 909 Copies of 'filled-up' bill to be laid before Members (Standing Order 137) 909 Minutes of proceedings (Standing Orders 138, 145) 909 Proof of compliance with certain Standing Orders only (Standing Order 139) 910 Ministerial reports (Standing Orders 144, 158) 910 Proceedings in committee 910 Committee on unopposed bills 911 Committees on opposed bills 912 Report of bill 920 Reprinting of private bill as amended in committee (Standing Orders 179,203) 920 Contents xliii

Re-committal of private bill 920 Proceedings on and after report of private bill (Standing Order 178) 921 Proceedings on consideration and third reading 922 At the time of private business 922 Notice of third reading of a private bill (Standing Order No 205) 923 At seven o'clock 923 Debate on consideration and third reading 923 Entry of amendments on consideration or third reading (Standing Order 206) 923 Re-committal on third reading 924 Queen's consent 924 Stages taken by mistake 924 Bill examined before being sent to the Lords (Standing Order 207) 925 Lords Amendments (Standing Orders 88, 186, 208, 208A) 925 Commons' privileges infringed by the Lords 926 Suspension of Standing Orders 926 Suspension of bills till following session 926 Further suspension of bills 928 Revival of bills after dissolution of prorogation 928

Chapter 40 Proceedings on private and personal bills in the House of Lords Introductory 929 Private bills 929 Personal bills 929 The Chairman of Committees 930 Private bills 930 Petitions for late bills and for additional provision (Standing Orders 2 and 97) 930 Proceedings before the Examiners (Standing Orders 69-83) 930 Standing Orders Committee (Standing Orders 84-89) 931 First reading (Standing Order 98) 932 Petitions against private bills (Standing Orders 101-103) 932 Second reading 933 Instructions 933 Commitment 934 Select committees on opposed private bills 934 Rejection of bill by select committee 937 Unopposed bill committees 937 Matters common to committees on opposed and unopposed bills (Standing Orders 123-146) 938 Re-commitment of private bills 939 Deposit of amended bills (Standing Order 147) 939 Report stage 939 Third reading 939 Queen's consent 940 Proceedings after third reading 940 Commons Amendments 940 xliv Contents

Withdrawal of bills 940 Personal bills 941 Definition (Standing Order 151) 941 Petitions for bills (Standing Orders 152, 153, 167) 941 Personal Bills Committee (Standing Order 154) 941 Proceedings in the Personal Bills Committee (Standing Orders 166 and 167) 941 First reading of personal bills (Standing Order 156) 942 Proceedings after first reading (Standing Orders 157-161, 174) 942 Petitions against personal bills (Standing Order 158) 943 Royal Assent 943 Classification of private Acts 943

Chapter 41 Private legislation procedure (Scotland) Scope of Procedure Act 944 Private legislation affecting 'Scotland and elsewhere' 945 The 'General Orders' 945 Application for a provisional order 946 Petitions against 946 Report by the Chairman (Lords and Commons) 946 Procedure for promotion of substituted bills 947 Proceedings before Examiner on proposed provisional order 948 Issue of provisional order 948 Proceedings on orders on which an inquiry is held 949 Proceedings on order on which no inquiry is held 951 Procedure on provisional orders when modified 951 Procedure upon bills to confirm orders 952 Procedure on bills to confirm orders on which no inquiry has been held (section 7) 952 Procedure on bills to confirm orders on which inquiry has been held (section 9) 953 Committal of bill to a joint committee 953 Subsequent procedure on bill in first House 954 Procedure in first House on bills when no joint committee is appointed 954 Procedure in second House upon bills to confirm order on which an inquiry has been held 954

APPENDIX HOUSE OF COMMONS STANDING ORDERS RELATIVE TO PUBLIC BUSINESS (AT OCTOBER 1997)

The Speaker 956 Deputy Speaker and Chairmen 956 Members (Introduction and Seating) 957 Sittings of the House 958 Arrangement and Timing of Public and Private Business 961 Notices of Questions, etc 966 Motions for Bills and Select Committees 967 Contents xlv

Motions for the Adjournment of the House 968 Orders of the Day 969 Rules of Debate 969 Divisions 971 Order in the House 972 Public Money 973 Public Bills 976 Standing Committees 982 Select Committees 1006 Public Petitions 1022 Parliamentary Papers 1023 Strangers 1023

Index 1024