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Standing Orders Gnàth-riaghailtean 5th Edition, 7th Revision (3 September 2019) 5th Edition, 7th Revision (3 September 2019) STANDING ORDERS OF THE SCOTTISH PARLIAMENT 5th Edition Foreword The following Rules are the Standing Orders of the Scottish Parliament made in accordance with section 22 of and Schedule 3 to the Scotland Act 1998 (c.46). They were originally made in the form of a Statutory Instrument under the Act (SI 1999/1095) which came into force on 6 May 1999. The Parliament’s 1st Edition was made by resolution of the Parliament on 9 December 1999 and came into force on 17 December 1999. A 2nd Edition was published in 2003, a 3rd edition in 2007, a 4th edition in 2011 and a 5th Edition in 2016. Details of any changes to these Rules are shown in the table at the end of the document. The table shows, for each Chapter, Rule or paragraph: whether and how often it has been amended since the Standing Orders were first made; the date on which the amendments took effect; and the Report that recommended the amendment (except in the case of an amendment to Rule 9.16.1, made in January 2000 on a motion of the Procedures Committee without a published report). The relevant Standards, Procedures and Public Appointments Committee reports can be found on the Parliament’s website. The dates of the Chamber debates on these Reports can be found from the Table of Revisions. The Standing Orders document is maintained and updated by the Standards, Procedures and Public Appointments Committee clerking team. Please send any comments about the document to the Clerk to the Standards, Procedures and Public Appointments Committee, The Scottish Parliament, Edinburgh EH99 1SP (e-mail: [email protected]). For information in languages other than English or in other formats (for example, in Braille, large print or British Sign Language video), please contact Public Information, The Scottish Parliament, Edinburgh, EH99 1SP. You can also contact Public Information by emailing [email protected] or though the live chat button on our website. You can write to us in any language or contact us using the Text Relay service or in BSL through contactSCOTLAND-BSL 5th Edition, 7th Revision, 3 September 2019 STANDING ORDERS OF THE SCOTTISH PARLIAMENT CONTENTS CHAPTER 1 MEMBERS 1.1 The Scottish Parliament 1.2 Oath of allegiance 1.3 Term of office 1.4 Disqualification 1.5 Vacancies 1.6 Code of Conduct 1.7 Withdrawal of rights and privileges 1.7A Motion of censure 1.7B Other sanctions under Interests Act 1.8 Members’ interests: Parliamentary determinations and resolutions CHAPTER 2 MEETINGS OF THE PARLIAMENT 2.1 Session of the Parliament 2.2 Meetings of the Parliament 2.3 Parliamentary recess 2.4 First meeting following a general election 2.5 Chairing of meetings 2.6 Witnesses and documents 2.7 Location CHAPTER 3 OFFICERS OF THE PARLIAMENT AND OTHER OFFICERS 3.1 The Presiding Officer and deputy Presiding Officers 3.2 Election of the Presiding Officer 3.3 Election of deputy Presiding Officers 3.4 Resignation of the Presiding Officer and deputy Presiding Officers 3.5 Removal of the Presiding Officer and deputy Presiding Officers 3.5A Available officers all from the same political party 3.5B Calculation of days 3.6 Members of the Parliamentary corporation 3.7 Election of members of the Parliamentary corporation 3.8 Appointment of members of the Parliamentary corporation 3.9 Resignation of members of the Parliamentary corporation 3.10 Removal of members of the Parliamentary corporation 3.11 Nomination of individuals for appointment by Her Majesty 3.11A Nomination of individuals for reappointment by Her Majesty 3.12 [deleted] 5th Edition, 7th Revision, 3 September 2019 3.13 Appointment of members of the Scottish Commission for Public Audit 3.14 Resignation of members of the Commission 3.15 Removal of members of the Commission 3.16 Reports of the Commission CHAPTER 3A PARLIAMENTARY CORPORATION SUPPORTED BODIES 3A.1 Appointment of the Commissioner for Ethical Standards in Public Life in Scotland and members of the Standards Commission for Scotland 3A.2 Directions to the Ethical Standards Commissioner 3A.3 Reports by the Ethical Standards Commissioner 3A.4 [deleted] 3A.5 [deleted] 3A.6 Annual reports and strategic plans CHAPTER 3B SCOTTISH PARLIAMENTARY PENSION SCHEME – FUND TRUSTEES 3B.1 Application of this chapter 3B.2 Motions for the appointment of Fund trustees 3B.3 Removal of a Fund trustee 3B.4 Tenure of a Fund trustee where there is a change of scheme membership status 3B.5 Business Bulletin CHAPTER 3C DIRECTIONS AND RESOLUTIONS UNDER THE LOBBYING (SCOTLAND) ACT 2016 3C.1 Parliamentary directions 3C.2 Parliamentary resolutions CHAPTER 4 THE SCOTTISH GOVERNMENT 4.1 Nomination of the First Minister 4.2 Designation of person to exercise functions of the First Minister 4.3 Appointment of the Scottish Law Officers 4.4 Removal of the Scottish Law Officers 4.5 Participation of the Scottish Law Officers in proceedings 4.6 Appointment of other Scottish Ministers 4.7 Appointment of junior Scottish Ministers 4.8 Resignation of Ministers 5th Edition, 7th Revision, 3 September 2019 CHAPTER 5 THE PARLIAMENTARY BUREAU AND MANAGEMENT OF BUSINESS 5.1 The Parliamentary Bureau 5.2 Members of the Parliamentary Bureau 5.3 Procedure of the Parliamentary Bureau 5.4 Business programme 5.5 Daily business list 5.6 Special cases of Parliamentary business 5.7 Programme of the Scottish Government 5.8 Financial business 5.9 Business Bulletin CHAPTER 6 COMMITTEES 6.1 Establishment of committees 6.2 Functions of all committees 6.3 Membership of committees 6.3A Committee substitutes 6.3B Bill substitutes 6.4 Standards, Procedures and Public Appointments 6.5 [deleted] 6.6 Finance 6.7 Public Audit 6.8 Europe and External Relations 6.9 Equalities 6.10 Public Petitions 6.11 Delegated Powers and Law Reform 6.12 Duration of committees 6.13 Questions regarding competence 6.14 Joint consideration by committees CHAPTER 6A THE CONVENERS GROUP 6A.1 Members of the Conveners Group 6A.2 The Conveners Group 6A.3 Procedure of the Conveners Group CHAPTER 7 CONDUCT OF MEETINGS 7.1 Languages 7.2 Calling speakers and content of speeches 7.3 Order in the chamber 7.4 Suspension and closure of meetings by the Presiding Officer 5th Edition, 7th Revision, 3 September 2019 7.5 Sub judice 7.6 Forms of address 7.7 Calculating the length of debates or the number of speakers 7.8 Committee proceedings CHAPTER 8 MOTIONS AND POINTS OF ORDER 8.1 Motions 8.2 Notice of motions 8.3 Motions taken by the Parliament 8.4 Amendments to motions 8.5 Notice of amendments 8.6 Amendments taken by the Parliament 8.7 Amendments to amendments 8.8 Application to committees 8.9 Motions of the First Minister 8.10 Motions for Scottish rate resolutions 8.11 Business motions 8.11A Pension motions and grants motions 8.11B Motions to change subordinate legislation procedure 8.12 Motions of no confidence 8.12A Motions on competence 8.13 Procedural motions 8.13A [deleted] 8.14 Motions for closure or extension of a debate 8.15 Motions for adjournment of a debate 8.16 Motions for adjournment and closure of meetings 8.17 Points of order CHAPTER 9 PUBLIC BILL PROCEDURES 9.1 General Rules and Special Rules 9.2 Form and introduction of Bills 9.2A Member in charge 9.3 Accompanying documents 9.4 Printing and publishing of Bills and accompanying documents 9.4A Memorandum on delegated powers 9.5 Stages of Bills 9.6 Stage 1 9.7 Stage 2 9.8 Stage 3 9.9 Reconsideration of Bills passed 9.9A Reconsideration of Bills rejected 9.10 Amendments to Bills 9.11 Crown consent 9.12 Financial Resolutions 5th Edition, 7th Revision, 3 September 2019 9.13 Withdrawal of Bills 9.13A Limits on participation in certain committee proceedings 9.14 Members’ Bills 9.15 Committee Bills 9.16 Budget Bills 9.17 Private Bills and Hybrid Bills 9.17A Scottish Law Commission Bills 9.18 Consolidation Bills 9.18A Codification Bills 9.19 Statute Law Repeals Bills 9.20 Statute Law Revision Bills 9.21 Emergency Bills CHAPTER 9A PRIVATE BILL PROCEDURES 9A.1 Private Bills 9A.2 Accompanying documents 9A.3 [deleted] 9A.4 Printing and publishing of Private Bills and accompanying documents 9A.5 Private Bill Committees 9A.6 Objections 9A.6A Statements in relation to consultation 9A.7 Stages of Private Bills 9A.8 Preliminary Stage 9A.9 Consideration Stage 9A.10 Final Stage 9A.11 Reconsideration of Private Bills passed 9A.11ZA Reconsideration of Private Bills rejected 9A.11A Change of promoter 9A.12 Amendments to Private Bills 9A.13 Crown consent 9A.14 Financial Resolutions 9A.15 Withdrawal of Private Bills CHAPTER 9B CONSENT IN RELATION TO UK PARLIAMENT BILLS 9B.1 UK Parliament Bills making provision requiring the Parliament’s consent 9B.2 Legislative consent motions 9B.3 Legislative consent memorandums CHAPTER 9BA CONSENT IN RELATION TO ORDERS UNDER THE PUBLIC BODIES ACT 2011 9BA.1 Orders under the Public Bodies Act 2011 requiring the Parliament’s consent 9BA.2 Public Bodies Act consent motions 5th Edition, 7th Revision, 3 September 2019 9BA.3 Public Bodies Act consent memorandums CHAPTER 9C HYBRID BILL PROCEDURES 9C.1 Hybrid Bills 9C.2 Member in charge 9C.3 Accompanying documents 9C.4 Printing and publishing of Hybrid Bills and accompanying documents 9C.5 Memorandum on delegated powers 9C.6 Hybrid Bill Committees 9C.7 Objections 9C.8 Statements by mandatory consultees 9C.9 Stages of Hybrid Bills 9C.10 Stage 1 9C.11 Stage 2 9C.12 Stage 3 9C.13 Reconsideration of Hybrid Bills passed 9C.13A Reconsideration of Hybrid Bills rejected 9C.14 Amendments to Hybrid Bills 9C.15 Crown consent