BUSINESS BULLETIN 65 / 2001
Wednesday 25 April 2001
Members should note that the following Announcement replaces that which appeared in Business Bulletin No.64/2001 on Tuesday 24 April, and which contained several textual duplications.
PRIVATE BILL PROCEDURE: DETERMINATIONS BY THE PRESIDING OFFICER AND PUBLICATION OF GUIDANCE ON PRIVATE BILLS
The Presiding Officer has made thirteen determinations under Rule 9A of the Standing Orders dealing with Private Bills. Each of these determinations is reproduced below. In addition, the Guidance on Private Bills, incorporating the text of these determinations, was published on 18 April 2001. Copies are available from the Document Supply Centre.
'PROPER FORM' OF PRIVATE BILLS
The Presiding Officer has determined, under Rules 9.2.3 and 9A.1.4 of the Standing Orders, that the "proper form" of Bills is as follows. (Note: this determination supersedes the determination printed in Bulletin No. 37/1999 and in Annexe A to the Guidance on Public Bills.)
The text of a Bill should be set out in numbered sections, supplemented where appropriate by schedules, which should be numbered unless there is only one. Bills may be divided into numbered Parts and Chapters (as may schedules). Each section, schedule, Part and Chapter should have a brief descriptive title. The sections of a Bill (or the paragraphs of a schedule) may also be grouped under italic cross-headings as a guide to the structure of the Bill (or the schedule).
Sections may be divided into numbered subsections, which in turn may be divided into paragraphs, sub-paragraphs etc. Schedules may be similarly divided into numbered paragraphs, sub-paragraphs etc.
Each Bill should be prefaced by a long title beginning "An Act of the Scottish Parliament to .". Preambles to Bills are not permitted.
Style and presentation
Section numbers and titles should appear in bold, with each section title appearing above the text of the section. Units of text smaller than sections and schedule paragraphs should appear as indented blocks of text with straight left margins.
Where it is appropriate for repeals and revocations to be listed in tabular format in a schedule, that schedule should be set out in two columns, the first giving the short title and number of each statute or instrument affected, in chronological order; the second listing the provisions to be repealed or revoked, in the order in which they appear in the statute or instrument.
Presiding Officer's Recommendations on the Content of Bills
The Presiding Officer has made the following recommendations about the content of Bills. (Note: these recommendations do not form part of the determination of "proper form" and supersede those printed in Bulletin No. 37/1999 and in Annexe A to the Guidance on Public Bills.)
Style and content
A Bill should be drafted so that, when read with any relevant existing statutory provision, its intended legal effect is clear.
A Bill should include provision for the short title by which the Act may be cited. The long title should set out the principal purposes of the Bill.
The text of a Bill - including both the short and long titles - should be in neutral terms and should not contain material intended to promote or justify the policy behind the Bill, or to explain its effect. The text of the Bill itself should be identical to the text of the Act to which it is intended to give rise and, in particular, should refer to the Bill as "this Act".
Any proposed Bill that has such severe deficiencies in drafting that it could not readily be understood or, if enacted, would be manifestly incapable of consistent legal application, should not be introduced.
A Bill whose principal purpose (or one of whose principal purposes) is to make provision manifestly outside the legislative competence of the Parliament should not be introduced.
Any Bill introduced as a Public Bill should not normally contain provisions that would affect a particular private interest in a manner different from the private interest of other persons or bodies of the same category or class.
Any Bill intended to extend other than to the whole of Scotland should set out that intended extent. Any Bill intended to come into force other than on the day of Royal Assent should either give a date or dates for commencement, or make provision for the appointment of the relevant date or dates. Any Bill containing provisions that would confer power to make subordinate legislation should specify what powers, if any, the Parliament is to have to approve or reject the subordinate legislation (or draft subordinate legislation) laid before it under those provisions.
Any Bill introduced to give effect to a proposal for a Member's Bill (under Rule 9.14) or a Committee Bill (under Rule 9.15) should only contain provisions that are broadly in conformity with the terms of the successful proposal.
Preparation for introduction
The text of a Bill should be submitted to the Clerk in writing or by e-mail in sufficient time before the proposed date of introduction to allow it to be prepared for printing. No Bill may be printed under the authority of the Parliament except by the Clerk. The Clerk will ensure that the printed version of the Bill conforms to the following presentational conventions:
NOTIFICATION ARRANGEMENTS FOR PRIVATE BILLS AFFECTING PERSONS OR CLASSES WITH AN INTEREST IN HERITABLE PROPERTY
The Presiding Officer has determined under Rule 9A.2.3(d)(i) of Standing Orders the persons or classes of persons with an interest in heritable property who require to be notified by the promoter of a Private Bill as follows:
Persons whose interests are:
(a) registered in the Sasines Register held by Registers of Scotland; or
(b) registered on the Land Register; or
(c) on the latest version of the valuation roll or, where not covered by (a) or (b), the council tax register; or
(d) as 'the owner', 'the lessee' or, as the case may be, 'the occupier' of any land or buildings, the owner, lessee or occupier of which cannot be ascertained after reasonable inquiry.
ARRANGEMENTS FOR THE NOTIFICATION AND CONSENT OF MEMBERS IN THE CASE OF A PRIVATE BILL PROMOTED BY A BODY CORPORATE OR AN UNINCORPORATED ASSOCIATION OF PERSONS
The Presiding Officer has determined under Rule 9A.2.3(d)(ii) of Standing Orders that the details which require to be set out in a Promoter's Statement accompanying a Private Bill where the promoter is a body corporate or an unincorporated association of persons are as follows:
ARRANGEMENTS FOR THE NOTIFICATION AND CONSENT IN RESPECT OF A PRIVATE BILL WHICH AFFECTS A BODY CORPORATE OR UNINCORPORATED ASSOCIATION NOT BEING THE PROMOTER
The Presiding Officer has determined under Rule 9A.2.3(d)(iii) of Standing Orders that where, in the case of any Private Bill which contains provisions which confer powers upon or alter in any respect the constitution of a body corporate or an unincorporated association named in the Private Bill, but not being the promoter, then the provisions of the determination, Notification and Consent of Members in the case of a Private Bill Promoted by a Body Corporate or an Unincorporated Association of Persons, shall apply as if any such body corporate or unincorporated association were the promoter of the Private Bill.
ADVERTISEMENT OF INTENTION TO INTRODUCE PRIVATE BILL
The Presiding Officer has determined under Rule 9A.2.3(d)(iv) of the Standing Orders, the arrangements to be made by the promoter of a Private Bill, in advertising their intention to introduce a Private Bill.
To comply with this requirement, an advertisement must be given in two newspapers circulating in the area affected by the proposed Bill. Where the proposed Bill is not limited in territorial extent, both newspapers must be newspapers circulating throughout Scotland. The advertisement must appear in two issues of each newspaper, at least one week apart, both issues published prior to the Bill's introduction.
In addition, arrangements must be made by the promoter for a notice to be displayed in each partner library in the area(s) affected by the Bill or, in a case where there is no area affected by the Bill, to any Parliament Partner Library that is in the constituency in which any person or body whose interests are affected resides or has a place of business. The notice must contain at least all of the information contained in the newspaper advertisement. Such notices must be displayed from no later than two weeks prior to the proposed date of introduction of the Bill.
The newspaper advertisement must be headed "Notice of proposed Private Bill" and shall contain the following information-
In this determination,
"Parliamentary Parliament Library" means the libraries that are specified in the Annexe to the determination, Distribution of Private Bill and Accompanying Documents.
DISTRIBUTION OF PRIVATE BILL AND CERTAIN ACCOMPANYING DOCUMENTS
The Presiding Officer has determined that for the purposes of Rule 9A.4.2 of Standing Orders, the premises to which a copy of the Private Bill and the accompanying documents mentioned in that Rule shall be sent are-
(a) any Parliament Partner Library situated in the area affected by the proposed Bill; or
(b) in a case where there is no area affected by the Bill, to any Parliament Partner
Library that is in the constituency in which any person or body whose interests are affected resides or has a place of business.
In this determination,
"Parliamentary Parliament Library" means the libraries that are specified in the Annexe to this determination.
"constituency" means a constituency as defined in Schedule 1 to the Scotland Act 1998.
ANNEXE: SCOTTISH PARLIAMENT PARTNER LIBRARIES
CLASSES OF WORKS
The Presiding Officer has determined that the classes of works referred to in Rule 9A.2.3(c) of the Standing Orders shall be as follows:
Drainage (where it is not provided in the Bill that the cut shall not be more than 3.4 metres wide at the bottom) ;
Embankment for reclaiming land from the sea or any tidal river;
Trolley vehicle system;
and any construction or engineering works for which planning permission would be required if the works were not approved by way of a Private Bill.
ESTIMATE OF EXPENSE AND FUNDING STATEMENT
The Presiding Officer has determined under Rule 9A.2.3(c)(i) of the Standing Orders the other financial details that require to be set out in the Estimate of Expense and Funding Statement that accompanies a Private Bill on introduction. This information is as follows-
MAPS, PLANS, SECTIONS AND BOOK OF REFERENCE
The Presiding Officer has determined under Rule 9A.2.3(c)(ii) of the Standing Orders the information that requires to be set out in the maps, plans, sections and book of reference that accompany on introduction a Private Bill which seeks to authorise the construction or alteration of works or authorises the compulsory acquisition or use of any land or buildings (see determination, Classes of Works). In general, sufficient maps, plans and sections must be provided to allow for proper consideration and, where these are required, not less than the following will apply.
These must be based on an Ordnance Survey map at a scale not larger than 1:50,000, with the general course of direction or boundaries of the proposed work or alteration shown and, where appropriate, show the line of any proposed works.
Plans must be drawn to a horizontal scale not larger than 1:2,500. A key plan, showing the general location of works, must be drawn to a scale not larger than 1:50,000. They must show clearly the line or situation of the whole of the work and where the construction is, or demolition or alterations are, to take place. Where it is the intention of the promoter to apply for powers to make any deviation from the line of the proposed work, then the limits of any such deviation must be defined on a plan and all land included within those limits must also be defined. A plan must be provided of any building yard, courtyard or land within the curtilage of any building or ground cultivated as a garden, either in the line of the proposed work, or included within the limits of deviation. A plan or plans, showing clearly any land which it is proposed to acquire compulsory must also be provided.
Sections and cross-sections of works must be drawn to the same horizontal scale as the plans. In respect of the vertical scale, this must be no larger than 1:500.
Where tunnelling as a substitute for open cutting or a viaduct as a substitute for solid embankment is required then this must be marked on the plan (in the case of tunnelling, by a dotted line). Where a length is stated on the plan, it must be stated in kilometres and metres.
In the case of a Bill which seeks to authorise the construction or alteration of any railway or tramroad, the distances in kilometres and metres from one of the termini must be marked on the plan. Details of the radius of every curve not exceeding one kilometre in length must also be noted on the plan. Where the Bill seeks to authorise the construction or alteration of a railway or tramroad so as to form a junction with an existing or authorised line of railway or tramroad, the course of the existing or authorised line must be shown on the plan for a distance of 500 metres on each side of the proposed junction, on the same scale as the first-mentioned railway or tramroad.
In the case of a Bill which seeks to authorise the construction or alteration of a tramway, the plan must indicate the proposed position of the tramway, in relation to the road in which it is to be laid and, where not along the centre, the distance from an imaginary line drawn along the centre of the road. If it is proposed that the tramway should be laid so that between any points for a distance of 10 metres or upwards, the space intervening between the outside of the footpath on either side of the road and the nearest rail of the tramway will be less than
the tramway between those points must be indicated on the plan by a thick dotted line on the side or sides where the narrow places occur and the width of the road at those places must also be marked on the plan. Double lines (including passing places) must be indicated on the plan by a double line and the distance between the centre lines of each line of tramway indicated.
The distances in kilometres and metres from one of the termini of the tramway must be marked on the plan. It must also state:
If the Bill relates to more than one tramway, the above details apply severally to each tramway.
In the case of a Bill which proposes to authorise the diversion, widening or narrowing of any road, navigable river, canal, railway or tramroad, the course of the diversion, and the extent of the widening or narrowing, must be marked upon the deposited plan and, if it is intended to divert any public footpath, the course of such diversion must be marked upon the plan.
The information provided on all copies of plans and sections must be accurate and clearly presented in colour. Key features such as any limits of deviation of the works and the precise boundaries of each plot of land to be compulsorily acquired, must be clearly delineated on the relevant plans. Plans and sections should be drawn to a smaller scale than the maximum prescribed if this is necessary to achieve reasonable clarity and accuracy.
Book of Reference
Where a Bill seeks to authorise the compulsory acquisition of land, or the right to use land or to carry out protective works to buildings, or the compulsory extinguishment of servitudes and other private rights over land (and of navigation over water) the promoter must provide in a Book of Reference a list of the names and addresses of the owners, lessees and occupiers of all lands and buildings which may be compulsorily acquired or used or who have interests in any land or water in or over which rights would be extinguished or in those rights. The promoter is not required to include information about owners or lessees whose identity cannot after reasonable enquiry be ascertained.
The names and addresses listed must be extracted from the most recent information available. The source or sources of the information must be shown.
The Presiding Officer has determined under Rule 9A.2.3(c)(iii) of the Standing Orders that the information that requires to be set out in any Environmental Statement that accompanies a Private Bill on introduction is all of the information set out in Schedule 4 to the Environmental Impact Assessment (Scotland) Regulations 1999 (SI 1999/1).
The Presiding Officer has determined under Rule 9A.3.1 of the Standing Orders that the proper form of accompanying documents for a Private Bill is as follows.
All accompanying documents (other than maps, plans and sections)
The text of each document should be set out either in un-numbered paragraphs or in consecutively-numbered paragraphs (1, 2, 3, etc.). Paragraphs may be divided into sub-paragraphs or bullet-points, but multi-level numbering (e.g. 1.1.1) should be avoided.
Headings should be un-numbered.
The text of each document should generally follow the order of such requirements as are specified in the relevant Rule.
The first two paragraphs (under the heading "Introduction") should read as follows (variable or optional text being shown in square brackets):
These should be followed by, first (where appropriate) a general description and explanation of the Bill (under the heading "The Bill") and, secondly, paragraphs describing and explaining those of the Bill's provisions requiring explanation or comment (in the order those provisions arise in the Bill, save that schedules and the sections which introduce them may be dealt with together).
Book of Reference
The first paragraph (under the heading "Introduction") should read as follows (variable or optional text being shown in square brackets):
The first paragraph (under the heading "Introduction") should read as follows (variable or optional text being shown in square brackets):
The Statement should clearly state which (if any) of Rules 9A.2.3(d)(i), (ii) and (iii) apply.
The undertaking under Rule 9A.2.3(d)(v) should be in the following form (variable or optional text being shown in square brackets) and should be signed by or on behalf of the promoter:
The undertaking under Rule 9A.2.3(d)(vi) should be in the following form (variable or optional text being shown in square brackets) and should be signed by or on behalf of the promoter:
Assignation of copyright/licensing agreement(s)
The agreement under Rule 9A.2.3(e)(i) should be in the following form (variable or optional text being shown in square brackets) and should be signed by or on behalf of the promoter:
The agreement under Rule 9A.2.3(e)(ii) should be in the following form (variable or optional text being shown in square brackets) and should be signed by or on behalf of the promoter:
'PROPER FORM' OF OBJECTIONS TO PRIVATE BILLS
The Presiding Officer has determined under Rule 9A.6.4 of Standing Orders, the proper form in which objections to a Private Bill must be lodged.
Every objection lodged against a Private Bill must:
'PROPER FORM' OF AMENDMENTS
The Presiding Officer has determined, under Rules 9.10.1 and 9A.12.1 of the Standing Orders, that the form of amendments to Bills is as follows. This determination supersedes that made in July 1999 and printed in Annexe C to the Guidance on Public Bills.
Each amendment shall propose only one change to the text of the Bill; and each amendment to an amendment shall propose only one change to the text of that amendment.
No amendment shall leave out or insert more than one section of, or schedule to, the Bill.
Amendments to leave out sections of, or schedules to, the Bill shall be in the form "Leave out section/schedule x"; and amendments to substitute new such sections or schedules for existing ones shall be in the form "Leave out section/schedule x and insert- [text of new section/schedule]".
Amendments to insert new sections or schedules in the Bill shall normally be in the form "Before/After section/schedule x, insert- [text of new section/schedule]".
Amendments to existing sections of, or schedules to, the Bill shall normally begin "In section/schedule x, page y, line z, ." and shall be to "leave out", "leave out and insert" or "insert" blocks of text or words.
In all amendments, words in the Bill referred to and text to be included in the Bill shall be framed with angle brackets (e.g. after <word> insert <words>).
Amendments to leave out whole subsections of, or paragraphs of schedules to, the Bill shall do so by reference to those subsections or paragraphs, but amendments to leave out other defined blocks of text shall do so by reference to lines. Amendments to leave out words shall do so by reference to those words or, where appropriate, by reference to the first and last words to be left out.
In amendments to leave out words and insert new words, the first or last words to be inserted shall not normally be the same as the first or last words to be left out.
No amendment shall leave out or insert any item of text smaller than a word.
Amendments to insert blocks of text into the Bill shall set out those blocks of text in the form in which they would appear in the Bill, except that blocks of text that would, if part of the Bill, be numbered shall either be un-numbered in the amendment or numbered so as not to require re-numbering of existing provisions of the Bill.
Amendments to the long title shall begin "In the long title, page x, line y, .".
Amendments to amendments shall begin "As an amendment to amendment x, ." and shall, where appropriate, refer to the text to be amended by reference to subsection, schedule paragraph or line.