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BUSINESS BULLETIN 46/1999

Thursday 2 September 1999

Announcements

 

Amendments to Bills

The following information applies to all Bills in the Scottish Parliament.

Lodging Amendments to Bills

Under Rule 9.10.2, amendments to Bills (other than "manuscript amendments") must be lodged no later than two sitting days before the day on which the relevant Stage is to start or, if the Stage is being taken over more than one day, no later than two sitting days before each day of proceedings at that Stage. Thus, amendments for a Stage beginning on a Thursday must be lodged no later than Tuesday.

Amendments to Bills should be lodged with the clerks to the Committee to which the Bill has been allocated for Stage 2 consideration. (Where a Bill is to be considered at Stage 2 by a Committee of the Whole Parliament, an Announcement in the Bulletin will specify the clerks with whom amendments may be lodged.) The clerks should be consulted about the wording and admissibility of amendments.

The deadline for lodging amendments on any sitting day is 5.30 pm. However, since the admissibility of amendments is determined after they are lodged and before they are printed (under Rule 9.10.4), it cannot be guaranteed that all amendments lodged after 3.00 pm will appear in the following day’s Business Bulletin. Members are therefore advised to lodge amendments as early as possible during the day.

Marshalling of Amendments

 

The order in which the sections and schedules of the Bill are considered is the order in which they appear in the Bill or such other order as the relevant Committee or the Parliament has decided under Rule 9.7.4 or 9.8.5. The long title is always considered last.

The Clerk has decided that, in determining the order in which amendments to Bills will be marshalled (under Rule 9.10.8), the following rules will apply.

1. An amendment to insert a new section or schedule before or after an existing section or schedule is taken before or after (as the case may be) amendments to the existing section or schedule.

2. An amendment to leave out a section or schedule and insert a new section or schedule in its place is taken after all amendments to the section or schedule, but before any amendment to leave out the section or schedule. An amendment to leave out a section or schedule is, in turn, taken before any amendments to divide or move the section or schedule.

3. Within each section or schedule, amendments are considered in the order determined by the first point in the section or schedule to which they relate, subject to the following rules:

  • Amendments to leave out a block of text within a section or schedule (such as a subsection or paragraph) are taken before any amendments to that block of text.
  • Amendments to leave out words are taken before any amendments to leave out words beginning at the same place in the Bill and insert other words in their place.
  • Amendments to insert new words at the end of the last line of a block of text are taken before amendments to insert new blocks of text at the end of that line; and amendments to insert new blocks of text at the same place in the Bill are taken in the order in which those blocks of text would appear in the Bill if all such amendments were agreed to.

4. Where the order of amendments to the same place in the Bill is not determined by the above rules, they are normally taken in the order in which they are lodged, but with precedence given to those lodged by the member in charge of the Bill.

Thus amendments would be marshalled as follows:

Section 12

In section 12, page 10, line 8, leave out subsection (1)

In section 12, page 10, line 8, leave out subsection (1) and insert
—<(1) Text of new subsection.>

In section 12, page 10, line 8, leave out <word>

In section 12, page 10, line 8, leave out <word> and insert <words>

In section 12, page 10, line 8, after <word> insert <words>

In section 12, page 10, line 8, at end insert—

<( ) text of new paragraph;>

In section 12, page 10, line 8, at end insert—

<( ) Text of new subsection.>

Leave out section 12 and insert—

<Title of new section

Text of new section.>

Leave out section 12

Divide section 12 into two sections, the first (Title of first new section) to consist of subsections (1) and (2) and the second (Title of second new section) to consist of subsections (3) to (5)

Move section 12 to after section 14

 

After section 12

After section 12, insert—

<Title of new section

Text of new section.>

 

Guidance on public Bills

Detailed guidance on public Bills, including further information about amendments, will be published shortly.

 

Mental Health (Public Safety and Appeals) (Scotland) Bill

 

In the event that the Parliament agrees to treat the above Bill as an Emergency Bill, agrees to the Bill’s general principles at Stage 1 and agrees to the timetabling motion lodged on behalf of the Parliamentary Bureau, amendments to be considered at Stage 2 may be lodged immediately after Stage 1, until 5.30 on Monday 6 September. (Amendments submitted after 5.30 pm on that day may be considered by the Presiding Officer as "manuscript amendments" under Rule 9.10.6.) Amendments to the Bill should be lodged with Andrew Mylne, Clerk to the Justice and Home Affairs Committee, Room 2.2, Committee Chambers (x85206) or with the other clerks to that Committee (Richard Walsh, x85218 and Fiona Groves, x85220, both Room 2.8).


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