The Scottish Parliament: - Parliamentary Procedure

4.1 This Part of the Guidance explains the rules and procedures relating to amendments in more detail. It begins by explaining the principles behind amendments, then deals with how they are lodged and printed and the creation of Marshalled Lists. Finally, it explains how amendments are grouped and (at Stage 3) selected, and how the proceedings on amendments unfold.

4.2 An amendment is a proposal to change the wording of the text of a Bill. It is the only mechanism that may be used to make such a change, and also a key mechanism for allowing debate on the Bill’s provisions. (Some amendments – sometimes known as “probing amendments” – are lodged primarily to allow an issue to be debated, without any intention to effect a change in the Bill’s text.) All amendments must conform to the rules governing the admissibility, style and content of amendments.

4.3 The Standing Orders relating to amendments are based on two guiding principles: the rule of separate textual amendments and the rule of progress.

4.4 This is the principle that every substantive change to the text of a Bill requires an individual amendment to be lodged, moved and agreed to. As a legislature, the Parliament must agree to the precise form of words that has legal effect, and not just to the underlying policy behind those words. This means that it cannot simply agree, for example, to change every occurrence of a particular word or phrase to something else, since the legal effect of such a change will depend on the context in which the word or phrase occurs and may be different in each case.

4.5 When the Parliament (or a committee) agrees to an amendment, it is precisely that amendment – and only that amendment – that may be made to the Bill (the only other changes that are permitted being strictly non-substantive “printing points” – see below). The Parliament (or the committee) cannot decide only on the principle underlying a change to the text of a Bill; it must also decide on the precise manner in which that change is to be made.

4.6 Some major changes to the legal effect of a Bill can be achieved by a single amendment, whereas other, less substantial changes may require dozens of separate amendments. However, for non-Executive amendments at Stage 2 in particular, it is not always necessary to lodge every amendment that would be required – since the principal purpose may simply be to allow an issue to be discussed. If a member wishes to question, for example, why a new body established by an Executive Bill is so named, a single amendment to change the name of the body the first time it occurs would be sufficient. If that amendment was agreed to, it would then be up to the Executive either to seek to have the amendment reversed at Stage 3, or to lodge the further amendments necessary to re-name the body throughout the Bill. It follows that, at Stage 3, a single such amendment, while still admissible, has little prospect of success. The fact that, if agreed to, it would create an inconsistency in the Bill which could only be corrected at the cost of delaying the passage of the Bill creates a presumption against it being selected and, if moved, makes it less likely to be agreed to.

4.7 The second basic principle is that amendments must be taken and disposed of strictly in order. This order is not always the order in which the sections and schedules to which they relate appear in the printed Bill but, whatever the order is, it must be followed. It is never permitted to return to a point in the order earlier than the last amendment moved at that Stage of the Bill. This obviously makes it important that amendments are marshalled accurately and that a degree of formality is applied in the manner in which amendments are called and disposed of, since mistakes often cannot be rectified at the same Stage. The rule of progress also explains the importance of wording amendments consistently – since this will determine their relative places in the Marshalled List and hence their precedence in debate.

4.8 Rule 9.10.5 establishes four criteria for the admissibility of amendments. These are amplified below by reference to the paragraphs of that Rule.

4.9 Amendments are almost never ruled inadmissible on this ground alone. The clerks will ensure, as a matter of course, that an amendment that is otherwise admissible is put into proper form. The Presiding Officer has made a determination on the form of amendments, which is reproduced in Annex C.

4.10 It is implicit in this first criterion that an amendment is inadmissible if an identical amendment has already been lodged. This includes not just amendments which admit of only one wording (e.g. “Leave out section 1”) but also amendments which differ from an amendment already lodged only in trivial respects that would have no legal effect. A member seeking to submit such an amendment has the choice of either changing the amendment to make it substantively different from the one already lodged, or indicating support for that amendment.

4.11 This is a key criterion. An amendment is inadmissible if it is outwith the scope of the Bill – though this is not always easy to determine. As noted at paragraph 2.6 above, the clerks take a general view of the scope of a Bill in advance of introduction. Their aim in doing so is to establish in general terms what advice they would give at later Stages should an amendment of questionable relevance be lodged.

4.12 It is sometimes wrongly imagined that the long title alone can be used to determine the “scope” of the Bill. The long title is intended to provide a concise description of the main purposes of the Bill and so is a useful guide to scope; but it is not definitive. Indeed, the reason why amendments to the long title are permitted (and are taken last) is to allow it to be adjusted to take account of amendments made elsewhere in the Bill – amendments that had to be within the scope of the Bill to be admissible, but were not consistent with the long title as it stands.

4.13 The wording of the long title can also mislead in relation to relevance. The long title may, for example, include the words “to make further provision about” a particular subject, but this is merely a convenient shorthand, and does not imply that any amendment about that subject would be relevant to the Bill. Similarly, it is commonplace for the long title of a large Bill to end with the words “and for connected purposes” – but this does not open up the Bill to amendments which would, in the absence of those words, be irrelevant to the other purposes of the Bill.

4.14 As a rule-of-thumb, where a Bill has only one or two purposes when it is introduced, any additional purpose is unlikely to be relevant; but if the Bill has three or more purposes when it is introduced, it may be relevant to add a further purpose by amendment, so long as the new purpose is no more remote in terms of subject-matter from the existing purposes than those purposes are from each other. Some Bills (sometimes called “miscellaneous provisions” Bills) consist of a large number of distinct purposes within a broad area of policy (or with a general common theme). With such a Bill, it is usually possible to introduce by amendment any number of new purposes within that area of policy (or theme). However, even with such a Bill, amendments to introduce purposes in another area of policy altogether (or not sharing the theme) would not be relevant.

4.15 The following are examples of the sorts of rulings on relevance that might be made:

4.16 As well as being relevant to the Bill as a whole, each amendment must be relevant to the provision to which it is made. An amendment to a section, for example, is admissible only if it is relevant to the subject matter of the section. Similarly, an amendment to leave out a section and insert a new section in its place is appropriate only where the new section has essentially the same purpose as the old (but uses a different form of words to achieve that purpose). If the new section is doing something quite distinct, two amendments should be lodged, one to leave out the existing section, the other to insert the new one – the point being that the Parliament (or committee) should, in that case, have the option of agreeing to one amendment without the other. (Similar considerations apply to amendments to leave out smaller provisions such as subsections and insert new such provisions in their place.)

4.17 Where an amendment is relevant to the Bill but not to any existing section (or schedule), it should be put in the form of a new section (or schedule). In that case, care must be taken to place it appropriately in the Bill. In particular, if the Bill is divided into Parts and Chapters or under italic headings, a new section must be placed under a Part, Chapter, or italic heading to which it is relevant (which is easier if one of those headings is “General” or “Miscellaneous”). If the new section is not relevant to any existing heading, it may be necessary to prefix it with its own heading.

4.18 Under Rule 9.10.9, an amendment to insert a new section or schedule should “normally” specify where it is to be inserted. “Normally” here means “wherever possible”. For any new section/schedule amendment that is admissible, it must be possible to find a place in the Bill where it can be relevantly inserted – and it should be lodged as an amendment to that place in the Bill if possible. But if proceedings at the Stage in question have already progressed beyond the last place where the new section or schedule could relevantly be inserted, then the amendment may be lodged as an amendment to an unspecified place in the Bill. Such an amendment would be printed under the heading “At an appropriate place in the Bill”.

4.19 This criterion is intended to rule out so-called “wrecking amendments” – amendments that would reverse, substantially alter or render ineffective a principal purpose of the Bill. The rationale for this rule is that, by the time the Bill comes to be amendable, the Parliament has already voted at Stage 1 in favour of its general principles. The purpose of Stage 2 (and of amendments at Stage 3) is to subject the Bill to detailed scrutiny and to improve the means by which it gives effect to those general principles. The proper course, therefore, for members who oppose the basic thrust of the Bill is to oppose the motion to approve the general principles of the Bill at Stage 1 – or, if any amendments agreed to at Stages 2 and 3 are insufficient to make it acceptable in their view, to oppose the motion to pass the Bill at the end of Stage 3. What they should not do is attempt, by amendment, to frustrate the general principles of the Bill already agreed to by the Parliament.

4.20 In determining whether an amendment would “wreck” the Bill, a similar rule-of-thumb to that described under Relevance above is employed. That is, where a Bill is introduced with only one or two principal purposes, an amendment to leave out (or substantially alter) that purpose or one of those purposes would not normally be admissible; but where the Bill was introduced with three or more purposes, it may be possible to leave out by amendment any one of them without wrecking the Bill. In taking a view in any particular case, account would be taken of how substantial the purpose is, the extent to which the remaining purposes would be affected by its removal (or substantial alteration) and how close it is in terms of subject-matter from the other principal purposes of the Bill. Thus it would normally be possible to remove by amendment from a multi-purpose Bill a minor purpose that stands apart from the remainder of the Bill and on which the rest of the Bill does not depend, but not to remove a more substantial purpose which is more central to the Bill as a whole.

4.21 This final criterion of admissibility is intended to prevent decisions taken on one amendment being effectively overturned by a decision on a subsequent amendment at the same Stage. Rule 9.10.11 prevents a later amendment already on the Marshalled List (i.e. which was admissible when it was lodged) being called; but this rule prevents such an amendment being lodged if the amendment with which it is inconsistent has already been agreed to. It also prevents an amendment being lodged if another amendment which would have essentially the same effect has already been disagreed to. The rationale for this rule is to prevent a member who has been defeated once on an issue simply coming back again with a similar amendment later during the same Stage. (This Rule does not prevent amendments to reverse a decision taken at one Stage being lodged for a subsequent Stage.)

4.22 The above four admissibility criteria apply to all amendments. In addition, however, amendments at Reconsideration Stage are admissible (under Rule 9.9.4) only if they are intended to resolve the problem which gave rise to the Law Officer’s reference or section 35 order (see paragraphs 2.62–2.65 above). The reference or order is likely to specify particular provisions of the Bill, but this does not mean that any amendment to those provisions is admissible; and amendments to other provisions may also be admissible if they are necessary in consequence of amendments to those provisions which aim to resolve the problem.

4.23 Additional criteria of admissibility also apply in relation to Consolidation, Codification, Statute Law Repeals, and Statute Law Revision Bills (see paragraphs 3.40, 3.42 and 3.44 above).

4.24 The clerks aim, where possible, to ensure that amendments submitted conform to the above criteria. Where the changes that are required to make an amendment admissible are non-substantive, the clerks will make them without necessarily consulting the member as part of the process of preparing the amendment for publication. But where it is only possible to render an amendment admissible by making substantive changes to the wording, the clerk will aim to clear these changes with the member wherever possible. In any case of dispute about the admissibility of an amendment, the decision rests with the convener or (as the case may be) the Presiding Officer (under Rule 9.10.4).

4.25 The clerks may, if need be, hold back amendments of doubtful admissibility from printing while the issue is resolved, to avoid the situation where an amendment appears in print and is subsequently deemed inadmissible. Where an amendment is so held back, the member who submitted it will be informed. However, where an amendment of doubtful admissibility is lodged on the last day before the deadline, it may sometimes be necessary to print it before its admissibility is decided, to ensure that notice is given. This may lead to a delay in publication of the Marshalled List until the amendment’s admissibility is decided.

4.26 A Bill can be amended at Stage 2 and at Stage 3 (Rules 9.7.5 and 9.8.3). A Bill that is re-committed under Rule 9.8.6 may be further amended at that Stage and again when it returns to Stage 3 (to the limited extent specified in that Rule). A Bill may be amended at Reconsideration Stage to the extent allowed under Rule 9.9.4. At each amending Stage, amendments may not be lodged until the previous Stage has been completed. For Stage 2 amendments, this means as soon as the Parliament has decided in favour of the general principles of the Bill at Stage 1.

4.27 At Stage 2 and Reconsideration Stage, amendments should be lodged no later than three sitting days before the day the Stage takes place or begins (Rule 9.10.2). So for a Bill being taken at Stage 2 on a Tuesday, the last day on which amendments may be lodged is the previous Thursday. Where Stage 2 is being taken over more than one week, further amendments may be lodged for the second or subsequent weeks so long as the same three-day limit is observed. So if the second day at Stage 2 was scheduled for the following Wednesday, amendments for that day could be lodged until the Friday of the previous week. The purpose of the three-day notice period at Stage 2 is to ensure that members (and others with an interest in the Bill) have an opportunity to consider amendments in advance of the debate, and to allow the clerks adequate time to prepare the Marshalled List and advise on groupings (see below).

4.28 At Stage 3, amendments must be lodged no later than four sitting days before the Stage (Rule 9.10.2A). So for a Bill being taken at Stage 3 on a Wednesday, the last day on which amendments may be lodged is the previous Thursday. This longer notice period applies because the Marshalled List can only be published after the Presiding Officer has selected amendments for debate, and also because – since this is likely to be the final opportunity to amend the Bill – it is appropriate to ensure that adequate notice is given to anyone with an interest in it of any potentially important changes that are being proposed.

4.29 On each day when amendments may be lodged, the clerks will accept amendments up to 4.30 pm. The only exception is the final day on which amendments may be lodged before Stage 2 or Reconsideration Stage (or a day at either Stage), when the cut-off is 12 noon (Rule 9.10.2).

4.30 Amendments for a second or subsequent day of a Stage are accepted only if they are to a part of the Bill not already dealt with at that Stage. The deadline is worked out in the same way as for the first day of the Stage. The exception is where two or more Stage 2 committee meetings take place in one week or where Stage 3 takes place over two days in one week. In those circumstances there is only one deadline for all the meetings taking place over the week, and that is the usual Stage 2 or 3 deadline for the first meeting taking place in the week. So if a committee is holding two Stage 2 meetings, on Tuesday and Wednesday, the deadline for submitting amendments to be considered on either day will be 12 noon three sitting days before Tuesday (i.e., the previous Thursday). And if amendments are being considered at Stage 3 on both Wednesday and Thursday then the deadline for both days will be 4.30pm four sitting days before Wednesday (i.e. the previous Thursday). It follows from this that there is no need to prepare more than one marshalled list and list of groupings (see discussion below) per week.

4.31 If, at Stage 3, the debate on the motion to pass the Bill is scheduled for another day (or if proceedings are adjourned under Rule 9.8.5C) a separate deadline applies in relation to the more limited range of amendments that may then be lodged under Rule 9.8.5D. The usual rule as to Stage 3 deadlines for amendments (i.e. four sitting days prior to the date of the meeting) applies.

4.32 Amendments lodged after the deadline may be accepted as “manuscript amendments” under Rule 9.10.6, but only at the discretion of the convener (at Stage 2) or Presiding Officer (at Stage 3 and Reconsideration Stage). Procedures for dealing with such amendments are set out below.

4.33 At all Stages, members are advised to lodge amendments as early as possible before the deadline. This ensures that other members are given maximum notice of what is proposed, thus allowing them a better opportunity to prepare for the debate. Greater notice of an amendment gives members of other parties more opportunity to consider whether they can support it and also allows the member who lodged the amendment to enter into a dialogue with those other parties about possible changes of wording that might make the amendment capable of receiving those parties’ support.

4.34 Members are also encouraged to contact the relevant clerks as early as possible to discuss amendments they propose to lodge. By giving the clerks more time to assist members with the wording of their amendments, this reduces the chances of drafting problems that might prevent the amendments being acceptable to other parties.

4.35 Section J of the Business Bulletin sets out lodging deadlines for all Bills in progress, where these are known.

4.36 Amendments to Bills are lodged with the clerks to the committee dealing with (or which has dealt with) Stage 2. Section J of the Business Bulletin will state which committee is dealing with which Bill in progress.

4.37 Any part of the “legislative text” of the Bill (i.e. the words that have legal effect) may be amended. This includes every section and schedule of the Bill and the long title (though normally only in consequence of amendments made elsewhere). The short title may be amended where it is cited in the Bill itself (usually in the final section).

4.38 The parts of the Bill that may not normally be amended are Part and Chapter titles, italic cross headings, section or schedule titles, or any of the numbers assigned to any of the component parts of the Bill. (Cross-references in the text of one provision to another provision may, however, be amended.) The principle behind this distinction is that the Parliament must decide what the legislative effect of the Bill is to be, and these other elements can then be adjusted administratively to reflect what the Parliament has decided. So, for example, an amendment to change substantially a particular section might necessitate a change to the italic heading above it, so that the heading continues to describe accurately the provisions that fall under it. If the italic heading is not adjacent to the section in question, a separate amendment to the heading would be inadmissible; but if the two are adjacent, an amendment to leave out the section and insert a new section in its place might replace the heading as part of the amendment.

4.39 Similar considerations apply with punctuation and numbering. For example, an amendment which involved breaking up a subsection into two paragraphs, (a) and (b), might only insert the (b) (and the text of that paragraph), leaving the (a) to be inserted later as printing. A separate amendment intended to do nothing more than insert the (a) would normally be permitted only if it was necessary to make clear the effect of the principal amendment.

4.40 Amendments to amendments are permitted (Rule 9.10.7), and are subject to the same rules as other amendments, save for minor differences of style.

4.41 Any MSP may lodge an amendment – not just members of the relevant committee. And there is no limit to the number of amendments that each MSP may lodge.

4.42 The convener of a committee may lodge (or support) an amendment on behalf of the committee if the committee has made a formal decision during a meeting to that effect. Such “committee amendments” are printed in the name of the convener followed by the words “(on behalf of the [name] Committee)”. There is no procedural distinction between committee amendments and amendments in the name of an individual member, but the stated endorsement of the committee may be helpful as an indication of cross-party support.²⁵

4.43 As with other items of business, amendments (under Rule 17.4) may be lodged in writing by the member; on his or her behalf by a third party whom the member has authorised in writing; or by e-mail if the member has authorised the lodging of business from his or her e-mail account.

4.44 Each amendment must be in the name of just one member, but may also have up to four supporters – or five if one is the member in charge of the Bill (Rule 9.10.3). Supporters’ names need not be attached to the amendment when it is submitted – they may be added at any time when that amendment could be lodged (Rule 9.10.3). (Where supporters’ names are added to an amendment that is in print, the amendment is not reprinted just because new names have been added. The additional names will, however, appear when the Marshalled List is printed.)

4.45 Part of the rationale for allowing members to support amendments is that member B cannot lodge a particular amendment if member A has already done so – but B may add his or her name in support of A’s amendment. An amendment may be withdrawn in advance of the Stage by the member who lodged it, but only with the consent of all supporters and only during the same period when supporters’ names may be added (Rule 9.10.7A). So by adding his or her name to A’s amendment, B can prevent the amendment being withdrawn in advance of the Stage, and so be assured of the opportunity (under Rule 9.10.14) to move it if A does not. Where the member who lodged an amendment seeks to alter it (or lodge a new version in substitution), the consent of any supporters to the original amendment is only required if the alteration is substantial (or the new version substantially different). If any such supporters’ consent has not been obtained, their names must be left attached to that version of the amendment (which cannot therefore be withdrawn in advance of the Stage).

4.46 Executive amendments are prepared by the OSPC drafters and lodged in the name of the relevant Minister, but other members may add their names as supporters just as with non-Executive amendments.

4.47 There is no obstacle to members lodging amendments to their own Bills – indeed, such “member-in-charge amendments” are common. Members should not, however, normally lodge amendments to their own amendments – the better course usually being to lodge a revised amendment in place of (or in addition to) the original.

4.48 All members – and others – with an interest in a Bill are advised to check Section G of the Business Bulletin every day during the period when amendments may be lodged, to ensure they have seen and considered all amendments lodged to the Bill. It is particularly important that members who lodge amendments check them carefully in the next day’s Bulletin. The clerks do often make minor changes of wording and structure to ensure that amendments are, so far as possible, consistent with the structure and drafting style used in the Bill. As noted above, clerks make every effort to clear changes of substance with members before sending them for printing, but this is not always possible and occasionally the purpose of an amendment may be misunderstood. It is the responsibility of members to ensure that amendments published in their name achieve the intended purpose.

4.49 Members who wish to correct amendments that have been published should contact the relevant clerks as early as possible. If the corrections are substantive (i.e. non-trivial) but do not change the overall purpose of the amendment, the corrected amendment will appear on the Marshalled List marked with an asterisk (*). This alerts other members to the fact that the amendment is not the same as the version previously published with that amendment number. (New amendments – i.e. those not previously published – are also asterisked on the Marshalled List.) Where a more fundamental correction is sought, a new amendment must be lodged and is printed in the Bulletin as “in substitution for” the earlier amendment. This procedure ensures that maximum notice is given of the new amendment, while simultaneously alerting other members to the fact that the earlier amendment has been superseded.

4.50 It follows that major corrections (i.e. those which would require an “in substitution” amendment) can only be made up to the deadline for lodging amendments at that Stage, whereas minor corrections may be made at any time until the Marshalled List is finalised. Either way, members should notify the clerks of all corrections as early as possible, in order to ensure that the Marshalled List shows amendments as the member lodging them would wish them to appear. The published Marshalled List is treated as a definitive document – that is, the only amendments that may be moved and agreed to (aside from any manuscript amendments that may be lodged) are those printed on the List.

4.51 The preparation of both daily lists of amendments and Marshalled Lists is based on rules determined by the Clerk of the Parliament (under Rule 9.10.8). These rules were announced in Business Bulletin No.46/1999 (2 September 1999). They are subject to the "order of consideration" – that is, the order in which the sections and schedules of the Bill are to be considered. At Stage 2, the order of consideration is the order set out in Rule 9.7.4, or such other order as is decided by the committee under that Rule; at Stage 3, it is either the order in which the sections and schedules appear in the Bill or such other order as the Parliament has decided under Rule 9.8.5. The long title is always considered last.

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)

4.54 Where possible, all admissible amendments lodged on a particular day are printed in Section G of the following day’s Business Bulletin under the short title of the relevant Bill. Notice of amendments withdrawn is also included. The amendments in each daily list will normally appear in “marshalled” order, numbered consecutively from top to bottom of the list (except for amendments to amendments, which are numbered by reference to the amendment to which they relate, so amendments to amendment 3 are 3A, 3B, etc.). Amendment numbers on a second daily list begin where the numbers on the first such list left off.

4.55 Normally, by the time a Marshalled List is printed, all the amendments to be included will already have been printed in a daily list. The Marshalled List is therefore simply an amalgamation of the various daily lists (minus any amendments that have been withdrawn). At Stage 3, however, the Marshalled List contains only those amendments that have been selected for consideration by the Presiding Officer (Rule 9.10.8).

4.56 Because each daily list may contain amendments scattered throughout the Bill, and because amendment numbers do not change once assigned, Marshalled Lists are not numbered consecutively but in an apparently random order. Although this may at first appear odd, it has significant advantages. The fact that each amendment is numbered as soon as it first appears in print makes it easier for members and others with an interest to follow the progress of the amendment – which is only possible because amendment numbers do not change once assigned.

4.57 Marshalled Lists are numbered by reference to the relevant print of the Bill. So the first Marshalled List at Stage 2 of SP Bill 3 will be SP Bill 3–ML1, the second ML2, and so on. If the Bill is amended at Stage 2 and reprinted as SP Bill 3A, the Stage 3 Marshalled List will be SP Bill 3A–ML; if the Bill is not amended, the Stage 3 Marshalled List will be numbered in the same sequence as those at Stage 2.

4.58 The purpose of grouping amendments is to minimise repetition by debating together amendments on particular topics and to allow the committee (or the Parliament) the maximum choice. There are four principal grounds on which amendments are grouped together.

4.59 The groupings are determined by the convener or Presiding Officer (Rule 9.10.12). The clerks, in preparing a draft, may seek the views of members and the Executive, but the convener’s or Presiding Officer’s decision is final. Lists of groupings are prepared no later than the day before the relevant meeting of the committee or the Parliament and are available in advance of the meeting in the Document Supply Centre. Like Marshalled Lists, lists of groupings are numbered by reference to the Bill number (e.g. SP Bill 3-G1 for the first groupings list).

4.60 There is no selection of amendments at Stage 2, but at Stage 3 the Presiding Officer has the power to select which amendments of those that have been lodged (and are admissible) are to be taken (under Rule 9.8.4). The decision of the Presiding Officer on selection is final.

4.61 The purpose of selection is to ensure that proceedings on the Bill can be completed in a reasonable time and to avoid repeating unnecessarily discussion of issues fully debated at Stage 2. In making the selection, the Presiding Officer aims to apply the following criteria (striking a balance between them, if need be).

4.62 The way in which proceedings on amendments unfold is similar at all Stages, in committees and in the Parliament. In the description that follows, references to the convener should be read as references to the Presiding Officer, and references to the committee as references to the Parliament, in the context of proceedings at Stage 3 or Reconsideration Stage. Guidance that applies only at Stage 2 is set out at the end.

4.63 It is for the convener to call amendments in turn from the Marshalled List. Each amendment is called – and, if moved, disposed of – individually in its place in the list.

4.64 The only situation in which an amendment on the Marshalled List may not be called is where it would be inconsistent with a decision already taken at the same Stage (Rule 9.10.11). Instances of this are described as “pre-emptions”. This will arise in a case where one amendment would, if agreed to, remove the text on which the later amendment relies. An amendment to leave out subsection (1), for example, would pre-empt any amendment to that subsection. Pre-emptions may also arise with amendments aiming at the same result but at different points in the Bill, where agreeing to the later amendment would be inconsistent with disagreement to the earlier. (This would not, however, be treated as a pre-emption in any case where the later amendment may be regarded as the better means of achieving the shared intention). In any instance of pre-emption the convener will, before calling the earlier amendment, draw the committee’s attention to the implications for the later amendment of agreeing to the earlier amendment.²⁶

4.65 However, this rule does not preclude all of a number of alternative amendments to the same place in the Bill being taken. Amendments to a provision setting a time limit (of, say, one month) might variously propose changing that limit to two, three and six months. Agreement to the first of those amendments would not prevent the others also being taken – since agreement to the first may be taken to involve only a decision that two months is better than one (which does not preclude a decision that three or six months is better still). Amendments of this sort (i.e. two or more amendments replacing the same text with different text) are referred to as “direct alternatives”.

4.66 If the member in whose name an amendment appears does not wish to move it, he or she should simply say “Not moved” when it is called. In that event, any other member present (whether or not a member of the committee) may move the amendment (Rule 9.10.14). The suggested form of words for moving an amendment – which is usually done at the end of the speech in support of it – is “Accordingly, I move amendment X”. The convener then calls other members to speak on the amendment. The member in charge of the Bill (for Executive Bills, the Minister) – and any other Minister present – has a right to speak; other members must rely on being called by the convener (Rule 9.10.13). Except in relation to his or her own amendments, the member in charge is normally the last speaker called before the mover of the amendment. At the end of the debate, the convener gives the member who moved the amendment an opportunity to reply to points made by other speakers, and to indicate whether he or she wishes to press for a decision on the amendment.

4.67 At any time after an amendment is moved, but before the question is put, the member who moved it may seek to withdraw it (Rule 9.10.15). In that event, the convener must ask the committee whether it agrees to the amendment being withdrawn. If any member dissents, the amendment cannot be withdrawn and the question on it must be put. If no member dissents, the amendment is withdrawn, and the next amendment is immediately called.

4.68 After the debate is concluded, the convener “puts the question”, normally by saying “The question is that amendment X be agreed to. Are we all agreed?” Members who agree say “Yes”, those who disagree say “No”. If no member disagrees, the amendment is agreed to. If any member of the committee disagrees to the question on an amendment, the convener will call a division.

4.69 At Stage 2, divisions normally take place by a show of hands (Rule 11.8.3). The convener says “Those in favour?”, “Those against?”, “Those abstaining?”, ensuring that hands are raised for long enough in each case to allow the clerks to note the names of those voting.²⁷ At Stage 3, or in a Committee of the Whole Parliament at Stage 2, the electronic voting system is normally used. The normal practice is to have a five minute suspension following the first instance of a pressed amendment being objected to (thus precipitating a division), followed by a 30 second division. (If disposal of amendments at Stage 3 extends over both a morning and an afternoon or over two or more days, there will be a five minute suspension for the first division of each morning and afternoon in which amendments are considered). After the first division, a one-minute voting period is allowed for the first division after a debate on a group. All other divisions are for 30 seconds.

4.70 As explained above, amendments are grouped in order to avoid repetition and to allow a single debate on the issue raised by a number of amendments. (Some groups may consist of a single amendment.) But grouping does not affect the requirement that each amendment is called, moved and disposed of in its place in the Marshalled List. The result is that a lengthy debate on a group of consecutive amendments may be followed by the disposal of those amendments in quick succession.

4.71 The debate on the group normally takes place on the first amendment in the group. (Where amendments have been lodged to the first amendment in the group, the debate normally takes place on the first such amendment to that amendment – see below.) If the first amendment in the group is not moved, the debate is deferred until the first occasion on which one of the remaining amendments in the group is moved. The debate on a group is the only opportunity members have to comment on any of the amendments in the group (see paragraph 4.73 below). Members should therefore ensure that their speech relates to all the amendments in the group on which they wish to comment.²⁸

4.72 Where amendments are debated in a group because they are so closely related that they must stand or fall together then, if the first is agreed to, it can be expected that the others will also be agreed to when they are called. But each must be called and moved before it can be agreed to. (Similarly, if the first such amendment is disagreed to, it can be expected that the others will not be moved when they are called.) A member who has lodged a number of closely related amendments must therefore ensure that he or she is present (or has a supporter present) not only to move the first in the group, but also – if the first is agreed to – to move the others when they are reached later in the proceedings. In this connection, it should be borne in mind that grouped amendments may be scattered throughout the Marshalled List and so be taken on different days of a long Stage 2.

4.73 Where an amendment is called having already been debated earlier, it cannot be debated again (Rule 9.10.12). When a previously-debated amendment is called, the member concerned need simply say “Moved” or “Not moved”, but may also make a brief comment to explain why the amendment is being moved or not, as the case may be. However, it is not appropriate to make a speech at this point since that would be unfair on other members who might wish, but be unable, to reply to substantive points raised.²⁹

4.74 Where a number of previously-debated amendments are consecutive in the Marshalled List, they may be moved en bloc. (At Stage 2, because of the requirement to agree each section and schedule, this can only be done if the amendments are to the same section or schedule.) If no member of the committee objects, a single question on those amendments may also be put, but if any member does object, the amendments should be disposed of individually. If it is clear that the member who lodged a sequence of previously debated amendments does not wish to move them, they need not be called individually. However, if any other member present (whether or not a member of the committee) indicates a wish to move such an amendment not moved by the member who lodged it, they may exercise their right to do so.

4.75 Where there are amendments to an amendment, these will usually be grouped together. The procedure for disposing of them is similar to that described above, except that the amendments to the original amendment must be disposed of before that amendment is disposed of (Rule 9.10.10). Taking as an example an Executive amendment (35, say) to which two non-Executive amendments (35A and 35B) have been lodged, the procedure would be as follows:

4.76 Amendments lodged after the normal deadline established by Rule 9.10.2 or 2A are referred to as “manuscript amendments”. All late amendments fall into this category, whether they are lodged only minutes after the deadline or immediately before the point in proceedings on the Bill when they would have to be moved. Like any other amendment, a manuscript amendment must be lodged in writing with the clerk, and is subject to the criteria of admissibility set out in Rule 9.10.5. A manuscript amendment at Stage 3 is also subject to selection by the Presiding Officer under Rule 9.8.4.

4.77 A manuscript amendment may be moved only with the convener’s agreement. The convener gives that agreement only if he or she “considers it is justified, in the circumstances, taking account of the disadvantages of lack of proper notice” (Rule 9.10.6). In applying that test, the convener should keep in mind that, although there may be a justification for manuscript amendments in particular circumstances, their frequent use erodes the effectiveness of the normal deadline, the purpose of which is to ensure that adequate notice is given of all amendments, both to members and to outside parties with an interest in the Bill. The disadvantages of reduced notice depend on the scope and complexity of the amendment, and are generally greater the less notice that is given – particularly at Stage 3 (or Reconsideration Stage), normally the final opportunity to amend the Bill. There is a particular disadvantage in taking a last-minute manuscript amendment at a meeting of the Parliament (or a Committee of the Whole Parliament), given the greater disruption that a suspension causes to Chamber proceedings. A last-minute Stage 3 (or Reconsideration Stage) manuscript amendment may still be justified, however, if it would, for example, correct a defect in the Bill (such as a missed consequential) that had only just come to light. Agreement should not normally be given to move a manuscript amendment which could equally well have been lodged before the deadline. But where a non-manuscript amendment was lodged immediately before the normal deadline, and so is only available in print after that deadline has passed, agreement should normally be given to move any manuscript amendments which are lodged directly in response to that amendment, and on the first available day thereafter.³⁰

4.78 If a manuscript amendment is lodged in time for it to be included in the Marshalled List, it will be printed with an asterisk beside its number to indicate that it is a manuscript amendment. If it is lodged after the Marshalled List has been finalised, the amendment will normally be made available in print separately before it is moved. If the amendment is lodged during the proceedings, it may be necessary for the meeting to be suspended to allow the amendment to be made available. A manuscript amendment to leave out a section or schedule, however, may be moved without printed copies being made available to members.

4.79 Rule 9.7.6 requires every section and schedule to be agreed to at Stage 2. The question is put in the form “That section/schedule x be agreed to”. (No motion is required for this – see Rule 9.7.3.) Before the question is put, the convener may give members the opportunity to raise any issues relevant to the section or schedule that have not been adequately discussed during consideration of amendments to it.

4.80 The question on a section or schedule is only put if there is no amendment to leave out the section or schedule. In other words, any substantive decision on whether the section or schedule should remain in the Bill is taken on an amendment. If an amendment to leave out the section or schedule is disagreed to, the question that the section or schedule be agreed to is not put (under the final sentence of Rule 9.7.6). And if such an amendment is agreed to, it is no longer possible to agree to the section or schedule, since it no longer exists.

4.81 If no amendment to leave out the section or schedule has been lodged in advance, any member may lodge a manuscript amendment to leave it out. So long as such an amendment is admissible, the convener should always consent to it being taken. But, in the case of a section containing provisions central to one of the principal purposes of the Bill, it is important to note that a manuscript amendment to leave it out would be inadmissible under Rule 9.10.5(c) – which precludes “wrecking” amendments.

4.82 Because the only mechanism available to leave a section or schedule out of a Bill is by means of an amendment, putting the question on each section and schedule is, in practice, a formality. There is no obligation on members to agree when the question is put on the section or schedule, but disagreement does not lead to a division and cannot result in the omission of the section or schedule from the Bill.

4.83 Where there is a section or schedule to which no amendments have been lodged, the convener puts the question on that section or schedule at the appropriate point (i.e. immediately after the question on the previous section or schedule is dealt with or, if there are amendments to insert a new section or schedule after the previous section or schedule, after those amendments are disposed of) (Rule 9.7.6). Where there are two or more consecutive sections or schedules to which no amendments have been lodged, a single question that they be agreed to may be put (Rule 9.7.3). (But a manuscript amendment to leave out more than one section or schedule is not permitted – separate amendments would be required.)

4.84 Although all amendments to a section or schedule are taken before the question is put on the section or schedule, amendments to divide or move the section or schedule are taken after the section or schedule has been agreed to. This is in order to allow the substance of the section or schedule to be finalised before deciding any issue of where in the Bill the section or schedule should go.

4.85 At the end of Stage 2, any amendments to the long title are disposed of and the question is then put “That the long title be agreed to”.

4.86 At Stage 3, it is usual for the Bureau to propose a motion (under Rule 9.8.4A) setting out time limits by which the debate on one or more groups must be concluded. Such a motion is moved before Stage 3 begins. The purpose of the timetabling motion is to seek to ensure a reasonable distribution of debating time, by anticipating which groups are likely to be most and least debated.

4.87 The Presiding Officer will always seek to adhere to the time limits set out in the timetabling motion. However the Presiding Officer has a power (under Rule 9.8.4A) to depart from any time limits in the motion, to such extent as is considered necessary, for any one of three reasons:

4.88 Both the first and third reasons set out above have some similarities in that they are intended to address circumstances where there is a danger of the timetabling motion forcing the debate to come to a premature end (or not even to take place at all). The first reason is intended to ensure that those having a right to speak to the amendments (under Rule 9.10.13) are able to exercise that right, and that the “bare bones” of a debate on a group is therefore always possible. The third reason, unlike the first, can only be relied upon if the debate had already begun before the deadline was reached. It is likely to apply in respect of a particularly important group, where only a truncated debate has been possible within the deadlines set in the timetabling motion. The Presiding Officer may consider that it is important to allow the debate to continue, whether to enable the member leading the debate (and who has therefore already exercised his or her right to speak) to sum up or to allow the debate to be opened up to members other than those given a right to speak by Standing Orders.

4.89 The second reason listed above falls into a slightly different category: it addresses the specific, uncommon circumstance of the member called to speak to the lead amendment in a group not moving it, with no other member present doing so either. This has the potential (depending on which amendments immediately follow in the Marshalled List) to muddle the deadlines set out in the timetabling motion so that they apply to the “wrong” groups of amendments. The second reason allows for corrective action to be taken.

4.90 If the Presiding Officer invokes the power to depart from any time limit under Rule 9.8.4A, this has no effect on subsequent time limits in the timetabling motion: they must continue to be adhered to, unless of course the Presiding Officer uses his or her discretion under the rule again. (In theory, the Presiding Officer can use the discretion as often as is considered necessary.)

4.91 Whereas Rule 9.8.4A allows departure from deadlines set out in the timetabling motion under certain circumstances, it would not in itself lead to more Parliamentary time being spent on Stage 3 overall. Instead, its purpose is to allow the reallocation of the total time allotted at Stage 3 so as to give the Presiding Officer greater flexibility to manage the debate than the timetable would otherwise allow. So, any time “gained” for debate on any grouping must be “lost” either in debates on subsequent groupings or in the debate on whether to pass the Bill, or in both.

4.92 Rule 9.8.5A may be invoked, however, where it is considered that more debating time on amendments is needed overall at Stage 3. The Rule applies at any time during Stage 3 proceedings subject to a timetabling motion (i.e. during the debate on amendments, but not during the debate on whether to pass the Bill), and permits any member present to seek to move a motion without notice proposing that the next time limit to arise be extended by such amount of time (which cannot exceed 30 minutes) as the member specifies. Such a motion, which cannot be debated or amended, may only be taken with the agreement of the Presiding Officer. Any number of such motions may be sought and moved, but the total amount of time by which a Stage 3 may be extended may not exceed 30 minutes. Additionally, where a motion to extend a particular time limit has been disagreed to, no further motion to extend that time limit may be moved.

4.93 While it is open to any member to seek to invoke Rule 9.8.5A at any time during timetabled stage 3 proceedings, the Presiding Officer may be minded to refuse a motion moved early in those proceedings, on the ground that it might yet be possible to overcome apparent timetabling problems by use of Rule 9.8.4A. If the Presiding Officer refuses a motion this would not stop a member from seeking to move another one later.

Effect of agreeing to a motion to extend the time limits in a timetabling motion

4.94 The effect of a motion under Rule 9.8.5A being agreed to is that the next deadline is moved forward by whatever amount of time the motion specified, as are any subsequent deadlines in the timetabling motion. (Any previous statement from the Presiding Officer under Rule 9.8.4A that a particular deadline is being departed from for a particular amount of time is superseded by the agreement to the motion.)

4.95 Agreement to a motion under Rule 9.8.5A has no automatic effect on any subsequent deadlines in the daily business list. This means (assuming that the debate on the motion to pass the Bill immediately follows the debate on amendments), that any time gained in debating amendments is lost in the debate on passing the Bill. Rule 9.8.5B, however, empowers the Presiding Officer to make such alterations to the daily business list, including altering the time of Decision Time, as are considered necessary or appropriate, as a consequence of a motion under Rule 9.8.5A being agreed to. In practice, the Presiding Officer is likely to move all remaining deadlines in the daily business list forward by the same amount of time as was specified in the successful motion under Rule 9.8.5A.³¹

4.96 The wording of Rule 9.8.5B is sufficiently elastic to allow the Presiding Officer effectively to lengthen the debate on whether to pass the Bill. But the Presiding Officer is only likely to use this discretion sparingly, where it is clear not only that there was insufficient time to debate the amendments, but that the time proposed for the debate on the whole Bill is manifestly inadequate too.

4.97 The Presiding Officer is required to notify the Parliament of any changes to the daily business list made by way of Rule 9.8.5B. A clear spoken announcement would constitute sufficient notification under the rule.

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 1st edition of the Guidance.)

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.

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.

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 1st edition of the Guidance.)

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.

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:

The main components of all Scottish Bills and Acts are known as sections.³² The sections are consecutively numbered throughout the Bill. The section number appears in bold, followed by the section title.

Sections may be divided into two or more numbered subsections, (1), (2) etc. The text of each subsection (or of the section, if it is not divided into subsections) consists of a whole sentence (or occasionally more than one sentence). The division of a section into subsections is exhaustive: that is, the subsections make up the whole of the section without remainder.

Within each subsection (or within a section which is not divided into subsections), further divisions are possible. These divisions, however, are never exhaustive. Instead, they are devices to make the structure of the subsection (or section) clearer and easier to follow. The divisions in question are paragraphs, sub-paragraphs, sub-sub-paragraphs (sometimes known as “heads”) and so on. Each is further indented than the last and are numbered according to the following convention: (a), (b), (c) etc., then (i), (ii), (iii) etc., then (A), (B), (C) etc. There must be at least one word of text at each “level” of this structure before any such division, and the text may also resume after any such division (this is known as a “full-out”).

Although paragraphs are normally numbered (a), (b) etc., they may on occasion be divided into un-numbered paragraphs, for example in a list of definitions. Where such a paragraph is itself divided, the sub-paragraphs are numbered (a), (b) etc. rather than (i), (ii) etc. – since that is the first level of numbering available. By contrast, where a subsection breaks into paragraphs for a second time, these are numbered (i), (ii) etc to ensure that each paragraph within the subsection is uniquely numbered, and so can be referred to unambiguously.

After all the sections, there may be a schedule or schedules.³³ Schedules are used to set out supplementary or consequential provisions (although they have the same status in law as the sections). Every schedule must be introduced by a section (or a part of a section). There is a reference below the schedule title to the provision that introduces it.

Schedules are usually divided into paragraphs (not to be confused with paragraphs within subsections) which are consecutively numbered within each schedule. Paragraphs of schedules may consist of a number of sub-paragraphs, which may be divided in turn into smaller components in exactly the same way as subsections.

Larger Bills are often divided into Parts, which may in turn be divided into Chapters. Chapters cannot exist except within Parts; and some Parts may consist of Chapters and other Parts not. Each Part or Chapter consists of a whole number of sections, plus any schedules introduced by those sections. Parts and Chapters are numbered 1, 2, etc., and may be further subdivided under a number of italic cross-headings.

The division of a Bill into Parts and Chapters can have formal significance in determining the scope of certain provisions. For example, there may be a section entitled “Interpretation of Part 2” containing definitions applicable only to that Part. Italic cross-headings, by contrast, are merely convenient navigational aids to the reader.

Individual schedules may also be divided into Parts (or Parts and Chapters), while the paragraphs making up the schedule may also be grouped together under a number of italic headings .

Every Bill has a long title and a short title. The long title is set out at the beginning of the Bill and begins “An Act of the Scottish Parliament to …”.³⁴ It consists of a single sentence, divided if necessary by semi-colons into various limbs, each of which deals with a principal purpose of the Bill. With large and complex Bills, it is common for the long title to end with a form of words such as “and for connected purposes”. A connected purpose is something that the Bill does that is not sufficiently distinct to merit a limb to itself, but which does not fall entirely within one of the preceding limbs. The long title should accurately describe what the Bill does and, as such, is a guide to the scope of the Bill.

The short title is set out at the top of the Bill and in the running header on each page. It is also cited in the text of the Bill itself, usually in the final section. This citation provision is given in the form “This Act may be cited as the Example (Scotland) Act 2001” – the year being that in which Royal Assent is expected to be given.

There are certain aspects of drafting style, familiarity with which will aid comprehension of the Bill. What follows is a basic introduction to this subject, which assumes that Scottish Bills and Acts are similar in the relevant respects to UK legislation. Ultimately, of course, it is a matter for the Parliament, in its consideration of Bills, to determine the style in which Scottish statutory provision is made.

The principal concern in drafting a Bill is to achieve the intended legal effect. Normally, this involves making provision that is as clear, certain and unambiguous as possible, leaving minimal scope for the courts to determine what legal effect the provision has. There are, however, cases where statute law explicitly leaves it for the courts to determine how a provision is to be applied – for example, what constitutes a “reasonable” fee. Considerations other than achieving the intended legal effect, including comprehensibility and accessibility of language, are necessarily secondary. Making a Bill’s intended effects obvious to the lay reader is never easy; where the legal concepts involved are complex, or where the appropriate mechanism involves amendments to existing Acts, it may be impossible.

More clear-cut are issues of economy and neutrality. Bills never include provisions that do not have legal effect (except for entirely non-substantive provisions, such as indexes of defined expressions). Nothing is said merely by way of explanation or background (except for parenthetical descriptions of legislative provisions – e.g. “section 2 of that Act (which provides for exemptions in certain cases)”). Nothing is repeated unnecessarily or given textual emphasis (e.g. by italicisation), since this would inevitably give rise to uncertainty of application. Equally importantly, evaluative or subjective terminology is never used: however politically controversial the policy behind the Bill, the aim of the Bill itself is simply to state, clearly and objectively, how that policy is to be given legal effect.

There are many common drafting conventions in Bills and Acts. For example, where an ASP delegates powers to the Executive, it will say “the Scottish Ministers may …” – rather than specifying a particular Minister. This reflects the convention of collective Cabinet responsibility, given expression by section 52(1) and (3) of the Scotland Act. The equivalent term in UK Acts is “the Secretary of State may” and has a formal foundation in the Interpretation Act 1978, which provides a statutory basis for interpreting certain terms in all UK Acts. The Interpretation Act only applies to ASPs to the limited extent provided by paragraph 16 of Schedule 8 to the Scotland Act; however, other interpretation provisions are provided (for the time being at least) by a transitional Order under that Act.³⁵ Other drafting conventions are less formal and have evolved as a practice amongst the Executive (and UK Government) drafters. These include the standard form of words used for the citation provision and for introducing amendments to existing Acts. To some extent, however, different drafters have different preferred styles.

Many Bills employ shorthand terms for individuals or bodies, dates (e.g. “the appointed day”) or existing Acts (e.g. “the 1997 Act”), with a single interpretation or definition provision (often at the end of the Bill) to explain what each such term means or refers to. In order fully to understand a provision of a Bill, it may be necessary to find the appropriate interpretation provision (and there may be different interpretation provisions for particular Parts, Chapter or even sections). Larger Bills often include, towards the end, an “index of defined expressions” to guide the reader to where particular terms are defined.

Bills frequently contain provisions to amend existing Acts (or, occasionally, subordinate legislation). Where this involves inserting text into an existing Act, the text to be inserted will be set out exactly as it would appear in that Act, in double quotation marks. Where the inserted text consists of a block of text beginning on a new line (e.g. an inserted section), it will appear in the Bill indented. Where inserted text extends over more than one page of the Bill, care is needed to identify what text is inserted text and what text is simply the text of the Bill.

Provisions in a Bill that make amendments to existing Acts usually follow certain conventions of wording (although the style depends on the drafter). New provisions are “inserted”, “added” or “substituted”; existing provisions are “repealed”, “omitted” or “cease to have effect” (all amount to the same in legal terms). New sections, subsections etc. to be inserted into an Act are numbered in such a way that the existing provisions of the Act do not require to be re-numbered (so, for example, a new section after section 12 is 12A).

There are certain standard provisions that feature in most or all Bills, familiarity with which is useful in gaining an understanding of how the Bill works.

There is an important distinction between the enactment of a Bill and its commencement. The former is when, on receiving Royal Assent, it is converted from a Bill to an Act: in loose terms, when it becomes part of the “statute book”. The latter is when it comes into force and so becomes the law of the land. Some provisions of Acts are never brought into force, though they may remain on the statute book for years before being repealed.³⁶

Commencement is usually dealt with in one of the final sections of the Bill. The various possibilities for commencement are:

With a Scottish Bill, the interval between the passing of a Bill and Royal Assent is less predictable in advance than it would be in relation to a UK Bill – because of the possibility of a Law Officer’s reference under section 33 or 34 or a Secretary of State order under section 35 of the Scotland Act. Partly for that reason, most Bills provide for commencement by order made under the resulting Act. (This also allows the timetable for implementing a Bill to be adjusted according to the speed at which preparatory work is completed.) Commencement on (or immediately after) Royal Assent is used only rarely, where there is a particular need to bring the Act into force with minimum delay.

There are certain standard schedules that feature regularly in larger Bills. In particular, there is often a schedule of “minor and consequential amendments” to existing Acts, those Acts being listed in order of year and chapter/asp number. Also common are repeal schedules, listing all provisions of existing Acts (and statutory instruments) to be repealed (or revoked) by the Bill. This is set out in two columns, the short title of the Act in the left column and the provisions to be repealed (or revoked) in the right column. (In many Bills, some repeals will instead be provided for in the body of the Bill.) It is quite common for schedules to consist of, or contain, text in columns, tables or lists (rather than text in sentences).

Most Bills contain provisions conferring powers to make subordinate legislation. The principle behind such legislation is that the Parliament does not have time to consider the minutiae of policy and so should be prepared to allow the Executive to give effect to the detail of policy within the general limits imposed by the parent statute. It also enables the Executive to put certain provisions into place at a later date, taking account of changing circumstances, and to adapt provisions more easily as circumstances change, without the need for a Bill on each occasion.

The Parliament has an interest in ensuring that an Act does not delegate to the Executive powers that are unnecessary or inappropriate, since that would undermine the Parliament’s primary legislative role. So provisions in a Bill conferring powers to make subordinate legislation are likely to come in for particularly close scrutiny. Those provisions will specify to what, if any, Parliamentary scrutiny subordinate legislation made under the provisions of the Bill will be subject. The two main variants are:

Some statutory instruments made under the powers in an Act only require to be laid before the Parliament but are not subject to any parliamentary control; and some need not even be laid. Occasionally, an Act may give the Executive power, by subordinate legislation, to amend the Act itself (or other primary legislation). Such provisions in Bills – known colloquially as “Henry VIII provisions” – are regarded by many parliamentarians with particular caution.

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. (Note: This determination supersedes the determination printed in Bulletin No. 37/1999 and in Annexe C to the 1st edition of the Guidance.)

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.

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.

²⁵ The principle of Committee amendments was agreed to by the Procedures Committee at its 4th Meeting, 2001.

²⁶ The published groupings will also provide notification of any pre-emptions, as well as of direct alternatives (see paragraph 4.65).

²⁷ Alternatives to a show of hands would be the Parliament directing, at the request of the Committee that the Committee use the electronic voting system for divisions at Stage 2 (as happened for Stage 2 of the Planning etc (Scotland) Bill (SP Bill 51 (2005)) or a committee member requesting a roll-call vote. If the convener agrees to the request, the committee votes by the convener calling members in alphabetical order, each responding “Yes”, “No” or “Abstain

²⁸ While the calling of speakers in a debate is at the discretion of the convener, members should generally assume they will be called only once in each debate.

²⁹ See the announcement in Business Bulletin No. 87/2001 (30 May 2001).

³⁰ An example of where an amendment might be lodged “in response” is as follows. Member A lodges (in advance of the deadline) an amendment to a particular subsection. On the final day, member B lodges an amendment to replace that subsection with a newly-worded version, but without incorporating the change proposed in A’s amendment. A then lodges a manuscript amendment to B’s amendment to make the same change of wording in the new version of the subsection that A’s first amendment would have made to the original subsection. Note that, an amendment may be directly “in response” to another amendment without being an amendment to it – that is, it could equally well be framed as a separate amendment to the Bill.

³¹ There might be rare circumstances where the Presiding Officer decides not to use this power; for instance where there is reason to believe that moving the deadlines back would cause disruption to a significant proportion of those members in attendance or substantial prejudice to the interests of a particular group represented on the Bureau

³² In Westminster Bills, they are “clauses”.

³³ Whereas Scottish Bills and Acts have schedules (with a lower-case s), UK Bills and Acts have Schedules.

³⁴ The long title is sometimes incorrectly referred to as the preamble. Scottish Parliament Bills do not have preambles.

³⁵ The Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (SI 1999/1379).

³⁶ The Easter Act 1928 is an example of a whole Act that has never been commenced.

³⁷ The equivalent commencement provision in a UK Act would be by reference to the day the Act is passed – which means the same.