CHAPTER 5

THE PARLIAMENTARY BUREAU AND MANAGEMENT OF BUSINESS

Rule 5.1 The Parliamentary Bureau

1. The Parliament shall establish the Parliamentary Bureau in accordance with these Rules.

2. The main functions of the Parliamentary Bureau shall be-

(a) to propose the business programme as mentioned in Rule 5.4;

(b) to propose alterations to the daily business list;

(c) to propose the establishment, remit, membership and duration of any committee or sub-committee; and

(d) to determine any question regarding the competence of a committee to deal with a matter and, if 2 or more committees are competent to deal with a matter, to determine which of those committees is to be the lead committee responsible for that matter.

3. The Parliamentary Bureau shall have such other functions relating to the business of the Parliament or of any committee or sub-committee as may be conferred upon it by these Rules or by the Parliament.

4. The Parliamentary Bureau shall not be regarded as a committee for the purpose of these Rules.

Rule 5.2 Members of the Parliamentary Bureau

1. The Parliamentary Bureau shall consist of-

(a) the Presiding Officer;

(b) a representative of each political party represented by 5 or more members of the Parliament ("a party representative") who is nominated by the leader within the Parliament of that party; and

(c) a representative of any group formed under paragraph 2 ("a group representative") who is nominated by that group.

2. Members who represent a political party with fewer than 5 representatives in the Parliament and members who do not represent a political party may join together to form a group for the purposes of nominating a group representative under paragraph 1(c). The number of members in any such group shall be at least 5.

3. A nomination of a party or group representative may be made to the Presiding Officer at any time during a Parliamentary session but must be made in writing and, in the case of the nomination of a group representative, must be signed by each member of the group.

4. If a member wishes to join a group or no longer wishes to form part of that group, he or she shall notify the Presiding Officer and the group representative that the group representative represents or, as the case may be, no longer represents him or her.

5. If, at any time and for whatever reason, a party or group representative no longer represents 5 or more members (including himself or herself), he or she shall cease to hold office as a member of the Parliamentary Bureau and the Presiding Officer shall notify the Parliament accordingly.

6. Where a party or group representative ceases to hold office as a member of the Parliamentary Bureau in any circumstances other than those mentioned in paragraph 5, the leader of the party or the group which nominated that representative shall nominate another representative to it in place of him or her.

7. A party or group representative may arrange for another member to take his or her place at a meeting of the Parliamentary Bureau if the Presiding Officer has been notified in writing in advance of that meeting.

Rule 5.3 Procedure of the Parliamentary Bureau

1. The Presiding Officer shall convene and chair meetings of the Parliamentary Bureau. He or she shall have a casting vote but shall not otherwise vote in the proceedings.

2. The Parliamentary Bureau shall meet in private.

3. The Parliamentary Bureau shall not consider any business if the number of members of the Bureau who are present is less than half of the total number of members of the Bureau.

4. Matters to be decided by the Parliamentary Bureau shall, in the event of any disagreement, be decided by a vote. The vote shall be conducted in such a manner as the Presiding Officer may determine.

5. A party or group representative shall carry one vote for each member of the party or group which he or she represents (including himself or herself). The representative shall notify the Presiding Officer and other members of the Parliamentary Bureau of the number of votes which he or she carries and of any changes to that number.

6. A deputy Presiding Officer may attend any meeting of the Parliamentary Bureau and may participate in the proceedings but may not vote unless he or she is chairing the meeting in place of the Presiding Officer, when he or she shall have a casting vote.

7. The Parliamentary Bureau may invite members who are not members of the Parliamentary Bureau to attend a meeting of the Parliamentary Bureau and those persons may participate in the meeting but may not vote.

Rule 5.4 Business programme

1. The Parliament shall decide, on a business motion of the Parliamentary Bureau, a programme of business (referred to as "the business programme") for such period as may be specified in that motion.

2. The business programme shall include an agenda of business for any meeting of the Parliament which is due to be held during that period and may include the timetable for consideration by the Parliament, any committee or sub-committee of-

(a) any Bill or any provision of a Bill;

(aa) any legislative consent memorandum or legislative consent motion;

(b) any legislation or draft legislation of the European Communities or any provision of such legislation; or

(c) any subordinate legislation or draft subordinate legislation.

3. The business programme shall be notified to members in the Business Bulletin.

Rule 5.5 Daily business list

1. On the basis of the business programme and other decisions of the Parliament and the Presiding Officer, the Clerk shall publish a daily business list containing details of business to be considered by the Parliament and by each committee or sub-committee on each day when the Parliament or a committee or sub-committee meets. The daily business list shall also contain details of the times at which particular items of business are to be taken at any meeting if such times have been allocated in the business programme or in the decisions of the Parliament or the Presiding Officer.

2. The daily business list shall be notified to members in the Business Bulletin.

3. The Parliament may, on a motion of the Parliamentary Bureau, make alterations to the daily business list. Any such alterations shall be notified to members in the Business Bulletin.

4. If any emergency business arises, the Presiding Officer may allow that business to be taken at an appropriate point during a meeting of the Parliament and shall make any necessary alteration to the daily business list. Members shall be notified that the emergency business is to be taken and of any subsequent alteration to the daily business list.

Rule 5.6 Special cases of Parliamentary business

1. In proposing the business programme, the Parliamentary Bureau shall ensure that-

(a) on 12 half sitting days in each Parliamentary year, the business of committees is given priority over the business of the Scottish Executive at meetings of the Parliament;

(b) on 16 half sitting days in each Parliamentary year, meetings of the Parliament consider business chosen by political parties which are not represented in the Scottish Executive or by any group formed under Rule 5.2.2; and

(c) at each meeting of the Parliament there is a period of up to 45 minutes for any Members' Business at the end of the meeting following Decision Time.

2. For the purposes of this Rule, a half sitting day isthat part of a sitting day between 14:30 and 17:00 on a Monday, between 09:15 and 12:30 or 14:30 and 17:00 on a Tuesday, Wednesday or Thursday or between 09:30 and 12:00 on a Friday.

Rule 5.7 Programme of the Scottish Executive

1. When the First Minister wishes to make a statement to a meeting of the Parliament setting out the proposed policy objectives and legislative programme of the Scottish Executive for any Parliamentary year, he or she shall give notice of his or her proposal to the Presiding Officer. The Presiding Officer shall then notify the Parliamentary Bureau.

2. The Parliamentary Bureau shall ensure that sufficient time is set aside in the business programme for the statement to be made and debated.

Rule 5.8 Financial business

1. In proposing the business programme, the Parliamentary Bureau shall ensure that sufficient time is set aside-

(a) between the beginning of April and the end of June each year for the consideration of financial proposals;

(b) between the beginning of October and the end of December each year for consideration of draft budgets; and

(c) between the beginning of January and the end of February each year for the Stages of a Budget Bill.

2. "Consideration of financial proposals" means consideration by committees of documents laid before the Parliament setting out outline proposals for public expenditure in the forthcoming financial year and consideration by the Parliament of any report and recommendations of the Finance Committee concerning such documents.

3. "Consideration of draft budgets" means consideration by committees of documents laid before the Parliament setting out preliminary draft budgets of public expenditure in the forthcoming financial year.

4. "Financial year" means the year beginning on 1 April.

Rule 5.9 Business Bulletin

1. The Clerk shall produce the Business Bulletin.

2. The Business Bulletin shall include-

(a) the business programme;

(b) the daily business list;

(c) agendas for committee meetings;

(d) oral questions selected for answer at First Minister’s Question Time or lodged for answer at General Question Time or Themed Question Time, and the names of members selected to lodge questions for answer at General Question Time or Themed Question Time;

(e) written questions;

(f) notices of motions and amendments to motions;

(g) notices of Bills introduced into the Parliament and amendments to Bills;

(ga) notices of any legislative consent memorandums;

(h) notices of any subordinate legislation or draft subordinate legislation or any other document which is laid before the Parliament; and

(ha) agendas for meetings of the Scottish Commission for Public Audit;

(i) any other item which requires to be notified to members,

and the Business Bulletin may include any other information which the Clerk considers appropriate.

3. The Business Bulletin shall be issued to members by whatever means the Presiding Officer considers appropriate and shall be made public.

4. The Clerk shall keep the Business Bulletin under review and if necessary shall issue to members an amended version of any part of it.

CHAPTER 6

COMMITTEES

Rule 6.1 Establishment of committees

1. [deleted]

2. Any member may by motion propose the establishment of a committee.

3. The Parliamentary Bureau may, whether in response to such a proposal or otherwise, by motion propose the establishment, membership, remit and duration of a committee.

4. A committee established by the Parliament to deal with a particular subject, other than a mandatory committee or a committee (including a Committee of the Whole Parliament, a Consolidation Committee, a Statute Law Repeals Committee, a Statute Law Revision Committee or a Private Bill Committee) established only to take certain Stages of a particular Bill, is referred to as a subject committee.

5. In addition, the Parliament shall, on a motion of the Parliamentary Bureau, establish the following mandatory committees-

(a) [deleted]

(b) the Standards, Procedures and Public Appointments Committee;

(c) the Finance Committee;

(d) the Audit Committee;

(e) the European and External Relations Committee;

(f) the Equal Opportunities Committee;

(g) the Public Petitions Committee;

(h) the Subordinate Legislation Committee.

6. The Parliamentary Bureau shall by motion propose the establishment of-

(a) the Standards, Procedures and Public Appointments and Finance Committees within 21 sitting days of a general election; and

(b) the other mandatory committees mentioned in paragraph 5 within 42 sitting days of a general election.

Rule 6.2 Functions of all committees

1. A committee shall examine such matters within its remit (referred to as "competent matters") as it may determine appropriate or as may be referred to it by the Parliament or another committee and shall report to the Parliament (or, where the matter has also been referred to another committee as lead committee, to that lead committee) on any such matter.

2. In particular, each committee shall conduct such inquiries into such competent matters as it may consider appropriate or as the Parliament or another committee may require, and may-

(a) consider the policy and administration of the Scottish Administration upon any competent matter;

(b) consider any proposals for legislation which relate to or affect any competent matter, including proposals for primary or secondary legislation, whether before the Scottish Parliament or the United Kingdom Parliament;

(c) consider any European Communities legislation or any international conventions or agreements or any drafts which relate to or affect any competent matter;

(d) consider the need for the reform of the law which relates to or affects any competent matter;

(e) initiate Bills on any competent matter; and

(f) consider the financial proposals and financial administration of the Scottish Administration (including variation of taxes, estimates, budgets, audit and performance) which relate to or affect any competent matter.

Rule 6.3 Membership of committees

1. The membership of each committee shall be decided by the Parliament on a motion of the Parliamentary Bureau.

2. Each committee other than a Private Bill Committee shall have at least 5 but not more than 15 members.

3. A member may indicate to the Parliamentary Bureau his or her interest in serving on a particular committee.

4. In proposing a member to be a committee member, the Parliamentary Bureau shall have regard to the balance of political parties in the Parliament and, where that member has expressed an interest in serving on that committee, to his or her qualifications and experience as indicated by him or her.

5. A committee member shall serve as a member of a committee for the duration of that committee unless-

(a) he or she resigns from that office by intimating his or her resignation to the Presiding Officer on behalf of the Parliamentary Bureau;

(b) he or she is removed from that office by the Parliament on a motion of the committee; or

(c) he or she ceases to be a member of the Parliament otherwise than by virtue of a dissolution.

Rule 6.3A Committee substitutes

1. A political party represented by 2 or more members of the Parliament may nominate a member of that party to be a substitute (referred to as a "committee substitute") for the members of that party on a particular committee.

2. A nomination of a committee substitute must be made in writing to the Bureau. Members so nominated become committee substitutes if appointed by the Parliament on a motion of the Parliamentary Bureau.

3. A committee substitute cannot be nominated for a Private Bill Committee.

4. A member cannot be a committee substitute for more than one committee at the same time.  A member cannot be a committee substitute for a committee of which he or she is a member.

5. A member shall be a committee substitute for the duration of the relevant committee unless-

(a) he or she resigns from being a committee substitute by intimating his or her resignation to the Presiding Officer on behalf of the Parliamentary Bureau;

(b) he or she is removed as a committee substitute by the Parliament on a motion of the committee;

(c) he or she ceases to be a member of the Parliament otherwise than by virtue of a dissolution; or

(d) the relevant political party is no longer represented by 2 or more members.

6.3B  Bill substitutes

1. The Parliament may, on a motion of the Parliamentary Bureau, appoint a member to be a substitute (a “Bill substitute”) for a member of a committee who—

(a) is not a member of a political party entitled to nominate a committee substitute under Rule 6.3A.1; and

(b) is (or is expected to be) prevented by Rule 9.13A from acting as a committee member. 

2.  The Bureau may not nominate a member to be a Bill substitute if his or her appointment would alter the balance in the committee between members who (whether as members of political parties or as individuals) are represented in the Scottish Executive and those who are not. 

3.  A member may be a Bill substitute for more than one Bill or committee at the same time.

4. A member shall be a Bill substitute for the duration of the passage of the Bill (which ends when the Bill is passed, falls or is withdrawn) unless one of the events mentioned in Rule 6.3A.5 occurs.

Rule 6.4 Standards, Procedures and Public Appointments Committee

1. The remit of the Standards, Procedures and Public Appointments Committee is to consider and report on—

(a) the practice and procedures of the Parliament in relation to its business;

(b) whether a member’s conduct is in accordance with these Rules and any Code of Conduct for members, matters relating to members’ interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties;

(c) the adoption, amendment and application of any Code of Conduct for members ; and

(d) matters relating to public appointments in Scotland.

2. Where the Committee considers it appropriate, it may by motion recommend that a member's rights and privileges be withdrawn to such extent and for such period as are specified in the motion.

Rule 6.5 [deleted]

Rule 6.6 Finance Committee

1. The remit of the Finance Committee is to consider and report on-

(a) any report or other document laid before the Parliament by members of the Scottish Executive containing proposals for, or budgets of, public expenditure or proposals for the making of a tax-varying resolution, taking into account any report or recommendations concerning such documents made to them by any other committee with power to consider such documents or any part of them;

(b) any report made by a committee setting out proposals concerning public expenditure;

(c) Budget Bills; and

(d) any other matter relating to or affecting the expenditure of the Scottish Administration or other expenditure payable out of the Scottish Consolidated Fund.

2. The Committee may also consider and, where it sees fit, report to the Parliament on the timetable for the Stages of Budget Bills and on the handling of financial business.

3. In these Rules, "public expenditure" means expenditure of the Scottish Administration, other expenditure payable out of the Scottish Consolidated Fund and any other expenditure met out of taxes, charges and other public revenue.

Rule 6.7 Audit Committee

1. The remit of the Audit Committee is to consider and report on-

(a) any accounts laid before the Parliament;

(b) any report laid before or made to the Parliament by the Auditor General for Scotland; and

(c) any other document laid before the Parliament concerning financial control, accounting and auditing in relation to public expenditure.

2. No member of the Scottish Executive or junior Scottish Minister may be a member of the Committee and no member who represents a political party which is represented in the Scottish Executive may be convener of the Committee.

Rule 6.8 European and External Relations Committee

1. The remit of the European and External Relations Committee is to consider and report on-

(a) proposals for European Communities legislation;

(b) the implementation of European Communities legislation;

(c) any European Communities or European Union issue;

(d) the development and implementation of the Scottish Administration's links with countries and territories outside Scotland, the European Communities (and their institutions) and other international organisations; and

(e) co-ordination of the international activities of the Scottish Administration.

2. The Committee may refer matters to the Parliamentary Bureau or other committees where it considers it appropriate to do so.

3. The convener of the Committee shall not be the convener of any other committee whose remit is, in the opinion of the Parliamentary Bureau, relevant to that of the Committee.

4. The Parliamentary Bureau shall normally propose a person to be a member of the Committee only if he or she is a member of another committee whose remit is, in the opinion of the Parliamentary Bureau, relevant to that of the Committee.

Rule 6.9 Equal Opportunities Committee

1. The remit of the Equal Opportunities Committee is to consider and report on matters relating to equal opportunities and upon the observance of equal opportunities within the Parliament.

2. In these Rules, "equal opportunities" includes the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds or on grounds of disability, age, sexual orientation, language or social origin or of other personal attributes, including beliefs or opinions such as religious beliefs or political opinions.

Rule 6.10 Public Petitions Committee

1. The remit of the Public Petitions Committee is to consider public petitions addressed to the Parliament in accordance with these Rules and, in particular, to—

(a)  decide in a case of dispute whether a petition is admissible;

(b)  decide what action should be taken upon an admissible public petition; and

(c)  keep under review the operation of the petitions system.

Rule 6.11 Subordinate Legislation Committee

1. The remit of the Subordinate Legislation Committee is to consider and report on-

(a) any-

(i) subordinate legislation laid before the Parliament;

(ii) Scottish Statutory Instrument not laid before the Parliament but classified as general according to its subject matter,

and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation;

(c) general questions relating to powers to make subordinate legislation; and

(d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation.

Rule 6.12 Duration of committees

1. The mandatory committees referred to in Rule 6.1.5 shall be established for the whole session of the Parliament.

2. The Parliament shall, on a motion of the Parliamentary Bureau, determine the duration of any other committee.

3. The Parliament may decide, on a motion of the Parliamentary Bureau, that any other committee be disbanded.

Rule 6.13 Questions regarding competence

1. Any question whether a matter is within the remit of a committee shall be determined by the Parliamentary Bureau. The Parliamentary Bureau shall consult the Conveners Group on any such question.

2. If a matter falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, designate one of the committees as the lead committee responsible for that matter. The other committee or committees may report its or their opinion to the lead committee. This is without prejudice to Rule 6.14.

3. The Parliamentary Bureau shall consult the Conveners Group before proposing a motion under paragraph 2. This paragraph shall not apply to a motion by the Parliamentary Bureau under Rule 9.6.1 or under Rule 10.2.2.

Rule 6.14 Joint consideration by committees

1. Where a matter falls within the remit of more than one committee, the committees concerned may, with the agreement of the Parliamentary Bureau, consider that matter jointly. The Parliamentary Bureau shall consult the Conveners Group before giving such agreement.

2. Where a matter is to be considered jointly under paragraph 1, any meeting to consider that matter shall be held jointly by the committees concerned. Such a meeting may be convened by the convener of any of those committees. At such a meeting the convener of any of those committees may take the chair.

3. Any report on the joint consideration of a matter shall be produced jointly by those committees.

4. Any of those committees may establish a sub-committee under Rule 12.5 to consider the matter jointly with a sub-committee of another of those committees.

CHAPTER 6A

THE CONVENERS GROUP

Rule 6A.1 Members of the Conveners Group

1. There shall be a Conveners Group which shall consist of the Presiding Officer and the convener of each mandatory or subject committee.

Rule 6A.2 The Conveners Group

1. The functions of the Conveners Group shall be-

(a) to consider and make recommendations in connection with the operation of committees;

(b) to report to and be consulted by the Parliamentary Bureau on questions regarding competence under Rule 6.13;

(c) to report to and be consulted by the Parliamentary Bureau on any decision on joint consideration by committees under Rule 6.14;

(d) to decide with the Parliamentary Bureau on the approval of the place in Scotland of a committee meeting in accordance with Rule 12.3.2;

(e) to decide with the Parliamentary Bureau on the approval of travel by a committee member outwith the United Kingdom in accordance with Rule 12.10; and

(f) to refer matters to the Parliamentary Bureau, a committee or the Parliamentary corporation where it considers it appropriate to do so.

2. The Conveners Group shall not be regarded as a committee for the purpose of these Rules.

Rule 6A.3 Procedure of the Conveners Group

1. The Presiding Officer shall convene and chair meetings of the Conveners Group.

2. The Conveners Group shall normally meet in private.

3. The Conveners Group shall not consider any business unless the number of members of the Group who are present is 5 or more and the members present include representatives of 3 or more political parties.

4. Matters to be decided by the Conveners Group require the agreement of all members who are present.

5. The Conveners Group may appoint one of its members (referred to as a "Conveners Group reporter") to report to it on matters relating to the functions of the Conveners Group. The Conveners Group may appoint different Conveners Group reporters to report to it upon different matters.

6. A deputy Presiding Officer may attend any meeting of the Conveners Group and may participate in the proceedings.

7. The Conveners Group may invite members who are not members of the Conveners Group to attend a meeting of the Conveners Group and those persons may participate in the meeting.

CHAPTER 7

CONDUCT OF MEETINGS

Rule 7.1 Languages

1. The Parliament shall normally conduct its business in English but members may speak in Scots Gaelic or in any other language with the agreement of the Presiding Officer.

2. Any person addressing the Parliament on the invitation of the Parliament in accordance with Rule 15.3.5, may do so in any language other than English with the agreement of the Presiding Officer.

Rule 7.2 Calling speakers and content of speeches

1. No member except the Presiding Officer may speak unless called upon to do so by the Presiding Officer. In deciding who should be called, the Presiding Officer shall have regard to the nature of the business under consideration. Normally, members shall speak standing at their places and shall address the Presiding Officer.

2. The Presiding Officer may allocate speaking time, whether for proceedings in relation to a particular item of business or for a particular speaker in any proceedings, and may do so whether or not the proceedings have started or the speaker has started to speak. The Presiding Officer may not allocate speaking time in a manner which would disrupt any timetable of business set out in the daily business list.

3. The Presiding Officer may order a member to stop speaking if that member continues to speak beyond any time allocated to him or her or to that item of business (whether by the Presiding Officer or in the daily business list or under these Rules) or if, in the opinion of the Presiding Officer, the member departs from the subject or repeats himself or herself.

4. A speaker may not be interrupted except by the Presiding Officer. The speaker may, however, give way to allow another member to intervene.

Rule 7.3 Order in the chamber

1. Members shall at all times conduct themselves in a courteous and respectful manner and shall respect the authority of the Presiding Officer. In particular, members shall not speak or stand when the Presiding Officer is speaking.

2. Members shall at all times conduct themselves in an orderly manner and, in particular, shall not conduct themselves in a manner which would constitute a criminal offence or contempt of court.

3. Any member who is in breach of paragraph 2 may be ordered by the Presiding Officer to leave the chamber and may be excluded from the chamber-

(a) on the order of the Presiding Officer for such period as the Presiding Officer thinks fit but not beyond the end of the next sitting day; and

(b) for such further period as the Parliament may decide, on a motion of the Parliamentary Bureau.

4. A motion under paragraph 3(b) may not be amended. If the motion is debated only the following may speak, namely-

(a) the member concerned; and

(b) one member for the motion and one member against the motion.

Rule 7.4 Suspension and closure of meetings by the Presiding Officer

1. The Presiding Officer may, if he or she considers it appropriate, suspend a meeting of the Parliament-

(a) if an emergency occurs which would place members attending the meeting at risk;

(b) if a disturbance interferes with the conduct of business;

(c) where the electronic voting system or any other electronic equipment which is required for the purposes of the meeting cannot be used for any reason;

(d) where debate on a particular item of business has concluded before the time set out in the daily business list for commencement of the next item of business; or

(e) for a meal or other break.

2. In the case of a suspension under paragraph 1(b), a meeting is suspended if the Presiding Officer leaves the chair after ordering the person or persons causing the disturbance to stop the disturbance.

2A. The Presiding Officer may suspend a meeting of the Parliament to allow Stage 2 of a Bill to be taken by a Committee of the Whole Parliament.

3. The Presiding Officer may reconvene a meeting suspended under paragraph 1(a), (b) or (c) or 2A only at a time later in the same day. The Presiding Officer may suspend a meeting under paragraph 1(d) or (e) only until a specified time later in the same day when it shall be reconvened. A suspended meeting which is not reconvened at a time later in the same day is deemed to have been closed at the time it was suspended.

4. The Presiding Officer shall make any necessary alteration to the daily business list as a result of the suspension of a meeting. Members shall be notified of any such alteration.

5. The Presiding Officer may, if he or she considers it appropriate, at any time close a meeting of the Parliament.

Rule 7.5 Sub judice

1. A member may not in the proceedings of the Parliament refer to any matter in relation to which legal proceedings are active except to the extent permitted by the Presiding Officer.

2. For the purposes of paragraph 1, legal proceedings are active in relation to a matter if they are active for the purposes of section 2 of the Contempt of Court Act 1981 (c.49).

3. Where any member refers to a matter in relation to which legal proceedings are active the Presiding Officer may order that member not to do so.

4. Nothing in this Rule shall prevent the Parliament from considering legislation.

Rule 7.6 Forms of address

1. Each member shall be referred to in any proceedings of the Parliament by name and, if he or she wishes, by his or her title, if any, except-

(a) the Presiding Officer, who may, in addition or as an alternative, be referred to by that title;

(b) a deputy Presiding Officer, who may, in addition or as an alternative, be referred to by that title; and

(c) any member of the Scottish Executive or junior Scottish Minister, who may, in addition or as an alternative, be referred to by such titles as the First Minister may notify to the Presiding Officer.

Rule 7.7 Calculating the length of debates or the number of speakers

1. For the purposes of any Rule limiting the length of a debate or the number of speakers-

(a) if the member moving the motion speaks in support of it, he or she shall be treated as a speaker for that motion and the time for which he or she speaks shall be treated as part of the debate; and

(b) any debate on an amendment to a motion shall form part of the debate on the motion.

Rule 7.8 Committee proceedings

1. Rules 7.1 to 7.3, 7.4.1 to 7.4.3, 7.4.5 and 7.5 to 7.7 shall apply to proceedings at meetings of committees and sub-committees as they apply to proceedings at meetings of the Parliament, with such modifications as are appropriate. However, only the Presiding Officer may grant the permission referred to in Rule 7.5.1.

CHAPTER 8

MOTIONS AND POINTS OF ORDER

Rule 8.1 Motions

1. Any member may, except where these Rules provide otherwise, give notice of a motion or move a motion about any matter.

2. A motion may be moved without notice being given only as permitted by these Rules or, exceptionally, as permitted by the Presiding Officer.

3. Where these Rules provide for a motion of a committee or of the Parliamentary Bureau, notice of the motion (if required) may be given, and the motion may be moved, only by a member of that committee or, as the case may be, of the Parliamentary Bureau.

Rule 8.2 Notice of motions

1. Notice of a motion shall be given by being lodged by a member with the Clerk. Notice of a motion shall contain the text of the motion and the name of the member giving notice of it.

2. A motion shall-

(a) be in English;

(b) not contain offensive language;

(c) not breach any enactment or rule of law or be contrary to the public interest; and

(d) not contravene Rule 7.5.1.

3. A motion is admissible unless it is not permitted under these Rules or is not in accordance with paragraph 2.  The Presiding Officer shall determine any dispute as to whether a motion is admissible.

4. Any member may indicate his or her support for a motion by notifying the Clerk.

5. The text of an admissible motion and the name of the member who gave notice of it and of any member supporting it shall be printed in the Business Bulletin.

6. Normally, a motion shall not be taken before the sitting day after the day on which notice of it is given under paragraph 1. A motion may be taken on shorter notice if the Parliament so decides on a motion without notice. Such a motion may be taken only with the agreement of the Presiding Officer.

7. Where time has been allocated for a debate on a particular subject, the Presiding Officer shall consider all motions on that subject of which notice has been given and shall decide which of those motions is to be taken by the Parliament. In all other cases, the Parliamentary Bureau shall consider motions of which notice has been given and shall by motion propose which of those motions are to be taken by the Parliament. A business motion shall always be taken by the Parliament.

8.  The Clerk shall maintain and publish from time to time a list of all the admissible motions lodged and not yet taken by the Parliament.  The Parliamentary Bureau may remove from the list any motion that has been on the list for more than 6 weeks without a date for it to be taken by the Parliament being appointed in the business programme.

Rule 8.3 Motions taken by the Parliament

1. A motion is taken by the Parliament when it is called at a meeting of the Parliament by the Presiding Officer.

2. When a motion is taken by the Parliament the motion may be moved by the member who gave notice of it or, except in the cases referred to in Rules 8.9 to 8.11, Rule 9.12.7 and Rule 9A.14.7, if that member does not move the motion, by any other member who has indicated his or her support for it before the end of the previous sitting day.

3. Before the member moves the motion, he or she may speak in support of it.

4. Immediately after the motion is moved, the Presiding Officer may call on any other member to speak.

5. All motions may be debated, except as provided in these Rules.

6. After a motion is moved, it may be withdrawn by the member who moved it at any time before the question is put unless any member objects to it being withdrawn.

7. After the debate has been closed or, where there is no debate, after the motion has been moved, the question on the motion shall be put at the time when it requires to be put in accordance with Rules 11.2 to 11.4.

8. Any motion not taken by the Parliament shall fall at dissolution.

Rule 8.4 Amendments to motions

1. A motion may be amended except as provided in these Rules.

2. A motion without notice may be amended without notice.

Rule 8.5 Notice of amendments

1. Notice of an amendment to a motion of which notice has been given shall be given by being lodged by a member with the Clerk at any time after notice of the motion has been given. Notice of an amendment shall contain the text of the amendment and the name of the member giving notice of it.

2. An amendment shall-

(a) be in English;

(b) not contain offensive language;

(c) not breach any enactment or rule of law or be contrary to the public interest; and

(d) not contravene Rule 7.5.1.

3. An amendment is admissible unless it is not permitted under these Rules or is not in accordance with paragraph 2.  The Presiding Officer shall determine any dispute as to whether an amendment is admissible.

4. Any member may indicate his or her support for an amendment by notifying the Clerk.

5. The text of an admissible amendment and the name of the member who gave notice of it and of any member supporting it shall be printed in the Business Bulletin.

6. The Presiding Officer shall examine all admissible amendments lodged and decide which ones are to be taken by the Parliament.

7.  The member who lodged an amendment may withdraw it at any time by notifying the Clerk.

Rule 8.6 Amendments taken by the Parliament

1. If an amendment to a motion is to be taken by the Parliament, it shall be taken immediately after the motion is moved.

2. When an amendment is taken, it may be moved by the member who gave notice of it or by any member who has indicated his or her support for it.

3. Before the member moves the amendment, he or she may speak in support of it.

4. An amendment may be debated only if the motion may be debated.

4A. After an amendment is moved, it may be withdrawn by the member who moved it any time before the question is put unless any member objects to it being withdrawn.

4B. If a motion is withdrawn under Rule 8.3.6 an amendment to that motion shall be treated as being withdrawn.

4C.  An amendment to a motion on the list referred to in Rule 8.2.8 shall be included on that list; and if a motion falls or is removed from that list, the amendment to that motion falls.

5. The question on an amendment shall be put in accordance with Rules 11.2 to 11.4.

Rule 8.7 Amendments to amendments

1. The provisions of Rules 8.4 to 8.6 shall apply to amendments to amendments as they apply to amendments to motions with such modifications as are appropriate.

Rule 8.8 Application to committees

1. The provisions of Rules 8.1 to 8.7 shall apply to proceedings at meetings of committees and sub-committees as they apply to proceedings at meetings of the Parliament, with such modifications as are appropriate.

Rule 8.9 Motions of the First Minister

1. The following motions may be moved, and notice of any such motion may be given, only by the First Minister, namely-

(a) a motion seeking the agreement of the Parliament under section 48(1) that a recommendation be made to Her Majesty for the appointment or removal of a person as Lord Advocate or Solicitor General for Scotland;

(b) a motion seeking the agreement of the Parliament under section 47(2) or 49(3) that a member be appointed a Minister or a junior Scottish Minister respectively;

(c) a motion under section 95(7) that a recommendation be made to Her Majesty for the removal of a judge.

Rule 8.10 Motions for tax-varying resolutions

1. A motion for a tax-varying resolution under section 74 may be moved, and notice of such a motion may be given, only by a member of the Scottish Executive. Such a motion may not be amended.

2. Subject to paragraph 3, a motion for a tax-varying resolution may be moved no earlier than 12 months before the beginning of the year of assessment to which it relates.

3. A motion for a tax-varying resolution may be moved after the beginning of the year of assessment to which it relates only at Stage 3 of a Budget Bill, or a Bill to amend a Budget Act, relating to that year.

Rule 8.11 Business motions

1. A motion seeking the Parliament's approval of the Parliamentary Bureau's proposals on the business programme shall be known as a business motion.

2. A business motion may be moved, and notice of such a motion may be given, only by a member of the Parliamentary Bureau.

3. Any debate on a business motion shall be restricted to 30 minutes. There shall be no more than one speaker for and one speaker against the motion or any amendment to it and each speaker may speak for no more than 5 minutes.

4. Members may propose amendments to a business motion. If, when notice of an amendment is given, it is supported by at least 10 members, that amendment shall be taken by the Parliament.

Rule 8.12 Motions of no confidence

1. Any member may give notice of a motion that the Scottish Executive or a member of the Scottish Executive or a junior Scottish Minister no longer enjoys the confidence of the Parliament ("a motion of no confidence").

2. If notice of a motion of no confidence is supported by at least 25 members, it shall be included in a proposed business programme.

3. Members shall normally be given at least 2 sitting days' notice of a motion of no confidence. Exceptionally, members may be given a shorter period of notice if in the opinion of the Parliamentary Bureau a shorter period is appropriate.

Rule 8.12A Motions on competence

1. Only the member moving the motion mentioned in Rule 6.13.2 and one member against (being a member of the Parliamentary Bureau or the Conveners Group) may speak on that motion. Each such person may speak for no more than 5 minutes.

Rule 8.13 Procedural motions

1. Only the member moving the motion and one speaker against may speak on a motion mentioned in Rules 8.14 to 8.16. Each such person may speak for no more than 3 minutes.

2. A motion referred to in paragraph 1 shall take precedence over the business under consideration, the debate on which shall be suspended while the motion is being considered.

Rule 8.13A

1. [deleted]

Rule 8.14 Motions for closure or extension of a debate

1. Where time has been allocated for a debate (whether by the Presiding Officer or in the daily business list) the debate shall, subject to paragraphs 2 and 3, be closed when the time allocated has been exhausted.

2. A member may, by motion without notice, propose that a debate be closed earlier than the end of the period of time allocated for that debate. Such a motion may be taken only with the agreement of the Presiding Officer. If the motion is agreed to, the debate shall be closed at the time proposed. If the motion is disagreed to, no further such motion may be moved during that debate.

3. Any member may, by motion without notice, propose that a debate be extended for up to 30 minutes beyond the end of the period of time allocated for that debate. Such a motion may be taken only with the agreement of the Presiding Officer. If the motion is agreed to, the debate shall be extended by the period of time proposed. If the motion is disagreed to, no further such motion may be moved during that debate.

4. If a debate is closed or extended under this Rule the Presiding Officer shall make any necessary alteration to the daily business list. Members shall be notified of any such alteration.

5. In this Rule, "debate" does not include a debate on amendments at Stage 3 of a Bill.

Rule 8.15 Motions for adjournment of a debate

1. At any time during a debate a member may, by motion without notice, propose that the debate be adjourned. Such a motion may be taken only with the agreement of the Presiding Officer.

2. If the motion is agreed to, the Parliament shall proceed to the next business. If a debate is adjourned under this Rule the Presiding Officer shall make any necessary alteration to the daily business list. Members shall be notified of any such alteration.

3. If the motion is disagreed to, no further such motion may be moved during that debate.

Rule 8.16 Motions for adjournment and closure of meetings

1. Any member may, by motion without notice, propose that a meeting of the Parliament be adjourned or closed. Such a motion may be taken only with the agreement of the Presiding Officer. A meeting may be adjourned only to a time later in the same day. If a meeting is so adjourned, the Presiding Officer shall make any necessary alteration to the daily business list. Members shall be notified of any such alteration.

Rule 8.17 Points of order

1. A member may in any proceedings question whether proper procedures have been or are being followed by making a point of order.

2. In making a point of order, a member may not speak for more than 3 minutes and may not speak on the question under consideration. Points of order shall take precedence over the question under consideration, the discussion of which shall be suspended while they are being considered.

3. The Presiding Officer shall normally take an immediate decision on any point of order in accordance with these Rules but may exceptionally defer taking a decision. He or she shall announce his or her ruling.

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