3rd Edition (1st Revision, September 2007)

CHAPTER 13

STATEMENTS AND PARLIAMENTARY QUESTIONS

Rule 13.1 Personal statements

1. Any member may, at the discretion of the Presiding Officer, make a personal statement to a meeting of the Parliament.

2. A member wishing to make a personal statement shall notify the Presiding Officer that he or she wishes to do so.

3. If the Presiding Officer decides that a personal statement may be made, he or she shall notify the Parliamentary Bureau which shall include notice of that statement in a business programme.

4. Where a personal statement is made, it may not be debated.

Rule 13.2 Ministerial statements

1. Where a member of the Scottish Executive or junior Scottish Minister wishes to make a statement to a meeting of the Parliament ("a ministerial statement"), notice shall be given to the Presiding Officer. The Presiding Officer shall then notify the Parliamentary Bureau who shall include notice of the ministerial statement in a business programme. A ministerial statement may be debated.

2. Where a ministerial statement is of an urgent nature, the member of the Scottish Executive or junior Scottish Minister wishing to make the statement may, on giving notice of the statement to the Presiding Officer, request that it be made on that day. If the statement is, in the opinion of the Presiding Officer, sufficiently urgent, he or she shall allow the statement to be made and debated and shall make any necessary alteration to the daily business list. Members shall be notified that any such statement is to be made and of any subsequent alteration to the daily business list.

Rule 13.3 Questions to the Scottish Executive

1. Any member may put a question to the Scottish Executive for answer in the Parliament.

2. Questions shall be in writing and lodged with the Clerk.

3. A question shall-

(a) be brief, clearly worded, and address specific points;

(b) relate to a matter for which the First Minister, the Scottish Ministers or the Scottish Law Officers have general responsibility;

(c) be in English;

(d) be prefaced by the name of the member asking it;

(e) not contain offensive language;

(f) not express a point of view;

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

(h) not contravene Rule 7.5.1.

4. A question shall specify whether it is for written answer (“a written question”) or for oral answer (“an oral question”) and, if for oral answer, whether it is for answer at First Minister’s Question Time (“a First Minister’s Question”), at General Question Time (“a General Question”) or at Themed Question Time (“a Themed Question”) .

4A. Where an expected date of dissolution has been notified in accordance with Rule 2.1.4, the last day on which written questions may be lodged in that session is-

(a) the day that is 14 days before the date so notified; or

(b) the day on which the notification is given,

whichever is the later.

5. A member may withdraw a question lodged by him or her at any time before it is answered by notifying the Clerk. A question which is withdrawn shall not receive an answer.

Rule 13.4 Admissibility of questions

1. A question is admissible unless-

(a) it does not comply with the requirements of Rule 13.3.3;

(b) the information sought has been provided in response to a similar question in the 6 months before the member seeks to lodge the question;

(c) it is lodged for answer at General Question Time in a particular week but is relevant to Themed Question Time that week; or

(d) it is lodged for answer at that part of Themed Question Time that relates to a particular subject area, but is not relevant to that subject area.

2. Any dispute as to whether a question is admissible shall be determined by the Presiding Officer.

Rule 13.5 Written questions

1. A written question concerning a matter for which the First Minister is alone responsible may be answered only by the First Minister. A written question concerning the operation of the systems of criminal prosecution and investigation of deaths in Scotland may be answered only by the Lord Advocate or the Solicitor General for Scotland. Other written questions may be answered by any member of the Scottish Executive or by a junior Scottish Minister.

2. The answer to a written question shall be lodged with the Clerk. An answer shall normally be lodged within 10 counting days of the day on which the question is lodged. In the case of a question lodged during the 14 days before a period when the Parliament is in recess for more than 4 days and during that recess, an answer shall normally be lodged within 20 counting days of the day on which the question is lodged.

2A. In Rule 13.5.2 "counting days" means days when the office of the Clerk is open.

3. The Clerk shall publish all admissible written questions in the Business Bulletin. An answer to a written question shall be published along with the question in the Official Report.

Rule 13.6 First Minister’s Questions

1. A member may lodge a First Minister's Question during the period commencing with the completion of the preceding First Minister's Question Time and ending at 14:00 on the Monday before the First Minister's Question Time at which he or she wishes the question to be answered (or such time and day as may, exceptionally, be specified by the Parliament on a motion of the Parliamentary Bureau). A member may lodge only one question for answer at any First Minister's Question Time.

2. The Presiding Officer may select, from all admissible First Minister's Questions lodged, up to 6 questions for answer at First Minister's Question Time.

Rule 13.6A Themed and General Questions

1. A member who wishes to lodge a Themed or General Question shall first submit his or her name for selection for that purpose. A member may submit his or her name for one or more of—

(a) General Question Time; and

(b) the subject areas to be included in Themed Question Time.

2. A member shall submit his or her name for selectionduring the period commencing with the completion of the General Question Time or Themed Question Time (whichever is the later) in the third week before the week in which the member wishes to ask a question and ending at 12:00 on the Wednesday of the second week before that week (or such time and day as may, exceptionally, be specified by the Parliament on a motion of the Parliamentary Bureau).

3. The Clerk shall select, from the names submitted, such number of members to put questions for answer at General Question Time and for each subject area at Themed Question Time as, in each case, shall be determined by the Presiding Officer. Each selection of names shall be carried out on a random basis and the selections shall be carried out in the order in which the proceedings to which they relate are to take place. A member’s name, once selected, shall be disregarded in any subsequent selection of names for the same week.

4. Each member whose name has been selected under paragraph 3 shall lodge his or her oral question by 12:00 on the Wednesday of the week before the week in which the question is to be answered (or such time and day as may, exceptionally, be specified by the Parliament on a motion of the Parliamentary Bureau).

5. Names selected under paragraph 3 and admissible questions lodged under paragraph 4 shall be notified to members in the Business Bulletin.

Rule 13.7 Oral Questions in the Chamber

A1. First Minister's Question Time shall be a period of up to 30 minutes each week (normally on Thursdays) at a meeting of the Parliament.

A2. General Question Time shall normally be a period of up to 20 minutes, and Themed Question Time shall normally be a period of up to 40 minutes, each week (both normally on Thursdays) at a meeting of the Parliament.

1. An oral question concerning a matter for which the First Minister is alone responsible shall normally be answered by the First Minister but may exceptionally be answered by any other member of the Scottish Executive. An oral question concerning the operation of the systems of criminal prosecution and investigation of deaths in Scotland shall normally be answered by the Lord Advocate or the Solicitor General for Scotland but may exceptionally be answered by another member of the Scottish Executive. Other oral questions may be answered by any member of the Scottish Executive or a junior Scottish Minister. An oral question selected for answer at First Minister's Question Time shall normally be answered by the First Minister but may, if the First Minister is unable to attend First Minister's Question Time or any part of it, be answered by another member of the Scottish Executive.

2. An oral question is taken when it is called by the Presiding Officer.

3. Questions shall be taken in the order in which they are printed in the Business Bulletin except where the Presiding Officer decides not to call a question under paragraph 11.

4. When a question is taken, it may be asked only by the member who lodged it.

5. After a question is answered, the member who asked it may ask one supplementary question and any member may, at the discretion of the Presiding Officer, ask further supplementary questions. If the member who asked the question does not ask the first supplementary question, any member may, at the discretion of the Presiding Officer, ask a supplementary question or questions.

6. [deleted]

7. A member asking a question shall, in asking the question, not depart from the terms of the question.

8. A member may ask a supplementary question only on the same subject matter as the original question and shall, in asking the question, do so briefly.

9. A question selected for answer at First Minister’s Question Time or lodged for answer at General Question Time or Themed Question Time which is not taken shall be treated as a written question and an answer shall normally be lodged on or before the next day when the office of the Clerk is open.

10. A question which is taken but which is not asked and has not been withdrawn, shall be treated as a written question and an answer shall normally be lodged on or before the next day when the office of the Clerk is open.

11. Where a member is not in the Chamber at the time the question he or she had lodged is due to be asked, the Presiding Officer may decide not to call the question. Such a question shall be treated as a written question and an answer shall normally be lodged on or before the next day when the office of the Clerk is open.

Rule 13.8 Emergency Questions

1. Where an oral question is of an urgent nature the member lodging it may, if it is lodged by 10:00 on a day on which there is a meeting of the Parliament, request that it be answered that day. The Clerk shall notify the Presiding Officer of the lodging of such a question as soon as possible after it is lodged. Such a question is referred to as "an emergency question".

2. If an emergency question is, in the opinion of the Presiding Officer, sufficiently urgent, he or she shall allow the question to be put and answered at an appropriate point during the meeting of the Parliament and shall make any necessary alteration to the daily business list. Members shall be notified that any such question is to be put and of any subsequent alteration to the daily business list.

3. An emergency question concerning a matter for which the First Minister is alone responsible shall normally be answered by the First Minister but may exceptionally be answered by any other member of the Scottish Executive. An emergency question concerning the operation of the systems of criminal prosecution and investigation of deaths in Scotland shall normally be answered by the Lord Advocate or the Solicitor General for Scotland but may exceptionally be answered by another member of the Scottish Executive. Other emergency questions may be answered by any member of the Scottish Executive or a junior Scottish Minister.

4. When an emergency question is taken it may be asked only by the member who lodged it.

5. After an emergency question is answered the member who asked it may ask one supplementary question and other members may, at the discretion of the Presiding Officer, ask further supplementary questions. If the member who asked the question does not ask the first supplementary question, any member may, at the discretion of the Presiding Officer, ask a supplementary question or questions.

6. A member asking an emergency question shall, in asking the question, not depart from the terms of the question. A member asking a supplementary question shall, in asking the question, do so briefly.

7. A member may ask a supplementary question only on the same subject matter as the original question and shall, in asking the question, do so briefly.

Rule 13.9 Questions to the Scottish Parliamentary Corporate Body

1. Any member may address a question on any matter concerning the Parliamentary corporation or the staff of the Parliament to the Scottish Parliamentary Corporate Body. Where such a question is for oral answer it may be answered by any member of the Parliamentary corporation at SPCB Question Time.

2. Rules 13.3 (except paragraphs 1 and 3(b)), 13.4(a) and (b) and 13.5.2, 2A and 3 shall apply to questions referred to in paragraph 1 as they apply to questions to the Scottish Executive.

3. SPCB Question Time shall be a period of up to 15 minutes at a meeting of the Parliament at which questions selected under paragraph 5 may be put to and answered by members of the Parliamentary corporation.

4. A member may lodge an oral question for answer at any SPCB Question Time during the period commencing when the Parliament decides under Rule 5.4.1 to include that SPCB Question Time in a business programme and ending at 16:00 on the Tuesday of the week before the SPCB Question Time at which the member wishes his or her question to be answered (or such time and day as may, exceptionally, be specified by the Parliament on a motion of the Parliamentary Bureau). A member may lodge only one question for answer at any SPCB Question Time.

5. The Clerk shall select, from all admissible oral questions lodged for answer at SPCB Question Time, such number of questions for answer at SPCB Question Time as the Presiding Officer may determine. These questions shall be selected on a random basis.

6. Rules 13.7.2 to 5 and 13.7.7 to 11 shall apply to questions referred to in paragraph 1 as they apply to questions to the Scottish Executive except that any reference to any or all of First Minister’s Question Time, General Question Time and Themed Question Time shall be read as a reference to SPCB Question Time.

CHAPTER 14

LAYING AND PUBLICATION OF DOCUMENTS

Rule 14.1 Laying of reports and other documents

1. Where, under an enactment or otherwise, a report or other document is required or authorised to be laid before the Scottish Parliament, the lodging of a copy of that report or document with the Clerk shall be treated for all purposes as being the laying of it before the Parliament.

2. The Clerk may require the person laying the report or document to provide such additional copies as he or she considers necessary.

3. A report or other document may be laid before the Parliament at any time when the office of the Clerk is open.

4. No report or other document shall be laid before the Parliament unless it is required or authorised to be laid under an enactment or otherwise or it is laid by a member of the Scottish Executive.

5. The Clerk shall ensure that notice of any report or other document laid before the Parliament is published in the Business Bulletin. The notice shall give the title of the report or document.

Rule 14.2 Laying of financial reports and documents

1. Any documents laid before the Parliament containing outline proposals for public expenditure in any financial year shall not be considered, except with the agreement of the Parliament, unless they are laid before the Parliament no later than the preceding 20 April.

2. Any document laid before the Parliament setting out preliminary draft budgets of public expenditure in any financial year shall not be considered, except with the agreement of the Parliament, unless they are laid before the Parliament no later than the preceding 20 September.

Rule 14.3 Publication of documents

1. Where, under these Rules, the Clerk is required to publish any document, he or she shall arrange for publication through the Parliamentary corporation.

2. If the Parliament so decides, the Clerk shall publish any report or other document laid before the Parliament.

3. In these Rules, "document" means anything in which information is recorded in any form.

Rule 14.4 Publication under the authority of the Parliament

1. Any statement which is required or authorised to be published in pursuance of these Rules is published under the authority of the Parliament.

2. In these Rules, "statement" has the same meaning as in the Defamation Act 1996 (c.31).

CHAPTER 15

OPENNESS AND ACCESSIBILITY

Rule 15.1 Meetings in public

1. The meetings of the Parliament and, subject to Rule 12.3.5, of any committee or sub-committee shall be held in public.

2. Paragraph 1 is subject to the conditions which require to be complied with by any member of the public attending the proceedings of the Parliament as mentioned in Rule 15.2.

Rule 15.2 Public access

1. Members of the public shall be admitted to the public gallery during any meeting of the Parliament.

2. Members of the public admitted to the public gallery during any meeting of the Parliament shall comply with such reasonable conditions as the Presiding Officer may determine and notify to them.

3. The Presiding Officer may order that any member of the public who does not, in the opinion of the Presiding Officer, comply with any of those conditions shall leave the public gallery and may order that any such person be excluded from the proceedings of the Parliament for such period as the Presiding Officer considers appropriate.

4. This Rule shall apply to meetings of committees as it applies to meetings of the Parliament with such modifications as are appropriate.

Rule 15.3 Access to the chamber

1. Subject to paragraph 2, no person other than a member may enter the chamber during a meeting of the Parliament except-

(a) the Lord Advocate or Solicitor General for Scotland (if not a member);

(b) a person authorised to do so by the Presiding Officer;

(c) a person addressing the Parliament in accordance with paragraph 5;

(d) any other person required, invited or permitted by the Parliament to attend a meeting of the Parliament; and

(e) the Clerk or any person authorised by him or her.

2. If the person holding the office of Presiding Officer or deputy Presiding Officer as mentioned in section 19(2) is not a member of the Parliament, he or she may enter the chamber during a meeting of the Parliament but only for the purpose of chairing proceedings for the election of a new Presiding Officer.

3. Any person mentioned in paragraph 1(b), (d) or (e) may be required to leave the chamber or prevented from entering the chamber by order of the Presiding Officer.

4. During a meeting of the Parliament, only a member, or the Lord Advocate or Solicitor General for Scotland (if not a member), may sit in any seat in the chamber which is reserved for members.

5. Any person may, on the invitation of the Parliament, address the Parliament.

Rule 15.4 Bringing petitions

1.  The Parliament shall consider, in accordance with the provisions of this Rule and Rules 15.5 to 15.8, any petition addressed to it. A petition may be brought in any language by an individual person (other than a member), a body corporate or an unincorporated association of persons.

2. A petition shall clearly indicate-

(a) the name of the petitioner;

(b) an address of the petitioner to which all communications concerning the petition should be sent; and

(c) the name and address of any person supporting the petition.

3. The Public Petitions Committee (the Committee) shall determine the proper form of petitions and shall publish its determinations in such manner as it considers appropriate.

4. A petition may be lodged with the Clerk, or sent to the Clerk by e-mail, at any time when the office of the Clerk is open and the Parliament is not dissolved. Petitions may be lodged or sent by the petitioner or by a member on behalf of the petitioner.

Rule 15.5 Admissibility of petitions

1.  A petition is admissible unless it—

(a)  does not comply with Rule 15.4.2 or is otherwise not in proper form;

(b)  contains language which is offensive;

(c)  requests the Parliament to do anything which the Parliament clearly has no power to do; or

(d)  is the same as, or in substantially similar terms to, a petition brought by or on behalf of the same person, body corporate or unincorporated association during the same session of the Parliament and which was closed less than a year earlier. 

2.  The Committee shall consider and decide in a case of dispute whether a petition is admissible and shall notify the petitioner of its decision and of the reasons for that decision. 

Rule 15.6 Action on petitions

1. If a petition is admissible, the Committee shall take such action as it considers appropriate in relation to that petition.

1A. [deleted]

2. The Committee may—

(a) refer the petition to the Scottish Ministers, any other committee of the Parliament or any other person or body for them to take such action as they consider appropriate;

(b) report to the Parliamentary Bureau or to the Parliament; or

(c) take any other action which the Committee considers appropriate; or

(d)  close the petition under Rule 15.7.

3. The Committee shall notify the petitioner of any action taken under paragraph 2.

Rule 15.7 Closing petitions

1. The Committee, or any other committee to which a petition has been referred, may close a petition at any time.

2. Where a committee closes a petition it shall notify the petitioner that the petition is closed and of the reasons for closing it.

Rule 15.8 Notification

1.  Any notification to a petitioner under Rule 15.5.2, 15.6.3 or 15.7.2 shall be made as soon as practicable after the action or decision to which the notification relates and may, at the discretion of the Committee, be given in the language of the petition (if that language is not English).

CHAPTER 16

REPORTING OF PROCEEDINGS

Rule 16.1 Minutes of proceedings

1. Minutes of the proceedings at each meeting of the Parliament shall be drawn up by the Clerk.

2. The minutes shall record all the items of business taken by the Parliament at that meeting and the results of any decisions taken and of any divisions and elections which took place.

3. The Clerk shall arrange for the minutes of proceedings to be printed and published as soon as possible by whatever means is considered appropriate.

Rule 16.2 Scottish Parliament Official Report

1. The Parliamentary corporation shall ensure that a substantially verbatim report of the proceedings at each meeting of the Parliament is prepared. It shall be known as the Scottish Parliament Official Report and in these Rules is referred to as the Official Report.

2. The Official Report shall also contain all written questions, together with the answers, in accordance with Rule 13.5.3.

3. The Clerk shall ensure that the Official Report is printed and published.

Rule 16.3 Journal of the Scottish Parliament

1. The Parliamentary corporation shall ensure that a Journal of the Scottish Parliament (referred to as "the Journal") is printed and published at such intervals as the Parliament may, on a motion of the Parliamentary Bureau, determine.

2. The Journal shall contain-

(a) minutes of proceedings of the Parliament;

(aa) notice of each Bill introduced, which notice shall give the short and long titles of the Bill, the name of the member introducing it and the names of any supporters, the date of introduction and the type of Bill;

(ab) notice of any legislative consent memorandum lodged in accordance with Rule 9B.3, which notice shall give the name of the member lodging the memorandum, the short title of the UK Parliament Bill to which the memorandum refers and the date on which the memorandum was lodged;

(b) notice of any instrument or draft instrument or any other document laid before the Parliament in accordance with Chapter 10, which notice shall give the title of the instrument, draft instrument or other document and the date on which it was laid before the Parliament;

(c) notice of any report of a committee to the Parliament (or to other committees, if published separately), which notice shall give the title of the report and the date on which it was published; and

(d) any other matter which the Parliament, on a motion of the Parliamentary Bureau, considers should be included in the Journal.

Rule 16.4 Broadcast of proceedings

1. The Parliamentary corporation shall arrange for proceedings at meetings of the Parliament to be broadcast in such manner and subject to such conditions as the Parliament may determine in a Code of Conduct relating to broadcasting of proceedings of the Parliament.

2. Until such a Code of Conduct has been made by the Parliament, the Parliamentary corporation may make such arrangements for the broadcast of proceedings at meetings of the Parliament as it sees fit.

Rule 16.5 Committee proceedings

1. Subject to paragraph 2, Rules 16.1, 16.2 and 16.4 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.

2. Unless the Parliament decides otherwise, no substantially verbatim report of any proceedings at a meeting of a committee or sub-committee held in private shall be prepared. No such proceedings shall be broadcast.

Rule 16.6 Proceedings of the Scottish Commission for Public Audit

1.  The Parliamentary corporation shall ensure that a substantially verbatim report of the proceedings at each meeting of the Scottish Commission for Public Audit (“the Commission”) held in public is prepared.  The Clerk shall ensure that that report is printed and published.

2.  The Clerk shall ensure that any minutes of its meetings prepared by the Commission are published.

3.  Rule 16.4 shall apply to proceedings at meetings of the Commission as it applies to proceedings at meetings of the Parliament with such modifications as are appropriate.

CHAPTER 17

MISCELLANEOUS

Rule 17.1 Amending standing orders

1. The Parliament may, on a motion of the Standards, Procedures and Public Appointments Committee, amend these standing orders. Any decision of the Parliament to amend the standing orders shall, if taken by division, require an absolute majority. Any amendment to the standing orders must be consistent with the requirements of the Act.

Rule 17.2 Suspension and variation of standing orders

1. Subject to paragraph 2, the Parliament may-

(a) on a motion of any member or of the Parliamentary Bureau, suspend such of these Rules or such part of a Rule (including a single word or number) as is specified in the motion, but only for the purpose of such meeting of the Parliament, a committee or sub-committee as is specified in the motion; or

(b) on a motion of the Parliamentary Bureau, suspend such of these Rules or such part of a Rule (including a single word or number) as is specified in the motion, but only for the purpose of such particular item of business as is specified in the motion,

and may make such alternative provision for the Rule or part suspended as is specified in the motion.

2. The Parliament may suspend any Rule or part of a Rule or make alternative provision only if doing so would be consistent with the requirements of the Act.

Rule 17.2A  Date of resignation

1.  Where these Rules provide for a member to resign from an office by giving notice in writing or intimating resignation to a person or body, the date of resignation is—

(a) the date on which the notice or intimation is received by that person or body; or

(b) such later date as may be specified in the notice or intimation.

Rule 17.3 Notice to members

1. Where these Rules impose a requirement to notify the Parliament or members of any matter, notification shall normally be given in the Business Bulletin.

2. Where the Parliament is in recess, notice shall be given in whatever form is considered by the person giving that notice to be sufficient.

3. Where notice is given in accordance with paragraph 1 or 2, that notice shall also be made public.

Rule 17.4 Lodging of documents

1. Where these Rules provide for anything, other than a Bill and any instrument or other document to which Chapter 10 or 14 applies, to be lodged with, or notified to, the Clerk by a member, this may be done by its-

(a) being lodged with, or notified in writing to, the Clerk by the member;

(b) being lodged with, or notified in writing to, the Clerk by any other person on behalf of the member, but only if that person has been authorised to do so by the member and the Clerk has been notified of that authorisation in writing; or

(c) being sent by e-mail to the Clerk from the member's e-mail address, but only if the member has notified the Clerk in writing that he or she intends lodging documents by e-mail.

2. In addition, anything to be lodged with, or notified to, the Clerk by a member of the Scottish Executive or a junior Scottish Minister may be sent by e-mail to the Clerk from the e-mail address of a member of the staff of the Scottish Administration but only if that member of staff has been authorised to do so by any member of the Scottish Executive or a junior Scottish Minister and the Clerk has been notified of that authorisation in writing.

Rule 17.5 Consulting the Parliament

1. Where under an enactment a person is required to consult the Parliament and that person does so by laying a consultation document before the Parliament or otherwise by providing the Clerk with such a document, the Clerk shall ensure that notice of receipt of the document is published in the Business Bulletin.

2. Once a consultation document has been laid or provided to the Clerk, the Parliamentary Bureau shall refer it to the committee within whose remit the subject matter of the consultation falls. That committee (referred to as “the lead committee”) shall consider and report to the Parliament on the consultation. Where the subject matter of the consultation falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, designate one of those committees as the lead committee. The other committee or committees (the "secondary committee or committees") may also consider the consultation document and report its or their views to the lead committee.

3. Once the lead committee has reported, the Parliament shall consider the consultation document in the light of the lead committee’s report.

Rule 17.6   Interpretation

1.  Any expression used both in these Rules and in the Act shall (unless expressly provided otherwise) have the same meaning in these Rules as in the Act. 

3. Any reference in these Rules to a numbered section is (unless expressly provided otherwise) to the section having that number in the Act.

3.  In these Rules—

“the Act” means the Scotland Act 1998 (c.46);

“court” includes tribunal; and

“legal proceedings” means any legal proceedings (whether civil or criminal) in any court in the United Kingdom

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