Can a member of the public introduce a bill?
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Someone who is not an MSP can introduce a private bill, but the purpose of such a bill is limited. The purpose of a private bill is to obtain for the individual or corporation proposing it specific powers that go beyond or conflict with the general law. A member of the public cannot introduce a bill to change the general law that applies across Scotland, for example, concerning health, education or housing.
For members of the public who wish to see changes to the general law, there are several ways to make their concerns known. These include:
- contacting their MSPs (for example, an MSP could introduce a member’s bill or take the proposal to a committee which might bring forward a committee bill)
- submitting a petition asking the Parliament to amend an existing law or introduce a new law. More information on petitioning the Parliament is available in the document
How to submit a public petition.
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How can I keep track of the progress of a bill?
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The Current Bills section on the website lists all bills that are currently in progress. You can access information about an individual bill's progress by clicking on the name of the bill on this page. Details of the current status of each bill can be found in Section J of the Business Bulletin. A summary of all the bills considered by the Scottish Parliament in the current session and in the previous sessions can be found in the Parliamentary Business series of fact sheets on our website, under the title 'Scottish Parliament Legislation'. (Lists of bills from Session 1 and Session 2 are in the Parliamentary Business: Historical Series.)
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How does the Scottish Parliament make laws?
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The usual parliamentary process for a bill consists of three stages: - Stage 1 - consideration of the general principles of the bill by parliamentary committee(s), and a debate on these by the Parliament.
- Stage 2 - detailed consideration of the bill by parliamentary committee(s). Two days before a bill will be considered in committee, the clerks prepare a Marshalled List of amendments, which is posted on the bill’s web page.
- Stage 3 - final consideration of the bill by the Parliament and a decision whether it should be passed or rejected.
After a bill has been passed and received royal assent, it becomes an Act of the Scottish Parliament and appears on the website of the Office of Public Sector Information. Not all the provisions of the Act will necessarily commence (come into force) with royal assent. The Act may state when provisions will come into force or that the date (or dates, if different parts are to be brought into force at different times) will be decided by the Scottish Ministers. Enquiries about commencement should be directed to the Scottish Government. Detailed information on the legislative process can be found in the Parliament’s Standing Orders.
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How long does a bill take to go through the Scottish Parliament?
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The length of time taken for a bill to go through the Parliament varies, as each bill is treated as an individual case. The Parliamentary Bureau proposes timescales for the completion of the different stages of each bill. These proposals are put forward in business motions and have to be agreed at a meeting of the Parliament. Once agreed, the details are noted on the Current Bills Tracker.
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I don’t agree with some parts of a bill. Can I get it changed?
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If a bill is still in progress through the Scottish Parliament, you can express your concerns about it and attempt to change its provisions. There are various points at which you can do this. When and how you do this depends on the type of bill. Information on how to contribute to the process of scrutinising and amending bills introduced by the Scottish Government (which are known as Executive bills) is available in Amendments to Executive Bills: Guidance on the website. The Scottish Government is responsible for most of the bills introduced to the Parliament. Other types of public bill, such as committee bills and members' bills, follow procedures similar to those for Executive bills. Information on how to object to a private bill is available in Information for Objectors to Private Bills. Details of the procedures for scrutinising private bills are available in the Guidance on Private Bills in the Parliamentary Procedure section of the website.
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What happens to the bills that are in progress when the Parliament is dissolved?
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All parliamentary business is suspended during dissolution, and any bills that have not been passed before the Parliament is dissolved will fall. Similarly, any proposals for bills that have not been introduced will also fall.
Bills that have been passed by the Parliament before dissolution can be submitted for royal assent and become Acts after dissolution.
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What is a member’s bill?
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Any MSP who is not a member of the Scottish Government can introduce a member’s bill. A draft proposal is printed in Section G of the Business Bulletin for one day. Thereafter, in most cases, a consultation document is issued seeking comments and views. At the end of the consultation period (or after it has been agreed that no consultation is needed), the MSP can lodge a final proposal, which is printed in Section G of the Business Bulletin for a month. If this proposal attracts cross-party support from 18 other MSPs during this time, and the Government do not indicate that they will bring forward their own legislation, the member can then introduce a bill to give effect to it at any time during the four-year session. The proposal process for members' bills is outlined in a flow chart. There is a list of all proposed members' bills on our website. Any inquiries about a proposed member’s bill before its introduction should be directed to the office of the relevant MSP.
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What is a private bill?
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A private bill is one introduced by a promoter. The promoter can be an individual, a company or a group of people who is seeking to obtain particular powers or benefits that are in addition to, or in conflict with, the general law. Private bills generally relate to development projects, the use of land, or the property or status of the promoter. More information about private bills is available in the Parliamentary Business section of our website.
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What is devolution?
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Devolution is the transfer of powers from a central body to subordinate regional bodies. The UK Parliament at Westminster has devolved different powers to three bodies: the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly. The Scotland Act 1998 provided for the establishment of a Scottish Parliament. Under the terms of the Act, the Scottish Parliament is able to pass laws affecting Scotland on a range of issues, which are known as devolved matters. The Act also gives the Scottish Parliament the power to raise or lower the basic rate of income tax by up to three pence in the pound.
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Where can I get a copy of an Act of the Scottish Parliament?
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- The full text of all Acts of the Scottish Parliament is published electronically on the website of the Office of Public Sector Information
. - Paper copies of Acts of the Scottish Parliament can be purchased through Blackwell's Bookshops.
- You can consult Acts of the Scottish Parliament electronically in the 80 partner libraries around the country. Some partner libraries may also hold printed copies of Acts.
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Who can introduce a bill to the Scottish Parliament?
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Bills can be introduced to the Parliament by different means: - Executive bills are introduced by a member of the Scottish Government.
- Committee bills are introduced by the convener of a committee and may follow a committee inquiry on the need for legislation in a particular area.
- Members' bills can be introduced by any MSP who is not a member of the Scottish Government.
- Private bills are introduced by a promoter, who is an individual or a body seeking to obtain particular powers or benefits that are in addition to, or in conflict with, the general law.
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