House of Commons – Oct. 22, 2015 – 87

I beg to move, That (1) The following new Standing Orders and changes to Standing Orders be made: “CERTIFICATION OF BILLS, CLAUSES AND SCHEDULES ETC: GENERAL 83J. Certification of bills etc. as relating exclusively to England or England and Wales and being within devolved legislative competence (1) The Speaker shall, before second reading- (a) consider every public bill presented by a Minister of the Crown or brought from the Lords and taken up by a Minister of the Crown, and (b) certify any such bill, or any clause or schedule of any such bill, which, in the Speaker’s opinion- (i) relates exclusively to England or to England and Wales, and (ii) is within devolved legislative competence. (2) A clause or schedule relates exclusively to England or to England and Wales if (disregarding any minor or consequential effects outside the area in question) it applies only to England or (as the case may be) to England and Wales. (3) A clause or schedule which relates exclusively to England is within devolved legislative competence if- (a) it would be within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament, (b) it would be within the legislative competence of the National Assembly for Wales to make any corresponding provision for Wales in an Act of that Assembly, or (c) it would be within the legislative competence of the Northern Ireland Assembly to make any corresponding provision for Northern Ireland in an Act of that Assembly and the corresponding provision would deal with a transferred matter. (4) A clause or schedule which relates exclusively to England and Wales is within devolved legislative competence if- (a) it would be within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament, or (b) it would be within the legislative competence of the Northern Ireland Assembly to make any corresponding provision for Northern Ireland in an Act of that Assembly and the corresponding provision would deal with a transferred matter. (5) A bill- (a) relates exclusively to England and is within devolved legislative competence if every clause and every schedule of it relates exclusively to England and is within devolved legislative competence;

(b) relates exclusively to England and Wales and is within devolved legislative competence if every clause and every schedule of it relates exclusively to England and Wales and is within devolved legislative competence. (6) In deciding whether a bill relates exclusively to England or to England and Wales, the Speaker shall treat any clause or schedule whose only effects are minor or consequential effects outside the area in question as relating exclusively to that area. (7) In deciding whether a clause or schedule is within devolved legislative competence, the Speaker may take account of any amendments to the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly which- (a) are not in force at the time of certification, but (b) are to come into force on a day already fixed by law, if the Speaker considers that the clause or schedule is itself only likely to come into force on or after that day;

and, for this purpose, an amendment which is in force but applies only in relation to a future period of time (or a clause or schedule which is likely to come into force but so apply) is to be treated as not being in force (or as not likely to come into force) until the start of that period (being a day already fixed by law). (8) In deciding whether to certify a bill, clause or schedule under this order, the Speaker- (a) may consult two members of the Panel of Chairs who are appointed for this purpose by the Committee of Selection on a session by session basis, and (b) shall disregard any provision inserted by the House of Lords which, in the Speaker’s opinion, has the sole objective of ensuring that Standing Order No. 80(a) (Privilege (bills brought from the Lords)) will apply to the bill. (9) The Speaker shall announce any decision under this order to the House. (10) This order shall not apply to the following bills- (a) a bill which is certified under Standing Order No. 97(1) (Scottish Grand Committee (bills in relation to their principle)), (b) a bill referred to the Welsh Grand Committee under Standing Order No. 106(1) (Welsh Grand Committee (bills)), (c) a bill referred to the Northern Ireland Grand Committee under Standing Order No. 113(1) (Northern Ireland Grand Committee (bills in relation to their principle)), (d) a bill which falls to be considered by the select committee appointed under Standing Order No. 140 (Joint Committee on Consolidation, &c., Bills), (e) a bill whose main purpose is to give effect to proposals contained in a report by a Law Commission, (f) a tax law rewrite bill, (g) a bill introduced under the Statutory Orders (Special Procedure) Act 1945 or for confirming a provisional order. (11) This order- (a) shall not affect the right of every Member to vote on- (i) the consideration of estimates, and (ii) ways and means motions and motions for money resolutions (other than motions to which Standing Order No. 83U applies), and (b) shall not apply to a Consolidated Fund or Appropriation Bill. 83K. Committal and recommittal of certified England only bills (1) A bill certified by the Speaker under Standing Order No. 83J as relating exclusively to England and being within devolved legislative competence may only be committed to- (a) a public bill committee (to which Standing Order No. 86(2)(iv) (Nomination of general committees) applies), or (b) the Legislative Grand Committee (England). (2) A bill whose current certification by the Speaker (whether under Standing Order No. 83J or 83L) is that it relates exclusively to England and is within devolved legislative competence may only be recommitted to- (a) a public bill committee (to which Standing Order No. 86(2)(iv) (Nomination of general committees) applies), or (b) the Legislative Grand Committee (England). 83L. Reconsideration of certification before third reading (1) Paragraph (2) applies in relation to every bill which- (a) was eligible for certification under Standing Order No. 83J (whether or not the bill, or any clause or schedule of it, was so certified), (b) has been amended since its second reading, and (c) has completed the stages before its third reading. (2) The Speaker shall, before a motion may be made for the third reading of the bill- (a) reconsider the bill, and (b) certify the bill, or any clause or schedule of it, if the bill or clause or schedule, in the Speaker’s opinion- (i) relates exclusively to England or to England and Wales, and (ii) is within devolved legislative competence. (3) Paragraph (4) applies in relation to every bill which- (a) was certified (whether in whole or in part) by the Speaker under Standing Order No. 83J, (b) has been amended since its second reading, and (c) has completed the stages before its third reading. (4) The Speaker shall, before a motion may be made for the third reading of the bill, certify any amendment made to the bill since second reading which, in the opinion of the Speaker- (a) related to the bill so far as certified under Standing Order No. 83J, (b) was not made by the Legislative Grand Committee (England) or a public bill committee to which Standing Order No. 86(2)(iv) (Nomination of general committees) applies, and (c) either- (i) resulted in there being no certification under paragraph (2) when there would otherwise have been such a certification, or (ii) changed the area to which a certification under paragraph (2) would otherwise have related. (5) Any amendment certified under paragraph (4) shall be certified as relating exclusively to the area to which the certification under paragraph (2) would have related had that amendment not been made (and there shall be no certification as to devolved legislative competence). (6) The Speaker shall announce any decision under paragraph (2) or (4) to the House. (7) The Speaker shall, wherever possible, announce the Speaker’s decisions under paragraph (2) or (4) immediately after the conclusion of proceedings on the previous stage of the bill. (8) Paragraphs (2) to (8) of Standing Order No. 83J apply for the purposes of certification of bills, clauses, schedules and amendments under this order as they apply for the purposes of certification of bills, clauses and schedules under that order. 83M. Consent Motions for certified England only or England and Wales only provisions (1) Paragraphs (2) and (3) apply where- (a) a bill, or clauses or schedules of a bill, have been certified under Standing Order No. 83J as relating exclusively to England or to England and Wales and being within devolved legislative competence, and the bill has completed the stages before its third reading without having been amended, (b) a bill or clauses or schedules of a bill have been certified under Standing Order No. 83L(2) as relating exclusively to England or to England and Wales and being within devolved legislative competence, or (c) amendments have been certified under Standing Order No. 83L(4) as relating exclusively to England or to England and Wales. (2) A Consent Motion which gives consent to the bill, clauses or schedules or amendments must be passed by the legislative grand committee for the area to which the certification relates before a motion may be made for the third reading of the bill. (3) If a Minister of the Crown indicates his or her intention to move a Consent Motion, the House shall forthwith resolve itself into the legislative grand committee which is to consider the motion. (4) If a Minister of the Crown indicates his or her intention to move both a Consent Motion which is to be passed by the Legislative Grand Committee (England and Wales) and a Consent Motion which is to be passed by the Legislative Grand Committee (England)- (a) the House shall forthwith resolve itself into the Legislative Grand Committee (England and Wales) to consider the motion for that committee, (b) on moving that motion, the Minister shall also inform the committee of the terms of the motion to be moved in the Legislative Grand Committee (England), (c) any debate in the Legislative Grand Committee (England and Wales) may also relate to the motion for the Legislative Grand Committee (England), and (d) on conclusion of proceedings in the Legislative Grand Committee (England and Wales)- (i) the House shall forthwith resolve itself into the Legislative Grand Committee (England), (ii) a Minister of the Crown shall forthwith move the motion for that committee, and (iii) proceedings in the Legislative Grand Committee (England) shall be brought to a conclusion forthwith. (5) Standing Orders Nos. 83E (Programme orders: conclusion of proceedings on consideration and up to and including third reading) and 83I (Programme orders: supplementary provisions) shall apply for the purpose of bringing proceedings to a conclusion in accordance with paragraph (4)(d)(iii) above (whether or not those proceedings are subject to a programme order) as they apply for the purpose of bringing proceedings to a conclusion in accordance with a programme order. (6) On the conclusion of proceedings on a Consent Motion (or, in a case falling within paragraph (4), the conclusion of proceedings on the second Consent Motion), the chair shall report the decision of the committee (or, as the case may be, the decisions of the committees) to the House. (7) Subject to paragraph (8), a Consent Motion shall be in the form either “That the Committee consents to the XXX Bill” or “That the Committee consents to [the following certified clauses [and schedules] of the XXX Bill] [and certified amendments made by the House to the XXX Bill]…”;

and in the latter case the motion shall identify the clauses or schedules or amendments in question. (8) If a Minister of the Crown wishes to propose that a committee should not consent to certain clauses or schedules or amendments, the Consent Motion shall be in the form “That the Committee consents to [the following certified clauses [and schedules] of the XXX Bill] [and certified amendments made by the House to the XXX Bill]… and does not consent to [the following certified clauses [and schedules] of the XXX Bill] [and certified amendments made by the House to the XXX Bill]…”;

and in any such case the motion shall identify the clauses or schedules or amendments in question. (9) A Consent Motion may only be moved by a Minister of the Crown and may be moved without notice. (10) Proceedings under this order may be proceeded with, though opposed, after the moment of interruption. 83N. Reconsideration of bills so far as there is absence of consent (1) Where a legislative grand committee decides on a Consent Motion under Standing Order No. 83M to withhold consent to a bill or any clause or schedule of a bill or any amendment- (a) the bill shall be set down for reconsideration unless a Minister of the Crown moves a motion for the bill to be reconsidered (and any such motion may be made without notice, the question on any such motion shall be put forthwith and, if the motion is passed, the House shall proceed forthwith to reconsideration), and (b) any order for the third reading of the bill shall be discharged. (2) Reconsideration of the bill shall be for the sole purpose of considering amendments to the bill to resolve matters in dispute as a result of the withholding of consent. (3) Paragraphs (2) and (4) to (8) of Standing Order No. 83L, and Standing Order No. 83M, shall apply following reconsideration of a bill in relation to the bill so far as reconsidered as they apply in relation to a bill;

but as if- (a) in Standing Order No. 83L(4)- (i) the reference to any amendment since second reading were a reference to any amendment made on reconsideration, and (ii) sub-paragraphs (a) and (b) were omitted, and (b) in the case of any matter, there were a deemed certification in relation to the area or areas to which any relevant previous certification under Standing Order No. 83L(2) or (4) related if there would not otherwise be a certification in relation to that area or areas. (4) If, following reconsideration of a bill and the steps taken by virtue of paragraph (3), a legislative grand committee withholds consent to the whole bill (whether or not amended on reconsideration), the bill may not be given a third reading and shall not pass. (5) Paragraph (6) applies if, following reconsideration of a bill and the steps taken by virtue of paragraph (3), a legislative grand committee withholds consent to- (a) any clause or schedule of the bill (whether or not amended on reconsideration), or (b) any amendment to the bill, but does not withhold consent to the whole bill. (6) The bill shall be amended so as to remove any provisions of the bill which are not agreed by the House and any relevant legislative grand committee;

and it is the bill as so amended which proceeds to its next stage. (7) A Minister of the Crown may move a motion for the bill as so amended to be considered again (“consequential consideration”);

and such a motion may be made without notice and the question on any such motion shall be put forthwith. (8) If the motion is passed, the House shall proceed forthwith to consequential consideration of the bill as so amended;

and any order for the third reading of the bill shall be discharged. (9) Consequential consideration of the bill as so amended shall be for the sole purpose of considering minor or technical amendments in consequence of the removal of provisions under paragraph (6). (10) Proceedings on reconsideration or consequential consideration, or a motion for reconsideration or consequential consideration, may be proceeded with, though opposed, after the moment of interruption. (11) References in the standing orders of this House to consideration of a bill on report shall, so far as relevant and subject to paragraph (12), include reconsideration or consequential consideration of a bill under this order. (12) In its application by virtue of paragraph (11), Standing Order No. 72 (Consideration of bill as amended in committee of the whole House) has effect as if the words “, as amended in a committee of the whole House,” were omitted. 83O. Consideration of certified motions or amendments relating to Lords Amendments or other messages (1) The Speaker shall consider any motion relating to a Lords amendment to a bill or to any other message from the Lords in respect of a bill. (2) The Speaker shall certify the motion if, in the Speaker’s opinion, it- (a) relates exclusively to England and is within devolved legislative competence, or (b) relates exclusively to England and Wales and is within devolved legislative competence. (3) For the purposes of paragraph (2) a motion relates exclusively to England or to England and Wales and is within devolved legislative competence if it or any provision of it- (a) relates to a Lords amendment, or an item in another message, which would, if agreed, result in- (i) a clause or schedule as amended which relates exclusively to England or to England and Wales and is within devolved legislative competence, (ii) a new or unamended clause or schedule which so relates and is within devolved legislative competence, or (iii) the omission of a clause or schedule which so relates and is within devolved legislative competence, or (b) contains proposals which would, if agreed, so result. (4) The Speaker shall also certify the motion if, in the Speaker’s opinion, it or any provision of it- (a) relates to a Lords amendment, or an item in another message, which would, if agreed, result in a clause or schedule, which relates exclusively to England or to England and Wales and is within devolved legislative competence, ceasing to so relate or to be within devolved legislative competence, or (b) contains proposals which, if agreed, would so result. (5) Any motion certified under paragraph (4) shall be certified as relating exclusively to the area to which the clause or schedule relates (and there shall be no certification as to devolved legislative competence). (6) The same motion may be certified in relation to different areas under paragraphs (2) and (4) or either of them. (7) If a division is held on a motion certified under this order, the motion shall be agreed to only if, of those voting in the division- (a) in the case of a motion certified in relation to England, a majority of Members and a majority of Members representing constituencies in England, (b) in the case of a motion certified in relation to England and Wales, a majority of Members and a majority of Members representing constituencies in England and Wales, and (c) in the case of a motion certified both in relation to England and in relation to England and Wales, a majority of Members, a majority of Members representing constituencies in England and a majority of Members representing constituencies in England and Wales, vote in support of the motion. (8) The Speaker shall, in selecting motions relating to Lords amendments or other messages, have regard to the extent to which such motions are drafted so that they can be certified under this order by virtue of every provision of them meeting the test in paragraph (3)(a) or (b) or (4)(a) or (b). (9) If a motion relating to a Lords amendment or other message is disagreed to under this order because one of the groups voting in the division has not voted in support of it while another has, the decision of the House shall be- (a) in the case of a motion to disagree (or agree) to a Lords amendment or an item in another message, to disagree with it, and (b) in any other case, such decision as would have the effect of leaving the bill so far as it relates to that matter in the same position as it was before the Lords amendment or other message was received from the Lords. (10) The Speaker shall announce any decision under paragraph (2) or (4) to the House. (11) This order does not apply in relation to- (a) any motion relating to a bill which was not eligible for certification under Standing Order No. 83J, and (b) any of the following motions- (i) any ways and means motion or motion for a money resolution, (ii) any programme motion, (iii) any order of consideration motion, (iv) any motion of, or relating to, the Reasons Committee, and (v) any other motion of a similar kind to a motion falling within any of paragraphs (i) to (iv). (12) In this order- (a) references to motions are to be read as including, so far as relevant, references to amendments to Lords amendments and references to amendments to the bill, and (b) the reference in paragraph (3)(a)(i) to clauses or schedules as amended includes, in particular, a reference to clauses or schedules which would be amended by virtue of their territorial application being modified otherwise than in the clauses or schedules themselves. (13) Paragraphs (2) to (4), (7) and (8)(a) of Standing Order No. 83J apply for the purposes of deciding under this order whether clauses or schedules relate exclusively to England or to England and Wales and are within devolved legislative competence as they apply for the purposes of the certification of clauses or schedules under that order;

and, in the case of a bill which relates exclusively to England or to England and Wales, paragraph (6) of that order also applies for the purpose of deciding under this order whether clauses or schedules so relate. CERTIFICATION OF INSTRUMENTS AND MOTIONS: GENERAL 83P. Certification of instruments (1) The Speaker shall- (a) consider every instrument to which this order applies, and (b) certify any such instrument which, in the Speaker’s opinion- (i) relates exclusively to England or to England and Wales, and (ii) is within devolved legislative competence. (2) An instrument- (a) relates exclusively to England and is within devolved legislative competence if every provision of it relates exclusively to England and is within devolved legislative competence;

(b) relates exclusively to England and Wales and is within devolved legislative competence if every provision of it relates exclusively to England and Wales and is within devolved legislative competence. (3) Paragraphs (2) to (4), (6) and (7) of Standing Order No. 83J apply for the purposes of this order;

and as so applied those paragraphs have effect as if- (a) references to a bill were to an instrument, and (b) references to a clause or schedule were to a provision of an instrument. (4) In deciding whether to certify an instrument under this order the Speaker may consult two members of the Panel of Chairs who are appointed for this purpose by the Committee of Selection on a session by session basis. (5) The Speaker shall announce any decision under this order to the House. (6) This order applies to any instrument (whether or not in draft) upon which proceedings may be taken in pursuance of an Act of Parliament where the instrument- (a) meets any of conditions A to C, and (b) is not a report within paragraph (1)(a) to (c) of Standing Order No. 83R. (7) Condition A is that the instrument- (a) stands referred to a Delegated Legislation Committee pursuant to paragraph (3) of Standing Order No. 118 (Delegated Legislation Committees), or (b) does not stand so referred because sub-paragraph (a) of that paragraph applies to it. (8) Condition B is that a member has given notice of a motion of the kind mentioned in paragraph (4)(a) of Standing Order No. 118 in relation to the instrument and the instrument- (a) stands referred to a Delegated Legislation Committee, or (b) has been set down for consideration in the Chamber on a particular day. (9) Condition C is that the Regulatory Reform Committee has made a recommendation of the kind mentioned in paragraph (1) or (2) of Standing Order No. 18 (Consideration of draft legislative reform orders etc.) in relation to the instrument. 83Q. Deciding the question on motions relating to certified instruments (1) This order applies to the following motions- (a) a motion to approve a certified instrument;

(b) a motion of the kind mentioned in paragraph (4)(a) of Standing Order No. 118 in relation to a certified instrument;

(c) a motion to disagree with a report of the Regulatory Reform Committee that contains a recommendation of the kind mentioned in paragraph (2) of Standing Order No. 18 in relation to a certified instrument;

(d) an amendment to a motion within sub-paragraph (a) or (b). (2) If a division is held on a motion to which this order applies, the motion shall be agreed to only if, of those voting in the division- (a) a majority of Members, and (b) a majority of Members representing qualifying constituencies, vote in support of the motion. (3) In this order- (a) “a certified instrument” means an instrument which has been certified under Standing Order No. 83P as relating exclusively to England or to England and Wales;

(b) “qualifying constituencies” means constituencies in the part of the United Kingdom to which the instrument has been certified as relating exclusively. 83R. Deciding the question on certain other motions (1) This order applies to the following motions- (a) a motion to approve- (i) a report which has been laid before the House under paragraph 5 of Schedule 7B to the Local Government Finance Act 1988 (local government finance report) and which contains a determination under section 78 of that Act (revenue support grant), or (ii) a report which has been laid before the House under section 84A of that Act (revenue support grant: amending report);

(b) a motion to approve a report which has been laid before the House under section 52ZD of the Local Government Finance Act 1992 (referendums relating to council tax increases: principles);

(c) a motion to approve a report which has been laid before the House under section 46 of the Police Act 1996 (police grant);

(d) a motion for a resolution under section 26(2)(b)(ii) of the Higher Education Act 2004 (student fees);

(e) an amendment to a motion within sub-paragraph (d). (2) If a division is held on a motion to which this order applies, the motion shall be agreed to only if, of those voting in the division- (a) a majority of Members, and (b) a majority of Members representing qualifying constituencies, vote in support of the motion. (3) In this order “qualifying constituencies” means- (a) in the case of a motion within paragraph (1)(a), (b), (d) or (e), constituencies in England;

(b) in the case of a motion within paragraph (1)(c), constituencies in England or Wales. CERTIFICATION OF FINANCE BILLS, INSTRUMENTS AND MOTIONS 83S. Modification of Standing Orders Nos. 83J to 83N in their application to Finance Bills (1) In their application in relation to a bill within paragraph (2), Standing Orders Nos. 83J to 83N shall have effect with the modifications in paragraphs (3) to (5). (2) A bill is within this paragraph if- (a) it is a Finance Bill, or (b) it is a bill which, before second reading, only contained provision which would be within the ordinary scope of a Finance Bill (or would be if the provision was to take effect in the current financial year). (3) In Standing Order No. 83J- (a) in paragraph (1)(b)(i) after “Wales” insert “or to England, Wales and Northern Ireland”;

(b) in paragraph (2) after “Wales” (in both places) insert “or to England, Wales and Northern Ireland”;

(c) after paragraph (4) insert-