Chapter 9C: Hybrid Bills Procedures

Rule 9C.1 Hybrid Bills

1. A Hybrid Bill is a Public Bill introduced by a member of the Scottish Government which adversely affects a particular private interest of an individual or body in a manner different to the private interests of other individuals or bodies of the same category or class.

2. A Hybrid Bill to which this paragraph applies is a Hybrid Bill which seeks to authorise the construction or alteration of such classes of works as may be determined by the Presiding Officer or a Hybrid Bill which seeks to authorise the compulsory acquisition or use of any land or buildings.

3. The Clerk shall arrange for all determinations made by the Presiding Officer or the Parliamentary corporation under this Chapter to be published and notified to the Parliament.

4. A Hybrid Bill may be introduced on a sitting day.

5. A Hybrid Bill shall be introduced by being lodged with the Clerk.

6. A Hybrid Bill may not be introduced unless it is in proper form. The Presiding Officer shall determine the proper form of Hybrid Bills.

7. A Hybrid Bill to which paragraph 2 applies may not be introduced unless the Scottish Ministers have carried out the consultation referred to in paragraph 8.

8. The Presiding Officer shall determine which bodies are to be consulted (“the mandatory consultees”) and the nature of the consultation to be carried out with them by the Scottish Ministers under paragraph 7.

9. A Hybrid Bill must, before introduction, be signed by the member in charge and may also be signed by any other member or members who support the Bill.

10. The Clerk shall ensure that notice of the introduction of a Hybrid Bill in the Parliament is published in the Business Bulletin. Such notice shall set out the short and long titles of the Hybrid Bill, the name of the member who has introduced it, the name of any member supporting the Bill and shall indicate that it is a Hybrid Bill.

11. A Hybrid Bill must not be introduced in the Parliament if it contains any provision which would have the effect of authorising sums to be paid out of the Scottish Consolidated Fund (as opposed to a provision which charges expenditure on that Fund).

Rule 9C.2 Member in charge

1. The “member in charge” of a Hybrid Bill is—

(a) the member of the Scottish Government who introduces the Bill, or who is subsequently appointed by the First Minister to take general responsibility for the subject matter of the Bill; or

(b) a junior Scottish Minister designated by that member.

2. Any designation under paragraph 1(b) shall be made in writing to the Clerk and does not prevent the member referred to in paragraph 1(a) from exercising any of the rights that are conferred by these Rules on the member in charge of the Bill.

3. A designation under paragraph 1(b) shall no longer have effect if the member so designated ceases to be a junior Scottish Minister.

Rule 9C.3 Accompanying documents

1. The documents which must accompany a Hybrid Bill under this Rule are referred to as its “accompanying documents”. The Presiding Officer may determine the proper form of any accompanying document.

2. A Hybrid Bill shall on introduction be accompanied by—

(a) a written statement signed by the Presiding Officer which shall—

(i) indicate whether or not, in the Presiding Officer’s view, the provisions of the Bill would be within the legislative competence of the Parliament; and

(ii) if, in the Presiding Officer’s view, any of the provisions would not be within legislative competence, indicate which those provisions are and the reasons for that view;

(b) a report signed by the Auditor General for Scotland (referred to as “an Auditor General’s Report”) setting out the Auditor General for Scotland’s views on whether such a charge is appropriate, where a Bill contains a provision charging expenditure on the Scottish Consolidated Fund;

(c) Explanatory Notes which summarise objectively what each of the provisions of the Bill does (to the extent that it requires explanation or comment) and give other information necessary or expedient to explain the effect of the Bill;

(d) a written statement signed by the member introducing the Bill which states that, in that member’s view, the provisions of the Bill would be within the legislative competence of the Parliament;

(e) a Policy Memorandum which sets out—

(i) the policy objectives of the Bill;

(ii) whether alternative ways of meeting those objectives were considered and, if so, why the approach taken in the Bill was adopted;

(iii) the consultation which was undertaken on those objectives and the ways of meeting them and on the detail of the Bill and a summary of the outcome of that consultation (including, in the case of a Hybrid Bill to which Rule 9C.1.2 applies, the consultation carried out in accordance with Rule 9C.1.7); and

(iv) an assessment of the effects, if any, of the Bill on equal opportunities, human rights, island communities, local government, sustainable development and any other matter which the Scottish Ministers consider relevant;

(f) in the case of a Bill, other than a Bill, to which Rule 9C.1.2 applies, a Financial Memorandum which shall set out the best estimates of the administrative, compliance and other costs to which the provisions of the Bill would give rise, best estimates of the timescales over which such costs would be expected to arise, and an indication of the margins of uncertainty in such estimates. The Financial Memorandum must distinguish separately such costs as would fall upon—

(i) the Scottish Administration;

(ii) local authorities; and

(iii) other bodies, individuals and businesses;

(g) in the case of a Bill to which Rule 9C.1.2 applies—

(i) a Financial Memorandum which shall set out: the estimated total cost for the project under the Bill, including a detailed cost breakdown for each element of the project; administrative, compliance and other costs to which the provisions of the Bill would give rise; a detailed breakdown of all anticipated and committed sources of funding for both capital and revenue costs; best estimates of the timescales over which such costs would be expected to arise; and an indication of the margins of uncertainty in such estimates. The Financial Memorandum must distinguish separately such costs as would fall upon—

(A) the Scottish Administration;

(B) local authorities; and

(C) other bodies, individuals and businesses;

(ii) such maps, plans, sections and books of references as the Presiding Officer shall determine; and

(iii) an Environmental Statement setting out such information on the environmental implications of the Bill as the Presiding Officer shall determine;

(h) a Scottish Ministers' Statement which sets out—

(i) in the case of a Bill which contains provisions which will affect heritable property, details of the notification of the proposed Hybrid Bill given by the Scottish Ministers to such persons or classes of person having an interest in heritable property affected by the Bill as the Presiding Officer shall determine;

(ii) details of the advertisement of the Scottish Ministers’ intention to
introduce the Hybrid Bill in accordance with the determination of the
Presiding Officer;

(iii) a statement listing the premises determined by the Presiding Officer under Rule 9C.4.2, and any other premises where the Bill and accompanying documents may be inspected, together with an undertaking to send a copy of the Bill and accompanying documents to any such other premises; and

(iv) an undertaking to pay any costs, as the Parliamentary corporation shall determine, that may be incurred by the Parliamentary corporation during the passage of the Bill in connection with the appointment and use of an assessor, following a direction under Rule 9C.10.3.

(i) [deleted].

Rule 9C.4 Printing and publishing of Hybrid Bills and accompanying documents

1. As soon as a Hybrid Bill has been introduced, the Clerk shall arrange for the Bill, together with its accompanying documents other than those referred to in Rule 9C.3.2(g)(ii) and (g)(iii), to be printed and published.

2. The Clerk shall send a copy of the Bill and the accompanying documents to such premises as the Presiding Officer may determine and, in the case of a Bill to which Rule 9C.1.2 applies, to the mandatory consultees referred to in Rule 9C.1.8.

Rule 9C.5 Memorandum on delegated powers

1. Immediately after introducing a Hybrid Bill which contains any provision conferring power to make subordinate legislation, the member in charge shall lodge with the Clerk a memorandum setting out, in relation to each such provision of the Bill—

(a) the person upon whom, or the body upon which, the power is conferred and the form in which the power is to be exercised;

(b) why it is considered appropriate to delegate the power; and

(c) the Parliamentary procedure (if any) to which the exercise of the power is to be subject, and why it was considered appropriate to make it subject to that procedure (or not to make it subject to any such procedure).

2. The Clerk shall arrange for the memorandum to be published.

Rule 9C.6 Hybrid Bill Committees

1. After a Hybrid Bill has been introduced, the Parliament shall, on a motion of the Parliamentary Bureau under Rule 6.1.3, establish a committee to consider it (a “Hybrid Bill Committee”). Where the subject matter of the Bill falls within the remit of a committee or committees other than the Hybrid Bill Committee, the Parliament shall, on a motion of the Parliamentary Bureau, designate the Hybrid Bill Committee as the lead committee. The other committee or committees (the “secondary committee or committees”) may also consider the general principles of the Bill and report its or their views to the lead committee.

2. A Hybrid Bill Committee shall have at least 3 but not more than 5 members.

3. A member may not be appointed as a member of a Hybrid Bill Committee if—

(a) that member’s principal place of residence is within an area in which works are proposed to be authorised by or under the Hybrid Bill;

(b) any land or buildings owned by the member, or in which the member has any other right or interest, is proposed to be subject to compulsory acquisition or use by or under the Hybrid Bill;

(c) the area in which works are proposed to be authorised by or under the Hybrid Bill falls in whole or in part within the constituency or region which that member represents;

(d) that member represents a constituency or region which, in the opinion of the Parliamentary Bureau, is particularly affected by the works proposed to be authorised by or under the Hybrid Bill;

(e) that member has a financial interest that, in the opinion of the Parliamentary Bureau, directly relates to the subject-matter of the Hybrid Bill; or

(f) that member has any interest registered in the Register of Interests of Members of the Scottish Parliament (“the Register”) which, in the opinion of the Parliamentary Bureau, would, or would be likely to, prejudice the ability of the member to participate in proceedings of the Committee in an impartial manner.

4. For the purposes of paragraph 3(e), any member whose name is proposed to the Parliamentary Bureau as a prospective member of a Hybrid Bill Committee shall bring to the attention of the Parliamentary Bureau any financial interest held by the member in relation to the subject-matter of the Bill which is not registered in the Register.

5. Each member of a Hybrid Bill Committee shall, at the first meeting that member attends, declare to act impartially, in that member’s capacity as a member of the Committee, and to base decisions solely on the evidence and information provided to the Committee.

6. A Hybrid Bill Committee shall not normally meet or continue to meet at a time when a meeting of the Parliament is in progress (within the meaning of Rule 12.3.3A), but may do so if—

(a) it is necessary for it to do so at that time;

(b) where reasonably practicable, the prior approval of the Parliamentary Bureau has been obtained; and

(c) the business being considered at the meeting of the Parliament is business other than Stage 3, Final Stage, or Reconsideration Stage of a Bill.

7. A Hybrid Bill Committee may not meet or continue to meet when Stage 2 of a Public Bill is being taken at a Committee of the Whole Parliament.

8. Members of a Hybrid Bill Committee shall normally attend all meetings of the Committee and may be absent from a meeting in exceptional circumstances only.

9. Other than when considering, at Stage 2, any report prepared by an assessor appointed in accordance with Rule 9C.11.3, a member of a Hybrid Bill Committee may not participate in any consideration of the merits of an objection or in any further proceedings relevant to that objection unless—

(a) all evidence directly relevant to that objection given orally during proceedings of the Committee at Stage 2 has been given in the presence of the member; or

(b) with the agreement of—

(i) the persons who gave any such evidence in the absence of the member; and

(ii) the member in charge,

the member has viewed a recording or read the Official Report of the proceedings of the Committee at which that evidence was given.

10. Where the number of members of the Hybrid Bill Committee falls below 2, the Parliament shall, on a motion of the Parliamentary Bureau under Rule 6.1.3, establish another Hybrid Bill Committee.

11. Where a Hybrid Bill Committee is established under paragraph 10 and at the date of establishment the Stage that the Bill was at had not been completed, the proceedings on the Bill shall recommence at the beginning of that Stage except in the circumstances set out in paragraph 12.

12. The proceedings may commence at a later point in the Stage if—

(a) to the extent that the earlier proceedings at that Stage involved the consideration by the Hybrid Bill Committee of evidence given orally, each person who had given such evidence either—

(i) gives that evidence orally to the Committee established under paragraph 10 (“the new Committee”); or

(ii) agrees that the members of the new Committee may instead view a recording or read the Official Report of the proceedings of the Committee at which that evidence was given; and

(b) to any other extent, the persons referred to in Rule 9C.11.5 agree.

13. Where an assessor is appointed (under Rule 9C.11.3) and the number of members of the Hybrid Bill Committee falls below 2 before the assessor has reported, the assessor’s report shall be considered by the Committee established under paragraph 10.

Rule 9C.7 Objections

1. An individual person who, or a body corporate or unincorporated association of persons which, considers that the private interests of that individual, body corporate or unincorporated association of persons would be adversely affected by a Hybrid Bill introduced in the Parliament (an “objector”) may lodge an objection to the Bill during the objection period.

2. In these Rules, “the objection period” is the period commencing at the beginning of the day after the date of introduction of the Hybrid Bill and ending at 17:00 on the sixtieth day after the date of introduction or, where the sixtieth day falls on a day when the office of the Clerk is closed, at 17:00 on the first day after that sixtieth day on which the office of the Clerk is open. In calculating the objection period no account shall be taken of any time when the office of the Clerk is closed for more than 4 days or, if the Parliament is dissolved during the objection period, of any period beginning on the day of dissolution and ending on the date of introduction of a Bill under Rule 9C.9.9.

3. An objection may be lodged by its—

(a) being lodged with the Clerk in writing by the objector; or

(b) being sent by e-mail from the objector’s e-mail address and, not later than 7 days after being sent by e-mail, the objector lodging a copy in writing with the Clerk.

4. The Presiding Officer shall determine the proper form of objections.

5. An objection is admissible only if it—

(a) is in proper form;

(b) sets out the nature of the objection;

(c) explains whether the objection lies against the whole Hybrid Bill or specified provisions;

(d) specifies how the objector’s interests would be adversely affected by the Hybrid Bill; and

(e) is accompanied by any fee for lodging objections that may be determined by the Parliamentary corporation.

6. The Clerk shall notify the objector whether an objection which has been lodged is admissible.

7. After the objection period has expired, the Clerk shall publish in the Business Bulletin a list of the names of all objectors who have lodged admissible objections during that period.

8. Where an objector lodges an objection after the expiry of the objection period but before the first meeting of the Hybrid Bill Committee at Stage 2 and the objection is accompanied by a statement by the objector explaining the delay in lodging the objection, the Committee shall consider the statement and decide whether it is satisfied that—

(a) the objector had good reason for not lodging the objection within the objection period;

(b) the objector has lodged the objection as soon as reasonably practicable after the expiry of that period; and

(c) consideration of such an objection would not be unreasonable having regard to the rights and interests of objectors and the Scottish Government.

9. If the Committee is so satisfied—

(a) the Clerk shall publish in the Business Bulletin the name of the objector; and

(b) the Committee shall give preliminary consideration to the objection.

10. An objection may be withdrawn by the objector.

Rule 9C.8 Statements by mandatory consultees

1. Any of the mandatory consultees referred to in Rule 9C.1.8 may, during the objection period, lodge a statement in relation to the consultation undertaken by the Scottish Ministers. Such a statement shall not be treated as an objection under Rule 9C.7.

Rule 9C.9 Stages of Hybrid Bills

1. The procedure for a Hybrid Bill introduced in the Parliament shall be—

(a) Stage 1—

(i) consideration of the general principles of the Bill and a decision whether to agree to those general principles;

(ii) consideration of whether the Bill should proceed as a Hybrid Bill and a decision whether the Bill should proceed as a Hybrid Bill; and

(iii) preliminary consideration of objections;

(b) Stage 2: consideration of the details of the Bill; and

(c) Stage 3: final consideration of the Bill and a decision whether to pass or reject it.

2.  A Hybrid Bill which has been passed by the Parliament may additionally be subject to reconsideration at a further stage in the circumstances described in Rule 9C.13 (Reconsideration of Hybrid Bills passed). 

2A.  A Hybrid Bill which has been rejected by the Parliament may be subject to reconsideration at a further stage in the circumstances described in Rule 9C.13A (Reconsideration of Hybrid Bills rejected).

3. The business programme shall set out the time or times at which each Stage or any part of any Stage of a Hybrid Bill is to be taken at a meeting of the Parliament. In the case of a Stage to be taken in whole or in part by the Hybrid Bill Committee, notice that the Stage or part of the Stage is to be taken shall be given in the agenda for the relevant committee meeting. In considering its proposals on the business programme the Parliamentary Bureau shall consult the Hybrid Bill Committee as to the time or times which it considers appropriate for the Bill.

4. The minimum period that must elapse between the day on which Stage 1 is completed and the day on which Stage 2 starts is 12 sitting days.

5. The minimum period that must elapse between the day on which Stage 2 is completed and the day on which Stage 3 starts is 15 sitting days.

6. Where part of a Hybrid Bill is referred back to a Hybrid Bill Committee under Rule 9C.12.11 (for further Stage 2 consideration) a minimum period of 9 sitting days must elapse between—

(a) the day on which the Stage 3 proceedings are adjourned and the day on which further Stage 2 proceedings on amendments start;

(b) the day on which further Stage 2 proceedings are completed and the day on which Stage 3 proceedings resume (but only if the Bill is amended at those further Stage 2 proceedings).

7.  Subject to Rule 9C.13A, if a Hybrid Bill falls or is rejected by the Parliament, no further proceedings shall be taken on the Bill and a Hybrid Bill in the same or similar terms may not be introduced in the same session of the Parliament within the period of 6 months from the date on which the Hybrid Bill fell or was rejected.

8.  A Hybrid Bill introduced in any session of the Parliament falls if a decision whether or not to pass it has not been taken by the Parliament before the end of that session (“the first session”).

9. Where a Hybrid Bill falls under paragraph 8, a Hybrid Bill in the same terms may be introduced in the next session of the Parliament (“the second session”) by a member of the Scottish Government. If, when the Hybrid Bill fell, the Clerk had printed and published the Hybrid Bill at the end of Stage 2, the Hybrid Bill which is introduced under this paragraph shall be in those terms.

10. A Hybrid Bill introduced under paragraph 9 does not require to be accompanied on introduction by the accompanying documents referred to in Rule 9C.3.2 (b), (c) and (e) to (h). The accompanying documents referred to in Rule 9C.3.2 (b), (c) and (e) to (h) and any supplementary accompanying documents which accompanied the Bill in the first session shall be used for the purposes of the Hybrid Bill in the second session. Rule 9C.4 shall apply to the Hybrid Bill introduced in the second session with appropriate modifications.

11. Any objections lodged during the first session shall be treated as objections to the Hybrid Bill introduced in the second session and any decision of the Hybrid Bill Committee taken during the first session in respect of those objections under Rule 9C.10.2 shall apply. There shall be no further objection period under Rule 9C.7.2 for the Hybrid Bill introduced in the second session in addition to the objection period that began with the introduction of the Hybrid Bill in the first session.

12. The Scottish Government may only introduce a Hybrid Bill under paragraph 9 during the period commencing with the date of the first meeting of the Parliament and ending on the thirtieth day after that date.

13. Where, at the date of dissolution, the Stage that the Hybrid Bill was at had not been completed, the proceedings on the Hybrid Bill introduced in the second session shall commence at the beginning of that Stage, except in the circumstances set out in paragraph 14.

14. The proceedings may commence at a later point in the Stage if—

(a) to the extent that the earlier proceedings at that Stage involved the consideration by the Hybrid Bill Committee established in the first session of evidence given orally, each person who had given such evidence either—

(i) gives that evidence orally to the Hybrid Bill Committee established in the second session (“the new Committee”); or

(ii) agrees that the members of the new Committee may instead view a recording or read the Official Report of the proceedings of the Committee at which that evidence was given; and

(b) to any other extent, the persons referred to in Rule 9C.11.5 agree.

15. Where an assessor is appointed (under Rule 9C.11.3) and the Parliament is dissolved before the assessor has reported, the assessor’s report shall be considered by the Hybrid Bill Committee established in the second session.

Rule 9C.10 Stage 1

1. Once a Hybrid Bill has been printed and a Hybrid Bill Committee has been established under Rule 9C.6, that Committee shall take Stage 1 of the Bill.

2. At Stage 1, the Hybrid Bill Committee shall consider and report on the general principles of the Bill and whether the Bill should proceed as a Hybrid Bill. The Hybrid Bill Committee shall also give preliminary consideration to the objections, if any, and shall reject any objection where the objector’s interests are, in the opinion of the Committee, not clearly adversely affected by the Bill.

3. Where a Hybrid Bill Committee established to consider a Hybrid Bill to which Rule 9C.1.2 applies considers it appropriate, it may during Stage 1 direct the Parliamentary corporation, subject to the Bill proceeding to Stage 2, to appoint an assessor to perform at Stage 2 the functions set out in sub-paragraphs (a) to (c) below, or the functions set out in sub-paragraphs (b) and (c) only, namely

(a) to consider the admissible objections not rejected under Rule 9C.10.2 or Rule 9C.11.2, and report with recommendations as to—

(i) which objections are the same or similar and so should be grouped under Rule 9C.11.6;

(ii) which objectors should be chosen to give evidence in relation to the objections so grouped; and

(iii) whether the invitations to give evidence (under Rule 9C.11.4) should be invitations to give evidence orally or in writing (or both);

(b) to consider the evidence given to the assessor and report with such recommendations on the basis of that evidence as the assessor considers appropriate.

(c) to undertake any tasks which the assessor is directed by the Hybrid Bill Committee to carry out under Rule 9C.11.10G.

4. In considering whether the Bill should proceed as a Hybrid Bill, the Hybrid Bill Committee shall consider whether the Bill is in accordance with Rule 9C.1.1 and whether the accompanying documents lodged in accordance with Rule 9C.3.2 and the details set out therein, in the opinion of the Committee, satisfy the requirements of that Rule and are adequate to allow proper scrutiny of the Bill.

5. If the Committee decides that the accompanying documents lodged in accordance with Rule 9C.3.2 and the details set out therein do not satisfy the requirements of that Rule and are not adequate to allow proper scrutiny of the Bill, it may allow the member in charge such reasonable period as the Committee considers appropriate to provide such further documents as, in the opinion of the Committee, should be provided. Any further documents provided under this paragraph are referred to as “supplementary accompanying documents”.

6. A supplementary accompanying document shall be in the same form as an accompanying document.

7. The Clerk shall arrange for any supplementary accompanying document, except any of the documents referred to in Rule 9C.3.2(g)(ii) and (iii), to be printed and published. The Clerk shall send a copy of any supplementary accompanying document published in accordance with this paragraph to the premises to which the document would have been sent under Rule 9C.4.2 if the document had been provided as an accompanying document.

8. Only members of the Parliament who are members of the Hybrid Bill Committee shall be entitled to participate in the proceedings of the Committee at Stage 1.

9. Where a Hybrid Bill contains provisions conferring powers to make subordinate legislation, the committee mentioned in Rule 6.11 shall consider and report to the Hybrid Bill Committee on those provisions. The committee mentioned in Rule 6.11 may also consider and report to the Hybrid Bill Committee on any provision in such a Bill conferring other delegated powers.

10.  In considering the general principles of the Bill and preparing its report on them, the Hybrid Bill Committee shall take into account any views submitted by any other committee. The Hybrid Bill Committee shall also consider and report on the Bill’s Financial Memorandum and shall, in preparing its report, take into account any views submitted to it by the committee mentioned in Rule 6.6. The Hybrid Bill Committee shall also consider and report on the Bill’s Policy Memorandum.

11. The Hybrid Bill Committee shall report to the Parliament in time to allow the report to be published not later than the fifth sitting day before any date allocated in a business programme for the Parliament to consider the general principles of the Bill or whether the Bill should proceed as a Hybrid Bill under paragraph 12. The Parliament shall not consider the general principles of the Bill or whether the Bill should proceed as a Hybrid Bill earlier than the fifth sitting day after the Committee’s report is published unless it decides to do so on a motion of any member.

12. Once the Hybrid Bill Committee has reported on the Bill, the Parliament shall consider the general principles of the Bill and whether the Bill should proceed as a Hybrid Bill in the light of the Committee’s report and decide, on a motion of the member in charge of the Bill, whether to agree to those general principles and whether the Bill should proceed as a Hybrid Bill.

13. Any member may by motion propose that the Bill be referred back to the Hybrid Bill Committee for a further report on the general principles of the Bill or any specified part of the Bill or whether the Bill should proceed as a Hybrid Bill before the Parliament decides whether to agree to the general principles and whether the Bill should proceed as a Hybrid Bill.

14. If the motion is agreed to, consideration of the Bill’s general principles and whether the Bill should proceed as a Hybrid Bill is adjourned to a time to be determined by the Parliamentary Bureau. The Parliamentary Bureau shall refer the Bill back to the Hybrid Bill Committee which shall prepare a further report in accordance with the Parliament’s decision.

15. If the Parliament agrees to the Hybrid Bill’s general principles and that the Hybrid Bill should proceed as a Hybrid Bill, the Bill proceeds to Stage 2. If the Parliament does not agree to the Hybrid Bill’s general principles or does not agree that the Bill should proceed as a Hybrid Bill, the Bill falls.

Rule 9C.11 Stage 2

1. The Hybrid Bill Committee shall take Stage 2 of the Hybrid Bill.

2. The Hybrid Bill Committee may at Stage 2 give preliminary consideration to an objection to which Rule 9C.7.8 applies if it was not reasonably practicable to give such consideration at Stage 1.

2A. Paragraphs 3 to 7A apply only where there are one or more admissible objections which have not been rejected at Stage 1 or following preliminary consideration under paragraph 2.

3. Where a direction under Rule 9C.10.3 was made at Stage 1, the Parliamentary corporation shall, at Stage 2, appoint as assessor such person as it considers suitably qualified, subject to such terms and conditions as it considers appropriate.

4. The Hybrid Bill Committee shall invite those persons mentioned in paragraph 5, and may invite other persons, to give evidence; and any such invitation may be to give evidence orally or in writing (or both). Where an assessor has been appointed in accordance with paragraph 3, any such invitation shall be an invitation to give evidence to that assessor.

5. The persons referred to in paragraph 4 are—

(a) the member in charge;

(b) any objector chosen under paragraph 6 to give evidence in relation to the objections grouped under that paragraph; and

(c) any objector whose objection has not been grouped with another objector under paragraph 6 (except where it appears to the Hybrid Bill Committee that the objector’s interests are no longer adversely affected by the Hybrid Bill).

6. Where the Hybrid Bill Committee considers (whether or not on the basis of a recommendation by an assessor) that two or more objections are the same or similar, it may group those objections together and choose one or more objectors from that group to give evidence in relation to those objections.

7. The Hybrid Bill Committee shall consider the merits of the objections in the light of—

(a)  any evidence given to it; or

(b)  any report prepared by an assessor appointed in accordance with Rule 9C.10.3.

7A. The Hybrid Bill Committee may accept or reject—

(a)  the whole or any part of any objection;

(b)  the whole or any part of an assessor’s report,
and may take such other steps as the Committee thinks fit (which may include  referring further matters to an assessor for consideration and report or itself taking further evidence).

8. At Stage 2, each section and schedule and the long title of the Bill shall be considered separately and the Hybrid Bill Committee shall decide whether to agree to them. The question whether a section or schedule or the long title be agreed to shall be put by the convener without the need for any member to move a motion to that effect. Sections or schedules to which no amendments are proposed and which fall to be considered consecutively may be taken and agreed to together.

9. The Hybrid Bill Committee shall decide the order in which the sections and schedules of the Bill are to be considered at Stage 2. If it does not decide, the sections shall be taken in the order in which they arise in the Hybrid Bill, with each schedule taken immediately after the section whichintroduces it. The long title shall be taken last.

10. A Bill may be amended at Stage 2. Notice of an amendment may be given by any member not earlier than—

(a)  where the merits of objections are considered by the Hybrid Bill Committee under paragraph 7, the completion of that consideration;

(b)  where sub-paragraph (a) does not apply, but there has been preliminary consideration of objections under paragraph 2, the completion of that preliminary consideration;

(c)  in any other case, the completion of Stage 1.

10A. There must be at least 5 sitting days between the day on which notice of an amendment may first be given under paragraph 10 and the day on which the consideration referred to in paragraphs 10B and 10C is to begin.

10B. Following the end of the period for lodging amendments under Rule 9C.14.2, the Hybrid Bill Committee shall consider whether, in its view, any of the amendments lodged adversely affect private interests.

10C. Where the Committee decides that any amendments adversely affect private interests, it shall consider whether, in its view, any of those amendments have sufficient merit that there is a possibility of their being agreed to after further scrutiny.

10D. Where the Committee decides that an amendment which adversely affects private interests does not have the merit described in paragraph 10C, that amendment may not be moved. 

10E. Where the Committee decides that any amendments which adversely affect private interests have the merit described in paragraph 10C, no amendments (whether or not affecting private interests) may be moved unless the tasks listed in paragraph 10H have been completed in relation to each amendment having such merit.

10F. In the case of an amendment that has been or is to be lodged by the member in charge, the Scottish Government shall be responsible for performing the task described in paragraph 10H(a).

10G. Subject to paragraph 10F, the Committee may direct any assessor appointed under Rule 9C.11.3 to perform any or all of the tasks listed in paragraph 10H, or it may perform any or all of these tasks itself. Where any of these tasks is to be performed by the Scottish Government or an assessor, the Committee may, to the extent that it considers appropriate, specify the manner in which it is to be performed, including by specifying the persons (or classes of person) to be notified under paragraph 10H(a) and the duration of any period for lodging objections.

10H. The tasks are—

(a)  notifying the holders of private interests adversely affected by the amendment of its terms and implications and of how they may lodge an objection to it;

(b)  where admissible objections are lodged, taking evidence from objectors and from the member in charge; 

(c) where such evidence is taken, considering that evidence and reaching conclusions (or, in the case of an assessor, reporting to the Committee with recommendations).

10J. Paragraphs 3 to 6, 8 and 10 of Rule 9C.7, and paragraphs 4 to 7A of Rule 9C.11, apply to objections to amendments as they apply to objections to Hybrid Bills, subject to the modifications contained in paragraphs 10K to 10N.

10K. In Rule 9C.7.5—

(a)  sub-paragraph (c) is omitted;

(b)  in sub-paragraph (d), for “Hybrid Bill” there is substituted “amendment”.

10L. In Rule 9C.7.8—

(a)  “the objection period” means the period for lodging objections to amendments adversely affecting private interests;

(b)  before “at Stage 2” there is inserted “to consider amendments”.

10M. In Rule 9C.11.4, the final sentence is omitted.

10N. In Rule 9C.11.5(c), for “Hybrid Bill” there is substituted “amendment”.

11. At Stage 2, amendments to any section or schedule or to the long title shall be disposed of before the Hybrid Bill Committee considers whether to agree to the provision in question. Where no amendments are proposed to a section, a schedule or the long title, the Hybrid Bill Committee shall proceed immediately to decide the question whether that provision be agreed to. If an amendment to leave out a section or schedule is disagreed to, that section or schedule shall be treated as agreed to.

12. Only members of the Parliament who are members of the Hybrid Bill Committee shall be entitled to participate in the proceedings of the Hybrid Bill Committee which relate to the consideration of objections at Stage 2.

13. At the end of Stage 2, the Clerk shall, if the Bill has been amended, arrange for the Bill as amended to be printed and published.

14. If a Bill is amended at Stage 2 so as to insert a section or schedule, or substantially alter any existing provision, the member in charge shall lodge with the Clerk, not later than the fourth sitting day before the day on which Stage 3 is due to start, revised or supplementary Explanatory Notes. Revised Explanatory Notes (or supplementary Explanatory Notes, when read in conjunction with the original Explanatory Notes) shall summarise objectively what each of the provisions of the amended Bill does (to the extent that it requires explanation or comment) and give any other information necessary or expedient to explain the effect of the amended Bill.

15. If a Bill is amended at Stage 2 so as to substantially alter any of the costs set out in the Financial Memorandum that accompanied the Hybrid Bill on introduction, the member in charge shall lodge with the Clerk, not later than the end of the second week before the week on which Stage 3 is due to start, a revised or supplementary Financial Memorandum. The revised Financial Memorandum (or supplementary Financial Memorandum, when read in conjunction with the original Financial Memorandum) shall set out, in relation to the amended Hybrid Bill, the information required under either Rule 9C.3.2(f) or Rule 9C.3.2(g)(i) in relation to the Bill on introduction.

16. The Clerk shall arrange for any revised or supplementary Explanatory Notes or Financial Memorandum to be printed and published.

17. If the Bill has been amended at Stage 2 so as to insert or substantially alter provisions conferring powers to make subordinate legislation, the committee mentioned in Rule 6.11 shall consider and report to the Parliament on those provisions. The Committee may also consider and report on any new or substantially altered provisions conferring other delegated powers.

18.  Where a Hybrid Bill is to be considered by committee mentioned in Rule 6.11 under paragraph 17, the member in charge shall lodge with the Clerk, not later than the end of the second week before the week on which Stage 3 is due to start, a revised or supplementary memorandum setting out, in relation to each provision of the Hybrid Bill conferring a power to make subordinate legislation which has been inserted or substantially altered at Stage 2, the information referred to in Rule 9C.5.1. The Clerk shall arrange for the revised or supplementary memorandum to be published.

Rule 9C.12 Stage 3

1. Stage 3 of a Hybrid Bill shall be taken at a meeting of the Parliament.

2. At Stage 3, the Parliament shall decide, on a motion of the member in charge, whether the Hybrid Bill be passed.

3. A Hybrid Bill may be amended at Stage 3. Notice of an amendment may be given by any member after completion of Stage 2.

4. The Presiding Officer may select, as the Presiding Officer sees fit, those amendments which are to be taken at Stage 3 from amongst the admissible amendments of which notice has been given.

5. Before Stage 3 begins, the Parliament may, on a motion of the Parliamentary Bureau, agree to one or more time-limits that are to apply to debates on amendments (as they have been grouped by the Presiding Officer). If such a motion is agreed to, debates on those groups of amendments shall be concluded by the time-limits specified in the motion, except to the extent considered necessary by the Presiding Officer—

(a) to enable those members given a right to speak on an amendment by Rule 9C.14.15 to do so;

(b) as a consequence of the non-moving of an amendment leading to a change in the order in which groups are debated; or

(c) to prevent any debate on a group of amendments that has already begun when a time-limit is reached from being unreasonably curtailed.

6. Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the sections and schedules to which they relate arise in the Bill. Amendments to the long title shall be taken last.

7. During Stage 3 proceedings that are subject to time-limits agreed to under paragraph 5, any member may, by motion without notice, propose that the next such time-limit be extended by such amount of time as is specified in the motion. Such a motion may be taken only with the agreement of the Presiding Officer and may not be debated or amended. If the motion is disagreed to, no further motion to extend that next time-limit may be moved. If the motion is agreed to, all remaining time-limits applicable to the same Bill shall be extended by the amount of time specified in the motion. The total time available on any sitting day for proceedings on Stage 3 amendments shall not be extended by more than 30 minutes by motions under this paragraph.

8. If any motion under paragraph 7 is agreed to, the Presiding Officer may make such consequential alterations to the daily business list, including altering the time of Decision Time, as the Presiding Officer considers necessary or appropriate. Members shall be notified of any such alteration.

8A.  After any amendments have been disposed of, the Presiding Officer shall state whether or not in his or her view any provision of the Hybrid Bill relates to a protected subject-matter within the meaning of section 31(4). This statement may be made orally or in writing, and if made in writing shall be published by the Clerk.

9.  Except where the motion that the Bill be passed is due to be moved on a later day, the convener of the Hybrid Bill Committee or the member in charge may, immediately after the Presiding Officer has made the statement referred to in paragraph 8A, by motion without notice propose that the remaining proceedings at Stage 3 be adjourned to a later day. Such a motion may not be debated or amended. If the motion is not agreed to, the Parliament shall proceed immediately to debate the motion that the Hybrid Bill be passed. 

10.  If— 

(a)  a motion under paragraph 9 is agreed to; or 

(b)  the motion that the Bill be passed is otherwise due to be moved on a later day, 

the convener of the Hybrid Bill Committee or the member in charge may give notice of amendments to the Bill to be moved at the adjourned proceedings or (as the case may be) on the later day when the motion that the Bill be passed is due to be moved. Such amendments are only admissible if, in addition to the criteria in Rule 9C.14.6, they are for the purpose of clarifying uncertainties or giving effect to commitments given at the earlier proceedings at Stage 3. After any amendments have been disposed of, the Presiding Officer shall state whether or not in his or her view any provision of the Hybrid Bill relates to a protected subject-matter within the meaning of section 31(4). This statement may be made orally or in writing, and if made in writing shall be published by the Clerk.

11. At the beginning of the debate on the motion that the Hybrid Bill be passed, the convener of the Hybrid Bill Committee or the member in charge of the Hybrid Bill may by motion propose that such part of the Bill as may be specified in the motion, amounting to no more than half of the total number of sections of the Hybrid Bill, be referred back to the Hybrid Bill Committee for further Stage 2 consideration. If the motion is agreed to, the proceedings are adjourned to a time to be determined by the Parliamentary Bureau which shall refer the Hybrid Bill to the Committee in accordance with the Parliament’s decision. When the Stage 3 proceedings resume the Hybrid Bill may be amended, but amendments are only admissible if they are to the provisions which were referred back to the Committee or if they are necessary in consequence of any amendment made at the further Stage 2 proceedings.

12. This Rule, apart from paragraph 11, shall apply to the resumed Stage 3 proceedings as it applies to the initial Stage 3 proceedings.

13. At Stage 3 a Bill may be referred back to the Hybrid Bill Committee for further Stage 2 consideration only once.

14.  The question on the motion that the Hybrid Bill be passed must be decided by division.

15.  The result of such a division is valid only if the number of members who voted (whether for the motion, against it, or to abstain) is more than one quarter of the total number of seats for members of the Parliament. If the result is not valid the Hybrid Bill shall be treated as rejected.

16.  Where the Presiding Officer has made a statement that in his or her view any provision of the Hybrid Bill relates to a protected subject-matter, the Hybrid Bill is passed only if a super-majority is achieved and is otherwise treated as rejected.

17.  If the Presiding Officer has made more than one statement as to whether or not in his or her view any provision of the Hybrid Bill relates to a protected subject-matter, only the most recent statement is to be used in applying paragraph 16.

Rule 9C.13 Reconsideration of Hybrid Bills passed

1. The member in charge may, after the Hybrid Bill is passed, by motion propose that the Parliament resolve that it wishes to reconsider the Hybrid Bill if—

(a) a question in relation to the Hybrid Bill has been referred to the Supreme Court under section 33;

(b) a reference for a preliminary ruling (within the meaning of section 34(3)) has been made by the Supreme Court in connection with that reference; and

(c) neither of those references has been decided or otherwise disposed of.

2.  The member in charge may by motion propose that the Parliament resolve to reconsider the Hybrid Bill if—

(a)  the Supreme Court decides that the Bill or any provision of it would not be within the legislative competence of the Parliament; 

(b)  an order is made in relation to the Hybrid Bill under section 35 (order prohibiting Presiding Officer from submitting the Hybrid Bill for Royal Assent); or

(c)  the Supreme Court decides on a reference made in relation to the Hybrid Bill under section 32A(2)(b) that any provision of the Hybrid Bill relates to a protected subject-matter.

3. Proceedings on reconsideration shall be taken at a meeting of the Parliament.

4.  A Hybrid Bill may be amended on reconsideration of the Hybrid Bill but amendments are only admissible if, in addition to the criteria in Rule 9C.14.6, they are for the purpose of resolving the problem which is the subject of the reference for a preliminary ruling or which is the subject of the decision of the Supreme Court referred to in paragraph 2(a) or the order under section 35. An amendment may only be moved by the member in charge. Unless the Parliament has decided, on a motion of the Parliamentary Bureau, the order in which amendments are to be disposed of, they shall be disposed of in the order in which the provisions to which they relate arise in the Bill. In the case of a Hybrid Bill referred to in paragraph 2(c) no amendment may be made at Reconsideration Stage.

5.  [deleted].

6.  The Presiding Officer shall state, after any amendments have been disposed of and before the debate on the motion that the Hybrid Bill be approved, whether or not in his or her view any provision of the Hybrid Bill relates to a protected subject-matter within the meaning of section 31(4). This statement may be made orally or in writing, and if made in writing shall be published by the Clerk. The Parliament shall then consider and decide by division, on a motion of the member in charge of the Hybrid Bill, the question whether to approve the Hybrid Bill. The result of such a division is valid only if the number of members who voted (whether for the motion, against it, or to abstain) is more than one quarter of the total number of seats for members of the Parliament. If the result is not valid the Hybrid Bill shall be treated as rejected. Where the statement is that in the Presiding Officer’s view any provision of the Hybrid Bill relates to a protected subject-matter, the Hybrid Bill is not approved unless a super-majority is achieved.

9C.13A   Reconsideration of Hybrid Bills rejected

1.  The member in charge of a Hybrid Bill may, after the Hybrid Bill is rejected, by motion propose that the Parliament resolve to reconsider the Hybrid Bill if, following a reference to the Supreme Court under section 32A(2)(a), the Court has decided that no provision that is subject to the reference relates to a protected subject-matter.

2.  Proceedings at Reconsideration Stage shall be taken at a meeting of the Parliament. The Hybrid Bill may not be amended at Reconsideration Stage.

3.  Before the debate on the motion that the Hybrid Bill be approved, the Presiding Officer shall state whether or not in his or her view any provision of the Hybrid Bill relates to a protected subject-matter within the meaning of section 31(4). This statement may be made orally or in writing, and if made in writing shall be published by the Clerk. The Parliament shall then consider and decide by division, on a motion of the member in charge of the Hybrid Bill, the question whether to approve the Hybrid Bill. The result of such a division is valid only if the number of members who voted (whether for the motion, against it, or to abstain) is more than one quarter of the total number of seats for members of the Parliament. If the result is not valid the Hybrid Bill shall be treated as rejected.

Rule 9C.14 Amendments to Hybrid Bills

1. Amendments to a Hybrid Bill shall be in such form as the Presiding Officer shall determine.

2. Subject to paragraph 7, where a member intends to move an amendment to a Bill at Stage 2 or Reconsideration Stage, that member shall give notice of the amendment by lodging it with the Clerk no later than the day (referred to as the final lodging-day) that is the third sitting day before consideration of any amendments at that Stage is due to start. Amendments may be lodged until 16:30 on any day when the office of the Clerk is open, except on the final lodging-day, when amendments may be lodged only until 12:00.

3. Subject to paragraph 7, where a member intends to move an amendment to a Hybrid Bill at Stage 3, that member shall give notice of the amendment by lodging it with the Clerk no later than the day (referred to as the final lodging-day) that is the ninth sitting day before the Stage is due to start. Amendments may be lodged until 16:30 on any day when the office of the Clerk is open.

4. Notice of an amendment shall set out the text of the amendment, together with the name of the member proposing it. The member in charge of the Hybrid Bill (if not the member proposing the amendment) and up to 4 other members may indicate their support for an amendment (other than a manuscript amendment) by notifying the Clerk at any time during the period when notice of that amendment may be given.

5. The convener, or, as the case may be, the Presiding Officer, shall determine any dispute as to whether an amendment of which notice has been given is admissible. Notice of admissible amendments shall be published in the Business Bulletin.

6. An amendment is admissible unless— 

(a)  it is not in proper form;

(b)  it is not relevant to the provisions of the Hybrid Bill which it would amend;

(c)  it is inconsistent with the general principles of the Hybrid Bill as agreed by the Parliament; or

(d)  it is inconsistent with a decision already taken on an amendment at the Stage at which the amendment is proposed.

(e)  [deleted]

7. An amendment of which less notice has been given than is required under paragraph 2 or 3 above is referred to as a “manuscript amendment”. A manuscript amendment may be moved only with the agreement of the convener or, as the case may be, the Presiding Officer. Such agreement shall be given only if the convener or, as the case may be, the Presiding Officer considers it is justified, in the circumstances, taking account of the disadvantages of lack of proper notice.

8. An amendment may be made to an amendment and this Rule shall apply accordingly.

9. An amendment (other than a manuscript amendment) may be withdrawn by the member who lodged it at any time during the period when notice of that amendment may be given, but only with the unanimous agreement of any members who have indicated their support for the amendment. If such agreement is not obtained, the amendment becomes an amendment in the name of the member who first indicated that member’s support for the amendment and who does not agree to the amendment being withdrawn.

10.Where, at any Stage, notice of amendments to a Hybrid Bill has been given, the Clerk shall prepare, for each week during which there are to be proceedings on the Hybrid Bill at which amendments are to be considered, a marshalled list of the admissible amendments proposed. The list shall set out the amendments not so far disposed of in the order in which they are to be disposed of as determined by the Clerk. The list shall exclude—

(a)  at Stage 2 or Reconsideration Stage, amendments which may not be moved by virtue of Rule 9C.11.10D;

(b)  at Stage 3, amendments not selected by the Presiding Officer; and

(c)  at any Stage, manuscript amendments which may not be moved because agreement has been refused under paragraph 7.

11. An amendment to insert a new section or schedule shall normally specify where it is to be inserted and shall be disposed of accordingly.

12. An amendment to an amendment shall be disposed of before the amendment which it would amend.

13. An amendment at any Stage which would be inconsistent with a decision already taken on an amendment at the same Stage shall not be taken.

14. The convener or, as the case may be, the Presiding Officer may group amendments for the purposes of debate as that person sees fit. The Clerk shall arrange for any groupings to be published. An amendment debated as part of a group may not be debated again when it comes to be disposed of.

15. The member moving an amendment may speak in support of it. A member intending to move any other amendment that has been grouped with the amendment moved may speak in support of that other amendment. The member in charge of the Hybrid Bill and any member of the Scottish Government or junior Scottish Minister present at the proceedings may also speak on the amendment. Other members may speak on an amendment at the discretion of the convener or, as the case may be, the Presiding Officer.

16. If a member who has given notice of an amendment does not move the amendment when that amendment comes to be disposed of, the amendment may be moved by any other member present at those proceedings.

17. An amendment may be withdrawn by the member who moved it, but only if no member present at those proceedings objects.

Rule 9C.15 Crown consent

1. Where a Hybrid Bill contains provisions, or is amended so as to include provisions, which would, if the Bill were a Bill for an Act of the United Kingdom Parliament, require the consent of Her Majesty, the Prince and Steward of Scotland or the Duke of Cornwall, the Parliament shall not debate any question whether the Bill be passed or approved unless such consent to those provisions has been signified by a member of the Scottish Government during proceedings on the Bill at a meeting of the Parliament.

Rule 9C.16 Financial Resolutions

1. A resolution under this Rule is referred to as “a Financial Resolution”.

2. The Presiding Officer shall decide in every case whether a resolution is required for a Hybrid Bill under paragraph 3 or 4 of this Rule.

3. Where a Hybrid Bill contains provisions—

(a) which charge expenditure on the Scottish Consolidated Fund, or

(b) the likely effect of which would be to—

(i) increase significantly expenditure charged on that Fund;

(ii) give rise to significant expenditure payable out of that Fund for a new purpose; or

(iii) increase significantly expenditure payable out of that Fund for an existing purpose,

no proceedings may be taken on the Hybrid Bill at any Stage after Stage 1 unless the Parliament has by resolution agreed to the expenditure or the increase in expenditure being charged on or, as the case may be, payable out of that Fund.

4. Where—

(a) a Hybrid Bill contains provisions which impose or increase (or confer a power to impose or increase) any charge, or otherwise require (or confer a power to require) any payment to be made; and

(b) the person to whom the charge or payment is payable is required, by or under any enactment, to pay sums received into the Scottish Consolidated Fund (or would be so required but for any provision made by or under an Act of the Scottish Parliament),
no proceedings may be taken on the Hybrid Bill at any Stage after Stage 1 unless the Parliament has by resolution agreed to the charge, increase or payment.

5. Paragraph 4—

(a) applies only where the charge, increase in charge or payment is significant; and

(b) does not apply where the charge, increase in charge or payment is—

(i) in respect of the provision of goods and is reasonable in relation to the goods provided; or

(ii) wholly or largely directed to the recovery of the cost of providing any service for which the charge is imposed or the payment requires to be made.

6. Where the effect of an amendment (or amendments) to a Hybrid Bill, if agreed to, would be that the Hybrid Bill would require a resolution under this Rule which it would not otherwise require, no proceedings may be taken on the amendment (or amendments) unless the Parliament has agreed to a motion for such a resolution.

7. Only the member in charge of the Hybrid Bill or another member of the Scottish Government or a junior Scottish Minister may give notice of a motion for a Financial Resolution. The motion may be moved only by the member in charge of the Hybrid Bill, another member of the Scottish Government or junior Scottish Minister, whether or not that person has given notice of it or indicated support for it. Such a motion may not be amended.

8. Unless—

(a) notice of a motion for any resolution required in relation to a Hybrid Bill by paragraph 3 or 4 is given within 6 months of the completion of Stage 1; and

(b) the motion is agreed to,

the Hybrid Bill falls.

Rule 9C.17 Withdrawal of Hybrid Bills

1. A Hybrid Bill may be withdrawn at any time by the member in charge but shall not be withdrawn after completion of Stage 1 except with the agreement of the Parliament.