Chapter 9BA: Consent in relation to Orders under the Public Bodies Act 2011

Rule 9BA.1 Orders under the Public Bodies Act 2011 requiring the Parliament’s consent

1. In this Chapter, a “Public Bodies Act order” is a draft order under sections 1 to 5 of the Public Bodies Act 2011 (c. 24) (“the Act”) which requires the consent of the Parliament under section 9 of the Act.

Rule 9BA.2 Public Bodies Act consent motions

1. A motion seeking the Parliament’s consent to a Public Bodies Act order shall be known as a Public Bodies Act consent motion. A Public Bodies Act consent motion shall identify the relevant Public Bodies Act order by reference to its title and the date on which it was laid before the UK Parliament.

2. A Public Bodies Act consent motion shall not normally be lodged until after the publication of the lead committee’s report.

3. Every Public Bodies Act consent motion lodged shall be taken in the Parliament. The Parliament shall not normally take such a motion earlier than the fifth sitting day after the day on which the lead committee’s report under Rule 9BA.3.5 is published.

Rule 9BA.3 Public Bodies Act consent memorandums

1. A member of the Scottish Government shall lodge with the Clerk a memorandum (“a Public Bodies Act consent memorandum”) in relation to any Public Bodies Act order, normally no later than one week after it is laid before the UK Parliament.

2. Any member (other than a member of the Scottish Government) who intends to lodge a Public Bodies Act consent motion in relation to a Public Bodies Act order shall first lodge with the Clerk a Public Bodies Act consent memorandum, but shall not normally do so until after a member of the Scottish Government has lodged a Public Bodies Act consent memorandum in respect of that order.

3. A Public Bodies Act consent memorandum shall—

(a) be accompanied by a copy of the relevant Public Bodies Act order;

(b) summarise what the order does and its policy objectives;

(c) explain which provisions of the order give rise to the requirement for the consent of the Parliament under section 9 of the Act and why such consent is required;

(d) in the case of a memorandum lodged by a member (including a member of the Scottish Government) who intends to lodge a Public Bodies Act consent motion, set out a draft of the motion and explain why the member considers it appropriate for those provisions to be made and for them to be made by means of the order; and

(e) in the case of a memorandum lodged by a member of the Scottish Government who does not intend to lodge a Public Bodies Act consent motion, explain why not.

4. Notice of any Public Bodies Act consent memorandum lodged shall be given in the Business Bulletin. The Clerk shall arrange for the memorandum and the copy order to be published.

5. The Parliamentary Bureau shall refer any Public Bodies Act consent memorandum to the committee within whose remit the subject matter of the relevant provisions falls. That committee (referred to as “the lead committee”) shall consider and report on the memorandum. Where the subject matter of the relevant provisions falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, designate one of those committees as the lead committee. The other committee or committees (“the secondary committee or committees”) may also consider the memorandum and report its or their view to the lead committee.

6. The Parliamentary Bureau shall refer any Public Bodies Act order to the committee mentioned in Rule 6.11, which shall consider the order and report to the Parliament and the lead committee normally no later than 20 days, and in any event no later than 22 days, after the relevant Public Bodies Act consent memorandum is lodged (excluding any time during which the Parliament is dissolved or is in recess for more than 4 days). In considering the order, the Committee shall determine whether the attention of the Parliament should be drawn to it on any of the grounds mentioned in Rule 10.3.1, so far as applicable. 

7. In preparing its report, the lead committee shall take into account the reports of the committee mentioned in Rule 6.11 and any secondary committee which has submitted its views under Rule 9BA.3.5.