About the Scottish Parliament

The Standing Orders are the rules of procedure for the Parliament.

They have been made in accordance with the Scotland Act 1998.

Standing Orders of the Scottish Parliament 6th Edition 9th Revision 22 December 2023

Rule 10A.1 Proposal for European Union legislation

1. In this Chapter—

(a) “end date” means the last date of the 8 week period, by which the UK Parliament can issue a reasoned opinion on an EU legislative proposal in terms of Article 6 of the Subsidiarity Protocol;

(b) “EU legislative proposal” is a proposal for the adoption of a legislative act to which the Subsidiarity Protocol applies;

(c) “principle of subsidiarity” refers to the principle that the European Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at European Union level; and

(d) “Subsidiarity Protocol” means the Protocol (No. 2) on the Application of the Principles of Subsidiarity and Proportionality annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.

Rule 10A.2 Referral to lead committee

1. Where the UK Government, the UK Parliament or the Scottish Government brings to the attention of the Parliament any EU legislative proposal (or part of such proposal) as raising a concern in relation to compliance with the principle of subsidiarity, the proposal may be considered by the committee within whose remit the subject matter of the proposal falls (“the lead committee”).

2. Where the subject matter of an EU legislative proposal falls within the remit of more than one committee, the Parliamentary Bureau may designate one of those committees as the lead committee.

Rule 10A.3 Consideration of proposal for European Union legislation

1. Where an EU legislative proposal has been referred to a lead committee in terms of Rule 10A.2, that committee may consider the EU legislative proposal and report to the Parliament if it considers that the proposal does not comply with the principle of subsidiarity.

2. Where the lead committee so considers that an EU legislative proposal does not comply with the principle of subsidiarity, the Convener of that committee shall by motion propose that the Parliament agrees that the EU legislative proposal does not comply with the principle of subsidiarity. The Parliamentary Bureau shall allocate such time for debate on the motion as it considers appropriate.

3. Where an EU legislative proposal is referred to a lead committee in terms of Rule 10A.2, and the lead committee decides having regard to the end date that there is an insufficient period remaining for report by the committee and a debate on a motion in terms of paragraph 2, the Presiding Officer shall notify the UK Parliament of any concerns of the lead committee that the proposal does not comply with the principle of subsidiarity.

4. Where an EU legislative proposal is referred to a lead committee in terms of Rule 10A.2 while the Parliament is in recess for more than 4 days, the Presiding Officer may notify the UK Parliament of any concerns indicated by the Convener on behalf of the lead committee that the proposal does not comply with the principle of subsidiarity