Bills and laws

Non-Government Bills Unit

The Non-Government Bills Unit (NGBU) is a clerking team within the Parliament. NGBU provides advice, guidance and support to:

• MSPs interested in proposing:
  • a Member’s Bill
  • a Committee Bill
• any private individuals or organisations interested in bringing forward a Private Bill
• the Scottish Government regarding the preparation and introduction of a Hybrid Bill

NGBU services are confidential, impartial and available to all MSPs who are not Government Ministers.

MSPs who want to propose a Member’s Bill must lodge their draft and final proposals with NGBU.

MSPs who are proposing a bill can choose whether to receive additional support from NGBU. That support is provided on a first come, first serve basis and would usually include:

• procedural support, in line with the Parliament's Standing Orders
• helping the Member develop their policy
• summarising consultation responses
• translating the Member’s policy into a Bill for introduction
• drafting the Bill’s accompanying documents
• support from the Parliament's lawyers.

Some Bills take an entire parliamentary session to progress from initial engagement to Stage 3. To ensure a proposed Bill has time to go through the process, MSPs are advised to approach NGBU as early as possible in the Parliamentary session. Members’ Bills cannot normally be introduced after the beginning of December in the fourth year of the parliamentary session (the deadline for Session 7 is 3 December 2029).

Proposal stages

When supporting an MSP, NGBU helps them to develop their policy proposal. This involves assisting the MSP to identify: the problem that they want to solve, how they want to solve it, and whether a change in the law is required to deliver their proposal.

NGBU also supports the MSP procedurally to progress their proposal for a Bill. First, the MSP must formally lodge their draft proposal for a Bill. The draft proposal must be lodged with either: a consultation document (and be consulted on for a minimum of 12 weeks); or, if the MSP considers that sufficient published evidence already exists in support of their proposal, with a ‘statement of reasons’. NGBU works collaboratively with the MSP to prepare the consultation document or the statement of reasons.

Following the draft proposal stage, NGBU supports the MSP to lodge their final proposal for a Bill. The final proposal must meet a threshold for cross-party support from other MSPs. If it does, and the Scottish Government confirms that it will not step in to legislate to make the change the MSP is seeking, the Member secures the right to introduce a Bill.

Preparing a Bill for introduction

If an MSP earns the right to introduce a Bill, and is being supported by NGBU, the Unit works with them to further define the proposal and the policy. NGBU then works with solicitors and a drafter to prepare:

• the Bill itself
• the accompanying documents:
• a Policy Memorandum
• the Explanatory Notes
• a Financial Memorandum
• a Delegated Powers Memorandum (if required).

Post-introduction

Once a Member’s Bill is introduced it enters the same three-stage process as other Public Bills. At each stage, NGBU supports the MSP. This support could include:

• providing briefing material
• drafting speeches

• accompanying the MSP when giving evidence to a parliamentary committee

• helping to suggest and prepare any changes to the Bill.

For further information on the role of the Non-Government Bills Unit and the Members’ Bill procedure, please refer to Standing Orders (Rule 9.14) and the Guidance on Public Bills:

Chapter 9 Public Bill Procedures | Scottish Parliament Website

Part 3: Stages of Bills – special cases | Scottish Parliament Website

For further guidance, please contact [email protected].