Annex F - Form of Accompanying Documents

Presiding Officer determination (Private Bills): Proper form of accompanying documents

The Presiding Officer has determined under Rule 9A.3.1 of the Standing Orders that the proper form of accompanying documents for a Private Bill is as follows.

All accompanying documents (other than maps, plans and sections)

The text of each document should be set out either in un-numbered paragraphs or in consecutively-numbered paragraphs (1, 2, 3, etc.). Paragraphs may be divided into sub-paragraphs or bullet-points, but multi-level numbering (e.g. 1.1.1) should be avoided.

Headings should be un-numbered.

The text of each document should generally follow the order of such requirements as are specified in the relevant Rule.

Explanatory Notes

The first two paragraphs (under the heading “Introduction”) should read as follows [variable or optional text]––

These Explanatory Notes have been prepared by [name of agent] [on behalf of] the promoter, [name of promoter], in order to assist the reader of the [short title] Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by the Parliament.

The Notes should be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a section or schedule, or a part of a section or schedule, does not seem to require any explanation, none is given.

These should be followed by, first (where appropriate) a general description and explanation of the Bill (under the heading “The Bill”) and, secondly, paragraphs describing and explaining those of the Bill’s provisions requiring explanation or comment (normally in the order those provisions arise in the Bill, save that schedules and the sections that introduce them may be dealt with together).

Promoter’s Memorandum

The first paragraph (under the heading “Introduction”) should read as follows [variable or optional text]—

This document relates to the [short title] Bill introduced in the Scottish Parliament on [date]. It has been prepared by [name of agent] [on behalf of] [name of promoter] to satisfy Rule 9A.2.3(b) of the Parliament’s Standing Orders. The contents are entirely the responsibility of the promoter and have not been endorsed by the Parliament.

Estimate of Expense and Funding Statement

The first paragraph (under the heading “Introduction”) should read as follows [variable or optional text]—

This document relates to the [short title] Bill introduced in the Scottish Parliament on [date]. It has been prepared by [name of agent] [on behalf of] [name of promoter] to satisfy Rule 9A.2.3(c)(i) of the Parliament’s Standing Orders. The contents are entirely the responsibility of the promoter and have not been endorsed by the Parliament.

Book of References

The first paragraph (under the heading “Introduction”) should read as follows [variable or optional text]––

This document relates to the [short title] Bill introduced in the Scottish Parliament on [date]. It has been prepared by [name of agent] [on behalf of] the promoter, [name of promoter], to satisfy Rule 9A.2.3(c)(ii) of the Parliament’s Standing Orders. The contents are entirely the responsibility of the promoter and have not been endorsed by the Parliament.

Environmental Statement

The first paragraph (under the heading “Introduction”) should read as follows [variable or optional text]––

This document relates to the [short title] Bill introduced in the Scottish Parliament on [date]. It has been prepared by [name of agent] [on behalf of] the promoter [name of promoter] to satisfy Rule 9A.2.3(c)(iii) of the Parliament’s Standing Orders. The contents are entirely the responsibility of the promoter and have not been endorsed by the Parliament.

Promoter’s Statement

The Statement should clearly state which (if any) of Rules 9A.2.3(d)(i), (ii) and (iii) apply.

The undertaking under Rule 9A.2.3(d)(v) should be in one of the following forms [variable or optional text] and should be signed by or on behalf of the promoter––

·        in the case of a Bill to which Rule 9A.1.1A applies—

I/We, [name of agent] [on behalf of] [name of promoter], hereby undertake to send copies of the Estimate of Expense and Funding Statement, [maps,] [plans,] [sections,] [books of references,] and Environmental Statement accompanying the [short title] Bill, and any other documents that are relevant to the Bill but are not accompanying documents, to the premises to which the Bill and accompanying documents are to be sent by the Clerk under Rule 9A.4.2 and to the mandatory consultees.

·        in the case of a Bill to which Rule 9A.1.1A does not apply—

I/We, [name of agent] [on behalf of] [name of promoter], hereby undertake to send copies of any documents that are relevant to the [short title] Bill but are not accompanying documents to the premises to which the Bill and accompanying documents are to be sent by the Clerk under Rule 9A.4.2.

The undertaking under Rule 9A.2.3(d)(vi) should be in the following form [variable or optional text] and should be signed by or on behalf of the promoter––

I/We, [name of agent] [on behalf of] [name of promoter], hereby undertake to pay any costs that may be incurred by the Scottish Parliamentary Corporate Body during the passage of the [short title] Bill in respect of the matters determined by that Body under Rule 9A.2.3(d)(vi) of the Parliament’s Standing Orders.

The agreement under Rule 9A.2.3(d)(vii) should be in the following form [variable or optional text] and should be signed by or on behalf of the promoter––

I/We, [name of agent] [on behalf of] [name of promoter], hereby assign to the Scottish Parliamentary Corporate Body copyright in the promoter’s statement on legislative competence, the Explanatory Notes, the Promoter’s Memorandum and the Promoter’s Statement accompanying the [short title] Bill.

The agreement under Rule 9A.2.3(d)(viii) should be in one of the following forms [variable or optional text] and should be signed by or on behalf of the promoter––

·        in the case of a Bill to which Rule 9A.1.1A applies—

I/We, [name of agent] [on behalf of] [name of promoter], hereby license the Scottish Parliamentary Corporate Body to use or reproduce as may be required for the Parliament’s purposes the Estimate of Expense and Funding Statement, [maps,] [plans,] [sections,] [books of references] and Environmental Statement accompanying the [short title] Bill, and any other documents relevant to the Bill submitted by the promoter to the Clerk on introduction or subsequently.

·        in the case of a Bill to which Rule 9A.1.1A does not apply—

I/We, [name of agent] [on behalf of] [name of promoter], hereby license the Scottish Parliamentary Corporate Body to use or reproduce as may be required for the Parliament’s purposes any document which is relevant to the [short title] Bill but is not an accompanying document and which is submitted by the promoter to the Clerk on introduction or subsequently.   

 

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