STANDING ORDER 26 – Assembly Measures Acts of the Assembly

STANDING ORDER 26 – Assembly Measures Acts of the Assembly

 

 

 

 

 

 

                                                                         

Amend title of Standing Order

In accordance with Part 4 (section 107) of the Government of Wales Act 2006, the Assembly may make laws to be known as Acts of the National Assembly for Wales or “Deddfau Cynulliad Cenedlaethol Cymru”. These are referred to throughout the 2006 Act as “Acts of the Assembly”.

 

It is proposed that the same terminology is used in the Standing Orders and that there is a general interpretation provision in the Standing Orders which says that a reference to an Act of the Assembly means an Act of the National Assembly for Wales as defined in section 107(1) of the Government of Wales Act 2006.

Form and Introduction of Proposed Measures Bills

Amend sub-heading

In accordance with section 107(2) of the Government of Wales Act 2006, proposed Acts of the Assembly are to be known as Bills.

26.1     Subject to Standing Orders 26.80 to 26.94, a proposed Measure Bill may be introduced on a working day in a sitting week. 

Amend this Standing Order

Replace “proposed Measure” with “Bill” to reflect that the Assembly, following the March 2011 referendum result, will operate under Part 4 provisions of the Government of Wales Act 2006 after 5 May 2011.

26.2     A proposed Measure Bill must be introduced by being laid. 

 

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.3     A proposed Measure Bill must not be laid unless it is in proper form in accordance with any determinations made by the Presiding Officer.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.4     A proposed Measure Bill must on its introduction be accompanied by a statement in English and Welsh by the Presiding Officer which must:

 

(i)         indicate whether or not the provisions of the proposed Measure Bill would be, in his or her opinion, within the legislative competence of the Assembly; and

 

(ii)        indicate any provisions which, in his or her opinion, would not be within the legislative competence of the Assembly and the reasons for that opinion. 

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.5     A proposed Measure Bill must be introduced in both English and Welsh except in the following cases: 

(i)      when, in respect of a government proposed Measure Bill, the Member in charge states in writing that, for specified reasons, it would not be appropriate in the circumstances or reasonably practicable for the proposed Measure Bill to be introduced in both languages; or    

(ii)     when not doing so is in accordance with determinations issued by the Presiding Officer under Standing Order 26.3.

 

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

Documentation to Accompany a Proposed Measure Bill

Amend this sub-heading

Replace “proposed Measure” with “Bill”.

26.6     At the same time as the Member in charge introduces a proposed Measure Bill, he or she must also lay an Explanatory Memorandum which must:

(i)      state that in his or her view the provisions of the proposed Measure Bill would be within the legislative competence of the Assembly;

(ii)     set out the policy objectives of the proposed Measure Bill;

(iii)    set out whether alternative ways of achieving the policy objectives were considered and, if so, why the approach taken in the proposed Measure Bill was adopted;

(iv)     set out the consultation, if any, which was undertaken on:

(a)     the policy objectives of the proposed Measure Bill and the ways of meeting them; and 

(b)     the detail of the proposed Measure Bill,

together with a summary of the outcome of that consultation;

(v)      summarise objectively what each of the provisions of the proposed Measure Bill is intended to do (to the extent that it requires explanation or comment) and give other information necessary to explain the effect of the proposed Measure Bill;

(vi)     set out the best estimates of:

(a)       the gross administrative, compliance and other costs to which the provisions of the proposed Measure Bill would give rise;

(b)       the timescales over which such costs would be expected to arise; and

 

(c)     on whom the costs would fall;    

(vii)    where the proposed Measure Bill contains any provision conferring power to make subordinate legislation, set out, in relation to each such provision: 

(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 Assembly procedure (if any) to which the subordinate legislation made or to be made in the exercise of the power is to be subject, and why it was considered appropriate to make it subject to that procedure (and not to make it subject to any other procedure); and

(viii)   where the proposed Measure Bill contains any provision charging expenditure on the Welsh Consolidated Fund, incorporate a report of the Auditor General setting out his or her views on whether the charge is appropriate.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

Timetable for Consideration of a Proposed Measure Bill

Amend this sub-heading

Replace “proposed Measure” with “Bill”.

26.7     The Business Committee must establish and publish a timetable for the consideration of a proposed Measure Bill, except for any stage taken in plenary (which must be arranged under the provisions of Standing Orders 11.12 or 11.7(ii), as the case may be).

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.8     The Business Committee may make such subsequent changes to a timetable established under Standing Order 26.7 as it considers appropriate but must give reasons for such changes.

No amendment necessary

Stage 1: Consideration of General Principles

No amendment necessary

26.9     Once a proposed Measure Bill has been introduced, the Business Committee must decide whether or not to refer consideration of the general principles to a responsible committee established under Standing Order 16.1 (referred to within Standing Order 26 as “the responsible committee”).

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.10   If the Business Committee agrees under Standing Order 26.9 to refer the proposed Measure Bill to a responsible committee, that responsible committee must consider and report on the general principles of the proposed Measure Bill

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.11               Not earlier than five working days after either:

(i)      the responsible committee has reported on the general principles of the proposed Measure Bill; or

(ii)     the deadline by which the responsible committee is required to report has been reached, 

the Member in charge of the proposed Measure Bill may propose that the Assembly agree to the general principles of the proposed Measure Bill.

 

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.12  If the Business Committee decides not to refer consideration of the general principles to a responsible committee, the Member in charge may propose that the Assembly agree to the general principles of the proposed Measure Bill.

 

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.13   If the Assembly agrees to the general principles of the proposed Measure Bill under Standing Orders 26.11, 26.12, 26.83 or 26.102, the proposed Measure Bill proceeds to Stage 2.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.14   If the Assembly does not agree to the general principles of the proposed Measure Bill under Standing Orders 26.11, 26.12, 26.83 or 26.102, the proposed Measure Bill falls.

 

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.15   Stage 1 is completed when the general principles of the proposed Measure Bill have been agreed to or the proposed Measure Bill falls under Stage 1.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

Stage 2: Detailed Consideration by Committee

No amendment necessary

26.16   Stage 2 starts on the first working day after Stage 1 is completed.

No amendment necessary

26.17   At least 15 working days must elapse between the start of Stage 2 and the date of the first meeting at which the responsible committee considers amendments to the proposed Measure Bill.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.18   If the Assembly has agreed to the proposed Measure Bill’s general principles, the Business Committee must:

(i)      refer the proposed Measure Bill back to the responsible committee for Stage 2 proceedings;

(ii)     refer the proposed Measure Bill to a  responsible committee for Stage 2 proceedings if the Business Committee agreed under Standing Order 26.9 not to refer consideration of the general principles to a responsible committee; or 

(iii)    by motion in plenary propose that Stage 2 proceedings be  considered by a Committee of the Whole Assembly, to be chaired by the Presiding Officer. The Presiding Officer or Deputy may vote in such proceedings only when exercising a casting vote in accordance with Standing Order 6.20.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.19   A proposed Measure Bill may be amended in Stage 2 proceedings.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.20   Amendments to be considered at Stage 2 proceedings may be tabled by any Member, from the first day on which Stage 2 starts.

No amendment necessary

26.21   Amendments are to be disposed of in the order in which the sections and schedules to which they relate arise in the proposed Measure Bill, unless the committee considering Stage 2 proceedings has decided otherwise.

Amend this Standing Order

Replace “proposed Measure” with “Bill”.

26.22 Only a Member who is a member of the committee considering Stage 2 proceedings may participate in those proceedings for the purpose of:

(i)      moving or seeking agreement to withdraw an amendment; or

(ii)     voting.

No amendment necessary

26.23   An amendment tabled by a Member who is not a member of the committee considering Stage 2 proceedings, may be moved by a member of the committee. 

 

No amendment necessary

26.24   Where any amendment is tabled to a section or schedule of the proposed Measure Bill, once the final amendment to that section or schedule has been disposed of, that section or schedule as amended, or otherwise, is to be deemed agreed by the committee for the purpose of Stage 2 proceedings.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.25   If no amendment is tabled to a section or schedule of the proposed Measure Bill, then that section or schedule is to be deemed agreed by the committee for the purpose of Stage 2 proceedings.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.26   Stage 2 is completed when the last amendment has been disposed of or the last section or schedule has been deemed to be agreed, whichever is the later.

No amendment necessary

26.27   If a proposed Measure Bill is amended at Stage 2 proceedings so as to insert a section or schedule, or substantially alter any existing provision, the committee considering Stage 2 proceedings may request that the Member in charge prepare a revised Explanatory Memorandum. 

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.28               Any revised Explanatory Memorandum requested under Standing Order 26.27 must be laid at least five working days before the date of the first meeting of the Assembly that considers Stage 3 proceedings.

No amendment necessary

Stage 3: Detailed Consideration by the Assembly

No amendment necessary

26.29   Stage 3 starts on the first working day after Stage 2 is completed.

No amendment necessary

26.30   At least 15 working days must elapse between the start of Stage 3 and the date of the first meeting of the Assembly that considers Stage 3 proceedings. 

No amendment necessary

26.31   Stage 3 proceedings of a proposed Measure Bill must be considered by the Assembly in plenary.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.32   A proposed Measure Bill may be amended in Stage 3 proceedings.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.33   Amendments to be considered at Stage 3 proceedings may be tabled by any Member from the first day on which Stage 3 starts.

No amendment necessary

26.34   The Presiding Officer may select those amendments which are to be taken at Stage 3 proceedings.

No amendment necessary

26.35   The Presiding Officer may in exceptional circumstances accept an amendment at Stage 3 proceedings of which less notice has been given than is required under Standing Order 26.59. Such an amendment is referred to as a “late amendment”.

No amendment necessary

26.36   Amendments are to be disposed of in the order in which the sections and schedules to which they relate arise in the proposed Measure Bill, unless the Assembly has decided otherwise on a motion of the Minister with responsibility for government business or the Business Committee (in accordance with Standing Orders 11.12 or 11.7(ii) as the case may be). 

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.37 The Assembly may, on a motion without notice of the Minister with responsibility for  government business or the Business Committee (in accordance with Standing Orders 11.12 or 11.7(ii) as the case may be), agree to one or more time-limits that are to apply to debates on amendments (as they have been grouped by the Presiding Officer).

No amendment necessary

26.38   If a motion under Standing Order 26.37 is agreed to, debates on those groups of amendments must be concluded by the time-limits specified in the motion, except to the extent considered necessary by the Presiding Officer:

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

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

No amendment necessary

26.39   When all amendments selected at Stage 3 proceedings have been disposed of, the Member in charge, or any member of the government, may without notice move that the Assembly consider further amendments at further Stage 3 proceedings. Such a motion may not be debated or amended.

No amendment necessary

26.40   If a motion under Standing Order 26.39 is agreed to, the Member in charge of the proposed Measure Bill, or any member of the government, may table amendments to the proposed Measure Bill to be moved at the further Stage 3 proceedings.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.41   Amendments under Standing Order 26.40 are only admissible if, in addition to the criteria in Standing Order 26.61, they are for the purpose of clarifying a provision of a proposed Measure Bill (including ensuring consistency between the English and Welsh texts) or giving effect to commitments given at the earlier Stage 3 proceedings.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.42   Where any amendment is tabled to a section or schedule of the proposed Measure Bill, once the final amendment to that section or schedule has been disposed of, that section or schedule as amended, or otherwise, is to be deemed agreed by the Assembly for the purpose of Stage 3 proceedings.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.43   If no amendment is tabled to a section or schedule of the proposed Measure Bill, then that section or schedule is to be deemed agreed by the Assembly for the purpose of Stage 3 proceedings.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.44   Stage 3 is completed when the last amendment has been disposed of or the last section or schedule has been deemed to be agreed, whichever is the later.

No amendment necessary

Report Stage

No amendment necessary

26.45   Once Stage 3 is completed in accordance with Standing Order 26.44, the Member in charge may, without notice, move that the Assembly consider amendments at Report Stage. Such a motion may be debated but not amended.

No amendment necessary

26.46   Standing Orders 26.29 to 26.44 apply to Report Stage proceedings. References to ”Stage 3”  and “further Stage 3” should be construed as references to “Report Stage” and “further Report Stage” accordingly.

No amendment necessary

Stage 4: Final Stage

No amendment necessary

26.47   Subject to Standing Order 26.50, immediately after the completion of Stage 3 proceedings, or Report Stage proceedings where undertaken, any Member may without notice move that the proposed Measure Bill be passed.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.48   If no motion is moved under Standing Order 26.47, or if a motion is moved under that Standing Order but no decision is taken upon it, the government or the Business Committee must determine (under Standing Orders 11.12 or 11.7(ii) as the case may be) when the motion that the proposed Measure Bill be passed is to be considered in plenary.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.49   A motion that a proposed Measure Bill be passed may not be amended.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.50   No motion that a proposed Measure Bill be passed may be moved unless the text of the proposed Measure Bill is available in both English and Welsh.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.51   No motion under Standing Order 12.31(ii) may be moved in any Stage 4 proceedings.

No amendment necessary

Reconsideration of proposed Measures Bills Passed 

Amend this sub-heading
Replace “proposed Measures” with “Bills”.

26.52   Any Member may, after the proposed Measure Bill is passed, by motion propose that the Assembly reconsider the proposed Measure Bill, or any provision of it, if:

(i)         a question has been referred to the Supreme Court under section 99 112 of the Act;

(ii)        a reference for a preliminary ruling (within the meaning of section 100(1)(b) 113(1)(b) of the Act) has been made by the Supreme Court in connection with that reference; and

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

Amend this Standing Order

·         Replace “proposed Measure” with “Bill”.

·         Replace reference to section 99 of the 2006 Act – which relates to Part 3 provisions – with a reference to the equivalent Part 4 provision under section 112.

·         Replace reference to section 100(1)(b) of the 2006 Act – which relates to Part 3 provisions – with a reference to the equivalent Part 4 provision under section to 113(1)(b).

26.53   Any Member may by motion propose that the Assembly reconsider the proposed Measure Bill if: 

(i)         the Supreme Court decides that the proposed Measure Bill or any provision of it would not be within the legislative competence of the Assembly; or

(ii)        an order is made in relation to the proposed Measure Bill under section 101 114 of the Act. 

Amend this Standing Order

·         Replace “proposed Measure” with “Bill”.

·         Replace reference to section 101 of the 2006 Act – which relates to Part 3 provisions – with a reference to the equivalent Part 4 provision under section 114.

 

26.54   Proceedings at Reconsideration Stage must be considered by the Assembly in plenary. 

No amendment necessary

26.55   A proposed Measure Bill may not be amended at Reconsideration Stage unless in addition to the criteria in Standing Order 26.61, and in the opinion of the Presiding Officer, the amendments are solely for the purpose of resolving the issue which is the subject of:

(i)         the reference to the Supreme Court for a preliminary ruling;   

(ii)        the decision of the Supreme Court; or

(iii)       the Order under section 101 114 of the Act.

Amend this Standing Order

·         Replace “proposed Measure” with “Bill”.

·         Replace reference to section 101 of the 2006 Act – which relates to Part 3 provisions – with a reference to the equivalent Part 4 provision under section 114.

26.56   Any Member may propose that the Assembly approves a proposed Measure Bill amended on reconsideration. Such a motion may not be amended.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

General Provisions in Relation to Amendments to proposed Measures Bills

Amend this sub-heading
Replace “proposed Measures” with “Bills”.

26.57   Standing Orders 26.58 to 26.66 apply to amendments in Stage 2 proceedings, Stage 3 proceedings, Report Stage proceedings or on Reconsideration.

No amendment necessary

26.58   The Presiding Officer must determine the proper form of amendments to a proposed Measure Bill

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.59   No amendment, other than a late amendment, may be considered unless it has been tabled five working days before it is considered.

No amendment necessary

26.60   Any Member may add his or her name to an amendment (other than a late amendment) by notifying the Clerk at any time until the end of the working day before the amendment is due to be considered. 

No amendment necessary

26.61               An amendment is not admissible if:

(i)      it is not in its proper form in accordance with Standing Order 26.58;

(ii)     it is not relevant to the proposed Measure Bill or the provisions of the proposed Measure Bill which it would amend;

(iii)    it is inconsistent with the general principles of the proposed Measure Bill as agreed by the Assembly; or

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

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.62   An amendment may be tabled to an amendment and, if selected, must be disposed of before the amendment which it would amend and Standing Orders 26.57 to 26.66 must apply accordingly.

No amendment necessary

26.63   Subject to Standing Order 26.22, an amendment (other than a late amendment) may be withdrawn by the Member who tabled it at any time before the day on which it is considered but only with the unanimous agreement of any Members who have added their names to the amendment. If such agreement is not obtained, the amendment becomes an amendment in the name of the Member who first added his or her name to the amendment and who does not agree to the amendment being withdrawn.

No amendment necessary

26.64   The chair of a committee considering Stage 2 proceedings or the Presiding Officer, as the case may be, may group amendments for the purposes of debate as he or she sees fit. An amendment debated as part of a group may not be debated again when it comes to be disposed of.

No amendment necessary

26.65   If a Member who tabled an amendment does not move the amendment when that amendment comes to be debated, the amendment may be moved:

(i)      in a committee considering Stage 2 proceedings, by a member of that committee; or

(ii)     in Stage 3 proceedings, Report Stage proceedings or on Reconsideration, by any other Member.

No amendment necessary

26.66   An amendment which has been moved may be withdrawn by the Member who moved it, but only:

 

(i)         in a committee considering Stage 2 proceedings, if no member of that committee objects ; or

 

(ii)       in Stage 3 proceedings, Report Stage proceedings or on Reconsideration, if no Member objects. 

No amendment necessary

Her Majesty’s and Duke of Cornwall’s Consent

No amendment necessary

26.67   If a proposed Measure Bill contains any provision, or is amended so as to include any provision, that would, if contained in a Bill for an Act of the United Kingdom Parliament, require the consent of Her Majesty, or the Duke of Cornwall, the Assembly must not debate the question whether the proposed Measure Bill be passed (or approved following Reconsideration) unless such consent to such a provision has been signified by a member of the government during proceedings on the proposed Measure Bill at a meeting of the Assembly.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

Financial Resolutions

No amendment necessary

26.68   The Presiding Officer must decide in every case whether a financial resolution is required for a proposed Measure Bill under Standing Orders 26.69 to 26.74.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.69               If a proposed Measure Bill contains a provision:

(i)      which charges expenditure on the Welsh Consolidated Fund; or

(ii)     the likely effect of which would be to:

(a)     increase significantly expenditure charged on that Fund;

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

(c)     increase significantly expenditure payable out of that Fund for an existing service or purpose,

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

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.70               If:

(i)      a proposed Measure Bill contains any provision which imposes or increases (or confers a power to impose or increase) any charge, or otherwise requires (or confers a power to require) any payment to be made; and

(ii)     the person to whom the charge or payment is payable is required, by or under section 120(1) of the Act, to pay sums received into the Welsh Consolidated Fund (or would be so required but for any provision made under section 120(2)),

no proceedings may be taken on the proposed Measure Bill at any Stage after Stage 1 unless the Assembly  has by financial resolution agreed to the charge, increase or payment.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.71               Standing Order 26.70: 

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

(ii)     does not apply where the charge, increase in charge or payment is: 

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

 

(b)       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.

No amendment necessary

26.72   Where the effect of an amendment (or amendments) to a proposed Measure Bill if agreed to, would be that the proposed Measure Bill would require a financial resolution which it would not otherwise require, no proceedings may be taken on the amendment (or amendments) unless the Assembly has agreed to a motion for such a financial resolution.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.73   Only a member of the government may move a motion for a financial resolution. Such a motion cannot be amended.

No amendment necessary

26.74               Unless:

(i)      notice of a motion for any financial resolution required in relation to a proposed Measure Bill by Standing Orders 26.69 or 26.70 is tabled within 6 months of the completion of Stage 1; and

(ii)     the motion is agreed to,

the proposed Measure Bill falls.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

Notification of Approved Measures Royal Assent to Acts of the Assembly

Amend this sub-heading
Replace “Approved Measures” with “Royal Assent to Acts of the Assembly”. This change is necessary to reflect the fact that Acts of the Assembly under Part 4 of the Government of Wales Act 2006 receive Royal Assent. This contrasts with Assembly Measures which were given Royal Approval by Her Majesty in Council under Part 3 arrangements.

26.75               The Clerk must notify the Assembly of the date of the approval Royal Assent to of an Assembly Measure Act of the Assembly by Her Majesty in Council.

Amend this Standing Order
These changes are necessary to ensure that Standing Orders adhere to section 115(6) of the Act which states that the Standing Orders must include provision for notification by the Clerk to the Assembly of the date of Royal Assent to an Act of the Assembly.

Fall, Rejection or Withdrawal of Proposed Measures Bills

Amend this sub-heading
Replace “proposed Measures” with “Bills”.

26.76   If a proposed Measure Bill falls or is rejected by the Assembly, no further proceedings may be taken on that proposed Measure Bill and a proposed Measure Bill which, in the opinion of the Presiding Officer, is in the same or similar terms must not be introduced in the same Assembly within the period of 6 months from the date on which the proposed Measure Bill fell or was rejected.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.77   A proposed Measure Bill falls if it has not been passed or approved by the Assembly before the end of the Assembly in which it was introduced.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.78 Approval to introduce a proposed Measure Bill in accordance with Standing Order 26.91 ceases at dissolution.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.79   A proposed Measure Bill may be withdrawn at any time by the Member in charge but must not be withdrawn after completion of Stage 1 except with the agreement of the Assembly.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

Committee proposed Measures Bills

Amend this sub-heading
Replace “proposed Measures” with “Bills”.

26.80               Standing Orders 26.81 to 26.83 apply only to committee proposed Measures Bills.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.81               Any committee may introduce a committee proposed Measure Bill relating to the committee’s remit.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.82               Standing Orders 26.9 to 26.12 do not apply to committee proposed Measures Bills.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.83               At Stage 1, the Member in charge of a committee proposed Measure Bill may table a motion proposing that the Assembly agree to the general principles of the proposed Measure Bill.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

Commission Proposed Measures Bills 

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Replace “proposed Measures” with “Bills”.

26.84               The Commission may introduce a proposed Measure Bill relating to the Commission’s functions. 

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

Member Proposed Measures Bills

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Replace “proposed Measures” with “Bills”.

26.85               Standing Orders 26.86 to 26.94 apply only to Member proposed Measures Bills.

Amend this Standing Order
Replace “proposed Measures” with “Bills”.

26.86   Where a Member was the Member in charge of a Member proposed Order which became an Order in Council made by Her Majesty under section 95109 of the Act, that Member may introduce one Member proposed Measure a Bill relating to that Order within nine months of the Order being made. This does not affect a Member’s right to enter a ballot held under Standing Order 26.87. 

Option to remove this Standing Order

Members of the Third Assembly were able to propose Legislative Competence Orders under Part 3 of the Government of Wales Act 2006. This Standing Order provided that any Member who successfully steered a Legislative Competence Order to Royal Approval would automatically be able to introduce a proposed Measure which related to his or her original Legislative Competence Order.

 

If the Business Committee decides to limit the ability to propose section 109 Orders to the Government and cross-party committees only, this Standing Order will need to be deleted. If the Business Committee decides to retain Member proposed Orders, the changes as marked in the left-hand column will be necessary.

26.87   The Presiding Officer must from time to time hold a ballot to determine the name of a Member, other than a member of the government, who may seek agreement to introduce a Member proposed Measure Bill.  

Amend this Standing Order
Replace “Member proposed Measure” with “Bill”.

26.88  The Presiding Officer must include in the ballot the names of all those Members who have applied to be included and who have tabled the pre-ballot information required by Standing Order 26.90.

No amendment necessary

26.89  No Member who has previously had agreement to introduce a Member proposed Measure Bill in that Assembly may apply to be included in the ballot.  

Amend this Standing Order
Replace “Member proposed Measure” with “Bill”.

26.90   The required pre-ballot information is:

(i)      the proposed title of the proposed Measure Bill; and

(ii)     an Explanatory Memorandum which must contain:

(a)     the policy objectives of the proposed Measure Bill; and

(b)     details of any support received for the proposed Measure Bill, including details of any consultation carried out.

 

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.91 A Member who is successful in a ballot may within 25 working days of the date of the ballot table a motion seeking the Assembly’s agreement to introduce a Member proposed Measure Bill to give effect to the pre-ballot information tabled under Standing Order 26.90.

Amend this Standing Order
Replace “Member proposed Measure” with “Bill”.

26.92  Time must be made available for a motion tabled under Standing Order 26.91 to be debated within 35 working days of the date of the ballot (not counting working days in a non-sitting week).

No amendment necessary

26.93  If a motion under Standing Order 26.91 is agreed to, then the Member who has had agreement to introduce a proposed Measure Bill may within nine months of the motion being agreed introduce a Member proposed Measure Bill to give effect to the pre-ballot information tabled under Standing Order 26.90.

Amend this Standing Order
Replace “Member proposed Measure” with “Bill”.

26.94   If a motion under Standing Order 26.91 is disagreed to, then no Member may enter any ballot held under Standing Order 26.87 for a period of six months after the motion has been disagreed to if the policy objectives of the proposed Measure Bill which he or she seeks agreement to introduce are substantially the same as those of the proposed Measure Bill referred to in the motion which has been disagreed to.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

Government Proposed Emergency Measures Bills

Amend this sub-heading
Replace “proposed Measures” with “Bills”.

26.95 If it appears to a member of the government that an Emergency proposed Measure Bill is required, he or she may by motion propose that a government proposed Measure Bill, to be introduced in the Assembly, be treated as a government proposed Emergency Measure Bill.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.96 A motion under Standing Order 26.95 may also propose that a government proposed Emergency Measure Bill may be introduced without the Explanatory Memorandum required by Standing Order 26.6.  

 

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.97 A government proposed Emergency Measure Bill must, on its introduction, be accompanied by a statement from the Member in charge that, in his or her view, the provisions of the proposed Measure Bill would be within the legislative competence of the Assembly.

 

 

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.98   If the Assembly agrees to a motion under Standing Order 26.95:

(i)      the provisions of Standing Orders 26.99 to 26.104 must apply to such a proposed Measure Bill; and

(ii)     the Member in charge must propose the timetable for consideration of Stages 1 to 4 (or any Reconsideration Stage) of the government proposed Emergency Measure Bill.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.99 A motion under Standing Order 26.98(ii) may propose that all stages be taken on a single working day in a sitting week.   

No amendment necessary

26.100 The Member in charge may make such subsequent changes to a timetable established under Standing Order 26.98(ii) as he or she considers appropriate, but must give reasons for such changes.

No amendment necessary

26.101 Standing Orders 26.7 to 26.12, 26.16 to 26.18, 26.28 to 26.30, 26.45 and 26.46, 26.50 and 26.59 do not apply in relation to government proposed Emergency Bills Measures.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.102 At Stage 1, the Member in charge must table a motion proposing that the Assembly agree to the general principles of the government proposed Emergency Bill Measure.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.

26.103 Stage 2 must be considered by a Committee of the Whole Assembly, to be chaired by the Presiding Officer. The Presiding Officer or Deputy may vote in such proceedings only when exercising a casting vote in accordance with Standing Order 6.20. 

No amendment necessary

26.104 When a Member intends to table an amendment to a government proposed Emergency Bill Measure, he or she must give such notice of that amendment as the Presiding Officer may determine for that Stage.

Amend this Standing Order
Replace “proposed Measure” with “Bill”.