STANDING ORDER 26 – |
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STANDING ORDER 26 –
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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 |
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 |
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
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Amend this Standing Order Replace “proposed Measure” with “Bill”. |
26.3 A |
Amend this Standing Order Replace “proposed Measure” with “Bill”. |
26.4 A
(i) indicate whether or
not the provisions of the
(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
(i) when, in respect of a government
(ii) when not doing so is in accordance with determinations issued by the Presiding Officer under Standing Order 26.3.
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Amend this Standing Order Replace “proposed Measure” with “Bill”. |
Documentation to Accompany a |
Amend this sub-heading Replace “proposed Measure” with “Bill”. |
26.6 At the same time as the Member in
charge introduces a
(i) state that in his or her view the
provisions of the
(ii) set out the policy objectives of the
(iii) set out whether alternative ways of
achieving the policy objectives were considered and, if so, why the
approach taken in the (iv) set out the consultation, if any, which was undertaken on:
(a) the policy objectives of the
(b) the detail of the together with a summary of the outcome of that consultation;
(v) summarise objectively what each
of the provisions of the (vi) set out the best estimates of:
(a)
the gross administrative, compliance and other costs to which the
provisions of the (b) the timescales over which such costs would be expected to arise; and
(c) on whom the costs would fall;
(vii) where the (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 |
Amend this Standing Order Replace “proposed Measure” with “Bill”. |
Timetable for Consideration of a |
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 |
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 |
Amend this Standing Order Replace “proposed Measure” with “Bill”. |
26.10 If the Business Committee agrees under Standing
Order 26.9 to refer the |
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 (ii) the deadline by which the responsible committee is required to report has been reached,
the Member in charge of the
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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
|
Amend this Standing Order Replace “proposed Measure” with “Bill”. |
26.13 If the Assembly agrees to the general principles
of the |
Amend this Standing Order Replace “proposed Measure” with “Bill”. |
26.14 If the Assembly does not agree to the general
principles of the
|
Amend this Standing Order Replace “proposed Measure” with “Bill”. |
26.15 Stage 1 is completed when the general principles
of the |
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 |
Amend this Standing Order Replace “proposed Measure” with “Bill”. |
26.18 If the Assembly has agreed to the
(i) refer the
(ii) refer the (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 |
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 |
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.
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No amendment necessary |
26.24
Where any amendment is tabled to a section or schedule of
the |
Amend this Standing Order |
26.25 If no amendment is tabled to a section or
schedule of the |
Amend this Standing Order |
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 |
Amend this Standing Order |
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 |
Amend this Standing Order |
26.32 A |
Amend this Standing Order |
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 |
Amend this Standing Order |
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 |
Amend this Standing Order |
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
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Amend this Standing Order |
26.42
Where any amendment is tabled to a section or schedule of
the |
Amend this Standing Order |
26.43 If no amendment is tabled to a section or
schedule of the |
Amend this Standing Order |
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 |
Amend this Standing Order |
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 |
Amend this Standing Order |
26.49 A motion that a |
Amend this Standing Order |
26.50 No motion that a |
Amend this Standing Order |
26.51 No motion under Standing Order 12.31(ii) may be moved in any Stage 4 proceedings. |
No amendment necessary |
Reconsideration of |
Amend this sub-heading |
26.52 Any Member may, after the
(i) a question has been
referred to the Supreme Court under section
(ii) a reference for a
preliminary ruling (within the meaning of section (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
(i) the Supreme Court
decides that the
(ii) an order is made in
relation to the |
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.
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26.54 Proceedings at Reconsideration Stage must be considered by the Assembly in plenary. |
No amendment necessary |
26.55 A (i) the reference to the Supreme Court for a preliminary ruling; (ii) the decision of the Supreme Court; or
(iii) the Order under section
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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 |
Amend this Standing Order |
General Provisions in Relation to Amendments to
|
Amend this sub-heading |
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 |
Amend this Standing Order |
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
(iii) it is inconsistent with the general principles
of the (iv) it is inconsistent with a decision already taken at the Stage at which the amendment is proposed. |
Amend this Standing Order |
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 |
Amend this Standing Order |
Financial Resolutions |
No amendment necessary |
26.68 The Presiding Officer must decide in every case
whether a financial resolution is required for a |
Amend this Standing Order |
26.69
If a (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 |
Amend this Standing Order |
26.70 If:
(i) a (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 |
Amend this Standing Order |
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 |
Amend this Standing Order |
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 (ii) the motion is agreed to,
the |
Amend this Standing Order |
Notification of |
Amend this sub-heading |
26.75
The Clerk must notify the Assembly of the date of |
Amend this Standing Order |
Fall, Rejection or Withdrawal of |
Amend this sub-heading |
26.76 If a |
Amend this Standing Order |
26.77 A |
Amend this Standing Order |
26.78 Approval to introduce a |
Amend this Standing Order |
26.79 A |
Amend this Standing Order |
Committee |
Amend this sub-heading |
26.80
Standing Orders 26.81 to 26.83 apply only to committee
|
Amend this Standing Order |
26.81
Any committee may introduce a committee |
Amend this Standing Order |
26.82
Standing Orders 26.9 to 26.12 do not apply to committee
|
Amend this Standing Order |
26.83
At Stage 1, the Member in charge of a committee
|
Amend this Standing Order |
Commission |
Amend this sub-heading |
26.84
The Commission may introduce a |
Amend this Standing Order |
Member |
Amend this sub-heading |
26.85
Standing Orders 26.86 to 26.94 apply only to Member
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Amend this Standing Order |
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 |
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
|
Amend this Standing Order |
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 |
Amend this Standing Order |
26.90 The required pre-ballot information is:
(i) the proposed title of the
(ii) an Explanatory Memorandum which must contain:
(a) the policy objectives of the
(b) details of any support received for
the
|
Amend this Standing Order |
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 |
Amend this Standing Order |
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
|
Amend this Standing Order |
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 |
Amend this Standing Order |
Government |
Amend this sub-heading |
26.95 If it appears to a member of the government that an Emergency
|
Amend this Standing Order |
26.96 A motion under Standing Order 26.95 may also propose that a
government
|
Amend this Standing Order |
26.97 A government
|
Amend this Standing Order |
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
(ii) the Member in charge must propose the
timetable for consideration of Stages 1 to 4 (or any
Reconsideration Stage) of the government |
Amend this Standing Order |
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 |
Amend this Standing Order |
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 |
Amend this Standing Order |
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 |
Amend this Standing Order |