STANDING ORDER 25
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Amend these Standing Orders Standing Orders 25.26 – 25.34 provided procedures for Members of the Third Assembly to propose Legislative Competence Orders under Part 3 of the Government of Wales Act 2006.
Given that the Assembly is now able to legislate within the 20 subject areas listed in schedule 7 to the Act, it is anticipated that the need to bring forward Orders in Council to amend Schedule 7 is likely to be reduced in comparison with the level of Legislative Competence Orders brought forward during the Third Assembly to amend schedule 5.
The new draft SOs provide a mechanism for Members other than Members of the Government to table a motion proposing that the Welsh Government should bring forward a proposed Order.
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25.26
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Delete this Standing Order
This Standing Order is no longer necessary |
25.27
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Replace
this Standing Order |
25.28 |
Replace
this Standing Order
This both prevents spurious motions being tabled, and ensures that sufficient information is made available so that other Members can come to an informed decision about whether to support the motion or not. |
25.29
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Replace this Standing Order
It is proposed that a motion must achieve a certain level of support, both in terms of absolute number of Members and cross-party support, before Business Committee has to refer the motion to a committee or committees for detailed consideration.
That support could either be made clear at the time of tabling, or could result from Members adding their names to the motion after it has been tabled.
A total of ten Members representing three different parties is suggested as a starting point for discussion.
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25.30 |
Replace this Standing Order
This Standing Order ensures that the proposal is reported on within a reasonable timeframe, and is given appropriate priority by the committee or committees in question. |
25.30A Time must be made available for a motion referred to a committee or committees under Standing Order 25.29 to be debated, and such a motion cannot be moved until either:
(i) the committee or committees have reported in accordance with Standing Order 22.59; or
(ii) the deadline by which the committee or committees are required to report in accordance with Standing Order 25.30 has been reached.
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Introduce New Standing Order
This Standing Order ensures that the proposal for an Order can be properly considered and scrutinised by the committee(s) in question before the motion calling on the Government to lay a proposed Order is debated.
The Committee’s report will inform Members’ consideration of the motion.
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25.31 |
Replace this Standing Order The new Standing Order ensures as much clarity as possible in the motion passed, while allowing the motion to be amended in light of the committee’s report. The new Standing Order gives the Presiding Officer discretion in the selection of amendments, and mirrors a similar provision which was in place during the Third Assembly for draft Orders. |
25.32 |
Delete this Standing Order
Delete this Standing Order |
25.33
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Delete
this Standing Order |
25.34
If a motion under Standing Order 25. |
Amend
this Standing Order |
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STANDING ORDER 26 – Acts of the Assembly |
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26.86 Where a Member |
Amend or Delete 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.
Business Committee will need to consider whether the same provision to introduce a related Bill should apply in the case of a Member tabling a motion which initiated a section 109 Order.
Unlike Member proposed LCOs during the Third Assembly, the Order in this case will in fact be taken forward by the Welsh Government. It is possible that the final Order will be very different to the one originally intended by the individual Member. Subjects could have been added to or removed from the Order, the meaning of ‘related to’ could be difficult to define.
On the other hand, removing the provision may have the effect of being a disincentive to an individual Member initiating an Order.
Should Business Committee decide that such a provision should not be included, then this SO will need to be deleted. |
STANDING ORDER 24 – Definition of Member in Charge of Legislation |
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Member |
Amend Sub-heading
Replace “Legislation” with “Bills” |
24.14 |
Amend this Standing Order
Replace “legislation” with “Bills” Replace “is” with “are” |
24.15 The Member in charge of
(i) the Member (ii) another Member authorised by the Member under Standing Order 24.15(i), by means of a statement to that effect laid by that Member; or (iii) if no such authorisation is made, any Member authorised by the Assembly. |
Amend this Standing Order
As Members will no longer be able to introduce proposed or draft Orders, this Standing Order required amending to reflect the fact that Bills will now be the only type of Member Legislation.
Should Business Committee decide that a Member who initiated an Order should have the right to introduce a Bill under Standing Order 26.86, then this Standing Order will need to be amended further to refer to SO 26.86.
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24.16 A Member may transfer |
Amend this Standing Order
Replace “an item of Member legislation” with “a Bill” |
24.17 When a Member transfers |
Amend this Standing Order
Replace “an item of Member legislation” with “a Bill” Replace “item of legislation” with “Bill” Replace “an item of government legislation” with “a government Bill” |