National
Assembly for Wales
Business Committee
September 2013
Amending Standing Orders: Legislative Consent to Statutory
Instruments made by UK Ministers and Private Bills
Purpose
1.
In
accordance with Standing Order 11.7(iv), the Business Committee is
responsible for making recommendations on the general practice and
procedures of the Assembly, including any proposals for the
re-making or revision of Standing Orders.
2.
The
report proposes to amend Standing Order 29 to include a provision
for giving consent to relevant UK Private Bills, and to and
introduce a new Standing Order 30A on legislative consent to
statutory instruments made by UK Ministers. The changes agreed by
Business Committee are found in Annexes A and C, and the proposal
for a new Standing Order at Annexes B and D.
Background
3.
In
March 2012, the Constitutional and Legislative Affairs Committee
published its report ‘Inquiry into powers granted to Welsh
Ministers in UK Laws’. Several of the Committee’s
recommendations called for amendments to the Assembly’s
Standing Orders, and so required a response by the Business
Committee.
4.
The
Business Committee reported in April on changes to Standing Orders
29 and 30 that would implement recommendations 5, 6 and 7 of the
CLAC report. These changes were formally agreed to by the Assembly
on 1 May 2013.
5.
The
Business Committee noted in that report that it would consider
amendments to Standing Orders that will put into effect
CLAC’s recommendation 11 on giving consent to statutory
instruments made by UK Ministers, in due course. It also indicated
that it would return to the matter of whether UK Private Bills
could be included within the scope of Standing Order 29.
6.
On the
18 June and 2 July, Business Committee considered proposals to
introduce a new Standing Order 30A on legislative consent to
statutory instruments made by UK Ministers. The Business Committee
also considered proposals to amend Standing Order 29 to introduce a
provision for giving consent to relevant UK Private
Bills.
7.
On 16
July, Business Managers agreed in principle to the proposed
changes. Given that the procedure introduced by Standing Order 30A
would be new, the Business Committee agreed to review the
functioning of the procedure in light of experience in a
year’s time. The Standing Order puts in place a procedure
similar to that for LCMs under Standing Order 29, but in relation
to statutory instruments rather than Bills.
8.
Business Managers
also agreed in principle to amend Standing Order 29, so as to bring
UK Private Bills which make relevant provision within its
scope.
Recommendation 11
9.
The
CLAC report’s recommendation 11 called on the
Assembly’s Standing Orders to be amended:
·
to require the Welsh Government to seek the consent of the Assembly
to any subordinate legislation made by UK Ministers alone that has
an impact on the Assembly’s legislative competence;
and
·
so that procedures for considering subordinate legislation are
extended along the lines of the temporary procedure recently agreed
by the Business Committee for considering Public Bodies Act
Orders.
10.
Discussion between
Business Committee Secretariat and Welsh Government officials led
to consideration of the practical difficulties that requiring
consent for all UK subordinate legislation within the
Assembly’s competence would have. Such a change would also
require the consent of the Wales Office.
11.
However, DGN9
already states that the Assembly’s agreement should be sought
for any subordinate legislation made by UK Ministers that amends
primary legislation within the Assembly’s competence, such as
Orders made under the Public Bodies Act or the Legislative and
Regulatory Reform Act. Thus far, the Assembly has used a temporary
procedure agreed by Business Committee for considering such
Orders.
12.
The
Business Committee therefore agreed that the temporary procedure be
formalised through amendments to Standing Orders.
The
Proposed Procedure
13.
The
proposed procedure as set out in Annexes A and B, follows closely
the model of the temporary procedure, which was itself based on the
model of Standing Order 29 on consent in relation to UK
Bills.
14.
The
essential points of the procedure are:
·
The Government will lay a Statutory Instrument Consent Memorandum
in relation to a relevant (draft) Statutory Instrument within three
days of it being laid in the UK Parliament;
·
Along with Memorandum, the Government will lay a copy of the
(draft) Statutory Instrument, along with any supporting material
(such as Explanatory Memorandums, Regulatory Impact Assessments
etc) prepared by UK Ministers;
·
Each
Memorandum will be referred automatically to the Constitutional and
Legislative Affairs (CLA) Committee for consideration. The CLA
Committee may, if it considers it necessary, invite other
committees to consider an Order;
·
CLA and any other Committee it asks to do so, may report to the
Assembly within 35 days (excluding recess) of the Memorandum being
laid;
·
After a Memorandum has been laid, any Member may table a Statutory
Instrument Consent Motion seeking the Assembly‘s consent to
the relevant provision in the relevant (draft) Statutory
Instrument;
·
The
Motion will not be debated in Plenary until after the CLA and any
other committee has reported.
15.
The
proposed Standing Orders require that the Government lay a
memorandum for all SIs and draft SIs that amend primary legislation
within the Assembly’s competence.
UK Private Bills
16.
At its
meeting held in public on Monday 18 March, the Business Committee
considered changes to the Standing Orders that would implement
recommendations 5, 6 and 7 of the Constitutional and Legislative
Affairs Committee report on Powers to Welsh Ministers in UK
Bills.
17.
At
that meeting, the Committee heard from the Minister for Government
Business that the inter-governmental agreement required to
effectively implement all the proposed changes had not thus far
been forthcoming. That relates to the proposals to require an LCM
for provisions in UK Bills which modify the powers of Welsh
Ministers, and to extend the LCM provisions to include UK Private
Bills.
18.
The
Business Committee agreed to investigate the possibility of
establishing an inter-Parliamentary procedure for those rare
occasions where UK Private Bills make provision within the
Assembly’s legislative competence.
19.
Discussions
between the Business Committee Secretariat and colleagues at
Westminster established that the Assembly can be informed at an
early stage of any relevant Private Bills by the House authorities,
making it possible for a Memorandum to be laid before the Assembly
by the Presiding Officer.
20.
The
draft Standing Order 29.2B provides for a process whereby the
Presiding Officer lays a memorandum in relation to a relevant UK
Private Bill. The Presiding Officer’s memorandum would not
set out whether she believed it was appropriate for the provision
to be made or not.
21.
As is
the case for other Legislative Consent Memoranda, it would be open
to any Member to table a motion that consent be given, and a Member
wishing to do so would table a memorandum of their own under the
proposed Standing Order 29.2C including an explanation of why it is
considered appropriate for that provision to me made.
Action
22.
The Business
Committee agreed the changes to Standing Orders on 24 September
2013 and the Assembly is invited to approve the proposals as at
Annexes B and D.
Annex A
|
STANDING ORDER 30A –Consent in Relation to Statutory
Instruments made by UK Ministers
|
New Standing Order
|
|
Subordinate Legislation made by UK Ministers Making Provision
Requiring the Assembly’s Consent
|
|
|
30A.1 In Standing Order 30A, “relevant statutory
instrument” means a statutory instrument or draft statutory
instrument laid before the UK Parliament by UK Ministers which
makes provision (“relevant provision”) in relation to
Wales amending primary legislation within the legislative
competence of the Assembly (apart from incidental,
consequential, transitional, transitory, supplementary or savings
provisions relating to matters that are not within the legislative
competence of the Assembly);.
|
New Standing Order
The draft SO defines a ‘relevant statutory instrument’
as one which makes provision to amend primary legislation within
the Assembly’s legislative competence.
Devolution
Guidance Notice 9 already includes a commitment by the UK
Government to seek the Assembly’s consent on any SIs which
amend primary legislation within the Assembly’s competence.
This SO therefore puts in place a process for the Assembly to
consider and consent to such SIs.
|
|
Statutory
Instrument
Consent Memorandum
|
New Heading
|
|
30A.2 A member of the government must lay a
memorandum (“a statutory instrument consent
memorandum”) in relation to any relevant statutory instrument
laid before the UK Parliament by UK Ministers, normally no later
than three days after it is laid before the UK
Parliament.
|
New Standing Order
This new Standing Order sets out that the Welsh Government must lay
a legislative consent memorandum in relation to relevant UK
subordinate legislation, in the same was as it does for Bills under
SO29.
A tighter deadline is proposed for laying a memorandum here,
compared to SO29. This is due to the tighter timeframe for
approving SIs compared to Bills.
|
|
30A.3 Any member, other than a member of the
government, who intends to table a statutory instrument consent
motion in relation to a relevant statutory instrument must first
lay a statutory instrument consent memorandum, but must not
normally do so until after a member of the government has laid a
statutory instrument consent memorandum in respect of that
statutory instrument.
|
New Standing Order
The Government must lay a memorandum whether they intend to table a
motion or not. Other members, however, may only lay a memorandum if
they intend to table a motion.
This Standing Order is consistent with the new procedure set out in
SO29.
|
|
30A.4 A statutory instrument consent memorandum must:
(i)
summarise the objective of the statutory instrument;
(ii)
specify the extent to which the statutory instrument makes (or
would make) relevant provision;
(iii)
explain whether it is considered appropriate for that provision to
be made and for it to be made by means of the statutory
instrument;
(iv)
where a statutory instrument consent memorandum has already been
laid in relation to the same provisions in the same statutory
instrument set out how and why the new memorandum differs from the
previous memorandum.
|
New Standing Order
This draft new SO replicates the current provisions of SO29.3 in
relation to UK Bills, as well as the requirements of the temporary
procedure agreed by the Business Committee in relation to Public
Bodies Act Orders.
|
|
30A.5 At the same time as it lays a statutory instrument consent
memorandum, the government must also lay the statutory instrument
or draft statutory instrument and any supporting material,
including Explanatory Memoranda and Regulatory Impact Assessments,
prepared by UK Ministers.
|
New
Standing Order
The laying of such documents was required by the temporary
procedure agreed by Business Committee in relation to Public Bodies
Act Orders and will inform the committee scrutiny of the
memorandum.
|
|
30A.6
Any statutory instrument consent memorandum may be considered by
the committee responsible for the functions specified in Standing
Order 21.7 (referred to within Standing Order 30A as “the
responsible committee”).
|
New Standing Order
In line with the temporary procedure, this draft SO means that any
Memoranda tabled under this Standing Order are automatically
referred to the Constitutional and Legislative Affairs Committee.
This is in line with the temporary procedure and reflects the
tighter deadlines required for reporting on Orders compared to
Bills. .
Referring the SIs automatically to the CLA allows the committee and
its staff to start working on the memorandum immediately, without
having to wait for it to be referred by Business
Committee
|
|
30A.7 The responsible committee may invite other
committees also to consider a memorandum.
|
New
Standing Order
In line with the temporary procedure, the CLA may – if it
considers it necessary – invite other committees to consider
a memorandum tabled under this Standing Order.
|
|
30A.8 The responsible committee and any other committee
considering the memorandum must report to the Assembly within 35
days of the memorandum being laid, unless the Business Committee
establishes and publishes a different timetable providing for a
longer period.
|
New
Standing Order
The temporary procedure states 35 days, which may be extended at
the Government’s discretion or at the request of the
committee.
The draft SO allows Business Committee to extend the period by
publishing a timetable, but not to shorten it.
|
|
30A.9 In calculating for the purposes of Standing Order 30A.8 a
period of days, no account is to be taken of any time during which
the Assembly is dissolved or in recess for more than 4
days.
|
New Standing Order
This SO makes clear that the 35 days does not include periods when
the Assembly is not sitting.
|
|
Statutory Instrument Consent Motion
|
|
|
30A.10 After a statutory instrument consent memorandum has been
laid, any member may, subject to Standing Order 30A.3 table a
motion (“a statutory instrument consent motion”)
seeking the Assembly’s agreement to the inclusion of a
relevant provision in a relevant statutory instrument.
|
New Standing Order
This new Standing Order duplicates the provisions of SO
29.6.
The temporary procedure compelled the government to lay a motion at
the same time as it laid the memorandum. However, given the changes
that have been made to SO29 since then, it is considered
appropriate that the new provisions in relation to subordinate
legislation follow the same principle as those for
Bills.
|
|
30A.11 The Assembly must consider a statutory instrument consent
motion which has been tabled.
|
New Standing Order
This replicates the provision in SO29 in relation to UK
Bills.
|
|
30A.12 A statutory instrument consent motion must not be debated
until after the responsible committee and any other committee
considering the statutory instrument consent memorandum has
reported in accordance with Standing Order 30A.8.
|
New Standing Order
The temporary procedure states 40 days after the Order was laid,
i.e. five days longer than the committee has to report. The draft
SO replicates the provision of SO29 in stating that the motion may
not be considered until after the committee has
reported.
|
|
Conforming with Acts of Parliament
|
|
|
30A.13 Where procedures for gaining the Assembly’s consent to
a statutory instrument are set out in an Act of Parliament, the
Business Committee may adapt the procedure set out in Standing
Order 30A as required in order conform with the relevant
Act.
|
New
Standing Order
None of the three cases highlighted in the CLA report: the Public
Bodies Act 2011, the Regulatory Enforcement and Sanctions Act 2008,
or the Legislative and Regulatory Reform Act 2006 specify how the
Assembly should give its consent to draft Orders brought forward by
UK Ministers. However, it is possible that a future Act may do
so.
This Standing Order allows Business Committee to adapt the
procedure where necessary to conform with the requirements of such
an Act.
|
CONSEQUENTIAL CHANGES
|
STANDING ORDER 21
– Constitutional and Legislative Affairs
|
|
|
Functions
|
|
|
21.7 A responsible committee may consider
and report on:
(i) any other subordinate
legislation laid before the Assembly other than that subject to
Special Assembly Procedure under Standing Order 28;
(ii) the appropriateness of
provisions in Assembly Bills and in Bills for Acts of the United
Kingdom Parliament that grant powers to make subordinate
legislation to the Welsh Ministers, the First Minister or the
Counsel General;
(iii) any statutory instrument consent
memorandum laid in relation to a relevant statutory instrument
under Standing Order 30A;consequences for legislation
subject to the consideration of the Assembly of draft orders Part 1
of the Legislative and Regulatory Reform Act 2006;
(iv) the exercise of commencement powers by
the Welsh Ministers;
(v) any legislative matter of a
general nature within or relating to the competence of the Assembly
or Welsh Ministers; or
(vi) draft legislation which is the subject
of consultation.
|
Amend this Standing Order
This amendment broadens the enabling power of a committee
designated under SO21 to consider and report on SIs requiring the
Assembly’s consent under any Act of Parliament, and not just
those under Part 1 of the Legislative and Regulatory Reform Act
2006.
|
Annex B
STANDING ORDER 30A
–Consent in Relation to Statutory Instruments made by UK
Ministers
Subordinate
Legislation made by UK Ministers Making Provision Requiring the
Assembly’s Consent
30A.1
In Standing Order 30A, “relevant statutory instrument”
means a statutory instrument or draft statutory instrument laid
before the UK Parliament by UK Ministers which makes provision
(“relevant provision”) in relation to Wales amending
primary legislation within the legislative competence of the
Assembly.
Statutory
Instrument Consent Memorandum
30A.2
A member of the government must lay a memorandum (“a
statutory instrument consent memorandum”) in relation to any
relevant statutory instrument laid before the UK Parliament by UK
Ministers, normally no later than three days after it is laid
before the UK Parliament.
30A.3
Any member, other than a member of the government, who intends to
table a statutory instrument consent motion in relation to a
relevant statutory instrument must first lay a statutory instrument
consent memorandum, but must not normally do so until after a
member of the government has laid a statutory instrument consent
memorandum in respect of that statutory instrument.
30A.4 A statutory
instrument consent memorandum must:
(i)
summarise the
objective of the statutory instrument;
(ii)
specify the extent
to which the statutory instrument makes (or would make) relevant
provision;
(iii)
explain whether it
is considered appropriate for that provision to be made and for it
to be made by means of the statutory instrument;
(iv)
where
a statutory instrument consent memorandum has already been laid in
relation to the same provisions in the same statutory instrument
set out how and why the new memorandum differs from the previous
memorandum.
30A.5
At the same time as it lays a statutory instrument consent
memorandum, the government must also lay the statutory instrument
or draft statutory instrument and any supporting material,
including Explanatory Memoranda and Regulatory Impact Assessments,
prepared by UK Ministers.
30A.6
Any
statutory instrument consent memorandum may be considered by the
committee responsible for the functions specified in Standing Order
21.7 (referred to within Standing Order 30A as “the
responsible committee”).
30A.7
The responsible committee may invite other committees also to
consider a memorandum.
30A.8
The responsible committee and any other committee considering the
memorandum must report to the Assembly within 35 days of the
memorandum being laid, unless the Business Committee establishes
and publishes a different timetable providing for a longer
period.
30A.9
In calculating for the purposes of Standing Order 30A.8 a period of
days, no account is to be taken of any time during which the
Assembly is dissolved or in recess for more than 4 days.
Statutory
Instrument Consent Motion
30A.10After a
statutory instrument consent memorandum has been laid, any member
may, subject to Standing Order 30A.3, table a motion (“a
statutory instrument consent motion”) seeking the
Assembly’s agreement to the inclusion of a relevant provision
in a relevant statutory instrument.
30A.11The Assembly
must consider a statutory instrument consent motion which has been
tabled.
30A.12A statutory
instrument consent motion must not be debated until after the
responsible committee and any other committee considering the
statutory instrument consent memorandum has reported in accordance
with Standing Order 30A.8
Conforming with
Acts of Parliament
30A.13Where
procedures for gaining the Assembly’s consent to a statutory
instrument are set out in an Act of Parliament, the Business
Committee may adapt the procedure set out in Standing Order 30A as
required in order conform with the relevant Act.
CONSEQUENTIAL
CHANGES
STANDING ORDER 21
– Constitutional and Legislative Affairs
Functions
21.7 A
responsible committee may consider and report on:
(i)
any other subordinate legislation laid before the Assembly other
than that subject to Special Assembly Procedure under Standing
Order 28;
(ii)
the appropriateness of provisions in Assembly Bills and in Bills
for Acts of the United Kingdom Parliament that grant powers to make
subordinate legislation to the Welsh Ministers, the First Minister
or the Counsel General;
(iii) any
statutory instrument consent memorandum laid in relation to a
relevant statutory instrument under Standing Order 30A;
(iv)
the exercise of commencement powers by the Welsh
Ministers;
(v)
any legislative matter of a general nature within or relating to
the competence of the Assembly or Welsh Ministers; or
(vi)
draft legislation which is the subject of consultation.
Annex C
|
STANDING ORDER 29 – Consent in relation to UK Parliament
Bills
|
|
|
UK Parliament Bills Making Provision Requiring the Assembly’s
Consent
|
No amendment necessary
|
|
29.1 In Standing Order 29, “relevant
Bill” means a Bill under consideration in the UK Parliament
which makes provision (“relevant provision”) in
relation to Wales:
(i)
for any purpose within the legislative competence of the Assembly
(apart from incidental, consequential, transitional, transitory,
supplementary or savings provisions relating to matters that are
not within the legislative competence of the Assembly);
or
(ii)
which modifies the legislative competence of the
Assembly.
|
No amendment necessary
|
|
Legislative Consent Memorandum
|
No amendment necessary
|
|
29.2 A member of the government must lay a
memorandum (“a legislative consent memorandum”) in
relation to:
(i) any UK Government Bill that is a
relevant Bill on its introduction to the first House, normally no
later than 2 weeks after introduction;
(ii) any UK Private Member’s Bill
that was a relevant Bill on introduction and remains a relevant
Bill after the first amending stage in the House in which it was
introduced, normally no later than 2 weeks after it completes that
stage;
(iii) any Bill introduced into the UK Parliament that,
by virtue of amendments:
(a) agreed to; or
(b) tabled by a Minister of the Crown or
published with the name of a Minister of the Crown in
support,
in either House, makes (or would make) relevant provision for the
first time or beyond the limits of any consent previously given by
the Assembly, normally no later than two weeks after the amendments
are tabled or agreed to.
|
No amendment necessary
|
|
29.2A Any member, other than a member of the government,
who intends to
table a legislative consent motion in relation to a relevant Bill
must first lay a legislative consent memorandum, but must not
normally do so until after a member of the government has laid a
legislative consent memorandum in respect of that Bill.
|
No
amendment necessary
|
|
29.2B
The
Presiding Officer must lay a legislative consent
memorandum
in relation to any UK Private Bill that is a relevant Bill on its
introduction to the first House, normally no later than 2 weeks
after introduction.
|
Insert
new Standing Orders
The new Standing Order provides for the Presiding Officer to lay a
memorandum in relation to any UK Private Bill that is a relevant
Bill.
Discussions with colleagues at Westminster have established that
the Assembly can be informed at an early stage of any relevant
Private Bills by the House authorities, making it possible for a
Memorandum to be laid before the Assembly by the Presiding Officer.
As is the case for other Legislative Consent Memoranda, it would be
open to any Member to table a motion that consent be given. The
Assembly’s consent would then be communicated to the UK
Parliament via a letter from Clerk to Clerk.
|
|
29.2C
Any member, other than the Presiding Officer,
who intends to
table a legislative consent motion in relation to a relevant
Private Bill must first lay a legislative consent memorandum, but
must not normally do so until after the Presiding Officer has laid
a legislative consent memorandum in respect of that Private
Bill.
|
Insert
new Standing Order
The new Standing Order allows other Members to table a motion in
relation to a UK Private Bill, but first they must lay a
memorandum
of their own, as they must do in relation to other relevant Bills
under SO29.2A. The memorandum laid by the Member must
explain
why it is considered appropriate for that provision to be made and
for it to be made by means of the Bill.
|
|
29.3 A legislative consent memorandum
must:
(i)
summarise the policy objectives of the Bill;
(ii)
specify the extent to which the Bill makes (or would make) relevant
provision;
(iii)
explain whether it is considered appropriate for that provision to
be made and for it to be made by means of the Bill.
(iv)
where the Bill contains any relevant provision
conferring power to make subordinate legislation on Welsh
Ministers, set out the Assembly procedure (if any) to which the
subordinate legislation to be made in the exercise of the power is
to be subject; and
(v)
where a legislative consent memorandum has already been laid in
relation to the same provisions in the same Bill, set out how and
why the new memorandum differs from the previous
memorandum.
|
No amendment necessary
|
|
29.3A Standing Order 29.3(iii) does not apply to a memorandum
laid by the Presiding Officer under
Standing Order 29.2B.
|
New
Standing Order
The purpose of the memorandum laid by the Presiding Officer under
Standing Order 29.2B will be to inform the Assembly of the Private
Bill and the relevant provisions it makes. It will not be for the
Presiding Officer to take a view on whether
appropriate for that provision to be made and for it to be made by
means of
the
Bill. That judgement will be made by any Member who decides to
table a motion, who must explain in their memorandum under 29.2C
why they consider it appropriate for that provision to be made and
for it to be made by means of the Bill
|
|
29.4 The Business Committee
must:
(i)
normally refer any legislative consent memorandum to a committee or
committees for consideration; and
(ii)
establish and publish a timetable for the committee or committees
to consider and report on it.
|
No amendment necessary
|
|
29.5 [Standing Order removed by resolution of
the Assembly on 01 May 2013]
|
No amendment necessary
|
|
Legislative Consent Motion
|
No amendment necessary
|
|
29.6 After a legislative consent memorandum
has been laid, any member may, subject to Standing Orders
29.2A and 29.2C, table a motion (“a legislative
consent motion”) seeking the Assembly’s agreement to
the inclusion of a relevant provision in a relevant
Bill.
|
Amend
Standing Order
Standing
Order amended to include new Standing Order 29.2C.
|
|
29.7 The Assembly must consider a legislative
consent motion which has been tabled.
|
No amendment necessary
|
|
29.8 When a legislative consent memorandum is
referred by the Business Committee for consideration by a committee
or committees in accordance with Standing Order 29.4, the a related
legislative consent motion must not be debated, until
either:
(i)
the committee or committees have reported in accordance with
Standing Order 29.4; or
(ii)
the deadline by which a committee is required to report in
accordance with Standing Order 29.4 has been reached.
|
No amendment necessary
|
Annex D
STANDING ORDER 29
– Consent in relation to UK Parliament Bills
UK
Parliament Bills Making Provision Requiring the Assembly’s
Consent
29.1In
Standing Order 29, “relevant Bill” means a Bill under
consideration in the UK Parliament which makes provision
(“relevant provision”) in relation to
Wales:
(i)
for
any purpose within the legislative competence of the Assembly
(apart from incidental, consequential, transitional, transitory,
supplementary or savings provisions relating to matters that are
not within the legislative competence of the Assembly);
or
(ii)
which
modifies the legislative competence of the Assembly.
Legislative
Consent Memorandum
29.2 A
member of the government must lay a memorandum (“a
legislative consent memorandum”) in relation to:
(i)
any UK Government Bill that is a relevant Bill on its introduction
to the first House, normally no later than 2 weeks after
introduction;
(ii)
any UK Private Member’s Bill that was a relevant Bill on
introduction and remains a relevant Bill after the first amending
stage in the House in which it was introduced, normally no later
than 2 weeks after it completes that stage;
(iii) any
Bill introduced into the UK Parliament that, by virtue of
amendments:
(a)
agreed to; or
(b)
tabled by a Minister of the Crown or published with the name of a
Minister of the Crown in support,
in
either House, makes (or would make) relevant provision for the
first time or beyond the limits of any consent previously given by
the Assembly, normally no later than two weeks after the amendments
are tabled or agreed to.
29.2A
Any member, other than a member of the government, who intends to
table a legislative consent motion in relation to a relevant Bill
must first lay a legislative consent memorandum, but must not
normally do so until after a member of the government has laid a
legislative consent memorandum in respect of that Bill.
29.2B
The
Presiding Officer
must lay a legislative consent memorandum
in
relation to any UK Private Bill that is a relevant Bill on its
introduction to the first House, normally no later than 2 weeks
after introduction.
29.2C
Any
member, other than the Presiding Officer, who intends to table a
legislative consent motion in relation to a relevant Private Bill
must first lay a legislative consent memorandum, but must not
normally do so until after the Presiding Officer has laid a
legislative consent memorandum in respect of that Private
Bill.
29.3
A legislative consent memorandum must:
(i)
summarise the
policy objectives of the Bill;
(ii)
specify the extent
to which the Bill makes (or would make) relevant
provision;
(iii)
explain whether it
is considered appropriate for that provision to be made and for it
to be made by means of the Bill.
(iv)
where
the Bill contains any relevant provision conferring power to make
subordinate legislation on Welsh Ministers, set out the Assembly
procedure (if any) to which the subordinate legislation to be made
in the exercise of the power is to be subject; and
(v)
where
a legislative consent memorandum has already been laid in relation
to the same provisions in the same Bill, set out how and why the
new memorandum differs from the previous memorandum.
29.3A
Standing Order 29.3(iii) does not apply to a memorandum laid by the
Presiding Officer under Standing Order 29.2B.
29.4 The
Business Committee must:
(i)
normally refer any
legislative consent memorandum to a committee or committees for
consideration; and
(ii)
establish and
publish a timetable for the committee or committees to consider and
report on it.
29.5
[Standing Order removed by resolution of the Assembly on 01
May 2013]
Legislative
Consent Motion
29.6 After a
legislative consent memorandum has been laid, any member may,
subject to Standing Orders 29.2A and 29.2C, table a motion
(“a legislative consent motion”) seeking the
Assembly’s agreement to the inclusion of a relevant provision
in a relevant Bill.
29.7
The Assembly must consider a legislative consent motion which has
been tabled.
29.8
When a legislative consent memorandum is referred by the Business
Committee for consideration by a committee or committees in
accordance with Standing Order 29.4, the a related legislative
consent motion must not be debated, until either:
(i)
the
committee or committees have reported in accordance with Standing
Order 29.4; or
(ii)
the
deadline by which a committee is required to report in accordance
with Standing Order 29.4 has been reached.