Standing Order 26A – Private Acts of the Assembly

Private Bills

26A.1 For the purposes of Standing Order 26A, a Private Bill is a Bill introduced for the purpose of obtaining for an individual person, body corporate or unincorporated association of persons (“the promoter”) particular powers or benefits in excess of, or in conflict with, the general law.

26A.2 Standing Order 26A applies to any Private Bill other than one whose provisions are intended to authorise or facilitate any construction works or to authorise the compulsory acquisition of any estate or interest in or over land. For this purpose the transfer of any estate or interest in or over land forming part of the assets of a person or body exercising functions of a public nature to another person or body also exercising functions of a public nature is not to be regarded as involving the compulsory acquisition of such estate or interest.

Permission to Introduce a Private Bill

26A.3 Prior to introduction in accordance with Standing Order 26A.9, a Private Bill and the accompanying documents required by Standing Order 26A.12 must be submitted by the promoter to the Presiding Officer for a decision on whether to grant permission to introduce the Bill.

26A.4 The Presiding Officer must notify the promoter of his or her decision under Standing Order 26A.3 and, where permission is not given, must give the promoter reasons for that decision.

26A.5 A Private Bill must not be introduced without the prior agreement of the Presiding Officer.

Fees

26A.6 The Commission may charge fees for the introduction of a Private Bill, and for any subsequent stages of its consideration set out in Standing Order 26A.

Form and Introduction of Private Bills

26A.7 A Private Bill may be introduced on a working day in a sitting week.

26A.8 A Private Bill must be introduced by being laid by or on behalf of the promoter.

26A.9 A Private Bill must not be laid unless it is in proper form in accordance with any determinations made by the Presiding Officer.

26A.10 A Private 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 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.

26A.11 A Private Bill must be introduced in both English and Welsh except when not doing so is in accordance with any determinations made by the Presiding Officer under Standing Order 26A.9.

Documentation to Accompany a Private Bill

26A.12 At the same time as the promoter introduces a Private Bill, he or she must also lay an Explanatory Memorandum, in English and Welsh, which must:

(i) state that, in the view of the promoter, the provisions of the Private Bill would be within the legislative competence of the Assembly;

(ii) set out the reasons why the provisions of the Bill make it appropriate for it to proceed as a Private Bill, having particular regard to the criteria in Standing Order 26A.38;

(iii) set out the objectives of the Private Bill;

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

(v) set out the consultation that was undertaken on:

(a) the objectives of the Private Bill and the ways of achieving them and;

(b) the detail of the Private Bill,

together with a summary of the outcome of that consultation;

(vi) summarise objectively what each provision of the Private 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 Bill;

(vii) include a Promoter’s Statement that sets out:

(a) in the case of a Private Bill that contains provision which will affect the property or the contractual rights or duties of any person other than the promoter, details of any notification of the proposed provision given by the promoter to such persons or classes of person whose property or contractual rights or duties will be affected and of any response received;

(b) in the case of a Private Bill where the promoter is a body corporate or an unincorporated association of persons, particulars of the formal decision of that body or association to promote the Private Bill and confirmation that the decision in question was made in accordance with the constitution of that body or association;

(c) in the case of a Private Bill that contains provision to confer powers upon or modify the constitution of any body corporate or unincorporated association of persons, other than the promoter, details of any notification of the proposed provision given by the promoter to that body corporate or unincorporated association of persons and of any response received.

Notification of the Introduction of a Private Bill

26A.13 As soon as a Private Bill has been introduced, the promoter must, taking into account any guidance published by the Presiding Officer, publicise appropriately , including publishing in at least one newspaper circulating throughout Wales (or, if the Private Bill relates only to one area of Wales, throughout that area), a notice stating:

(i) the general effect of the Private Bill;

(ii) that the Private Bill may be inspected at the Assembly and at one or more other places in Wales including, in the case of a Private Bill that relates only to one area of Wales, a place within that area;

(iii) that persons who believe their interests would be adversely affected by the Private Bill can make an objection to the Presiding Officer within the period of 40 working days beginning on the day when the notice is first published in a newspaper (“the objection period”);

(iv) how to submit an objection and the information to be included in that objection, having regard to Standing Order 26A.18;

(v) that an objection may either request that the Private Bill not be approved or that changes be made to the Private Bill before it is approved;

(vi) that the person making an objection must comply with any guidance issued by the Presiding Officer in relation to making an objection.

26A.14 As soon as the promoter has complied with the requirements of Standing Order 26A.13, the promoter must give written notice of that fact to the Presiding Officer, giving particulars of:

(i) how those requirements were complied with; and

(ii) the arrangements made by the promoter for ensuring that the Private Bill was able to be inspected (other than at the Assembly) in accordance with Standing Order 26A.13(ii).

Objections

26A.15 An individual person who, or a body corporate or unincorporated association of persons that, considers that their interests would be adversely affected by a Private Bill introduced in the Assembly (an “objector”) may make an objection to the Presiding Officer in writing, in accordance with notice given under Standing Order 26A.13, during the objection period specified in Standing Order 26A.13(iii).

26A.16 For the purpose of Standing Order 26A.15, a member of the government may also be an objector.

26A.17 The Presiding Officer must rule on whether an objection is admissible.

26A.18 An objection is admissible only if it:

(i) complies with any guidance issued by the Presiding Officer under Standing Order 6.17 in relation to making an objection;

(ii) sets out the nature of the objection;

(iii) identifies the provisions of the Private Bill that give rise to the objection;

(iv) specifies how the objector’s interests would be adversely affected by the Private Bill.

26A.19 The Presiding Officer must notify the objector of his or her decision under Standing Order 26A.17 and, where an objection is ruled inadmissible, must give the objector reasons for that decision.

26A.20 After the objection period has expired, the Clerk must publish all admissible objections.

26A.21 If the Presiding Officer receives an objection after the expiry of the objection period but before the first meeting of Detailed Committee Consideration, and that objection is accompanied by a statement by the objector explaining the delay in submitting the objection, the Presiding Officer must decide whether he or she is satisfied that:

(i) the objection is admissible, in accordance with Standing Order 26A.18;

(ii) the objector had good reason for not making the objection within the objection period;

(iii) the objector has made the objection as soon as reasonably practicable after the expiry of that period; and

(iv) consideration of such an objection would not be unreasonable having regard to the rights and interests of objectors and the promoter.

26A.22 If the Presiding Officer is so satisfied:

(i) he or she must notify the objector of his or her decision;

(ii) the Clerk must publish the objection; and

(iii) the committee established in accordance with Standing Order 26A.25 must give consideration to the objection.

26A.23 If the Presiding Officer is not so satisfied, he or she must:

(i) notify the objector of his or her decision, and

(ii) give the objector reasons for that decision.

26A.24 An objection may be withdrawn by the objector, in accordance with any guidance issued by the Presiding Officer.

Private Bill Committees

26A.25 After a Private Bill has been introduced, and once the objection period specified in Standing Order 26A.13(iii) has ended, the Assembly must consider a motion to establish a Private Bill Committee, in accordance with Standing Order 16.5.

26A.26 Standing Orders 17.3 and 17.7 apply to a Private Bill Committee except that it must consist of no fewer than four members.

26A.27 Any Member who has, or may be expecting to have, or to the Member’s knowledge, the Member’s partner or any dependent child has, or may be expecting to have, an interest required to be registered by Standing Order 2 that may be seen to prejudice the impartial consideration of a Private Bill, must not be a member of the committee established to consider that Bill.

26A.28 Any Member whose name is proposed for membership of a Private Bill Committee must inform the Business Committee of any interest of the kind referred to in Standing Order 26A.27 and also of any interest, other than such an interest, that he or she has or may be expecting to have, or which, to the Member’s knowledge, the Member’s partner or any dependent child of the Member has or may be expecting to have that, in the opinion of that Member, may be seen to prejudice the impartial consideration of the Private Bill.

26A.29 For the purpose of Standing Orders 26A.27 and 26A.28, the meanings of “partner” and “dependent child” are as defined in paragraph 4 of the Annex to Standing Order 2.

26A.30 Any information provided in accordance with Standing Order 26A.28 in relation to a Member whose name is proposed for membership of a Private Bill Committee must be published at the same time as the motion to establish that committee.

26A.31 A Each member of a Private Bill Committee must, before the first meeting of that committee, complete a course of relevant training as determined by the Presiding Officer.

26A.32 Each member of a Private Bill Committee must, at the first meeting of that committee, agree to act impartially, in that Member’s capacity as a member of that committee, and to base decisions solely on the evidence and other information provided to that committee.

26A.33 Members of a Private Bill Committee must, other than in exceptional circumstances, attend all meetings of a Private Bill Committee.

26A.34 A member of a Private Bill Committee may not participate in any proceedings on a Private Bill unless:

(i) all evidence relating to that Private Bill given orally during proceedings of the committee has been given in the presence of the Member, or

(ii) with the agreement of the promoter and any objector to whom that evidence relates, that Member has viewed a recording or read a transcript of all evidence that was not given in the presence of the Member.

26A.35 Standing Orders 17.12, 17.17 and 17.48 do not apply to a Private Bill Committee.

26A.36 Standing Order 17.49 does not apply to a Private Bill Committee, except when the committee is considering proceedings on amendments.

Initial Consideration

26A.37 Once the objection period specified in Standing Order 26A.13(iii) has ended, the Business Committee must refer a Bill laid in accordance with Standing Order 26A.8 to the Private Bill Committee established in accordance with Standing Order 26A.25 (“the committee”), to consider and report on whether the Bill should proceed as a Private Bill.

26A.38 In considering whether a Bill should proceed as a Private Bill, the committee must consider whether:

(i) the accompanying documents laid in accordance with Standing Order 26A.12 are, in the opinion of the committee, adequate to allow proper scrutiny of the Bill;

(ii) adequate consultation was undertaken by the promoter prior to introduction of the Bill;

(iii) the provisions of the Bill make it appropriate for it to be considered as a Private Bill in accordance with Standing Order 26A, having particular regard to:

(a) the extent to which its provisions affect issues of public policy;

(b) the extent to which its provisions amend or repeal other legislation;

(d) the number and nature of the interests that it affects.

26A.39 If it appears to the committee that the accompanying documents are not adequate to enable the committee to report in accordance with Standing Order 26A.37, it may, before reporting on whether the Bill should proceed as a Private Bill, allow the promoter such reasonable period as the committee considers appropriate to provide any further information the committee considers necessary (“supplementary accompanying documents”).

26A.40 Any supplementary accompanying documents must be laid.

26A.41 Once the committee has reported, the Business Committee may table a motion that the Assembly agrees that the Bill should proceed as a Private Bill.

26A.42 If a motion under Standing Order 26A.41 is agreed, the Bill proceeds to Detailed Committee Consideration.

26A.43 If a motion under Standing Order 26A.41 is not agreed, the Bill falls.

26A.44 Initial Consideration is completed when the Assembly has agreed that the Bill should proceed as a Private Bill or the Bill falls as part of Initial Consideration.

Detailed Committee Consideration

26A.45 Detailed Committee Consideration starts on the first working day after Initial Consideration is completed.

26A.46 Proceedings at Detailed Committee Consideration must be considered by the committee established in accordance with Standing Order 26A.25 which considered Initial Consideration proceedings on the Private Bill.

26A.47 At Detailed Committee Consideration, the committee must:

(i) consider and report on the general principles of the Private Bill;

(ii) consider and report on any admissible objections, other than any objection that, in the opinion of the committee, does not have substantial grounds; and

(iii) consider the detail of the Private Bill in accordance with Standing Orders 26A.54 to 26A.70 (including any admissible amendments).

26A.48 The following persons are entitled to be heard before the committee in person, or may be represented:

(i) the promoter;

(ii) any objector (subject to Standing Order 26A.51) who has submitted an admissible objection that the committee considers has substantial grounds;

(iii) a member of the government;

and may participate in proceedings in accordance with any rulings of the Chair.

26A.49 The Chair may, when ruling on the way in which an objector (or other person) may participate in proceedings, take into account the nature of the objection or other representation and the extent to which the nature of that participation is necessary in order to enable the committee to consider and report on the objection.

26A.50 The committee may invite such other persons to give evidence as it considers appropriate.

26A.51 Where the committee considers that two or more objections are the same or similar, it may group those objections together and choose one or more objectors from that group to give evidence and otherwise to participate in relation to those objections.

26A.52 If the committee, in preparing its report under Standing Order 26A.47(i) and (ii), intends to recommend a change to the Private Bill and such a change, if made, would, in the opinion of the committee, affect the interests of other persons referred to in Standing Order 26A.53, the committee may take such action as it considers appropriate in order to ensure that those other persons have a reasonable opportunity to make representations to the committee in relation to that recommendation.

26A.53 For the purpose of Standing Order 26A.52, “other persons” means:

(i) persons whose interests were not affected by the Private Bill as introduced but whose interests would be affected if the proposed changes were made to the Private Bill, or

(ii) existing objectors whose interests would be affected to a greater extent or in new ways if the proposed changes were made to the Private Bill, giving rise to new substantial grounds for objection.

26A.54 A Private Bill may be amended at Detailed Committee Consideration.

26A.55 At least 25 working days must elapse between the day on which the report under Standing Order 26A.47(i) and (ii) is laid and the date of the first meeting at which the committee considers the detail of the Private Bill in accordance with Standing Order 26A.47(iii).

26A.56 No later than five working days after the committee’s report is laid, any Member may table a motion that the Private Bill does not proceed any further.

26A.57 If no motion is tabled under Standing Order 26A.56, the general principles of the Private Bill are to be deemed agreed by the Assembly and the committee must proceed to dispose of amendments to the Private Bill, in accordance with Standing Order 26A.47(iii).

26A.58 Time must be made available for a motion tabled under Standing Order 26A.56 to be debated within 10 working days of the date that the motion was tabled (not counting working days in a non-sitting week).

26A.59 If a motion tabled under Standing Order 26A.56 is agreed, the Private Bill falls.

26A.60 If a motion tabled under Standing Order 26A.56 is not agreed, the general principles of the Private Bill are to be deemed agreed by the Assembly and the committee must proceed to dispose of amendments to the Private Bill in accordance with Standing Order 26A.47(iii).

26A.61 Amendments to be considered at Detailed Committee Consideration may be tabled no earlier than the first working day after the day on which the committee laid its report under Standing Order 26A.47(i) and (ii).

26A.62 The Chair of the committee may in exceptional circumstances accept an amendment at Detailed Committee Consideration of which less notice has been given than is required under Standing Order 26A.97. Such an amendment is referred to as a “late amendment”.

26A.63 Amendments are to be disposed of in the order in which the sections and schedules to which they relate arise in the Private Bill, unless the committee has decided otherwise.

26A.64 Only a Member who is a member of the committee may participate in proceedings of that committee for the purpose of:

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

(ii) voting.

26A.65 An amendment tabled by a Member who is not a member of the committee may be moved by a member of the committee.

26A.66 Where any amendment is tabled to a section or schedule of the Private 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 Detailed Committee Consideration proceedings.

26A.67 If no amendment is tabled to a section or schedule of the Private Bill, that section or schedule is to be deemed agreed by the committee for the purpose of Detailed Committee Consideration.

26A.68 Detailed Committee Consideration 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.

26A.69 If a Private Bill is amended at Detailed Committee Consideration so as to insert a section or schedule, or substantially alter any existing provision, the committee may request that the promoter prepare a revised Explanatory Memorandum.

26A.70 Any revised Explanatory Memorandum requested under Standing Order 26A.66 must be laid at least five working days before the date of the first meeting of the Assembly that considers Detailed Assembly Consideration proceedings.

Detailed Assembly Consideration

26A.71 Detailed Assembly Consideration starts on the first working day after Detailed Committee Consideration is completed.

26A.72 At least 15 working days must elapse between the day on which Detailed Assembly Consideration starts and the date of the first meeting of the Assembly that considers Detailed Assembly Consideration proceedings.

26A.73 Detailed Assembly Consideration must be considered by the Assembly in plenary.

26A.74 A Private Bill may be amended at Detailed Assembly Consideration.

26A.75 Amendments to be considered at Detailed Assembly Consideration may be tabled by any Member from the first day on which the stage starts.

26A.76 The Presiding Officer may select those amendments which are to be taken at Detailed Assembly Consideration.

26A.77 Amendments are to be disposed of in the order in which the sections and schedules to which they relate arise in the Private Bill, unless the Assembly has decided otherwise on a motion of the Business Committee (in accordance with Standing Order 11.7(ii)).

26A.78 The Assembly may, on a motion without notice of the Business Committee (in accordance with Standing Order 11.7(ii)), agree to one or more time-limits that are to apply to debates on amendments (as they have been grouped by the Presiding Officer).

26A.79 If a motion under Standing Order 26A.78 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.

26A.80 Amendments at Detailed Assembly Consideration are only admissible if, in addition to the criteria in Standing Order 26A.99, they are for the purpose of—

(i) clarifying the wording of a provision of a Private Bill (including removing inconsistencies in or between the English and Welsh texts), or

(ii) giving effect to commitments given on behalf of the promoter at the Detailed Committee Consideration Stage, or

(iii) giving effect to any recommendations made by the committee in its report under Standing Order 26A.47(i) and (ii).

26A.81 Where any amendment is tabled to a section or schedule of the Private 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 Detailed Assembly Consideration.

26A.82 If no amendment is tabled to a section or schedule, that section or schedule is to be deemed agreed by the Assembly for the purpose of Detailed Assembly Consideration proceedings.

26A.83 Detailed Assembly Consideration 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.

Final Stage

26A.84 The Final Stage of a Private Bill must be taken by the Assembly in plenary.

26A.85 Subject to Standing Order 26A.87, not earlier than five working days after the completion of Detailed Assembly Consideration any Member may table a motion that the Private Bill be passed.

26A.86 A motion that a Private Bill be passed may not be amended.

26A.87 No motion that a Private Bill be passed may be moved unless the text of the Private Bill is available in both English and Welsh.

26A.88 No motion under Standing Order 12.31(ii) may be moved in any Final Stage proceedings.

Reconsideration of Private Bills Passed

26A.89 Any Member may, after the Private Bill is passed, by motion propose that the Assembly reconsider the Private Bill, or any provision of it, if:

(i) a question in relation to the Private Bill has been referred to the Supreme Court under section 112 of the Act;

(ii) a reference for a preliminary ruling (within the meaning of section 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.

26A.90 Any Member may by motion propose that the Assembly reconsider the Private Bill if:

(i) the Supreme Court decides that the Private 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 Private Bill under section 114 of the Act.

26A.91 Proceedings at Reconsideration Stage must be considered by the Assembly in plenary.

26A.92 A Private Bill may not be amended at Reconsideration Stage unless in addition to the criteria in Standing Order 26A.99, 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 114 of the Act.

26A.93 Unless the Assembly has decided, on a motion of the Business Committee, the order in which amendments are to be disposed of, they must be disposed of in the order in which the provisions to which they relate arise in the Private Bill.

26A.94 Any Member may propose that the Assembly approves a Private Bill amended on reconsideration. Such a motion may not be amended.

Amendments to Private Bills

26A.95 Standing Orders 26A.96 to 26A.104 apply to amendments in Detailed Committee Consideration proceedings, Detailed Assembly Consideration proceedings and Reconsideration Stage proceedings.

26A.96 The Presiding Officer must determine the proper form of amendments to a Private Bill.

26A.97 No amendment, other than a late amendment, may be considered unless it has been tabled five working days before it is considered.

26A.98 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.

26A.99 An amendment is not admissible if:

(i) it is not in its proper form in accordance with Standing Order 26A.96;

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

(iii) it is inconsistent with the general principles as reported on by the committee and deemed agreed by the Assembly;

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

26A.100 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 26A.96 to 26A.104 must apply accordingly.

26A.101 Subject to Standing Order 26A.64, 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.

26A.102 The Chair of the committee or the Presiding Officer, as the case may be, may group amendments for the purpose 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.

26A.103 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 the committee at Detailed Committee Consideration, by a member of the committee; or

(ii) in Detailed Assembly Consideration or Reconsideration proceedings, by any other Member.

26A.104 An amendment which has been moved may be withdrawn by the Member who moved it, but only:

(i) in the committee at Detailed Committee Consideration, if no member of the committee objects; or

(ii) in Detailed Assembly Consideration or Reconsideration proceedings, if no Member objects.

Change of Promoter

26A.105 Standing Orders 26A.106 to 26A.111 apply where, before completion of Detailed Committee Consideration, the promoter no longer wishes or is no longer able to obtain the powers or benefits conferred by that Bill, and another individual, body corporate or unincorporated association of persons (“the new promoter”) wishes to obtain those powers or benefits.

26A.106 The new promoter must, as soon as reasonably practicable, lay a memorandum setting out the reasons for, and the circumstances of, the change of promoter.

26A.107 The committee must, taking account of the memorandum laid under Standing Order 26A.106 and any further information from the new promoter that it may require, consider the implications of the change of promoter for the rights and interests of the objectors, other persons and for the progress of the Private Bill.

26A.108 The committee may, if it considers it appropriate in order to protect the rights or interests of objectors or other persons, or to ensure the proper scrutiny of the Private Bill:

(i) require the new promoter to lay supplementary accompanying documents ;

(ii) require the new promoter to give such undertakings as the committee considers appropriate;

(iii) require proceedings on the Private Bill at Detailed Committee Consideration, or part of those proceedings, to begin again;

(iv) report to the Assembly on the implications of the change of promoter, with a recommendation that the Private Bill should not proceed with the new promoter.

26A.109 A report under Standing Order 26A.108(iv) must be considered by the Assembly on a motion of the Chair of the committee.

26A.110 If a motion under Standing Order 26A.109 is agreed to, the Private Bill falls.

26A.111 If a motion under Standing Order 26A.109 is not agreed to, the committee or the Assembly must continue its consideration of the Private Bill.

Her Majesty’s and Duke of Cornwall’s Consent

26A.112 If a Private Bill contains provision, or is amended so as to include any provision, that would, if the Private Bill were 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 Private 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 Private Bill at a meeting of the Assembly.

Financial Resolutions

26A.113 The Presiding Officer must decide in every case whether a resolution is required for a Private Bill under Standing Orders 26A.114 and 26A.119.

26A.114 If a Private 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

no proceedings may be taken on the Private Bill at any Stage after the Private Bill Committee has reported in accordance with Standing Order 26A.47(i) and (ii) 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.

26A.115 If:

(i) a Private 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 by or under section 120(2)),

26A.116 Standing Order 26A.115:

(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.

26A.117 Where the effect of an amendment (or amendments) to a Private Bill, if agreed to, would be that the Private 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.

26A.118 Only a member of the government may move a motion for a financial resolution. Such a motion cannot be amended.

26A.119 Unless:

(i) notice of a motion for any financial resolution required in relation to a Private Bill by Standing Orders 26A.114 or 26A.115 is tabled within 6 months of the date on which the Private Bill Committee has reported in accordance with Standing Order 26A.47(i) and (ii); and

(ii) the motion is agreed to,

the Private Bill falls.

Notification of Royal Assent to Private Acts of the Assembly

26A.120 The Clerk must notify the Assembly of the date of Royal Assent to a Private Act of the Assembly.

Fall, Rejection or Withdrawal of Private Bills

26A.121 If a Private Bill falls or is rejected by the Assembly, no further proceedings may be taken on that Private Bill and a Private 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 Private Bill fell or was rejected.

26A.122 A Private Bill falls if it has not been passed or approved by the Assembly before the end of the Assembly in which it was introduced.

26A.123 A Private Bill may be withdrawn at any time by the Promoter.

STANDING ORDER 15 – Laying and Tabling Procedures

15.1 The following documents or categories of document may be laid before the Assembly:

(i) a document specified in any enactment as one which must or may be laid before the Assembly or a document which falls within the terms of section 86 of, or paragraphs 36 or 37 of Schedule 11 to, the Act;

(ii) legislation or proposed or draft legislation required to be laid under Standing Orders 25, 26, 26A, 27 or 28;

(iii) any report made by an Assembly committee and which that committee has agreed should be submitted to the Assembly, other than any report to which (iv) below applies;

(iv) any other document specified elsewhere in Standing Orders which is required to be laid in accordance with the specific requirements in a Standing Order; and

(v) any other document, or category of document, that the Assembly, by resolution in plenary, requires should be laid.