The Scotland Act 1998 (Transitory and Transitional Provisions)(Standing Orders and Parliamentary Publications) Order 1999

• Citation: S.I. 1999/1095
• Sections: 637

Section 1 Citation and commencement

(1) This Order may be cited as the Scotland Act 1998 (Transitory and Transitional Provisions) (Standing Orders and Parliamentary Publications) Order 1999.

(2) This Order shall come into force on 6th May 1999.

Section 2 Interpretation

In this Order–

“ the Act ” means the Scotland Act 1998;

“court” includes tribunal;

“legal proceedings” means any legal proceedings (whether civil or criminal) in any court in the United Kingdom;

“the Parliament” means the Scottish Parliament; and

“statement” has the same meaning as in the Defamation Act 1996 .

Section 3 Standing orders of the Parliament.

The standing orders of the Parliament are contained in the rules set out in the Schedule to this Order.

Section 4 Publication of statements under the authority of the Parliament

(1) This article applies to any legal proceedings brought against a person for, on account of, or in respect of, the publication by that person–

(a) of a statement under the authority of the Parliament; or

(b) of a statement which has been published under the authority of the Parliament.

(2) In any legal proceedings to which this article applies, any person may produce to the court before which the proceedings are brought a certificate, sworn by the Clerk of the Parliament before a notary public, that the statement was published under the authority of the Parliament.

(3) On production of such a certificate the court shall order that, subject to paragraph (4), no further steps are to be taken in the proceedings and on the making of such an order the proceedings shall be treated as having been concluded.

(4) On the making of an order under paragraph (3), the court may make such ancillary orders as it considers appropriate.

(5) Any person intending to produce a certificate in accordance with paragraph (2) shall give at least 24 hours notice of his or her intention so to do to the other parties to the proceedings and to the court before which the proceedings are brought.

Section 5 Publication of statements under the authority of the Parliament

Any statement which is required or authorised to be published in pursuance of any of the rules set out in the Schedule to this Order shall be treated, for the purposes of section 41 of the Act (defamatory statements) and article 4 of this Order, as published under the authority of the Parliament.

Section 6 Duration

(1) Unless earlier revoked by an order under section 129(1) of the Act and subject to paragraph (2), articles 3 and 5 of, and the Schedule to, this Order shall cease to have effect on the date on which the first standing orders made by the Parliament come into force.

(2) Article 5 of this Order shall continue to apply in relation to any statement published before the date when that Article ceases to have effect by virtue of paragraph (1).

Section 7 Duration

Unless earlier revoked by an order under section 129(1) of the Act, article 4 of this Order shall cease to have effect on the day appointed by or under an Act of the Parliament.

Section 1 Rule 1.1 The Scottish Parliament

The Scottish Parliament is established by the Scotland Act 1998.

Section 1 Rule 1.2 Oath of allegiance

Every person who is returned as a member shall take the oath of allegiance or shall make his or her solemn affirmation at a meeting of the Parliament before the Clerk. A member shall not take part in any other proceedings of the Parliament until he or she has done so.

Section 1 Rule 1.3 Term of office

The term of office of a member begins on the day on which the member is declared to be returned and ends with the dissolution of the Parliament or, if earlier, that member’s death or resignation.

Section 1 Rule 1.4 Disqualification

The Presiding Officer shall notify the Parliament where a person is, or is alleged to be, disqualified from being a member (either generally or for a particular constituency or region) on any ground other than one falling within section 15(1)(b) (disqualification otherwise than under House of Commons Disqualification Act 1975).

Section 1 Rule 1.5 Vacancies

For the purposes of section 9 (constituency vacancies), the date on which a vacancy in the seat of a constituency member is to be treated as occurring shall be determined in accordance with paragraph 2. The Presiding Officer shall notify the Parliament of that date.

Section 1 Rule 1.6 Code of Conduct

The Parliament may, on a motion of the Standards Committee, lay down a Code of Conduct for members. The Parliamentary corporation shall arrange for the Code of Conduct to be printed and published.

Section 1 Rule 1.7 Withdrawal of rights and privileges

The Parliament may, on a motion of the Standards Committee, withdraw from a member his or her rights and privileges as a member to such extent and for such period as are specified in the motion.

Section 1 Rule 2.1 Session of the Parliament

A session of the Parliament shall be the period from the date of the first meeting of the Parliament following a general election until the Parliament is dissolved.

Section 1 Rule 2.2 Meetings of the Parliament

The Parliament shall meet on the day appointed or determined for its first meeting following a general election.

Section 1 Rule 2.3 Parliamentary recess

The Parliament shall decide, on a motion of the Parliamentary Bureau, the dates of any Parliamentary recess.

Section 1 Rule 2.4 First meeting following general election

The first meeting of the Parliament following the first ordinary general election shall be chaired–

(a) by the Clerk but only for the purpose of presiding over the proceedings to enable the oldest qualified member to take the oath of allegiance or make a solemn affirmation; and

(b) thereafter, by the oldest qualified member but only for the purpose of presiding over the proceedings when members are taking the oath of allegiance or making a solemn affirmation and for the election of the Presiding Officer; and

(c) thereafter, by the elected Presiding Officer.

Section 1 Rule 2.5 Chairing of meetings

Except as provided in Rule 2.4, meetings of the Parliament shall be chaired by the Presiding Officer or by a deputy Presiding Officer.

Section 1 Rule 2.6 Witnesses and documents

The Parliament may in connection with any matter invite any person–

(a) to attend its proceedings for the purpose of giving evidence; or

(b) to produce documents in that person’s custody or under that person’s control,

but this is in addition to its power under section 23 (power to call for witnesses and documents) to require any person to do so but subject to and in accordance with the terms of that section and section 24 (notice provisions in relation to witnesses and documents).

Section 1 Rule 2.7 Location

Meetings of the Parliament shall be held in the Church of Scotland Assembly Hall, The Mound, Edinburgh, subject to the following provisions.

Section 1 Rule 3.1 Presiding Officer and deputy Presiding Officers

The Presiding Officer shall–

(a) preside over any meeting of the Parliament except as provided in Rule 2.4 and 2.5 and, except where Rule 11.9 or 11.10 applies, exercise a casting vote in the event of a tie;

(b) convene and chair any meeting of the Parliamentary Bureau and exercise a casting vote in the event of a tie;

(c) determine any question as to the interpretation or application of these Rules and give a ruling on any such question; and

(d) represent the Parliament in discussions and exchanges with any parliamentary, governmental, administrative or other body, whether within or outwith the United Kingdom.

Section 1 Rule 3.2 Election of Presiding Officer

The Parliament shall, at its first meeting following a general election, elect from among its members a Presiding Officer.

Section 1 Rule 3.3 Election of deputy Presiding Officers

The Parliament shall, at its first meeting following a general election, elect from among its members two deputy Presiding Officers.

Section 1 Rule 3.4 Resignation of Presiding Officer and deputy Presiding Officers

The Presiding Officer or a deputy Presiding Officer may resign office by giving notice in writing to the Clerk.

Section 1 Rule 3.5 Removal of Presiding Officer and deputy Presiding Officers

A member may by motion propose that the Presiding Officer or a deputy Presiding Officer be removed from office. The motion is valid only if it is seconded by another member.

Section 1 Rule 3.6 Members of the Parliamentary corporation

The four members of the Scottish Parliamentary Corporate Body (“the Parliamentary corporation”) referred to in section 21(2)(b) shall be appointed by the Presiding Officer either after an election in accordance with Rule 3.7 or in accordance with Rule 3.8. Those members are referred to as “appointed members”.

Section 1 Rule 3.7 Election of members of the Parliamentary corporation

Not later than 10 sitting days after a general election, the Parliament shall hold consecutive elections to elect the four appointed members of the Parliamentary corporation.

Section 1 Rule 3.8 Appointment of members of the Parliamentary corporation

If any office of an appointed member is not filled in accordance with Rule 3.7, the Presiding Officer may appoint a member to that office and shall do so if the office remains vacant for more than 28 days. In calculating the period of 28 days for this purpose, no account shall be taken of any time when the Parliament is dissolved.

Section 1 Rule 3.9 Resignation of members of the Parliamentary corporation

An appointed member may at any time resign office by giving notice in writing to the Presiding Officer.

Section 1 Rule 3.10 Removal of members of the Parliamentary corporation

A member may by motion propose that an appointed member be removed from office. The motion is valid only if it is seconded by another member.

Section 1 Rule 3.11: Auditor General for Scotland

If the office of Auditor General for Scotland is, or is expected to become, vacant, a panel (referred to as the “Selection Panel”) shall be established for the purpose of recommending a person for nomination by the Parliament to Her Majesty for appointment as Auditor General for Scotland.

Section 1 Rule 3.12 Removal of Auditor General for Scotland

Any member may by motion propose that the Parliament resolve that a recommendation be made to Her Majesty for the removal from office of the Auditor General for Scotland.

Section 1 Rule 4.1 Nomination of First Minister

The nomination of a member for appointment as First Minister under section 46(1) shall be conducted in accordance with the following provisions.

Section 1 Rule 4.2 Designation of person to exercise functions of First Minister

The Presiding Officer shall notify the Parliament of the name of any person whom he or she has designated to exercise the functions of the First Minister under section 45(4).

Section 1 Rule 4.3 Appointment of Scottish Law Officers

The agreement of the Parliament to the First Minister’s recommendation to Her Majesty for the appointment of a person as Lord Advocate or Solicitor General for Scotland under section 48(1) shall be sought on a motion of the First Minister that a person specified in the motion be so recommended. The provisions of Rules 8.2.5 and 8.2.6 shall not apply to such a motion.

Section 1 Rule 4.4 Removal of Scottish Law Officers

The provisions of Rule 4.3 shall apply, with such modifications as are appropriate, in relation to a recommendation for the removal of a person as Lord Advocate or Solicitor General for Scotland as they apply in relation to a recommendation for an appointment.

Section 1 Rule 4.5 Participation of Scottish Law Officers in proceedings

This Rule applies where the Lord Advocate or Solicitor General for Scotland (“the Scottish Law Officer”) is not a member of the Parliament.

Section 1 Rule 4.6 Appointment of other Scottish Ministers

Where the First Minister proposes to appoint any Minister or Ministers under section 47(1), he or she shall, before seeking Her Majesty’s approval for any appointment, seek the agreement of the Parliament to his or her proposal in accordance with the following provisions.

Section 1 Rule 4.7 Appointment of junior Scottish Ministers

The provisions of Rule 4.6 shall apply, with such modifications as are appropriate, where the First Minister proposes to appoint one or more junior Scottish Ministers under section 49(1).

Section 1 Rule 4.8 Resignation of Ministers

If the First Minister tenders his or her resignation to Her Majesty under section 45(2), the Presiding Officer shall, if the resignation is accepted by Her Majesty, notify the Parliament.

Section 1 Rule 5.1 Parliamentary Bureau

The Parliament shall establish the Parliamentary Bureau in accordance with these Rules.

Section 1 Rule 5.2: Members of the Parliamentary Bureau

The Parliamentary Bureau shall consist of–

(a) the Presiding Officer; and

(b) a representative of each political party represented by more than 5 members of the Parliament (“a party representative”) who is nominated by the leader within the Parliament of that party; and

(c) a representative of any group formed under paragraph 2 (“a group representative”) who is nominated by that group.

Section 1 Rule 5.3 Procedure of Parliamentary Bureau

The Presiding Officer shall convene and chair meetings of the Parliamentary Bureau. He or she shall have a casting vote but shall not otherwise vote in the proceedings.

Section 1 Rule 5.4 Business programme

The Parliament shall decide, on a business motion of the Parliamentary Bureau, a programme of business (referred to as “the business programme”) for such period as may be specified in that motion.

Section 1 Rule 5.5 Daily business list

On the basis of the business programme and other decisions of the Parliament and the Presiding Officer, the Clerk shall publish a daily business list containing details of business to be considered by the Parliament and by each committee or sub-committee on each day when the Parliament or a committee or sub-committee meets. The daily business list shall also contain details of the times at which particular items of business are to be taken at any meeting if such times have been allocated in the business programme or in the decisions of the Parliament or the Presiding Officer.

Section 1 Rule 5.6 Special cases of Parliamentary business

In proposing the business programme, the Parliamentary Bureau shall ensure that–

(a) on 12 half sitting days in each Parliamentary year, the business of committees is given priority over the business of the Scottish Executive at meetings of the Parliament;

(b) on 15 half sitting days in each Parliamentary year, meetings of the Parliament consider business chosen by political parties which are not represented in the Scottish Executive or by any group formed under Rule 5.2.2; and

(c) at each meeting of the Parliament there is a period of up to 30 minutes for any Members' Business at the end of the meeting following Decision Time.

Section 1 Rule 5.7 Programme of the Scottish Executive

When the First Minister wishes to make a statement to a meeting of the Parliament setting out the proposed policy objectives and legislative programme of the Scottish Executive for any Parliamentary year, he or she shall give notice of his or her proposal to the Presiding Officer. The Presiding Officer shall then notify the Parliamentary Bureau.

Section 1 Rule 5.8 Financial business

In proposing the business programme, the Parliamentary Bureau shall ensure that sufficient time is set aside–

(a) between the beginning of May and the end of June each year for the consideration of financial proposals;

(b) between the beginning of October and the end of November each year for consideration of draft budgets; and

(c) between the beginning of January and the end of February each year for the Stages of the main Budget Bill.

Section 1 Rule 5.9 Business Bulletin

The Clerk shall produce the Business Bulletin.