Erskine May's treatise on the law, privileges, proceedings, and usage of Parliament / editor, Sir Malcolm Jack ; deputy editor, Mark Hutton ; assistant editors, Douglas Miller [and others].

Author
Other titles
  • Treatise on the law, privileges, proceedings, and usage of Parliament
  • Treatise on the law, privileges, proceedings, and usage of Parliament
  • Half title: Law, privileges, proceedings, and usage of Parliament
  • Parliamentary practice
  • A practical treatise on the law, privileges, proceedings and usage of Parliament.
Edition
  • 24th ed.
Published
  • London ; Markham, Ont. : LexisNexis 2011
Physical description
lxiv, 1097 pages ; 26 cm
ISBN
  • 9781405751063
  • 1405751061
Notes
  • Cover title: Erskine May Parliamentary practice.
  • Previous ed.: 2004.
  • Includes bibliographical references and index.
Audience
  • Specialized.
Contents
  • Machine generated contents note: pt. 1 CONSTITUTION AND ORGANIZATION OF PARLIAMENT -- ch. 1 constituent parts of Parliament -- Introductory -- Sovereign -- Limitations of prerogative -- Prerogative in connection with Parliament -- House of Commons -- Medieval and early modern representation: England and Wales -- Great Britain and the United Kingdom -- England and Wales -- Scotland -- Ireland and Northern Ireland -- House of Lords -- Lords Spiritual -- Lords Temporal -- By-elections -- Peers of Ireland -- Palace of Westminster -- General arrangements -- Chambers of the two House -- Places of Members -- Commons -- Lords -- Access to the Houses of Parliament -- Admission of non-Members -- Commons -- Intrusion of persons other than Members into the Chamber -- Exclusion of the public from the galleries -- Withdrawal of the public during a division -- Misconduct of the public in the galleries -- Lords -- History of Parliament Trust -- ch. 2 Elections -- electorate -- Disqualification of electors -- Constituencies -- Registration of electors -- Electoral registration officers -- Postal and proxy voting -- electoral timetable and holding of elections -- Re-election of the Speaker at a general election -- Election campaigns -- New writs -- Vacancies during a session -- Period for presenting petitions -- Vacancy by peerage -- Supersedeas to writs -- Provisions of the Recess Elections Act 1975 -- Mental illness or imprisonment -- Appointment of Members to issue writs -- Manner of issue of writs -- Return of writs -- Correction of error in return -- Failure to make return to writ -- Trial of controverted elections -- Procedure under the Representation of the People Act 1983 -- Proceedings of the House in matters of election -- Proceedings of House upon determination of election trials -- Corrupt practices -- Electoral Commission -- ch. 3 Disqualification for membership of either House -- Disqualifications for membership of the House of Commons -- Aliens -- Persons under 18 -- Mental disorder -- Peers -- Bankruptcy -- England, Wales and Northern Ireland -- Scotland -- Treason -- Other crimes -- Corrupt practices at elections -- Clergy -- Returning officers -- Disqualification of certain office-holders -- Public service disqualification -- Civil Service -- armed forces -- Police -- Members of legislatures outside the Commonwealth -- Disqualification by particular office -- Judicial office -- Bodies of which all members are disqualified -- Other disqualifying offices -- Offices disqualifying for particular constituencies -- Chiltern Hundreds and Manor of Northstead -- Effect and disregard of disqualification -- Jurisdiction of the Privy Council in disqualification -- Ministerial office -- Amendment of House of Commons Disqualification Act 1975 -- Disqualifications for membership of the House of Lords -- Aliens -- Persons under 21 -- Bankruptcy -- Treason -- Membership of the European Parliament -- Disqualifying judicial office -- Mental Health Act 1983 -- Disqualification by sentence of the House -- ch. 4 Members and Officers of Parliament -- General -- Attendance of Members -- Leave of absence -- Commons -- Lords -- House of Commons -- Party machinery -- Official Opposition -- Leader of the House of Commons -- Constitution and financing of party machinery -- Duties of Whips -- Payment of Members -- Increase in salaries of Members -- Conditions of payment -- Members' expenses -- Members' Fund -- Parliamentary Contributory Pension Fund -- Association of Former Members -- Officers of the Commons -- Speaker of the House of Commons -- Speaker as representative of the House of Commons -- In relation to the Queen -- In relation to the Lords -- In relation to outside authorities -- rank of the Speaker -- Speaker as presiding officer of the House of Commons -- Duties of the Speaker in relation to the business of the House -- Speaker's powers by usage -- Speaker's powers under Standing Order -- Speaker's administrative duties -- Duties under statute -- Functions of office after dissolution and during prorogation -- Speakers' Conferences on Electoral Law -- Resignation of Speaker -- Deputy Speakers -- Chairman of Ways and Means -- Impartiality -- Resignation of the Chairman of Ways and Means -- Deputy Chairmen of Ways and Means -- Temporary appointment of a Member to act as Deputy Chairman -- Temporary chairmen -- Chairmen in Westminster Hall -- Additional salaries paid to certain Members -- Salary of the Speaker -- Salaries of Chairman and Deputy Chairmen of Ways and Means -- Salaries of Leader of Opposition and Opposition Whips -- Payment for chairs of committees -- House of Lords -- Financial support for Members of the House of Lords -- Officers of the Lords -- Lord Speaker -- Election of Lord Speaker -- Role of the Lord Speaker -- Chairman of Committees -- Principal Deputy Chairman of Committees -- Deputy Speakers and Deputy Chairmen of Committees -- Salary of the Lord Speaker, Chairman and the Principal Deputy Chairman of Committees -- Party machinery in the Lords -- Financial assistance to opposition parties -- ch. 5 Rules governing the conduct of Members of both Houses and the disclosure of financial interests -- House of Commons -- Code of Conduct -- Committee on Standards and Privileges -- Parliamentary Commissioner for Standards -- Disclosure and registration of personal financial interest -- Registration -- Register of Members' Financial Interests -- Agreements for the provision of services -- Lobbying for reward or consideration (the advocacy rule) -- Declaration -- Declaration of interest in debate -- Declaration in other proceedings of the House -- Declaration in select committees -- Other declarations -- Committees on opposed private bills -- Votes on matters where Members have a financial interest -- Motions to disallow votes -- Objections overruled by the Chair -- Personal interest in votes on questions of public policy -- Personal interest in votes on private bills -- Procedural motions: no interest involved -- Delegations -- Complaints and investigations -- Other registers -- House of Lords -- Oversight and advice -- General principles and rules of conduct -- Paid advocacy -- `seven general principles of conduct' -- Participation in proceedings -- Registration and declaration of interests -- Registration -- Declaration -- Private bills -- Financial support, facilities and services -- Enforcement -- House of Lords Commissioner for Standards -- Complaints -- Investigation -- Consideration by the Sub-Committee on Lords' Conduct -- Report to the Committee for Privileges and Conduct and appeal -- Report to the House -- Lords' staff -- Members and employees of public boards -- ch. 6 Administration of Parliament and the Parliamentary Estate -- Administration of both Houses -- House of Commons -- House of Commons Commission -- Members' Estimate Committee -- Finance and Services Committee -- Audit Committees -- Management Board -- Principal Permanent Officers of the Commons -- Crown appointments -- Clerk of the House -- Clerk Assistant -- Serjeant at Arms -- Offices reporting directly to the Clerk of the House -- Office of the Chief Executive -- Speaker's Counsel -- Parliamentary Commissioner for Standards -- Departments in the House of Commons -- Department of Chamber and Committee Services -- Clerk Assistant's Directorate -- Legislation Directorate -- Committee Directorate -- Serjeant at Arms Directorate -- Official Report Directorate -- Department of Facilities -- Department of Finance -- Department of Human Resources and Change -- Department of Information Services -- Research and Information Services for Members -- Parliamentary Office of Science and Technology -- Information Management -- Public Information -- Media and Communications Service -- Web and Intranet Service -- Speaker's personal staff -- Shorthand writer: Lords and Commons -- House of Lords -- Administration and staff of the Lords -- Overview of the Administration -- Clerk of the Parliaments -- Clerk Assistant and Reading Clerk -- Gentleman Usher of the Black Rod and Serjeant-at-Arms -- Offices in the House of Lords -- Clerk of the Parliaments -- Corporate Services -- Financial Resources -- Human Resources -- Information Services -- Parliamentary Services -- Security -- Support Services -- Joint Department for Parliamentary Information and Communications Technology (PICT) -- Clerk of the Crown in Chancery -- Other statutory offices -- Comptroller and Auditor General -- Public Accounts Commission -- Parliamentary Commissioner for Administration -- Independent Parliamentary Standards Authority -- ch. 7 Parliamentary papers and publications -- Business Papers -- House of Commons -- Vote Bundle -- Order Paper -- Votes and Proceedings -- Journal -- House of Lords -- House of Lords Business -- Journals of the House of Lords -- Official Reports of Debates in the Lords and Commons -- Commons' Official Report -- Lords' Official Report -- Papers presented to Parliament -- Command Papers -- Act Papers -- Returns -- Presentation of papers -- Contingent liabilities -- Ratification of Treaties -- Other papers, not presented to Parliament -- Copyright -- Printing and distribution of papers -- Parliamentary papers -- Printing of papers -- Electronic publication -- Non-parliamentary publications -- European Union publications -- Data protection -- Freedom of information.
  • Note continued: Broadcasting of parliamentary proceedings -- Editorial control -- Retention of records -- ch. 8 new Parliament and opening and closing of session -- Parliamentary and sessional periods -- Summons of Parliament -- Date and place of meeting of Parliament -- Dissolution of Parliament -- Prorogation and adjournment -- Effect of prorogation -- Effect of adjournment -- Procedure of prorogation -- Alteration of the opening of Parliament after prorogation -- Meeting of Parliament postponed -- Meeting of Parliament accelerated during prorogation -- Demise of the Crown -- Recall of Parliament during adjournment -- Meeting of a new Parliament -- Certificate of return -- Black Rod attends the Commons -- Commons attend in the House of Lords -- Election of a Speaker by the Commons -- Speaker elect returns thanks -- Royal approbation of the Speaker elect -- Claim to privileges -- Election of Speaker in course of session -- Taking the Oath -- Oath in the Commons -- Oath in the Lords -- Oath on demise of Crown -- Manner of taking the oath or making the affirmation required by law -- Time for taking the oath -- Penalties for omission to take the oath -- Subscription of oath and affirmation -- Election of Deputy Speakers in the Commons -- Opening of new session -- Opening by Queen in person -- Opening by Commission -- Report of Queen's Speech -- Business taken before consideration of Queen's speech -- Bill read pro forma -- Other business -- Address in reply to Queen's Speech -- Presentation of Address -- Her Majesty's answer -- ch. 9 Formal communications between Crown and Parliament and between Lords and Commons -- Communications between Crown and Parliament -- Communications from the Crown to Parliament -- Communications by messages under the sign manual -- Other forms of communication -- Queen's pleasure -- Queen's recommendation -- Queen's consent on bills -- Queen's consent withheld or not signified -- Acknowledgement of messages from the Crown -- Messages under the sign manual, etc -- On royal pleasure, etc being signified -- Communications to the Crown originating in Parliament -- Addresses to the Crown -- Subjects of Addresses -- Mode of presentation of Addresses -- Addresses made in the Sovereign's absence -- Answers to Addresses -- Communications with the royal family -- Communications between the Lords and the Commons -- Messages -- ch. 10 Parliament and international assemblies -- Parliamentary Assembly of the Council of Europe -- Council of Europe -- Representation and credentials -- Assembly of Western European Union -- Western European Union -- NATO Parliamentary Assembly -- Membership -- Parliamentary Assembly of the Organization for Security and Co-operation in Europe -- Membership -- Commonwealth Parliamentary Association -- Inter-Parliamentary Union -- British-Irish Parliamentary Assembly -- pt. 2 POWERS AND PRIVILEGES OF PARLIAMENT -- ch. 11 Power and jurisdiction of Parliament -- Extent of the prerogative of the Crown in reference to Parliament -- Principal power of the Commons -- Rights and functions of the House of Lords -- Judicial functions of the House of Lords -- Peerage claims -- Extent of legislative authority of Parliament -- European Communities Act 1972 -- Powers of the Houses in relation to each other -- Devolution -- Scotland -- Northern Ireland -- Wales -- Convention on legislating on devolved matters -- `self-denying ordinance' -- Penal jurisdiction of both Houses -- Power of both Houses to secure attendance of persons on matters of privilege -- Committal -- Committal without a warrant -- Warrants of committal -- Period of committal and discharge -- Punishment of non-Members other than by committal -- Fines -- Reprimand or admonition -- Prosecution of offenders -- Punishment of Members: House of Commons -- Reprimand or admonition -- Suspension -- Suspension and the salary of Members -- Expulsion -- Procedural fairness -- Punishment of Members: House of Lords -- Power to summon witnesses -- Ministerial accountability to Parliament -- ch. 12 privilege of Parliament -- What constitutes privilege -- Lords: privileges of Parliament and of peerage -- Historical development of privilege -- Freedom of speech -- Freedom from arrest -- Freedom of access -- Favourable construction -- Privilege with respect to membership of the House -- Modern application of privilege law -- ch. 13 Privilege of freedom of speech -- Freedom of speech in debate -- Publication of debates or proceedings -- Commons -- Lords -- Publication outside Parliament of proceedings and debates in Parliament -- Exclusive cognizance -- Pepper v Hart -- Article IX of the Bill of Rights -- `Impeached' and `questioned' -- `Proceedings in Parliament' -- `Court or place out of Parliament' -- Implied amendment, etc -- Proceedings, precincts and criminal acts -- ch. 14 Privilege of freedom from arrest -- Criminal law and statutory detention -- House to be informed of arrests -- House to be informed of sentences for criminal offences -- Statutory detention -- Detention under mental health legislation -- Other statutory detention -- Contempt of court -- Bankruptcy -- Privileges related to freedom from arrest -- Admissibility of Members as bail -- Members summoned as witnesses -- Exemption from jury service -- Duration of the privilege of freedom from arrest -- House of Commons -- House of Lords -- Privilege extending beyond Members -- ch. 15 Contempts -- Misconduct in presence of either House or a committee -- Members of the public -- Witnesses -- Disobedience to rules or orders of either House or of a committee -- General and particular rules -- Petitions and other documents -- Misconduct of Members or officers -- Members deliberately misleading the House -- Corruption or impropriety -- Professional services connected with proceedings -- Other misconduct by Members -- Misconduct by officers -- Constructive contempts -- Reflections on either House -- Publication of false or perverted reports of debates -- Premature publication or disclosure of committee proceedings -- Other indignities offered to either House -- Obstructing Members of either House in the discharge of their duty -- Arrest -- Molestation, reflections and intimidation -- Improper influence -- Misrepresenting Members -- Obstructing oficers of either House -- Obstruction or molestation -- Legal proceedings against officers, or affecting the House -- Obstructing witnesses and others -- Arrest -- Molestation of or interference with witnesses -- Tampering with witnesses -- Legal proceedings against witnesses -- Contempt, petitioners and constituents -- Petitioners, etc -- Constituents and others -- ch. 16 Complaints of breach of privilege or contempt -- Raising a complaint -- Hearing of counsel -- Consideration of reports of committees on complaints -- Proceedings against Members -- Complaints against Members or officers of the other House -- Complaints reported by committees -- Complaints by officers of either House -- Disclosure following Secret Session -- ch. 17 courts and parliamentary privilege -- opposing views -- First phase of the conflict -- second phase: the nineteenth century -- Early and mid-twentieth century -- later twentieth century -- Strauss case and the reference to the Judicial Committee -- Bilston Corporation v Wolverhampton Corporation -- Dingle v Associated Newspapers -- Stourton v Stourton -- Church of Scientology v Johnson-Smith -- British Railways Board v Pickin -- Anderson Strathclyde -- Zircon -- Australian Parliamentary Privileges Act 1987 -- Pepper v Hart -- Ex p Rees-Mogg -- Prebble v TV New Zealand -- Defamation Act 1996 -- Hamilton v Al Fayed -- twenty-first century -- v The United Kingdom -- Jackson v Attorney-General -- Reliance on parliamentary proceedings -- Wheeler -- Role of the Courts and the House of Commons: the Attorney-General's view -- new Privileges Act? -- pt. 3 CONDUCT OF BUSINESS -- ch. 18 sitting: general arrangements in the House of Commons -- Days and hours of sitting and rising -- Broken sittings -- Commencement of sitting delayed -- Extraordinary sittings and adjournments -- Attendance of Parliament at Divine service -- Attendance of Parliament at certain royal ceremonies -- Extraordinary adjournments -- moment of interruption -- Interruption of business -- Dilatory motions and closure -- Transaction of business after moment of interruption -- Disposal of questions pending at moment of interruption -- Procedure in committee on questions pending at interruption of business -- Certain motions after interruption of business -- Business not disposed of before the termination of a sitting -- Business exempted under various standing orders -- Proceedings under Acts of Parliament -- Proceedings on European Union documents -- Exemption of specified business by order of the House -- Suspension of a sitting -- Adjournment of the House, after question put -- Adjournment of the House, without question put -- On Saturday and Sunday -- Adjournment in cases of grave disorder -- Adjournment beyond the next day of sitting -- Quorum of the House -- Interruptions of business -- Proceedings in secret session -- Appearance of Members and peers before the Commons -- Sittings in Westminster Hall -- Background -- Hours of sitting -- Business -- Procedure -- ch. 19 control and distribution of time in the House of Commons -- Introduction -- time available to the House in a session.
  • Note continued: length of a session -- Times of sitting -- Times at which the House normally sits -- Arrangement of sittings -- Division of sittings between public and other business -- Time available for business other than public business -- Business taken before the commencement of public business -- Opposed private business -- Main varieties of public business -- Substantive motions -- Bills -- Delegated legislation and European Union documents -- Financial business -- Control of time in the House -- Basis and nature of the Government's control -- allocation of time to opposition and backbench business and private Members' bills -- Backbench business -- Private Members' bills -- Order of precedence of private Members' bills -- Westminster Hall -- Opposition time -- Business taken in government time -- government programme -- Address in reply to the Queen's speech -- Other forms of Addresses to the Queen -- Government bills -- Financial business -- Consideration of Estimates -- Money resolutions and Ways and Means business -- Other business related to financial matters -- Delegated legislation, etc, and European Union documents -- Instruments subject to affirmative resolution procedure -- Instruments subject to negative resolution procedure -- Instruments subject to cognate procedures -- Legislative reform orders -- European Union documents -- Other government business -- Government motions -- General debates -- Topical debates -- Substantive motions for the adjournment -- Adjournment motions moved by a Minister -- Extraordinary adjournments -- Daily adjournments -- Motions under Standing Order No 24 -- Private Members' business taken in government time -- Matters of privilege -- Motions under Standing Order No 23 (the `Ten Minute Rule') -- Committee of Selection -- Church of England Measures -- Miscellaneous private Members' business taken in government time -- Confidence motions -- ch. 20 Outline of the business of the House of Commons -- Differences in order of business between Fridays and other days -- Order of business -- Prayers -- Business taken immediately after prayers -- Report of Queen's answers to Addresses -- Formal communications by the Speaker -- Motions for new writs -- Private business -- Notice paper of private business -- Time for taking unopposed private business -- Time for taking opposed private business -- Motions for unopposed returns -- Questions -- Questions for oral answer and answers to oral and written questions -- Time for asking questions -- Notice of questions -- Questions for oral answer -- Questions for written answer -- Withdrawal of questions -- Deferral of questions, etc -- Speaker's control of questions -- Limitation of number of questions -- Persons to whom questions may be addressed -- Questions to the Speaker -- Questions to Ministers -- Questions to private Members -- Rules of order regarding form and contents of questions -- Argument and disorderly expressions -- Factual basis -- Personal reflections -- Royal family -- Royal prerogative -- Ministerial responsibility -- Parliamentary business -- Questions already answered, or to which an answer has been refused -- Decisions of either House -- Matters sub judice -- Miscellaneous -- Manner of asking oral questions -- Oral answers and supplementary questions -- Printed answers -- Urgent questions -- Business taken after questions -- Ministerial statements -- Introduction of new Members -- Proposals to hold an emergency debate under Standing Order No 24 -- Ceremonial speeches -- Personal statements -- Matters relating to privilege -- Business taken `at the commencement of public business' -- Presentation of public bills under Standing Order No 57 -- Government motions relating to committees -- Government motions regulating the business and sittings of the House -- Motions for leave to bring in bills or for nomination of select committees under Standing Order No 23 -- Privilege motions admitting of notice -- Orders of the day and notices of motion -- Reading of the orders of the day -- Procedure upon orders of the day -- Deferment of orders and motions -- Orders of the day not to be brought forward to an earlier date -- Orders of the day not reached before the adjournment of the House -- Discharge of orders of the day -- Procedure on notices of motion -- Unexpected ending of business and dropped orders -- Superseded orders -- Renewal of notices of motion -- Transaction of business as a matter of course -- Business motions under Standing Order No 15(2) -- Business exempted under Standing Orders Nos 15(1) and 16 (Proceedings under an Act or on European Union documents) -- Presentation of public petitions -- Adjournment motions under Standing Order No 9(7) -- Rules on daily adjournment motions under Standing Order No 9(7) -- General restrictions on debate on motions for the adjournment of the House -- ch. 21 process of debate in the House of Commons by motion, question and decision -- Motions -- Substantive and subsidiary motions -- Rules regulating notices of motion -- Manner of giving notice -- Period of notice -- Change of day for a motion -- Motions made without notice -- Waiver of the requirement for notice -- Change of terms of notice of motion -- Withdrawal of notice -- Rules governing the form and subject-matter of motions -- Matters which may be raised only on a substantive motion -- Matters awaiting judicial decision -- Matters already decided during the same session -- rule against anticipation -- Length of motions -- Manner of dealing with irregular notices of motion -- Alterations in the terms of question from terms of motion -- Moving of motions -- Proposal of motions -- Motions debated together -- Seconding of motions -- Questions -- Proposal of question upon a motion -- Withdrawal of motions -- Superseding the question -- Use of motion for adjournment of House or of debate -- Restrictions on motions for adjournment of House or of debate -- Use of the previous question -- Consideration interrupted -- Complicated questions -- Conclusion of debate -- Amendments -- Object of an amendment and effect on debate -- Amendments superseding a question -- Amendments modifying a question -- Selection of amendments -- Notice of amendments to motions -- Questions proposed on amendments -- Rejection both of amendment and original question -- Rules with respect to form and content of amendments -- Amendments to be relevant -- Amendments to be intelligible -- Other restrictions on contents of amendments -- Amendment to words added to, or inserted in, question, out of order -- Certain stock forms of questions not amendable -- Order of amendments -- Order in which amendments are considered -- Amendments to proposed amendments -- Decisions and divisions -- Putting of question at close of debate -- Voice and vote -- Procedure on a division -- Declaration of numbers -- Divisions unnecessarily claimed -- Irregularities discovered at the time of a division -- Division bells not rung, or not rung correctly -- Confusion over question -- Failure of teller to attend in lobby -- Absence of tellers during part of a division -- Failure of tellers to return to the Chamber -- Tellers count at wrong lobbies -- Member tells though not nominated -- Irregularity in locking the doors -- Members not allowed to vote -- Members enter lobby after order given to lock the doors -- Disagreement between tellers -- Tellers' miscount -- Tellers voting -- Errors discovered after a division -- Members not counted by tellers, or prevented from voting -- Member wrongly counted as having voted -- Members voting in the wrong lobby -- Members voting in both lobbies -- Member voting twice in the same lobby -- Time and manner of dealing with errors in a division -- Publication of division lists -- Pairing -- Casting vote of Speaker -- Principles on which Speaker gives casting vote -- Mr Speaker Addington's decision of 1796 -- Mr Speaker Denison's decisions of 1861 and 1867 -- Mr Speaker Denison's decision of 1860 -- Casting vote of Chairman in Committee of the whole House or in public bill committee -- Deferred divisions -- Orders and resolutions -- Orders and resolutions agreed to nemine contradicente -- Reversal of decisions by discharge, repeal, annulment and rescission -- Discharge of an order -- Addresses to the Crown -- Proceedings null and void -- Rescission of resolutions -- Restrictions on power of rescission -- Notice necessary to rescind a resolution -- Modification of resolution -- Reversal of decision -- ch. 22 Maintenance of order during debates in the House of Commons -- Rules governing the manner and time of speaking -- Manner of speaking -- Reading speeches -- Place of speaking -- Time of speaking -- Precedence in speaking -- New Members -- Precedence on resuming an adjourned debate -- Restriction of speeches -- Members to speak only once to a question -- Relaxation of rule on consideration of bill -- Right of reply -- Power to speak again when new question is proposed -- Interventions -- Speech on point of order -- Length of speeches -- Rules governing the contents of speeches -- Relevance in debate -- Debate on dilatory motions -- Motions for adjournment of the House -- Reference to proceedings in general and select committees -- References to debates in House of Lords -- References to Queen in debate -- Disloyal or disrespectful reference to Queen -- Use of Queen's name to influence debate -- Matters awaiting judicial decision.
  • Note continued: Reflections on Sovereign, etc -- Personal allusions and unparliamentary expressions -- Allegations against Members -- Citing documents not before House -- Law officers' opinions -- Responsibility for the laying of documents -- Display of articles to illustrate speeches -- Reference to the public -- Rules of behaviour for Members not speaking -- Members to keep their places -- Crossing before Members speaking -- Reading of books, etc -- Electronic devices -- Silence -- Hissing or clapping, etc -- Cries of `hear, hear', etc -- Members' dress -- Smoking and refreshment -- Powers of the Chair to enforce order -- Disciplinary powers under standing order -- Irrelevance or tedious repetition -- Minor breaches of order -- use of disorderly or unparliamentary expressions -- Grossly disorderly conduct -- Grave disorder -- Obstruction of the business of the House otherwise than by disorderly conduct or persistence in irrelevance or tedious repetition -- Members suspended other than by standing order procedure -- Right of Members to direct the attention of the Chair to supposed breaches of order -- Procedure when the Speaker rises -- Proceedings on the naming of a Member -- Suspension, withdrawal and exclusion from precincts -- Misbehaviour in the lobbies -- ch. 23 Methods of curtailing debate -- Standing orders and occasional orders -- Questions put forthwith -- Referral to committees -- Business of the House -- Financial procedure -- Other -- Time limits -- Elapse of period -- Time of day -- Elapse of period of time -- Brief debate -- Discretion of Chair -- Orders for particular occasions -- Selection of amendments -- Closure of debate -- ordinary closure -- When closure may be moved -- Closure on contingent questions -- Closure at moment of interruption -- Closure claimed on contingent questions at or after moment of interruption -- Closure on moving of motion or amendment -- Previous question -- Programme orders and allocation of time orders (guillotines) -- Procedure on programme orders -- Procedure on allocation of time orders (guillotines) -- Business Committee -- Usual provisions made under allocation of time orders -- Stages of bills -- Definition of allotted day -- Effect of moment of interruption -- Emergency debates -- Opposed private business -- Dilatory motions, etc -- Machinery for bringing proceedings to a conclusion -- Provision for subsequent supplemental orders -- Savings -- Other powers conferred by orders -- Provision for one question on a series of clauses -- Committal of part of a bill to a public bill (standing) committee -- Precedence over private Members' business -- Financial bills -- Provision as to Saturday sitting -- Orders in case of bills rejected by Lords -- Use of allocation of time orders -- Arrangements alternative to allocation of time and programme orders -- ch. 24 Public petitions -- Form of petitions -- Petitions to the Commons -- Petitions to the Lords -- Remonstrances, etc -- Signature, etc -- Forgery or fraud -- Character and substance of petitions -- Petitions from abroad -- Petitions for attendance of witnesses or production of evidence in a court of law -- Presentation of petitions -- Duty of Members in the presentation of petitions -- Presentation of petitions from the Corporation of London -- Petitions on first day of session -- Presentation of a petition from a Member -- Transmission by post -- Irregularities in petitions -- Presentation of petitions to the Lords -- Presentation of petitions to the Commons -- Informal method of presenting petitions -- Discussion of petitions relating to present personal grievances -- Proceedings following presentation of petition -- ch. 25 Organization and conduct of business in the House of Lords -- Arrangement of business -- Arrangement of the session -- Days and times of sitting -- Quorum -- Notice of business -- Business of which notice is required -- Business of which notice is not required -- Arrangement of the Order Paper -- Tabling of motions and questions -- Anticipation -- Wording of questions and motions -- Form and scope of questions -- Inadmissibility -- Government responsibility -- Questions relating to the business of either House -- Order of business -- Variation of order of business -- Advancement of business -- Postponement of business -- Precedence of adjourned business -- Variation by business of the House motion -- Proceedings in the House -- Prayers -- Introductions -- Form of ceremony -- Lords Temporal -- Lords Spiritual -- Oath of allegiance -- Messages from the Crown -- Royal Assent -- Tributes -- Personal statements -- Oral questions -- Private notice questions -- Ministerial statements -- Private bills -- Business of the House motions -- Public bills, measures, affirmative instruments and select committee reports -- Other motions -- Motions for papers -- Motions for resolutions -- Motions `To take note' -- Thursday debates -- Balloted debates -- Other Thursday debates -- Questions for short debate -- Leave of the House -- Adjournment -- Proceedings in Grand Committee -- Process of debate -- Moving of motions -- Putting the question upon a motion -- Withdrawal of motions -- Methods of postponing or superseding the question -- Adjournment of debate -- Amendment to motion -- `Next business' motion -- closure -- Putting of question at end of debate -- Rules of debate -- Preservation of order -- Precedence in speaking -- Speakers' lists -- Place of speaking -- Manner of speaking -- Use of electronic devices -- Interests -- Restrictions on speeches -- Speaking more than once -- Speaking after the reply -- Maiden speeches -- Committees on motions -- References to the House of Commons -- Quotation -- Personal criticism of members of the House of Commons -- Criticism of Commons proceedings -- Personal criticism of chief executives of executive agencies -- Reference to visitors -- Matters sub judice -- Use of the Queen's name to influence debate -- Interruptions -- Asperity of speech -- That the noble Lord be no longer heard -- Length of speeches -- Time-limited debates -- Attendance at debate -- Conduct of Lords not speaking -- Divisions -- Correction of numbers voting -- Publication of division lists -- Correction of wrong vote -- Quorum -- Equality of votes -- Proxies -- Protests -- pt. 4 PUBLIC LEGISLATION -- ch. 26 Preliminary view of public bills -- Public, private and hybrid bills -- Government and private Members' bills -- Where bills originate -- Form of a bill -- Citation and short titles -- Long title -- Preamble -- Enacting formula -- Clauses -- Schedules -- Extent -- Commencement -- Documents associated with a bill -- European Convention on Human Rights compatibility statement -- Explanatory notes -- Impact assessment -- Devolution -- Pre- and post-legislative scrutiny -- Pre-legislative scrutiny of draft bills -- Post-legislative scrutiny of Acts -- ch. 27 Proceedings on public bills in the House of Commons -- Introduction of bills -- Bills brought in upon an order of the House -- Bills founded upon financial resolutions -- Proceedings on `ten minute rule bills' under Standing Order No 23 -- Method of presentation of bills upon order -- Bills presented without an order (under Standing Order No 57(1) -- Ballot bills -- Bills brought from the House of Lords -- First reading and printing of bills -- Bills originating in the Commons -- Bills brought from the Lords -- Examination of a bill before printing -- Provisions to be within the order of leave or notice of presentation -- Financial provisions in bills -- Private Members' bills and charges -- Bills which are prima facie hybrid -- Bills with the same purpose as other bills of the same session -- Members `backing' a bill -- Temporary laws -- Printing of a bill before second reading -- Alterations in a printed bill -- Bills withdrawn and other bills presented -- Withdrawal of bills -- Certification of Scottish bills -- Second reading -- Second reading moved -- Reasoned amendments to question for second (or third) reading -- Effect of carrying a `reasoned amendment' -- Questions on reasoned amendments -- Dropped orders -- Deferment of private Members' bills after the interruption of business -- Proceedings on bill null and void -- No debate on second (or third) reading of Consolidated Fund Bills or Consolidation Bills -- Alternatives to second reading debate in the House -- Bills referred to a second reading committee -- Law Commission bills referred to a second reading committee -- Tax law rewrite bills referred to a second reading committee -- Bills referred to a Grand Committee -- Committal -- Programmed bills -- Exceptions to general practice -- Bills withdrawn after committal -- Appointment of public bill committees -- Transfer of bill from one kind of committee to another -- Financial resolutions -- Instructions to committees on bills -- Admissible instructions -- Extension of objects -- Extension of area -- Division of bill -- To consider or make certain amendments -- To restrict the scope of a committee's inquiry -- Inadmissible instructions -- Application of instruction to re-committed bill -- Procedure relating to instructions -- Notice, selection, etc -- Time for moving instructions -- Debate on motion for instruction -- Proceedings in committees on bills -- Functions of a committee on a bill -- scope of a bill -- Committees to which bills are committed.
  • Note continued: Committees of the whole House -- Proceedings on going into Committee of the whole House -- Bills taken in Committee of the whole House -- Chair in Committees of the whole House -- Power and duties of Chairman -- Procedure in Committee of the whole House -- Dilatory motions in Committee of the whole House -- Other interruptions of proceedings -- Consideration of the text of a bill -- Order in which bill is considered -- Division of clauses -- Transfer of clauses -- Postponement of consideration of clauses -- Division of bills -- Amendments -- Notice of amendments in committee -- Amendments of which notice has been given -- Amendments of which no notice has been given -- Withdrawal of amendments -- Order in which amendments are taken -- Admissible amendments -- No amendments to the framework -- Inadmissible amendments -- Amendments to particular types of bill -- Bills to confirm agreements -- Statute Law Revision Bills -- Statute Law (Repeals) Bills -- Consolidation Bills -- Amendment to leave out subsection of a clause -- Amendment ruled out of order after debate begun -- Proceedings upon italicized words and privilege amendments -- Question for clause standing part of a bill -- New clauses -- Withdrawal and postponement of new clauses -- Schedules and new schedules -- Preamble -- Title -- Proceedings of committee not known until reported -- Report of bill -- Close of committee proceedings and reporting of bill -- Reporting of bills from a Committee of the whole House -- Reporting of bills from public bill committees -- Change of long or short title -- When committee makes no report -- In Committee of the whole House -- In public bill committees -- Formal proceedings on report -- Bills reported from a Committee of the whole House -- Bills reported from public bill committees -- Bills reported from select or joint committees -- Reprinting of bills -- Consideration of bills on report -- Order for consideration read -- Order in which bill is considered -- Rules regarding amendments -- New clauses -- Amendments to the bill -- New schedules and schedules -- Amendment of title -- Irregularities in committee noticed on report -- Conclusion of consideration stage -- Consideration stage taken in a general committee -- Re-committal of bill -- Procedure under Standing Order No 74 -- Partial re-committal -- Further re-committal -- Report of re-committed bill -- Third reading -- Debate on third reading -- Amendments on third reading -- Debate in Grand Committees in lieu of third reading debate -- Bill passed -- ch. 28 Proceedings on public bills in the House of Lords -- Stages of a public bill in the Lords -- Successive stages of a bill to be taken on different days -- Recommended minimum intervals between the stages of a bill -- Introduction and first reading -- Bills originating in the House of Lords -- Bills introduced without notice or leave -- Procedure on introduction -- Bills brought from the Commons -- Procedure on introduction -- Bills brought up and printed when House is not sitting -- Proceedings after first reading -- Notice of subsequent stages -- Government and private Members' bills -- Commons bills not taken up within 12 sitting days -- Withdrawal of bills -- Delegated Powers and Regulatory Reform Committee -- Constitution Committee -- Second reading -- Opposition to second reading -- Second reading agreed to with amendment -- Procedure on amendments to second reading motion -- Other motions on second reading -- Motion for adjournment of second reading debate -- Resolution on the same day as second reading -- Commitment -- Instructions -- Mandatory instructions -- Permissive instructions -- Amendments -- Rules as to amendments -- Tabling of amendments -- Admissibility of amendments -- Printing and marshalling of amendments -- Marshalling -- Marshalled lists -- Manuscript amendments -- All amendments to be called -- Grouping of amendments -- Effect of groupings on third reading amendments -- Committee stage -- Proceedings in Committee of the whole House -- Powers and duties of Lord Chairman -- Powers of Committee of the whole House -- Procedure in Committee -- Postponement of title and preamble -- Clauses -- Amendments and clauses moved en bloc -- Postponement of clauses -- Schedules -- Preamble and title -- House resumed -- Conclusion of committee stage -- Order of commitment discharged -- Committee negatived -- Proceedings in Grand Committee -- Commitment of bills other than to a Committee of the whole House -- Public bill committee -- Special public bill committees -- Bill committed to select or joint committee -- Re-commitment -- Report -- Amendments on report -- Repeat amendments -- Amendments grouped and en bloc -- Manuscript amendments -- Rules of debate -- Third reading and passing -- Procedure on third reading -- Notice of amendments -- Admissibility of amendments on third reading -- Further proceedings after third reading -- Privilege amendment -- Passing of bill -- Bill sent to the Commons -- Consideration of Commons amendments, etc -- Special procedures on certain types of bill -- Consolidation bills -- Moving of stages of consolidation bills en bloc -- Bills of aids and supplies -- Consolidated Fund Bills -- Bills under the Parliament Acts 1911 and 1949 -- Money bills -- Other public bills -- Order Confirmation Bills -- ch. 29 Proceedings on public bills: matters affecting both Houses -- Communication of bills between the two Houses -- From Lords to Commons -- From Commons to Lords -- Bills sent by mistake -- Endorsement of bills -- Consideration of Lords amendments -- Time for considering Lords amendments -- Proceedings on consideration of Lords amendments -- Order in which Lords amendments are considered -- Lords amendments agreed to -- Lords amendments involving privilege -- Consideration of Commons amendments in the Lords -- Stages in process of securing agreement between the two Houses -- Relevance of propositions relating to Lords amendments -- Lords amendments disagreed to, or amended, by the Commons -- Committee to draw up reasons -- Message to the Lords -- Bill returned to Lords -- Further proceedings in Commons -- Lords reason for insisting upon their amendment -- Lords reason for disagreeing to Commons amendment to Lords amendment -- Lords amendment to Commons amendment to Lords amendment or to Commons amendment in lieu -- Lords amendment to the bill in lieu of Lords amendment disagreed to by the Commons -- `Double insistence' and the loss of the bill -- `Packaging' -- Bill originating in the Lords -- Practice with regard to bills rejected -- Bills rejected, etc, not to be introduced in same session -- Application of principle -- Proceedings in Lords with regard to bill laid aside by Commons -- Prorogation to revive bills -- Carry-over of bills -- In the Commons -- Proceedings on carry-over motions -- Proceedings on bills carried over -- In the Lords -- Royal Assent -- Proceedings on Royal Assent -- Royal Assent notified by the Speaker -- Royal Assent by Commission -- Assent given in the Sovereign's absence from the realm -- Report of Royal Assent in the House of Commons -- Emergency and other expedited legislation -- In the Commons -- More than one stage of a bill taken on the same day -- Emergency bill passed through all stages in one day -- In the Lords -- Standing Order No 47 dispensed with -- Standing Order No 47 suspended -- Emergency bill passed through all stages in one day -- Other procedural devices -- Procedure under the Parliament Acts 1911 and 1949 -- Bills other than Money bills -- Proceedings on the bill -- Rejection of bill by the Lords -- Limits of changes to bill in succeeding session -- Suggestion of amendments by the Commons -- Enacting words -- Speaker's certificate -- Challenge to validity of Parliament Act 1949 -- Proceedings on hybrid bills -- Proceedings in the House of Commons -- Reference to Examiners of Petitions for Private Bills -- Before second reading -- Bills to which the standing orders do not apply -- Bills which have not complied with the standing orders -- Bills in respect of which the standing orders have been dispensed with -- After second reading -- Hybrid bills originating in House of Lords -- Committal of hybrid bills -- Petitions against hybrid bills -- Proceedings in committee -- Report of bill and remaining stages -- Proceedings in the House of Lords -- Reference of bills to Examiners -- Report from Examiners -- Petitions -- Committal to select committee -- Hybridizing amendments -- Subsidiary points in connection with legislative procedure -- Proceedings following Royal Assent -- Printing and promulgation of statutes -- Commencement of Act -- Documents accompanying the Act -- Queen's and Prince of Wales's consent -- Queen's consent in respect of the prerogative -- Queen's consent in respect of her interest -- Prince of Wales's consent -- Other matters relating to consents -- Corrections to the text of a bill -- Informalities in bills -- Forms not binding in progress of bills -- Informalities in the agreement of both Houses -- Informalities relating to Royal Assent -- Transposition of titles -- Royal Assent given by mistake -- ch. 30 Delegated legislation -- Form and character of statutory instruments -- Statutory Instruments Reference Committee -- Sub-delegation -- Parliamentary control and scrutiny -- Laying before Parliament -- affirmative procedure -- `super-affirmative' procedure.
  • Note continued: negative procedure -- Time limits -- Treaties -- Proceedings on delegated legislation in the House of Commons -- Scope of debate -- Practice of the House of Lords on delegated legislation -- General -- Affirmative instruments -- Hybrid instruments -- Negative instruments -- Other motions relating to statutory instruments -- Scrutiny Committees -- Joint Committee on Statutory Instruments -- Commons Select Committee on Statutory Instruments -- Reports -- Lords Merits of Statutory Instruments Committee -- Legislative reform orders -- Proceedings in the Commons -- Proceedings in the Lords -- Remedial orders -- Non-urgent procedure -- Urgent procedure -- Delegated legislation affecting Northern Ireland -- Consideration of Northern Ireland Assembly legislation in reserved and excepted matters -- Proceedings in the Commons -- Proceedings in the Lords -- Delegation in Church of England matters -- Measures -- Ecclesiastical Committee -- Proceedings in both Houses -- Sub-delegation -- ch. 31 Parliamentary oversight of European Union matters -- General -- EU documents -- Explanatory Memoranda -- National Parliament Office -- scrutiny committees -- House of Commons -- House of Lords -- Scrutiny Reserve Resolutions -- Parliamentary Scrutiny Reserve -- Scrutiny clearance -- Procedures under the Lisbon Treaty -- `Passerelle' clauses and simplified revision procedures -- Scrutiny of United Kingdom `opt-ins' -- Conference of European Affairs Committees -- pt. 5 FINANCIAL PROCEDURE -- ch. 32 Financial procedure -- general -- Financial relations between the Crown and Parliament -- Scope of financial procedure -- Charges upon the public revenue or upon public funds -- Charges upon the people -- Limitation of scope of financial procedure as regards local government finance -- General rules of financial procedure of the Commons -- Rule 1 Legislative authorization and appropriation of charges -- Supply and Ways and Means -- Appropriation of expenditure -- Destination of revenue -- Legislative authorization for objects of expenditure -- Rule 2 Preliminary consideration of resolutions -- Rule 3 financial initiative of the Crown -- Supply and Ways and Means -- Novel expenditure authorized by financial resolutions -- Intervals between stages of taxation legislation -- Enforcement of rules of financial procedure -- Relaxation of financial rules in urgent cases -- Application to amendments of rules regulating financial procedure -- Crown's recommendation fixes the upper limits of a charge -- ch. 33 Public expenditure and Supply -- Introduction -- Long-term expenditure plans -- Resource accounting and budgeting -- Financial reporting to Parliament and financial scrutiny -- Alignment of departmental budgets and Estimates -- Supply Estimates -- Different kinds of Estimates -- Ordinary Annual Estimates (Main Estimates) -- Presentation and form of Estimates -- contents of the Estimates -- Part I -- Part II -- Part III -- Appropriations in aid -- Token Requests for Resources -- Revised Estimates -- Defence Votes A -- Votes on Account -- Votes on Account before a dissolution -- Supplementary Estimates -- Substantive Supplementary Estimates and New Estimates -- Token Supplementary Estimates -- Out-of-turn Supplementary Estimates -- Excess Votes -- Procedure on Excess Votes -- Other forms of authorizing expenditure -- Contingencies Fund -- Votes of Credit -- Exceptional grants -- voting of Estimates -- Estimates days -- Procedure under Standing Orders Nos 54 and 55 -- Timing of Estimates days -- Choice of Estimates for debate and vote -- Form of motions -- Form of amendments -- Relevance in debate -- Voting on individual Estimates -- Voting the remaining Estimates under Standing Order No 55 -- Other Supply proceedings -- Bills authorizing grants of Supply -- Consolidated Fund Bills -- first Supply bill of the session -- Appropriation Acts -- second Supply bill of the session -- third Supply bill of the session -- Appropriation to be completed each session -- annual cycle of Supply and appropriation -- Proceedings on Consolidated Fund and Appropriation bills -- Proceedings in the Commons -- Proceedings in the Lords -- Royal Assent -- ch. 34 Expenditure: Money resolutions -- Introduction -- Matters requiring a Money resolution and Crown recommendation -- expenditure involved must be new and distinct -- expenditure must be payable out of the Consolidated Fund or National Loans Fund -- Money to be provided by Parliament -- Consolidated Fund -- National Loans Fund -- New or additional charges upon local authority revenues -- Expenditure charged to the National Insurance Fund -- Remission or compounding of debts due to Crown -- Increase of expenditure by extension of time -- Increase of expenditure by extension of purposes, etc -- Increase of amount of expenditure -- Variation of appropriation and diversion of revenue -- Matters involving money but not requiring a Money resolution -- Procedure on Money resolutions -- Signification of Queen's recommendation -- Proceedings on Money resolutions -- Procedure on bills sanctioning expenditure -- Presentation under Standing Order No 50 -- Interpretation of `main object' in relation to a bill -- Italicized provisions -- Amendments in committee (or on report) -- Restrictive effect of terms of Money resolution -- Other forms of proceeding for the initiation of expenditure -- Standing Orders -- Business of the House motions -- ch. 35 Ways and Means and Finance Bills -- scope of Ways and Means -- Matters requiring authorization by Ways and Means resolution -- Taxation -- New taxation -- Continuation of an expiring tax -- Re-imposition of a repealed tax -- Increase in the rate of an existing tax -- Extension of incidence of tax -- Repeal or reduction of alleviations of taxation -- Delegation of taxing powers within the United Kingdom -- Fees, levies and other payments imposed by legislation -- Raising revenue -- Service previously financed by money voted by Parliament -- Scheme for the general benefit -- Grant of borrowing powers -- Payments into the Consolidated Fund or the National Loans Fund -- Matters, akin to charges upon the people, not initiated by Ways and Means resolutions -- Local receipts and taxes -- Alleviation of taxation -- Levies upon an industry for its own purposes -- Fees imposed for services rendered by departments -- National Insurance contributions -- Provisions authorized by existing law -- Fines and penalties -- Charges not effective till applied by subsequent legislation -- Procedure on Ways and Means resolutions and bills (general) -- Notice -- Scope of debate and amendment -- Inclusion of several duties in one resolution -- Bills founded on Ways and Means resolutions -- Debate and amendment of bills founded upon resolutions -- Royal Assent -- Bills with subsidiary Ways and Means provisions -- Budget and the Finance Bill -- Special procedure on Budget resolutions -- Provisional collection of taxes -- `Amendment of the law' resolution -- Scope of Finance Bills -- Scope of debate on second and third reading of the Finance Bill -- Finance Bill: committee stage -- Amendments in committee and on report -- Rules forbidding the increase of charges -- Charge in bill less than that authorized by resolution -- Provisions reducing existing charges -- ch. 36 role of the House of Lords in financial procedure -- financial functions of the Lotds -- Concurrence in Supply and taxation -- Insistence by the Lords on the financial powers reserved to them -- Messages from the Crown for pecuniary aid -- Consideration of public expenditure -- Restrictions under constitutional usage -- Basis of modern practice with respect to privilege -- Local revenues and National Insurance within the scope of privilege -- Funds not within the scope of privilege -- Actions which infringe privilege -- Restrictions on the Lords' right to initiate bills -- Relaxation of privilege by standing order -- Pecuniary penalties and fees -- Private legislation -- Privilege amendment -- Restrictions on the Lords' right to amend bills -- Lords amendments to bills of aids and supplies -- Provisions `tacked' to bills of aids and supplies -- Lords amendments to other bills infringing privilege -- Rejection of amendments infringing privilege -- Rejection by Commons of amendments infringing privilege in respect of the imposition of a charge -- Acceptance by the Commons of amendments infringing privilege -- Amendments infringing privilege with respect to local revenue -- Relaxation of privilege by standing order in the case of Lords amendments -- Pecuniary penalties and fees -- Local revenues in private bills -- Right to reject bills retained by Lords -- Adoption of the practice of an annual inclusive Finance Bill -- Rejection by Lords of separate financial provisions in non-financial bills -- Limitations imposed by the Parliament Act 1911 -- Definition of Money bill -- Procedure in passing Money bill -- `Money bills' under Parliament Act and bills of aids and supplies -- pt. 6 COMMITTEES -- ch. 37 Select committees in the House of Commons -- Appointment and nomination -- Procedures for appointment -- Election of chairs by the House -- Nomination of members -- Lists of Members serving on select committees -- Addition of Members to, and discharge of Members from, select committees -- Resignation of chairs elected by the House -- Motions of no confidence in chairs elected by the House.
  • Note continued: Unreasonable absence from select committees -- Participation of non-members of committee -- Scope of deliberations or inquiries -- Orders of reference -- Instructions -- Reference of papers to select committees -- Proceedings in selct committees -- Declaration of interests -- Time of first meeting -- Chair of a select committee -- Election of chair by a committee -- Absence of a chair -- Payment of chairs -- Powers of chair -- Tenure of chair -- Quorum -- Voting in select committees -- Rescission of resolutions of select committees -- Matters sub judice -- Formal minutes -- Sittings of select committees -- Sittings and adjournment of select committees -- Sittings outside the precincts of the House -- Sittings outside the United Kingdom -- Admission of the public -- Presence of Members at sittings of select committees -- Disorder in select committees -- Witnesses and evidence -- Papers and records -- Documents presented to select committees -- Witnesses -- Attendance of Members and Officers -- Evidence from civil servants -- Oral evidence -- Administration of oaths by committees -- Hearing of parties before committees -- Witnesses from overseas -- Publication of oral and written evidence -- Publication of evidence before it is reported to the House -- Sub-committees -- Specialist advice and assistance -- Reports of select committees -- Power of committees to report their opinion -- Preparation of draft report -- Consideration of draft report -- Consideration of reports from sub-committees -- Minority reports -- Procedure where a committee is unable to agree upon a report -- Presentation of reports to the House -- Special reports -- Unfinished inquiries -- Publication of reports, etc -- Government replies to reports -- Contempts relating to select committees -- Premature publication or disclosure of committee proceedings -- Disobedience to orders of committees -- Obstructing witnesses -- Arrest -- Molestation of or interference with witnesses -- Tampering with witnesses -- Legal proceedings against witnesses -- Select committees regularly appointed -- Select committees related to government departments -- Liaison Committee -- National planning policy statements -- Core tasks -- Committee on Standards and Privileges -- Privileges -- Standards -- Committee of Public Accounts -- Environmental Audit Committee -- Select Committee on Public Administration -- Procedure Committee -- Committees on reform of the House of Commons -- Backbench Business Committee -- Regulatory Reform Committee -- European Scrutiny Committee -- Select Committee on Statutory Instruments -- Finance and Services Committee -- Administration Committee -- Committees relating to Members' allowances -- Committee of Selection -- Speaker's conferences on electoral matters -- Regional select committees -- Consideration of reports of select committees -- Select committees' consideration of public bills -- Inability of select committees to decide against bills -- Select committee returns -- ch. 38 General committees in the House of Commons -- Introduction -- Membership, sittings, procedure, etc of general committees -- Membership of general committees -- Participation of other Members, etc -- Discharge of members -- Chair in general committees -- Sittings of general committees -- Adjournment -- Suspension of sitting -- Afternoon sittings -- Procedure in general committees -- Powers of the Chair -- Reference to general committees of notices of amendments -- Rules of debate -- Disorder -- Admission of the public -- Quorum -- Divisions -- Records of proceedings of general committees -- Formal records of proceedings -- Official Reports of debates -- Public bill committees -- Operation of programme orders -- Allocation of time orders -- Evidence -- Oral evidence -- Written evidence -- Selection of amendments -- Re-committal of bills to public bill committees -- Power of public bill committees with regard to provisions imposing charges -- Instructions to public bill committees -- Reporting of bills before consideration has been completed -- Other general committees dealing with bills -- Second reading committees -- Committees for consideration of bills on report -- Committees on delegated and European legislation -- Delegated legislation committees -- Reference of instruments to committees -- Constitution of delegated legislation committees -- Procedure in delegated legislation committees -- Subsequent proceedings -- European Committees -- Reference of European Union documents to committees -- Constitution of European Committees -- Procedure in European Committees -- Subsequent proceedings -- Grand Committees -- Scottish Grand Committee -- Business of the committee -- Questions -- Ministerial statements -- Substantive motions for the adjournment of the committee -- Other business of the committee -- Half-hour adjournment -- Sittings outside Westminster -- Welsh Grand Committee -- Business of the Committee -- Questions -- Ministerial statements -- Matters relating exclusively to Wales -- Other business of the committee -- Half-hour adjournment -- Sittings outside Westminster -- Speeches in Welsh -- Northern Ireland Grand Committee -- Business of the committee -- Questions -- Ministerial statements -- Legislative proposals and other matters relating exclusively to Northern Ireland -- Delegated legislation -- Other business of the committee -- Half-hour adjournment -- Sittings outside Westminster -- Regional Affairs Committee -- Regional Grand Committees for the English regions -- ch. 39 Select committees in the House of Lords -- General matters concerning select committees -- Sessional committees -- Appointment of select committees -- Duration of appointment -- Orders of reference -- Amendment of orders of reference and instructions -- Reference of papers to select committees -- Membership of select committees -- Composition of committees -- Rotation rule -- Participation by non-members -- Chairman -- Powers of select committees -- Powers possessed by all committees -- Power to adjourn and meet without leave -- Power to confer with committees of the House of Commons -- Powers conferred by order of the House -- Power to send for papers or persons -- Power to appoint sub-committees -- Power of co-option -- Power to report -- Power to adjourn from place to place -- Power to hear counsel -- Power to appoint specialist advisers -- Proceedings in select committees -- Quorum -- Admission of the public -- Divisions -- Evidence -- Publication of evidence -- Specialist advisers and expert assistance -- Reports of select committees -- Preparation of draft report -- Consideration of draft report -- Minority reports -- Procedure where a committee is unable to agree on a report -- Consideration by select committee of reports from sub-committees -- Presentation of report to the House -- Special reports -- Unfinished inquiries -- Publication of report -- Government replies to reports -- Debates on reports -- Particular functions of select committees -- Legislative committees -- Investigative committees -- Domestic committees -- Principles underlying select committee activity -- Legislative committees -- Delegated Powers and Regulatory Reform Committee -- Constitution Committee -- Merits of Statutory Instruments Committee -- Investigative committees -- European Union Committee -- Science and Technology Committee -- Economic Affairs Committee -- National Security Strategy -- Pre-legislative scrutiny committees -- Domestic committees -- House Committee -- Committee for Privileges and Conduct -- Procedure of the House Committee -- Liaison Committee -- Committee of Selection -- ch. 40 Joint committees of the Lords and Commons -- Mandate and powers of joint committees -- Appointment -- Nomination of members of joint committees -- Sittings and procedure of joint committees -- Quorum of a joint committee -- Time and place of meeting -- Procedure in joint committees -- Reports of joint committees -- Permanent joint committees -- Joint Committee on Consolidation, & c, Bills -- Joint Committee on Statutory Instruments -- Joint Committee on Human Rights -- Joint Committee on Tax Law Rewrite Bills -- Joint Committee on the National Security Strategy -- pt. 7 PRIVATE LEGISLATION -- ch. 41 Preliminary view of private bills -- Introduction and history -- Distinctive character of proceedings on private bills -- Legislative and judicial functions of Parliament -- Principles by which Parliament is guided -- Private bills pass through same stages as public bills -- Jurisdiction of the courts -- Classification of bills as public, private or hybrid -- Bills brought in by the Government for local purposes, etc -- Bills relating to London -- Greater London -- Bills relating to the River Thames -- Port of London -- City of London -- Bills relating to cities and counties, etc -- Bills applicable to several localities -- Bills promoted by a county council or metropolitan district council jointly with, or on behalf of, district councils -- Bills relating to the administration of justice in particular areas -- Bills concerning property owned by religious communities, colleges, etc -- Repeal of public Acts by private bills -- Certain subjects considered unsuitable for private legislation -- Private bills objected to on the ground that they should have been public bills -- Private bills withdrawn or not proceeded with.
  • Note continued: Bills concerning public funds -- Private bills allowed to proceed -- Public bills introduced in place of private bills withdrawn -- Alternatives to proceeding by private bill -- Orders under the Transport and Works Act 1992 -- Special procedure orders -- Private Legislation Procedure (Scotland) Act -- Private legislation affecting `Scotland and elsewhere' -- ch. 42 Preliminary proceedings in both Houses on private bills -- Deposit of petitions for bills -- Standing Orders (private business) -- Compliance before presentation of bill -- Compliance after presentation of bill -- Compliance proved before the Examiners -- Personal bills (Standing Order 191A (HC), Standing Order 3 (HL)) -- Deposits of bills (Standing Orders 38, 39 (HC, HL)) -- Compatibility with European Convention on Human Rights (Standing Order 38(3) (HC, HL)) -- General list of petitions (Standing Order 194 (HC)) -- Memorials complaining of non-compliance -- In respect of petitions for bills deposited on or before 27 November -- In respect of petitions for bills deposited after 27 November -- In respect of petitions for additional provision, etc -- Preparation of memorials -- Withdrawal of memorials -- Sittings of the Examiners -- Notice of examination -- Striking off and reinsertion of petitions for bills (Standing Orders 72, 106 (HC)) -- Statement of proofs -- Proof by affidavit (Standing Order 77 (HC), Standing Order 80 (HL)) -- Unopposed cases -- Opposed cases -- Hearing of parties on a memorial (Standing Orders 75, 76 (HC), Standing Orders 76, 77 (HL)) -- Questions of merits excluded -- Decisions of the Examiners -- Communication of Examiners' decisions (Standing Order 70 (HC), Standing Order 72 (HL)) -- Special report from the Examiners (Standing Order 79 (HC), Standing Order 81 (HL)) -- Standing Orders Committee (House of Commons) -- Examiners' reports referred (Standing Order 104 (HC)) -- Examiners' special reports referred (Standing Order 104 (HC)) -- Proceedings of the Standing Orders Committee -- Principles by which the Standing Orders Committee is guided -- Standing orders dispensed with and leave given to parties to proceed -- Standing orders not to be dispensed with -- No recommendation by Standing Orders Committee -- Special reports from Standing Orders Committee -- Committee of Selection (House of Commons) -- Supervision of private bills by Chairman of Ways and Means and Lord Chairman of Committees -- Supervision by Chairman of Ways and Means and Speaker's Counsel -- Supervision by the Lord Chairman and his Counsel -- Division of bills between the two Houses before presentation (Standing Order 81 (HC), Standing Order 90 (HL)) -- Departures from usual procedure on private bills -- Petitions for bills deposited after time (`late bills') -- Petition for additional provision -- Withdrawal of bills in Commons -- Parliamentary agents -- Rules relating to parliamentary agents and petitioners -- Registry of agents (Standing Order 192 (HC)) -- Members and Officers of the House disqualified as agents -- Unqualified persons not entitled to call themselves parliamentary agents -- Fees payable on private bills -- Default on fees -- Application -- Taxation of costs -- Lists of charges -- Applications for taxation -- Costs in both Houses taxed together -- Costs of certain public bills and of special procedure orders -- ch. 43 Petitions in favour of, against, or relating to private bills in the House of Commons; and the Court of Referees -- Presentation and withdrawal of petitions (Standing Orders 171, 171A, 172, 173, 219) -- Petitions in favour of private bills -- Petitions against private bills -- Petitions to be presented before a prescribed time (Standing Orders 171A, 217) -- Petitions to stand referred to committee on the bill and right of audience (Standing Orders 126, 127, 217) -- Petitions presented after time -- Grounds of objection to be specified (Standing Order 128) -- Locus standi of petitioners: the Court of Referees -- Constitution and duties (Standing Orders 89, 90) -- Rules of procedure (Standing Orders 91, 91A) -- Notice by promoters of intention to object -- Manner of hearing locus standi cases -- Locus standi limited to points alleged in petition -- Entitlement to locus standi: general principles -- Locus standi on the ground of contingent damage -- Locus standi of bodies representing associations, etc -- Locus standi on grounds of competition (Standing Order 92) -- Locus standi of council and municipal authorities, etc (Standing Orders 96-101) -- Locus standi of shareholders, preference shareholders, and `dissentients' at a `Wharncliffe' meeting (Standing Order 93) -- Locus standi of local electors and other persons represented -- Locus standi against bills brought from the Lords -- Locus standi objected to on ground of want of precision or informality -- Locus standi and the `filled-up' bill -- Objections in the House to decisions of Referees -- ch. 44 Proceedings in the House of Commons on private bills -- General -- Giving of notices in connection with private business -- Notices printed with the business papers -- Private business -- Deferment of stages of private bill, etc if opposed -- Conduct of bills in the House -- Private bill registers (Standing Order 192) -- Proceedings from presentation to Committee stage -- Presentation of a bill (Standing Order 163) -- Printing of private bills (Standing Orders 38, 164, 168) -- Financial memorandum required in certain cases (Standing Order 169) -- First reading (Standing Order 166) -- Lords bills read the first time and referred to the Examiners (Standing Orders 74 and 166) -- Bills referred to the Examiners under Standing Order 61 (HC and HL) -- Bills referred to the Examiners under the `Wharncliffe' Orders (Standing Orders 62-67 (HC and HL)) -- Second reading and financial resolutions -- Interval between first and second reading (Standing Order 170) -- Notice of second reading (Standing Order 198) -- Provisions in private bills, or petitions for additional provision, imposing charges -- Bills other than those affecting grants to local authorities -- Bills affecting grants to local authorities -- House of Lords and charges upon the people in private bills -- Debate on second reading -- Limitation of scope of debate on second reading -- Bills debated together on second reading -- Second reading not moved -- Committal (Standing Order 109) -- Instructions -- Time for moving instructions -- Principles of instructions to private bill committees -- Power of committee to make amendments -- Standing Order 175 and its effect on instructions -- Mandatory instructions -- Permissive instructions -- Inadmissible instructions -- Nomination of committees -- Committee on unopposed bills (Standing Orders 111 and 132) -- Committees on opposed bills (Standing Orders 109-114) -- Composition of committees (Standing Order 111) -- Members of committees on opposed bills to sign declaration (Standing Order 120) -- Notice to be given to members to serve on committee (Standing Order 115) -- Members returning no answer (Standing Order 116) -- Members refusing to attend -- One Member substituted for another (Standing Order 117) -- Interval between committal of opposed private bill and sitting of committee (Standing Order 177) -- Bills referred to specially constituted committees -- Notice of first sitting of committee on private bill (Standing Order 199) -- `Filled-up' bill to be deposited (Standing Orders 137, 200) -- Submission of bills to the Chairman of Ways and Means (Standing Orders 82, 84, 85) -- Scrutiny by government departments -- Committee stage and subsequent proceedings -- Standing orders relating to committees on opposed bills -- Declaration of members (Standing Order 120) -- Quorum (Standing Orders 121, 122) -- Indication of intention to appear before committee -- When opposed bills become unopposed (Standing Order 131) -- Reference of petitions to committee (Standing Order 126) -- Standing orders relating to the committee on unopposed bills -- Member interested not to vote (Standing Order 133) -- Right of promoters to be heard (Standing Order 134) -- Standing orders relating to committees on bills, whether opposed or unopposed -- Method of deciding questions (Standing Order 135) -- Minutes of proceedings (Standing Orders 138, 145) -- Proof of compliance with certain standing orders only (Standing Order 139) -- Ministerial reports (Standing Orders 144, 158) -- Proceedings in committee 980 Committee's power to hear evidence -- Power to adjourn from place to place and visits to sites -- Undertakings 981 Committee on unopposed bills -- Committees on opposed bills -- Committee room: when open and when cleared -- Parties appear before the committee -- Appearance upon petitions on matters arising in committee -- Proceedings on the bill -- Submissions in support of the bill -- Rules as to the hearing of petitioners -- Proceedings on petitions against alterations -- Hearing of witnesses and ministerial representatives -- Reply of counsel for the bill -- Admissible clauses and additional provisions -- Decision of the committee -- Preamble of bill proved -- Preamble of bill not proved -- Alterations in preamble -- Award of costs in certain circumstances to petitioners against or promoters of a private bill -- Award of costs in case of special procedure orders -- Duties of chair when reporting private bill -- Minutes of evidence -- Special reports from private bill committees -- Recommendations by committees -- Adjournment of committees on opposed bills to be reported (Standing Order 125).
  • Note continued: Report of bill -- Reprinting of private bill as amended in committee (Standing Orders 179, 203) -- Re-committal of private bill -- Proceedings on and after report of private bill (Standing Order 178) -- Interval between report and consideration of bill (Standing Order 181) -- Bill as amended laid before Chairman of Ways and Means, etc (Standing Orders 86, 180, 181) -- Notice of consideration of bill (Standing Order 201) -- Rules as to amendments proposed to be moved on consideration, etc of bill -- Proposed clauses or amendments referred to Standing Orders Committee (Standing Orders 182, 107) -- Proceedings on consideration and third reading -- At the time of unopposed private business -- Notice of third reading of a private bill (Standing Order 205) -- Debate on consideration and third reading -- Entry of amendments on consideration or third reading (Standing Order 206) -- Recommittal on third reading -- Queen's consent -- Stages taken by mistake -- Bills brought from the Lords in error -- Bill examined before being sent to the Lords (Standing Order 207) -- Lords amendments (Standing Orders 88, 186, 208, 208A) -- Commons' privileges infringed by the Lords -- Suspension of standing orders -- Suspension or revival of bills -- ch. 45 Proceedings on private and personal bills in the House of Lords -- Introductory -- Private bills -- Chairman of Committees -- Private bills -- Petitions for late bills and for additional provision (Standing Orders 2 and 97) -- Proceedings before the Examiners -- Standing Orders 4-68 -- Standing Orders 69-83 -- Standing Orders Committee (Standing Orders 84-89) -- First reading (Standing Order 98) -- Compatibility with the Human Rights Act 1998 (Standing Orders 38, 91 and 98A) -- Joint Committee on Human Rights -- Petitions against private bills (Standing Orders 101-103) -- Second reading -- Instructions -- Commitment -- Unopposed bills referred by the Chairman of Committees to a select committee -- Select committees on opposed private bills -- Membership (Standing Order 104) -- Appointment of members (Standing Order 95) -- Interests (Standing Order 96) -- Attendance of members (Standing Orders 105 and 106) -- Equality of votes on a division in a committee -- Withdrawal of opposition (Standing Order 113) -- Hearing and evidence (Standing Orders 109 and 110) -- Visits to sites -- Locus standi of petitioners (Standing Order 114) -- Costs -- Special reports -- Bill as amended in committee -- Rejection of bill by select committee -- Unopposed bills -- Unopposed bills committed to unopposed bill committees (Standing Order 121) -- Matters common to committees on opposed and unopposed bills (Standing Orders 123-146) -- Copies of filled-up bill to be laid before the Chairman of Committees (Standing Order 123) -- Powers of committees, and their limitations -- Reports of public departments (Standing Order 127) -- Arrangements between parties and undertakings given in committee (Standing Order 130) -- Re-commitment to Committee of the whole House (Standing Order 94) -- Deposit of amended bills (Standing Order 147) -- Report stage -- Third reading -- Queen's consent -- Proceedings after third reading -- Commons amendments -- Withdrawal of bills -- Personal bills -- Royal Assent -- Classification of private Acts.
Genre
  • Bibliography
  • Rules.
  • text
Language
  • English

Summary

  • The eponymous guide to parliamentary practice and procedure, 'Erskine May' provides accurate and detailed information on the constituent parts of parliament, its powers and jurisdictions, membership of either house, financial procedure and the process of debate.

Summary holdings does not include live availability details. Select a library name for the full Holdings display.

Location of copy Shelfmark Online location Holdings Notes
University of Birmingham Libraries: Main Library, Reference KM82
University of Bristol Libraries: Wills Memorial Library KM82 MAY 7 day loan: non-vacation loan
British Library: General Reference Collection, St Pancras Reading Rooms SPHOA OPL 328.41
British Library: Lending Collection m11/.20237
University of Cambridge Libraries: University Library: Main Reading Room, past the catalogue hall, First Floor, not borrowable R542.108
University of Cambridge Libraries: Squire law Library: Store J.gg.9.M.1
University of Dundee: Main Library KM 82 M 467
University of East Anglia Library: Main Library: Main shelves KD4215 MAY
University of Hull: BJL Reading Room HDC JK 500 M4
Institute of Advanced Legal Studies Library: Institute of Advanced Legal Studies Depository 50208
King's College London Library: Maughan Library ; [Law Short-loan] KD4215 MAY Rolling 24hr loan
LSE Library: Main collection books KD4215
University of Leicester Library: David Wilson Library, Floor 2 Blue Zone 342.3 ERS
Liverpool John Moores University: Aldham Robarts Library, Main Collection 328.41 JAC
University of Manchester Library: Main Library: Blue Area Floor 2 328.42
National Library of Scotland: General Reading Room, Edinburgh (stored in Advocates Library) Law
National Library of Wales / Llyfrgell Genedlaethol Cymru: Contact the National Library of Wales / Llyfrgell Genedlaethol Cymru PRINT 2012 MB 15746
Northumbria University Library: City Campus Library, Floor 2 328.41 ERS
University of Nottingham Libraries: Hallward Library
University of Oxford Libraries: Bodleian Law Library KM84.MAY 2011
University of Portsmouth: University Library, First Floor 328.4105 Standard
Queen Mary University of London Library: Mile End Library KD4205 ERS ONEWEEK
University of Reading Library: University Library: 2nd Floor 328.425-MAY
University of Southampton Library: Hartley Library JN 555 MAY
University of Strathclyde Library: Standard Loan MLD D 328.4105 MAY
Trinity College Dublin Library: Berkeley, 1st Floor 342.42 L6*23
UCL Library Services: UCL Main Library LAW E 12 MAY
University of Warwick Library: Main Library, Reference KM 84.M2
University of Westminster: Regent Library, Held at counter 328.4105
University of York Libraries: University Library: Morrell - Ordinary (reference only copies) H 8.4205 MAY

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