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CHAPTER
4:
THE SCOTTISH EXECUTIVE
Rule 4.1 Nomination of First Minister
1.
The nomination of a member for appointment as First Minister under section 46(1) shall be conducted in accordance with the following provisions.
2.
The date and time for the voting period to select a nominee shall be determined-
(a) in the case of a selection following a general election when the Parliamentary Bureau has not been established, by the Presiding Officer, provided that the date of the first such voting period shall not be later than 14 days after the date of the general election; and
(b) in any other case, by the Parliament on a motion of the Parliamentary Bureau,
and the date and time of the voting period shall be notified to members.
3.
Any member may, not later than 30 minutes before the time appointed for the voting period for selection of a nominee, nominate a candidate for appointment as First Minister by submitting a written nomination to the Clerk.
4.
A nomination shall be valid only if it is seconded by another member.
5.
A member nominated as a candidate must take the oath of allegiance or make a solemn affirmation before the time appointed for the voting period to select a nominee. If he or she has not done so, the Presiding Officer shall reject his or her nomination.
6.
At the time appointed for the voting period to select a nominee, the Presiding Officer shall announce the name or names of the candidate or candidates and the nominee shall then be selected in accordance with Rule 11.10.
Rule 4.2 Designation of person to exercise functions of First Minister
1.
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).
Rule 4.3 Appointment of Scottish Law Officers
1.
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.
2.
Such a motion may relate to one or both of the appointments to be recommended.
3.
Before the Presiding Officer puts to the Parliament the question on a motion relating to both appointments, the motion may be amended without notice but only to delete that part of the motion relating to one of the appointments.
4.
If there is a division on such a motion, the result is valid only if the number of members who voted is more than one quarter of the total number of seats for members. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.
Rule 4.4 Removal of Scottish Law Officers
1.
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.
Rule 4.5 Participation of Scottish Law Officers in proceedings
1.
This Rule applies where the Lord Advocate or Solicitor General for Scotland ("the Scottish Law Officer") is not a member of the Parliament.
2.
The Scottish Law Officer may (subject always to the provision in section 27(1)(a) preventing him or her from voting) participate in any of the proceedings of the Parliament as fully as any member but he or she may not be appointed as a member of the Parliamentary corporation or the Parliamentary Bureau.
3.
These Rules shall apply to the Scottish Law Officer, when he or she is participating in any proceedings of the Parliament, as if he or she were a member of the Parliament.
4.
Paragraphs 2 and 3 are without prejudice to section 27(2) (application of rules regarding members' interests) and section 27(3) (questions and documents relating to operation of system of criminal prosecution).
Rule 4.6 Appointment of other Scottish Ministers
1.
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.
2.
He or she shall by motion seek the agreement of the Parliament to the appointment of either-
(a) an individual member to be a Minister; or
(b) a group of 2 or more members to be Ministers.
The provisions of Rules 8.2.5 and 8.2.6 shall not apply to such a motion.
3.
Before the Presiding Officer puts to the Parliament the question on a motion relating to a group of members, the motion may be amended but only to delete that part of the motion relating to a particular member or members.
4.
If there is a division on such a motion, the result is valid only if the number of members who voted is more than one quarter of the total number of seats for members. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.
Rule 4.7 Appointment of junior Scottish Ministers
1.
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).
Rule 4.8 Resignation of Ministers
1.
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.
2.
Where any other member of the Scottish Executive or a junior Scottish Minister resigns, the Presiding Officer shall notify the resignation to the Parliament.
CHAPTER
5:
THE PARLIAMENTARY BUREAU AND MANAGEMENT OF BUSINESS
Rule 5.1 Parliamentary Bureau
1.
The Parliament shall establish the Parliamentary Bureau in accordance with these Rules.
2.
The main functions of the Parliamentary Bureau shall be-
(a) to propose the business programme as mentioned in Rule 5.4;
(b) to propose alterations to the daily business list;
(c) to propose the establishment, remit, membership, and duration of any committee or sub-committee; and
(d) to determine any question regarding the competence of a committee to deal with a matter and, if two or more committees are competent to deal with a matter, to determine which of those committees is to be the lead committee responsible for that matter.
3.
The Parliamentary Bureau shall have such other functions relating to the business of the Parliament or of any committee or sub-committee as may be conferred upon it by these Rules or by the Parliament.
4.
The Parliamentary Bureau shall not be regarded as a committee for the purpose of these Rules.
Rule 5.2: Members of the Parliamentary Bureau
1.
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.
2.
Members who represent a political party with fewer than 5 representatives in the Parliament and members who do not represent a political party may join together to form a group for the purposes of nominating a group representative under paragraph 1(c). The number of members in any such group shall be at least 5.
3.
A nomination of a party or group representative may be made to the Presiding Officer at any time during a Parliamentary session but must be made in writing and, in the case of the nomination of a group representative, must be signed by each member of the group.
4.
If a member wishes to join a group or no longer wishes to form part of that group, he or she shall notify the Presiding Officer and the group representative that the group representative represents or, as the case may be, no longer represents him or her.
5.
If, at any time and for whatever reason, a party or group representative no longer represents 5 or more members (including himself or herself), he or she shall cease to hold office as a member of the Parliamentary Bureau and the Presiding Officer shall notify the Parliament accordingly.
6.
Where a party or group representative ceases to hold office as a member of the Parliamentary Bureau in any circumstances other than those mentioned in paragraph 5, the leader of the party or the group which nominated that representative shall nominate another representative to it in place of him or her.
7.
A party or group representative may arrange for another member to take his or her place at a meeting of the Parliamentary Bureau if the Presiding Officer has been notified in writing in advance of that meeting.
Rule 5.3 Procedure of Parliamentary Bureau
1.
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.
2.
The Parliamentary Bureau shall meet in private.
3.
The Parliamentary Bureau shall not consider any business if the number of members of the Bureau who are present is fewer than half of the total number of members of the Bureau.
4.
Matters to be decided by the Parliamentary Bureau shall, in the event of any disagreement, be decided by a vote. The vote shall be conducted in such a manner as the Presiding Officer may determine.
5.
A party or group representative shall carry one vote for each member of the party or group which he or she represents (including himself or herself). The representative shall notify the Presiding Officer and other members of the Parliamentary Bureau of the number of votes which he or she carries and of any changes to that number.
6.
A deputy Presiding Officer may attend any meeting of the Parliamentary Bureau and may participate in the proceedings but may not vote unless he or she is chairing the meeting in place of the Presiding Officer when he or she shall have a casting vote.
7.
The Parliamentary Bureau may invite members who are not members of the Parliamentary Bureau to attend a meeting of the Parliamentary Bureau and those persons may participate in the meeting but may not vote.
Rule 5.4 Business programme
1.
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.
2.
The business programme shall include an agenda of business for any meeting of the Parliament which is due to be held during that period and may include the timetable for consideration by the Parliament, any committee or sub-committee of-
(a) any Bill or any provision of a Bill;
(b) any legislation or draft legislation of the European Communities or any provision of such legislation; or
(c) any subordinate legislation or draft subordinate legislation.
3.
The business programme shall be notified to members in the Business Bulletin.
Rule 5.5 Daily business list
1.
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.
2.
The daily business list shall be notified to members in the Business Bulletin.
3.
The Parliament may, on a motion of the Parliamentary Bureau, make alterations to the daily business list. Any such alterations shall be notified to members in the Business Bulletin.
4.
If any emergency business arises, the Presiding Officer may allow that business to be taken at an appropriate point during a meeting of the Parliament and shall make any necessary alteration to the daily business list. Members shall be notified that the emergency business is to be taken and of any subsequent alteration to the daily business list.
Rule 5.6 Special cases of Parliamentary business
1.
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.
2.
For the purposes of this Rule, a half sitting day is the period between 09:30 and 12:30 or between 14:30 and 17:00 on a sitting day from Monday to Thursday and the period from 09:30 to 12:00 on a sitting day on Friday.
Rule 5.7 Programme of the Scottish Executive
1.
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.
2.
The Parliamentary Bureau shall ensure that sufficient time is set aside in the business programme for the statement to be made and debated.
Rule 5.8 Financial business
1.
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.
2.
"Consideration of financial proposals" means consideration by committees of documents laid before the Parliament setting out outline proposals for public expenditure in the forthcoming financial year and consideration by the Parliament of any report and recommendations of the Finance Committee concerning such documents.
3.
"Consideration of draft budgets" means consideration by committees of documents laid before the Parliament setting out preliminary draft budgets of public expenditure in the forthcoming financial year.
4.
"Financial year" means the year beginning on 1st April.
Rule 5.9 Business Bulletin
1.
The Clerk shall produce the Business Bulletin.
2.
The Business Bulletin shall include-
(a) the business programme;
(b) the daily business list;
(c) agendas for committee meetings;
(d) notices of oral questions for answer at Question Time or Open Question Time;
(e) written questions;
(f) notices of motions and amendments to motions;
(g) notices of Bills introduced into the Parliament and amendments to Bills;
(h) notices of any subordinate legislation or draft subordinate legislation or any other document which is laid before the Parliament; and
(i) any other item which requires to be notified to members,
and the Business Bulletin may include any other information which the Clerk considers appropriate.
3.
The Business Bulletin shall be issued to members by whatever means the Presiding Officer considers appropriate and shall be made public.
4.
The Clerk shall keep the Business Bulletin under review and if necessary shall issue to members an amended version of any part of it.
CHAPTER
6:
COMMITTEES
Rule 6.1 Establishment of committees
1.
The Parliament may, on a motion of the Parliamentary Bureau, establish such committees as it thinks fit.
2.
Any member may by motion propose the establishment of a committee.
3.
The Parliamentary Bureau may, whether in response to such a proposal or otherwise, by motion propose the establishment, membership, remit and duration of a committee.
4.
A committee established by the Parliament to deal with a particular subject, other than a mandatory committee, is referred to as a subject committee.
5.
In addition, the Parliament shall, on a motion of the Parliamentary Bureau, establish the following mandatory committees-
(a) the Procedures Committee;
(b) the Standards Committee;
(c) the Finance Committee;
(d) the Audit Committee;
(e) the European Committee;
(f) the Equal Opportunities Committee;
(g) the Public Petitions Committee;
(h) the Subordinate Legislation Committee.
6.
The Parliamentary Bureau shall by motion propose the establishment of-
(a) the Procedures, Standards and Finance Committees within 21 sitting days of a general election; and
(b) the other mandatory committees mentioned in paragraph 5 within 42 sitting days of a general election.
Rule 6.2 Functions of all committees
1.
A committee shall examine such matters within its remit (referred to as "competent matters") as it may determine appropriate or as may be referred to it by the Parliament or another committee and shall report to the Parliament on any such matter.
2.
In particular, each committee shall conduct such inquiries into such competent matters as it may consider appropriate or as the Parliament or another committee may require, and may-
(a) consider the policy and administration of the Scottish Administration upon any competent matter;
(b) consider any proposals for legislation which relate to or affect any competent matter, including proposals for primary or secondary legislation, whether before the Scottish Parliament or the United Kingdom Parliament;
(c) consider any European Communities legislation or any international conventions or agreements or any drafts which relate to or affect any competent matter;
(d) consider the need for the reform of the law which relates to or affects any competent matter;
(e) initiate Bills on any competent matter; and
(f) consider the financial proposals and financial administration of the Scottish Administration (including variation of taxes, estimates, budgets, audit and performance) which relate to or affect any competent matter.
Rule 6.3 Membership of committees
1.
The membership of each committee shall be approved by the Parliament on a motion of the Parliamentary Bureau.
2.
Each committee shall have at least than 5 but not more than 15 members.
3.
A member may indicate to the Parliamentary Bureau his or her interest in serving on a particular committee.
4.
In proposing a member to be a committee member, the Parliamentary Bureau shall have regard to the balance of political parties in the Parliament and, where that member has expressed an interest in serving on that committee, to his or her qualifications and experience as indicated by him or her.
5.
A committee member shall serve as a member of a committee for the duration of that committee unless-
(a) he or she resigns from that office by intimating his or her resignation to the Parliamentary Bureau;
(b) he or she is removed from that office by the Parliament on a motion of the committee; or
(c) he or she ceases to be a member of the Parliament otherwise than by virtue of a dissolution.
6.
A committee member may not be represented at a meeting of the committee by a substitute.
Rule 6.4 Procedures Committee
1.
The remit of the Procedures Committee is to consider and report on the practice and procedures of the Parliament in relation to its business.
Rule 6.5 Standards Committee
1.
The remit of the Standards Committee is to consider and report on-
(a) whether a member's conduct is in accordance with these Rules and any Code of Conduct for members, matters relating to members' interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties; and
(b) the adoption, amendment and application of any Code of Conduct for members.
2.
Where the Committee considers it appropriate, it may by motion recommend that a member's rights and privileges be withdrawn to such extent and for such period as are specified in the motion.
Rule 6.6 Finance Committee
1.
The remit of the Finance Committee is to consider and report on-
(a) any report or other document laid before the Parliament by members of the Scottish Executive containing proposals for, or budgets of, public expenditure or proposals for the making of a tax-varying resolution, taking into account any report or recommendations concerning such documents made to them by any other committee with power to consider such documents or any part of them;
(b) any report made by a committee setting out proposals concerning public expenditure; and
(c) Budget Bills.
2.
The Committee may also consider and, where it sees fit, report to the Parliament on the timetable for the Stages of Budget Bills and on the handling of financial business.
3.
In these Rules, "public expenditure" means expenditure of the Scottish Administration, other expenditure payable out of the Scottish Consolidated Fund and any other expenditure met out of taxes, charges and other public revenue.
Rule 6.7 Audit Committee
1.
The remit of the Audit Committee is to consider and report on-
(a) any accounts laid before the Parliament;
(b) any report laid before the Parliament by the Auditor General for Scotland; and
(c) any other document laid before the Parliament concerning financial control, accounting and auditing in relation to public expenditure.
2.
No member of the Scottish Executive or junior Scottish Minister may be a member of the Committee and no member who represents a political party which is represented in the Scottish Executive may be convener of the Committee.
Rule 6.8 European Committee
1.
The remit of the European Committee is to consider and report on-
(a) proposals for European Communities legislation;
(b) the implementation of European Communities legislation; and
(c) any European Communities or European Union issue.
2.
The Committee may refer matters to the Parliamentary Bureau or other committees where it considers it appropriate to do so.
3.
The convener of the Committee shall not be the convener of any other committee whose remit is, in the opinion of the Parliamentary Bureau, relevant to that of the Committee.
4.
The Parliamentary Bureau shall normally propose a person to be a member of the Committee only if he or she is a member of another committee whose remit is, in the opinion of the Parliamentary Bureau, relevant to that of the Committee.
Rule 6.9 Equal Opportunities Committee
1.
The remit of the Equal Opportunities Committee is to consider and report on matters relating to equal opportunities and upon the observance of equal opportunities within the Parliament.
2.
In these Rules, "equal opportunities" includes the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.
Rule 6.10 Public Petitions Committee
1.
The remit of the Public Petitions Committee is to consider and report on-
(a) whether a public petition is admissible; and
(b) what action should be taken upon the petition,
in accordance with the Rules in Chapter 15.
Rule 6.11 Subordinate Legislation Committee
1.
The remit of the Subordinate Legislation Committee is to consider and report on-
(a) subordinate legislation which is laid before the Parliament and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;
(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation; and
(c) general questions relating to powers to make subordinate legislation.
Rule 6.12 Duration of committees
1.
The mandatory committees referred to in Rule 6.1.5 shall be established for the whole session of the Parliament.
2.
The Parliament shall, on a motion of the Parliamentary Bureau, determine the duration of any other committee.
3.
The Parliament may decide, on a motion of the Parliamentary Bureau, that any other committee be disbanded.
Rule 6.13 Questions regarding competence
1.
Any question whether a matter is within the remit of a committee shall be determined by the Parliamentary Bureau.
2.
If a matter falls within the remit of more than one committee the Parliament may, on a motion of the Parliamentary Bureau, name one of the committees as the lead committee responsible for that matter. The other committee or committees shall be asked to give their opinion to the lead committee. This is without prejudice to Rule 6.14.
Rule 6.14 Joint consideration by committees
1.
Where a matter falls within the remit of more than one committee, the committees concerned may, with the agreement of the Parliamentary Bureau, decide to consider that matter jointly.
2.
Where a matter is to be considered jointly under paragraph 1, any meeting to consider that matter shall be held jointly by the committees concerned. Such a meeting may be convened by the convener of any of those committees. At such a meeting the convener of any of those committees may take the chair.
3.
Any report on the joint consideration of a matter shall be produced jointly by those committees.
4.
Any of those committees may establish a sub-committee to consider the matter jointly with a sub-committee of another of those committees.
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