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CHAPTER
7:
CONDUCT OF MEETINGS
Rule 7.1 Languages
1.
The Parliament shall normally conduct its business in English but members may speak in Scots Gaelic or in any other language with the agreement of the Presiding Officer.
2.
Any person addressing the Parliament on the invitation of the Parliament in accordance with Rule 15.3.5, may do so in any language other than English with the agreement of the Presiding Officer.
Rule 7.2 Calling speakers and content of speeches
1.
No member except the Presiding Officer may speak unless called upon to do so by the Presiding Officer. In deciding who should be called, the Presiding Officer shall have regard to the nature of the business under consideration. Normally, members shall speak standing at their places and shall address the Presiding Officer.
2.
The Presiding Officer may allocate speaking time, whether for proceedings in relation to a particular item of business or for a particular speaker in any proceedings, and may do so whether or not the proceedings have started or the speaker has started to speak. The Presiding Officer may not allocate speaking time in a manner which would disrupt any timetable of business set out in the daily business list.
3.
The Presiding Officer may order a member to stop speaking if that member continues to speak beyond any time allocated to him or her or to that item of business (whether by the Presiding Officer or in the daily business list or under these Rules) or if, in the opinion of the Presiding Officer, the member departs from the subject or repeats himself or herself.
4.
A speaker may not be interrupted except by the Presiding Officer. The speaker may, however, give way to allow another member to intervene.
Rule 7.3 Order in the chamber
1.
Members shall at all times conduct themselves in a courteous and respectful manner and shall respect the authority of the Presiding Officer. In particular, members shall not speak or stand when the Presiding Officer is speaking.
2.
Members shall at all times conduct themselves in an orderly manner and, in particular, shall not conduct themselves in a manner which would constitute a criminal offence or contempt of court.
3.
Any member who is in breach of paragraph 2 may be ordered by the Presiding Officer to leave the chamber and may be excluded from the chamber-
(a) on the order of the Presiding Officer for such period as the Presiding Officer thinks fit but not beyond the end of the next sitting day; and
(b) for such further period as the Parliament may decide, on a motion of the Parliamentary Bureau.
4.
A motion under paragraph 3(b) may not be amended. If the motion is debated only the following may speak, namely-
(a) the member concerned; and
(b) one member for the motion and one member against the motion.
Rule 7.4 Disturbances
1.
If any disturbance in the Parliament interferes with the conduct of the business of the Parliament, the Presiding Officer shall close the meeting, adjourn it for a specified period or suspend it. The meeting is suspended if the Presiding Officer leaves the chair after ordering members to stop the disturbance. The Presiding Officer may reconvene a suspended meeting as soon as he or she considers it appropriate to do so.
Rule 7.5 Sub judice
1.
A member may not in the proceedings of the Parliament refer to any matter in relation to which legal proceedings are active except to the extent permitted by the Presiding Officer.
2.
For the purposes of paragraph 1, legal proceedings are active in relation to a matter if they are active for the purposes of section 2 of the Contempt of Court Act 1981[5].
3.
Where any member refers to a matter in relation to which legal proceedings are active the Presiding Officer may order that member not to do so.
4.
Nothing in this Rule shall prevent the Parliament from legislating about any matter.
Rule 7.6 Forms of address
1.
Each member shall be referred to in any proceedings of the Parliament by name and, if he or she wishes, by his or her title, if any, except-
(a) the Presiding Officer, who may, in addition or as an alternative, be referred to by that title;
(b) a deputy Presiding Officer, who may, in addition or as an alternative, be referred to by that title; and
(c) any member of the Scottish Executive or junior Scottish Minister, who may, in addition or as an alternative, be referred to by such titles as the First Minister may notify to the Presiding Officer.
Rule 7.7 Calculating the length of debates or the number of speakers
1.
For the purposes of any Rule limiting the length of a debate or the number of speakers-
(a) if the member moving the motion speaks in support of it, he or she shall be treated as a speaker for that motion and the time for which he or she speaks shall be treated as part of the debate; and
(b) any debate on an amendment shall form part of the debate on the motion.
Rule 7.8 Committee proceedings
1.
Rules 7.1 to 7.7 shall apply to proceedings at meetings of committees and sub-committees as they apply to proceedings at meetings of the Parliament, with such modifications as are appropriate. However, only the Presiding Officer may grant the permission referred to in Rule 7.5.1.
CHAPTER
8:
MOTIONS AND POINTS OF ORDER
Rule 8.1 Motions
1.
Any member may, except where these Rules provide otherwise, give notice of a motion or move a motion about any matter.
2.
A motion may be moved without notice being given only as permitted by these Rules or, exceptionally, as permitted by the Presiding Officer.
3.
Where these Rules provide for a motion of a committee or of the Parliamentary Bureau, notice of the motion (if required) may be given, and the motion may be moved, only by a member of that committee or, as the case may be, of the Parliamentary Bureau.
Rule 8.2 Notice of motions
1.
Notice of a motion shall be given by being lodged by a member with the Clerk. Notice of a motion shall contain the text of the motion and the name of the member giving notice of it.
2.
A motion shall-
(a) be in English;
(b) not contain offensive language; and
(c) not breach any enactment or rule of law or be contrary to the public interest.
3.
The Clerk may refuse to accept notice of a motion only if the motion is not permitted under these Rules or if, in the opinion of the Clerk, it is not in accordance with paragraph 2.
4.
Any member may indicate his or her support for a motion by notifying the Clerk.
5.
The text of a motion and the name of the member who gave notice of it and of any member supporting it shall be printed in the Business Bulletin.
6.
Normally, a motion shall not be taken before the sitting day after the day on which notice of it is given under paragraph 1. A motion may be taken on shorter notice if the Parliament so decides on a motion without notice. Such a motion may be taken only with the agreement of the Presiding Officer.
7.
Where time has been allocated for a debate on a particular subject, the Presiding Officer shall consider all motions on that subject of which notice has been given and shall decide which of those motions are to be taken by the Parliament. In all other cases, the Parliamentary Bureau shall consider motions of which notice has been given and shall by motion propose which of those motions are to be taken by the Parliament. A business motion shall always be taken by the Parliament.
Rule 8.3 Motions taken by the Parliament
1.
A motion is taken by the Parliament when it is called at a meeting of the Parliament by the Presiding Officer.
2.
When a motion is taken by the Parliament the motion may be moved by the member who gave notice of it or, except in the cases referred to in Rule 8.9, Rules 8.10 and Rule 8.11, if that member does not move the motion, by any other member who has indicated his or her support for it before the end of the previous sitting day.
3.
Before the member moves the motion, he or she may speak in support of it.
4.
Immediately after the motion is moved, the Presiding Officer may call on any other member to speak.
5.
All motions may be debated, except as provided in these Rules.
6.
After a motion is moved, it may be withdrawn by the member who moved it at any time before the question is put unless any member objects to it being withdrawn.
7.
After the debate has been closed or, where there is no debate, after the motion has been moved, the question on the motion shall be put at the time when it requires to be put in accordance with Rules 11.2 to 11.4.
Rule 8.4 Amendments to motions
1.
A motion may be amended except as provided in these Rules.
2.
A motion without notice may be amended without notice.
Rule 8.5 Notice of amendments
1.
Notice of an amendment to a motion of which notice has been given shall be given by being lodged by a member with the Clerk at any time after notice of the motion has been given. Notice of an amendment shall contain the text of the amendment and the name of the member giving notice of it.
2.
An amendment shall-
(a) be in English;
(b) not contain offensive language; and
(c) not breach any enactment or rule of law or be contrary to the public interest.
3.
The Clerk may refuse to accept notice of an amendment only if the amendment is not permitted under these Rules or if, in the opinion of the Clerk, it is not in accordance with paragraph 2.
4.
Any member may indicate his or her support for an amendment by notifying the Clerk.
5.
The text of an amendment and the name of the member who gave notice of it and of any member supporting it shall be printed in the Business Bulletin.
6.
The Presiding Officer shall examine all amendments of which notice has been given and shall decide which amendments are to be taken by the Parliament.
Rule 8.6 Amendments taken by the Parliament
1.
If an amendment to a motion is to be taken by the Parliament, it shall be taken immediately after the motion is moved.
2.
When an amendment is taken, it may be moved by the member who gave notice of it or by any member who has indicated his or her support for it.
3.
Before the member moves the amendment, he or she may speak in support of it.
4.
An amendment may be debated only if the motion may be debated.
5.
The question on an amendment shall be put in accordance with Rules 11.2 to 11.4.
Rule 8.7 Amendments to amendments
1.
The provisions of Rules 8.4 to 8.6 shall apply to amendments to amendments as they apply to amendments to motions with such modifications as are appropriate.
Rule 8.8 Application to committees
1.
The provisions of Rules 8.1 to 8.7 shall apply to proceedings at meetings of committees and sub-committees as they apply to proceedings at meetings of the Parliament, with such modifications as are appropriate.
Rule 8.9 Motions of First Minister
1.
The following motions may be moved, and notice of any such motion may be given, only by the First Minister, namely-
(a) a motion seeking the agreement of the Parliament under section 48(1) that a recommendation be made to Her Majesty for the appointment or removal of a person as Lord Advocate or Solicitor General for Scotland;
(b) a motion seeking the agreement of the Parliament under section 47(2) or 49(3) that a member be appointed a Minister or a junior Scottish Minister respectively;
(c) a motion under section 95(7) that a recommendation be made to Her Majesty for the removal of a judge.
Rule 8.10 Tax-varying resolutions
1.
A motion for a tax-varying resolution under section 74 may be moved, and notice of such a motion may be given, only by a member of the Scottish Executive. Such a motion may not be amended.
2.
Subject to paragraph 3, a motion for a tax-varying resolution may be moved no earlier than 12 months before the beginning of the year of assessment to which it relates.
3.
A motion for a tax-varying resolution may be moved after the beginning of the year of assessment to which it relates only at Stage 3 of a Budget Bill, or a Bill to amend a Budget Act, relating to that year.
Rule 8.11 Business motions
1.
A motion seeking the approval of the Parliament to the Parliamentary Bureau's proposals on the business programme shall be known as a business motion.
2.
A business motion may be moved, and notice of such a motion may be given, only by a member of the Parliamentary Bureau.
3.
Any debate on a business motion shall be restricted to 30 minutes. There shall be no more than one speaker for and one speaker against the motion and any amendment to it and each speaker may speak for no more than 5 minutes.
4.
Members may propose amendments to a business motion. If, when notice of an amendment is given, it is supported by at least 10 members, that amendment shall be taken by the Parliament.
Rule 8.12 Motions of no confidence
1.
Any member may give notice of a motion that the Scottish Executive or a member of the Scottish Executive or a junior Scottish Minister no longer enjoys the confidence of the Parliament ("a motion of no confidence").
2.
If notice of a motion of no confidence is supported by at least 25 members, it shall be included in a proposed business programme.
3.
Members shall normally be given at least 2 sitting days' notice of a motion of no confidence. Exceptionally, members may be given a shorter period of notice if in the opinion of the Parliamentary Bureau a shorter period is appropriate.
Rule 8.13 Procedural motions
1.
Only the member moving the motion and one speaker against may speak on a motion mentioned in Rules 8.14 to 8.16. Each such person may speak for no more than 3 minutes.
2.
A motion referred to in paragraph 1 shall take precedence over the business under consideration, the debate on which shall be suspended while the motion is being considered.
Rule 8.14 Closure of a debate
1.
Where time has been allocated for a debate (whether by the Presiding Officer or in the daily business list) the debate shall, subject to paragraphs 2 and 3, be closed when the time allocated has been exhausted.
2.
A member may, by motion without notice, propose that a debate be closed earlier than the end of the period of time allocated for that debate. Such a motion may be taken only with the agreement of the Presiding Officer. If the motion is agreed to, the debate shall be closed. If the motion is not agreed to, the same or a similar motion may not be moved again during that debate.
3.
Any member may, by motion without notice, propose that a debate be extended for up to 30 minutes beyond the end of the period of time allocated for that debate. Such a motion may be taken only with the agreement of the Presiding Officer. If the motion is agreed to, the debate shall be extended. If the motion is not agreed to, the same or a similar motion may not be moved again during that debate.
4.
If a debate is closed or extended under this Rule the Presiding Officer shall make any necessary alteration to the daily business list. Members shall be notified of any such alteration.
Rule 8.15 Motions for adjournment of a debate
1.
At any time during a debate a member may, by motion without notice, propose that the debate be adjourned. Such a motion may be taken only with the agreement of the Presiding Officer.
2.
If the motion is agreed to, the Parliament shall proceed to the next business. If a debate is adjourned under this Rule the Presiding Officer shall make any necessary alteration to the daily business list. Members shall be notified of any such alteration.
3.
If the motion is not agreed to, the same or a similar motion may not be moved again during that debate.
Rule 8.16 Adjournment and closure of meetings
1.
Any member may, by motion without notice, propose that a meeting of the Parliament be adjourned or closed. Such a motion may be taken only with the agreement of the Presiding Officer. A meeting may be adjourned only to a time later in the same day. If a meeting is so adjourned, the Presiding Officer shall make any necessary alteration to the daily business list. Members shall be notified of any such alteration.
2.
The Presiding Officer may, if he or she considers it appropriate, at any time close a meeting of the Parliament.
Rule 8.17 Points of order
1.
A member may in any proceedings question whether proper procedures have been or are being followed by making a point of order.
2.
In making a point of order, a member may not speak for more than 3 minutes and may not speak on the question under consideration. Points of order shall take precedence over the question under consideration, the discussion of which shall be suspended while they are being considered.
3.
The Presiding Officer shall normally take an immediate decision on any point of order in accordance with these Rules but may exceptionally defer taking a decision. He or she shall announce his or her ruling.
Notes:
[5]
1981 c.49.back
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