Part Two: Preparation for Introduction

Part Two: Preparations for introduction

2.1 This part of the Guidance covers the procedures prior to a Private Bill being lodged for introduction. It includes the arrangements for notification and advertisement as well as the requirements in respect of accompanying documents to the Bill. The purpose here is to indicate the expectations of a Private Bill Committee (see Part 4) in relation to the above. While not authoritative, following the Guidance should minimise any requests for additional intimation, advertisement or the production of other material that might otherwise delay a Bill’s passage.

2.2 It has been structured to set out what needs to be done and then to provide details on how it should be done. In following that process some repetition inevitably occurs. The Guidance follows a chronological order of events in preparing for a typical Bill. Where additional documents require to be produced for certain classes of Bills, these are covered towards the end of this Part.

Pre-introduction consultation

2.3 A Private Bill may require, in consideration of what the Bill seeks to do, pre-introduction consultation with the mandatory consultees (see Rule 9A.1.4A and B of the standing orders of the Parliament on the matters specified by the Presiding Officer in his determination at Annex P (for example, on the likely effects of the development on the environment). A full list of the mandatory consultees is contained in Annex P. The determination requires the consultation to be undertaken as early as practicable and in any event at least two months prior to the proposed date of the Bill’s introduction.

2.4 Given that the mandatory consultees must be consulted on, amongst other things, the scope of the environmental statement, in practice, it is anticipated that consultation will happen during the formative stages of the design of the project. This is likely to have a number of advantages and, in particular, the promoter may be better able to properly identify, assess and mitigate the potential impacts of the project on the environment. Meaningful consultation may also make it less likely that the mandatory consultees will object to the Bill.

2.5 Promoters must also consult more widely on the Bill’s objectives and the alternative ways of meeting them. Guidance on this is given in paragraphs 2.20-2.22. One of the Bill’s accompanying documents, the Promoter’s Memorandum, must detail the consultation that was undertaken on the policy objectives of the Bill; the ways of meeting them, and on the detail contained in the Bill together with a summary of the outcome of that consultation. Previous Private Bill Committees have paid particularly close attention to such matters and to how promoters have sought to engage and communicate effectively and constructively with directly affected parties. For example, how, when, where and what did the promoter communicate to local residents who may be directly affected by a project as a way of resolving their concerns thereby reducing the likelihood of these residents lodging objections to the Bill.

2.6 Proper, balanced, committed and participative engagement and communication with local communities can not only reduce the likelihood of objections being lodged but also create a more open and constructive relationship between the promoter and local residents.

Discussion with the clerks

2.7 Prospective promoters are also invited to make contact with clerks in the Parliament (the Non-Government Bills Unit deals with Private Bills) as early as possible (see Foreword for contact details). Early discussion will help the clerks to plan for the impact the proposed Bill may have on the Parliament’s business programme and to advise on the steps that require to be taken in advance of its introduction. The promoter should discuss with the clerks any timetable to which it is working, particularly if there is a target date by which it would like the Bill enacted. Discussion is also welcome on the individual requirements of notification, advertisement and accompanying documents for each Bill.

Preparation of the Bill

“Proper form” and layout of Bills

2.8 In addition to the determination on “proper form” (see Annex B), the Presiding Officer has made a number of recommendations about the content of Private Bills (see Annex C) and the form in which they should be printed. The aim is to ensure that all Scottish Parliament Bills (and the Acts that they become) conform to standard conventions of layout.

2.9 Promoters are not expected to ensure that their Bills already satisfy these rules at the time they are first submitted. The draftsman of a Bill need only prepare the text of the Bill itself, leaving the layout and presentational aspects to the clerks in the Parliament’s Legislation Team who have access to specially-developed software for the purpose. (For practical and copyright reasons, the software is not available for use directly by outside draftsmen.) Promoters will be given an opportunity to check the formatted version before it is printed.

Guidance to draftsmen of Private Bills

2.10 Before drafting instructions for a Bill are issued, the promoter should obtain from the clerks separate guidance setting out the various rules and conventions that apply to the structure and style used in Scottish Parliament Bills. That guidance also gives more detailed instructions about the form in which the text of the Bill and of those accompanying documents for which the promoter is responsible should be submitted to the clerks to be entered into the relevant software.

Preparation of Accompanying Documents

2.11 This part of the Guidance deals with the preparation of the accompanying documents and provides a brief explanation of the function of each document. A determination by the Presiding Officer on the proper form of accompanying documents can be found at Annex D. More detailed information on the individual purpose and requirement of each document is contained in the various determinations made by the Presiding Officer under Rule 9A.2.3 (see paragraphs 2.13 and 2.14 for more specific Rule references) which are reproduced in Annex E.

2.12 One of the accompanying documents, the Promoter’s Statement (see paragraphs 2.25-2.45), must contain details of the arrangements made by the promoter to notify and advertise its intention to promote a Private Bill and the distribution of the Bill and accompanying documents. Promoters will wish, in seeking guidance on the requirements for notification and advertisement, to refer to Annex F in order to make these necessary arrangements at this point.

2.13 Under Rule 9A.2, every Private Bill must be accompanied on introduction by:

a statement by the Presiding Officer on legislative competence (Rule 9A.2.2);
a statement by the promoter on legislative competence (Rule 9A.2.3(za));
Explanatory Notes (Rule 9A.2.3(a));
a Promoter’s Memorandum (Rule 9A.2.3(b));
a Promoter’s Statement (the contents of which vary according to the nature of the Bill) (Rule 9A.2.3(d)); and
an assignation of copyright/licensing agreement or agreements with the Scottish Parliamentary Corporate Body (Rule 9A.2.3(e)).

2.14 In addition, Bills that seek to authorise the construction or alteration of certain classes of works, or the compulsory acquisition or use of any lands or buildings (that is, Bills to which Rule 9A.1.1A applies), must be accompanied on introduction by––

an Estimate of Expense and Funding Statement (Rule 9A.2.3(c)(i));
certain maps, plans, sections and a book of reference (or a statement as to why they are not provided) (Rule 9A.2.3(c)(ii)); and
an Environmental Statement (Rule 9A.2.3(c)(iii)).

2.15 Of these, all except the Presiding Officer’s statement on legislative competence (see paragraph 1.5) are prepared by the promoter. The following paragraphs give further details of what each should contain.

2.16 In addition, while not required under Rule 9A.2.3, promoters will wish to give careful consideration to submitting, at the time of the Bill’s introduction, a draft Code of Construction Practice and a draft Noise and Vibration Policy relevant to the particular works scheme. Whilst it is accepted that these documents may not be appropriate for all Private Bills (e.g. non-works Bills) they have proved particularly useful to previous Private Bill Committees. Committees have attached great importance to them to the extent that they, as a matter of course, have amended particular Bills to ensure and provide for the statutory and mandatory compliance of each document. Their provision may therefore be considered particularly helpful to a Committee in its consideration of the environmental impact of the scheme proposed under the Bill, of how such impacts will be mitigated and in resolving any objections to the Bill (or, indeed, reducing the potential for objections being lodged in the first place).

Accompanying documents required for every Private Bill

Promoter statement on legislative competence

2.17  Every person introducing a Bill in the Parliament is required under the Scotland Act 1998 (as amended by section 6 of the Scotland Act 2012) to make a statement on the Bill’s legislative competence.  The established form of words for such a statement is: “In my view, the provisions of the [short title] Bill would be within the legislative competence of the Scottish Parliament.”  The statement must be in writing, and must be signed and dated by (or on behalf of) the promoter.

2.18  Promoters are advised to take appropriate legal advice to inform the making of this statement.  It is also helpful (although not a requirement) for promoters to prepare a note on the considerations that informed the promoter’s statement, and to provide this to the clerks.  Any such note, which will be treated in confidence, will be taken into account by the Parliament’s legal advisers and may facilitate their preparation of advice to the Presiding Officer on the legislative competence of the Bill.

Explanatory Notes

2.19 Explanatory Notes are required in relation to every Bill (Rule 9A.2.3(a)). Their purpose is to summarise objectively and clearly what each provision of the Bill does and to give other information necessary or expedient to explain the effect of the Bill. They should be written in neutral terms and in as clearly and as readable a way as possible so as to be comprehensible to people with no legal or specialist knowledge. Indeed, the use of plain English is greatly encouraged in the Bill and in all accompanying documents. The Notes should not simply repeat or paraphrase the text of the provisions of the Bill, and no explanation is needed of provisions that are self-explanatory. The Notes on a particular provision might include, for example, background or contextual information, such as reference to relevant statute and common law on which the provision relies, or an explanation of specialised terminology used in the Bill.

Promoter’s Memorandum

2.20 A Promoter’s Memorandum is also required in respect of every Bill (Rule 9A.2.3(b)). Its purpose is to explain––

the policy objectives of the Bill;
whether alternative ways of achieving these objectives were considered, what these alternatives were and why the approach chosen was adopted; and
the consultation that was undertaken (including, where appropriate, consultation with the mandatory consultees (see Rule 9A.1.4A and B and Annex P) on these objectives; the ways of meeting them, and on the detail contained in the Bill together with a summary of the outcome of that consultation.

2.21 Like the Explanatory Notes, the Memorandum should be expressed in as clearly and as readable a way as possible. It is not expected that it should be in the same neutral terms as the Explanatory Notes (see Annex E for guidance on the introductory paragraph).

2.22 The Memorandum should specify in clear and reasonable detail what consultation was undertaken on the proposals in the Bill. Such details might include the means by which consultees were selected, the manner in which they were approached, when the promoter consulted, what it consulted on and with whom, the number of responses received and what, if any, changes to the proposal were made as a result, as well as an outline on what measures it will put in place to maintain contact with affected parties after the Bill is introduced.

2.23 Where the Bill seeks to authorise the construction or alteration of works specified by the Presiding Officer in Annex K or the compulsory acquisition or use of any lands or buildings, the Memorandum should also describe what consultation was carried out under Rule 9A.1.4A and B with the mandatory consultees (see Annex P for a full list of the mandatory consultees).

2.24 In all cases, it is imperative that the consultation undertaken was meaningful and effective. The Private Bill Committee will wish to satisfy itself that the promoter undertook a consultation process that was open, accessible, helpful, clearly timetabled and, where possible, adopted and demonstrated innovative and best practice. A comprehensive consultation exercise, involving an open and constructive dialogue with those likely to be affected can provide helpful feedback into the design development process, which can lead to changes being made; help to allay fears and suspicions that can sometimes arise simply from lack of information about what is proposed; and can help to limit objections arising once a Bill is formally introduced. It is not possible to give definitive guidance about who should be consulted and the kind of consultation that should be undertaken (i.e. formal written consultations, public exhibitions and meetings, information leaflets etc). It will depend to a large extent on the size and nature of the project. It will usually follow that the larger and more contentious a project is, the more extensive the pre-introduction consultation should be. At the very least, inadequate consultation is likely to result in a greater number of objections and a more drawn out Bill process.

Promoter’s Statement

2.25 A Promoter’s Statement is required in relation to every Private Bill (Rule 9A.2.3(d)), although what it must contain varies according to the nature of the Bill. The purpose of the document is to detail all the arrangements made by the promoter with regard to such matters as notification, obtaining any consents that may require to be obtained before introduction, advertising and distribution of the Bill and accompanying documents. Each of these component parts is described in the paragraphs that follow. The Presiding Officer has made determinations on various aspects of what the Promoter’s Statement must include and these determinations are set out in Annexes G, H and I. The determination at Annex D provides guidance on the proper form and layout of the document.

2.26 The first requirement of the Promoter’s Statement applies only to Private Bills that affect heritable property. In relation to such a Bill, the Statement must give details of the notification given by the promoter to certain persons having an interest in the heritable property affected by the Bill (Rule 9A.2.3(d)(i)) (see Annex G).

2.27 There are two steps to the notification process. The promoter must first identify which properties are ‘affected’ by the Bill and second, must establish who has a relevant interest in such property and ensure that all affected persons are duly and properly notified.

2.28 Affected persons generally fall into two categories. Those who—

own or hold an interest in land that may be acquired or used compulsorily; and
may otherwise be affected by the proposed scheme at any stage, be it construction, operation or maintenance.

2.29 The promoter must establish a set of ground rules for identifying the properties that will be affected by the proposed scheme.

2.30 Properties in the first category should be readily identifiable from the Bill and its associated plans. The promoter must then seek to identify the names of the persons that have an affected interest in those properties and to whom notifications should be sent.

2.31 The ground rules should also cover the criteria applied in identifying properties falling within the second category. A promoter may, for example, take the view that if a property abuts, that is, shares a boundary with the Bill’s limits, then such a person with a relevant interest in that property may be affected by the proposed scheme. Or a promoter may wish to set a distance from the scheme within which properties would be considered to be affected or to visually identify properties that, while not abutting, could still be affected by the scheme. The ground rules must be capable of being applied on an objective basis and each scheme needs to be considered on its own facts. It is suggested that the promoter err on the side of caution if there is any uncertainty about which properties are affected.

2.32 Promoters are encouraged to make full use of the sources of information listed in Annex G in order to identify the affected persons in both categories upon whom notifications should be served. Affected persons could include owners, tenants, other occupiers and persons having some other heritable interest in land, e.g. holding a real burden or a servitude right. The Land Register and the Register of Sasines are particularly useful sources of information about the identity of those with heritable interests in land, and promoters should consider undertaking a full title search as part of their investigations.

2.33 All notifications should be made by sending a letter by recorded delivery or by delivery in person or, failing which, by leaving it at the person’s normal place of residence, registered office or place of business. Notification should be to the proper officer, clerk or secretary at the business address or, where there is no business address, at their home.

2.34 Details and evidence of delivery of notifications should be retained should any question arise as to whether the information set out in the Promoter’s Statement is correct. A signed acknowledgement of receipt collected at the time of delivery in person, or a receipt for the delivery of any recorded delivery letter, is sufficient for this purpose. Where the promoter has personally delivered the letter either to the person or the property and has been unable to obtain a signed acknowledgement of receipt, evidence of delivery will suffice.

2.35 The function of the notification letter is to inform a person or body who may be affected by the proposed scheme of the promoter’s intention to introduce a Private Bill on, or around, a specific date. In particular, it must inform the person/body of any land or an interest in land that may be acquired or used compulsorily should the scheme proceed. The letter should also state where they can obtain further information about the Bill and the parliamentary process to which it will be subject, how to lodge an objection to the Bill and indicate when the 60-day objection period will commence (see model notification letter at Annex F).

2.36 Regarding notifications, the Promoter’s Statement should—

explain the ground rules that the promoter has used to determine affected persons;
explain what sources of information were used to ascertain the identity of all affected persons for notification purposes;
give details of notifications served on ‘The Owner/Occupier’ rather than on named individuals, and explain why;
give details of the delivery methods used.

2.37 This will help the Private Bill Committee assess whether the promoter’s approach to notification has been adequate.

2.38 Where the promoter of a Bill is a body corporate, or an unincorporated association of persons, the Statement must contain details of the––

notification of the Bill by the promoter to the members of that body or association; and
consent obtained by the promoter from those members giving authority to promote the Bill (Rule 9A.2.3(d)(ii)and Annex G).

2.39 In particular, the Statement should describe the methods used by the promoter to notify members about the holding of a meeting to discuss this issue and the method used to actually obtain consent (i.e. by vote). Where letters/advertisements were used to notify members about the holding of any such meeting, copies of these should be attached to the Statement. Details of when any such meeting was held; the number or percentage of votes cast in support of the proposal and the text of any resolution or certificate of consent passed following any such vote would also be helpful.

2.40 Where a Bill contains provisions to confer powers upon, or modify the constitution of any body corporate or unincorporated association of persons named in the Bill but not being the promoter, the Statement must also contain details of the—

notification of the Bill by the promoter to the members of that body or unincorporated association; and
consent obtained by the promoter from those members to the conferral of powers or modification of constitution (Rule 9A.2.3(d)(iii) and Annex G).

2.41 In respect of this issue, the Statement must contain the same type of information as is referred to in paragraph 2.39 about the methods used to notify members and obtain consent.

2.42 In relation to every Bill, the Statement must include details of the advertisement of the promoter’s intention to introduce the Bill (Rule 9A.2.3(d)(iv)) (see Annex H).

2.43 In relation to every Bill, the Statement must include a list of premises at which it is possible to inspect or purchase––

those accompanying documents not published by the Parliament (any maps, plans, sections, book of reference, and Environmental Statement); and
any other documents that are relevant to the Bill but which do not qualify as accompanying documents, such as a draft Code of Construction Practice and a draft Noise and Vibration Policy, under Rule 9A.2 (Rule 9A.2.3(d)(v)).

2.44 In addition, it must include an undertaking to send a copy of any documents in either of the above categories to the mandatory consultees and to the premises determined for the purpose of Rule 9A.4.2 by the Presiding Officer (see Annex I).

2.45 The final component that must be included in the Statement is an undertaking to pay the costs that arise in relation to the following matters as set out in the determination of the Scottish Parliamentary Corporate Body (see Annex J)––

printing and publication of the Bill, accompanying documents and Private Bill Committee reports;
production, printing and publication of the Official Report of meetings of the Private Bill Committee;
costs of hiring a suitable venue for the Private Bill Committee when meeting outside the parliamentary estate;
broadcasting of Private Bill Committee meetings.

Assignation of copyright/licensing agreement or agreements with the Scottish Parliamentary Corporate Body (SPCB)

2.46 Every Bill must be accompanied by an agreement (or agreements) by which the promoter assigns to the SPCB copyright in the Bill and those accompanying documents published by the Parliament, and licenses the SPCB to use or reproduce for the Parliament’s purposes the remaining accompanying documents and other documents submitted to the clerks on introduction or subsequently.

2.47 A model agreement is set out in Annex D. The original copy of the agreement (or agreements) signed by, or on behalf of the promoter, must be lodged with the clerks on introduction.

Accompanying documents required for certain Bills

2.48 Rule 9A.2.3(c) requires certain additional accompanying documents to be provided but it applies only in relation to Bills to which Rule 9A.1.1A applies. These are Bills that either seek to authorise the—

construction or alteration of such classes of works as determined by the Presiding Officer; or
compulsory acquisition or use of any lands or buildings.

2.49 The Presiding Officer’s determination on the classes of works that qualify for the purposes of that Rule is set out in Annex K. The documents are described in paragraphs 2.50-2.53. Where a compulsory acquisition or use of any lands or buildings is sought a model notification letter in place of that referred to in paragraph 2.35 is contained at Annex F.

Estimate of Expense and Funding Statement

2.50 For Bills to which Rule 9A.1.1A applies, the first additional accompanying document required is an Estimate of Expense and Funding Statement. The Presiding Officer has made a determination regarding this (see Annex L). Its purpose is to set out the estimated total cost of the proposed project, giving a detailed breakdown of each element of the project and the sources of funding for the project. It should also set out best estimates of the timescales over which such costs and funding would be expected to arise and an indication of the margins of uncertainty in any such estimates. Where some of the information required under the determination cannot be provided, a written statement must be provided setting out what information is missing and the reasons for the omission.

Maps, plans, sections and book of reference

2.51 Private Bills to which Rule 9A.1.1A applies must also be accompanied by such maps, plans, sections and book of reference as the Presiding Officer has determined (see Annex M). (The Scottish Parliament is licensed to use Ordnance Survey products.) This determination gives the necessary detail of the content of each document. See also the determinations at Annexes D and E which provide guidance on the proper form and layout of the book of reference. Where any of the documents cannot be provided, a written statement must be provided setting out which documents are missing and the reasons for the omission. The promoter should provide two copies of the maps, plans and section and book of reference.

2.52 The model notification letter at Annex F(B) states that an extract from the plans is enclosed with the notification letter. The promoter may wish to give careful consideration as to whether any other maps or drawings could be provided that would aid understanding of the precise location of the land intended for acquisition.

Environmental Statement

2.53 A Bill to which Rule 9A.1.1A applies should be accompanied by an Environmental Statement. The Presiding Officer has determined that this should contain all the information currently set out in Schedule 4 to the Environmental Impact Assessment (Scotland) Regulations 1999 (SI 1999/1). In addition to these requirements, the promoter should also provide a summary of the Environmental Statement in clear, non-technical language. The Presiding Officer’s determination in respect of the Environmental Statement can be found at Annex N. The determination at Annex P on consultation with mandatory consultees (e.g. Scottish Natural Heritage, the Scottish Environmental Protection Agency, Historic Scotland) is also pertinent. The promoter should provide eight copies of the Environmental Statement and its summary.

Draft Code of Construction Practice

2.54 This is not an accompanying document as required under Rule 9A.2.3 but, as highlighted in paragraph 2.16, promoters will wish to give serious consideration to the provision of a draft Code of Construction Practice (CoCP) at the time the Bill is introduced. The document has proved particularly helpful to Private Bill Committees.

2.55 The purpose of the CoCP is to identify the actions the promoter will require contractors and sub-contractors to take during the construction phase of the project to minimise the environmental and other impacts e.g. construction noise, dust pollution, disposal of waste material. It defines the minimum standards of construction practice required of contractors, informs those affected eg local communities of how the promoter will mitigate such impacts and on how they will be consulted and engaged over such mitigation and of the timetable for the construction works.

2.56 Although there is no statutory requirement for a CoCP, best practice has established that these are extremely useful in terms of identifying the means by which contractors will be required to carry out the works in a manner that seeks to minimise their environmental and other impacts. In accordance with such best practice, the CoCP can be incorporated into the contracts for the construction of the works proposed under the Bill. This ensures that all contractors and sub-contractors are required to fully comply with the terms of the document.

2.57 It is accepted that for some types of Private Bill (e.g. those which seek to change the name or status of an organisation) a draft CoCP would not be required.

Draft Noise and Vibration Policy

2.58 Again, this is not an accompanying document as required under Rule 9A.2.3 but a document that promoters will wish to consider lodging anyway. The purpose of the Noise and Vibration Policy (NVP) is to set out the approach the promoter will adopt to mitigate noise and vibration impact from the operation of the works conferred under the Bill (the CoCP addresses the mitigation of construction noise and vibration).

2.59 The NVP may build on commitments made during the Environmental Impact Assessment as reported in the Environmental Statement. The NVP can be made binding on relevant contractors by being incorporated into the appropriate contracts for the construction and operation of the works.

2.60 Again it is recognised that the provision of a draft NVP may not be relevant to all Private Bills.

Printing, publication and distribution of Bill and Accompanying Documents

Accompanying documents software

2.61 The clerks have specially-developed templates for formatting some of the accompanying documents required under Rule 9A.2. These templates do not apply to maps, plans, sections, book of reference, Environmental Statement or the assignation of copyright/license agreement. For those accompanying documents that do apply, the promoter must only submit the unformatted text, which the clerks will enter into the software, thus automatically ensuring that these documents conform to the standard conventions of layout and presentation. The templates for accompanying documents also include the pro forma introductory paragraphs of text (see Annex D) and pro forma wording for some of the statements, undertakings and agreements required (in the same form of words as set out in Annex E). The final text of the relevant accompanying documents should be submitted, also unformatted, to the clerks at the same time as the final text of the Bill, for entering into the templates. Promoters will be given an opportunity to check the formatted versions before they are published.

Submission of finalised documents

2.62 The promoter should submit a final text of the Bill itself, together with all necessary accompanying documents, to the Legislation Team clerks at least three weeks before the proposed date of introduction. During this period, the clerks will enter the text of the Bill and the relevant accompanying documents into the appropriate software and check that they conform to the Standing Orders, relevant determinations and this Guidance. At the same time, the Parliament’s legal advisers will prepare advice to inform the Presiding Officer's statement.

2.63 Every reasonable effort will be made to ensure that the promoter’s proposed introduction date can be met. The promoter will be notified as soon as the Presiding Officer has signed a statement on legislative competence. At that point, and assuming that all other pre-introduction requirements have been satisfied, the Bill can be formally introduced. Promoters should be aware that the Bill will only be available publicly the day after introduction.

Distribution arrangements

2.64 It is for the clerks to distribute the Bill and those accompanying documents published by the Parliament to a list of premises determined by the Presiding Officer (see Annex I) and to the mandatory consultees. Promoters should be aware that these documents are only available publicly the day after introduction. At the same time, the promoter should send copies of the remaining accompanying documents to the same premises and to the mandatory consultees (pursuant to the undertaking given as part of the Promoter’s Statement, described above).

Introduction of the Bill

2.65 Under Rule 9A.1.2, a Private Bill can be introduced on any “sitting day”. A sitting day is, under Rule 2.1.3, any day when the office of the Clerk is open but not when the Parliament is in recess or dissolved. The office of the Clerk is normally open on weekdays. The clerks can advise promoters of the dates of forthcoming recesses or other days when the office of the Clerk will not be open.

2.66 The Bill is introduced by being lodged with the Clerk (Rule 9A.1.3) and must be signed by, or on behalf of, the promoter. In practice therefore, the signed Bill should be lodged in hard copy (together, preferably, with hard copies of the accompanying documents for which the promoter is responsible), either in person by the promoter or by post (recorded delivery or registered post being advisable). These should be the versions agreed with, and formatted by, the clerks.2 Following this procedure should ensure that, by the time the Bill is formally introduced, it conforms to the Presiding Officer’s determination on proper form (under Rule 9A.1.4) and the other requirements of introduction set out in Rule 9A.2.

Fees

2.67 At the time the Bill is introduced, the promoter must also pay whatever fee for introduction of the Bill has been determined by the SPCB under Rule 9A.1.8. The determination by the SPCB setting out these fees is at Annex J. A certificate in respect of the reduced fee is provided in Annex O.

2.68 The Parliament’s Finance Office will invoice the promoter for the reimbursement of the cost of printing and publishing the Bill and all accompanying documents specified in the determination at Annex J. The costs that a promoter will incur and that are refundable to the Parliament under Rule 9A.2.3(d)(vi) will vary depending upon such factors as the size of the Bill and its accompanying documents, and the number, length and location of the Private Bill Committee’s meetings.

2.69 Any fees and costs not timeously paid may result in the Bill not proceeding further until payment is made.

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Footnotes:

2 The Legislation Team clerks may make final changes to the presentation of these documents (such as adding line numbers to the Bill) but not to the text itself before sending them to the printer