Annex G: Notification and consent
(1) Presiding Officer determination (Private Bills): Notification of persons with an interest in heritable property
The Presiding Officer has determined under Rule 9A.2.3(d)(i) of Standing Orders the persons or classes of persons with an interest in heritable property who require to be notified by the promoter of a Private Bill as follows:
Persons whose interests are––
(a) recorded in the Register of Sasines held by Registers of Scotland
(b) registered on the Land Register of Scotland
(c) on the latest version of the valuation roll, or
(d) as the owner, the lessee or, as the case may be, the occupier of any land or buildings (other than land or buildings the owner, lessee or occupier of which cannot be ascertained after reasonable inquiry).
(2) Presiding Officer determination (Private Bills): Notification of and consent from members of promoting body
The Presiding Officer has determined under Rule 9A.2.3(d)(ii) of Standing Orders that the details that require to be set out in a Promoter’s Statement accompanying a Private Bill, where the promoter is a body corporate or an unincorporated association of persons, are as follows––
(a) the date on which, and the means by which, members of that body or association were notified that a Private Bill was proposed and that their consent was required before it could be introduced, and
(b) the date on which, and the means by which, the consent of those members to the Bill’s introduction was obtained, whether consent was unanimous (and, if not, the numbers supporting and opposing introduction of the Bill) and, where consent was expressed by a resolution of the body or association, the terms of that resolution.
(3) Presiding Officer determination (Private Bills): Notification of and consent from members of third party bodies
The Presiding Officer has determined under Rule 9A.2.3(d)(iii) of Standing Orders that, in the case of a Private Bill that contains provisions that confer powers upon or modify the constitution of a body corporate or an unincorporated association named in the Private Bill but not being the promoter, the details that require to be set out in the Promoter’s Statement are as follows—
(a) the date on which, and the means by which, members of that body or association were notified that a Private Bill was proposed and that their consent to relevant provisions of the Bill was required before it could be introduced, and
(b) the date on which, and the means by which, the consent of those members to the relevant provisions was obtained, whether consent was unanimous (and, if not, the numbers supporting and opposing the relevant provisions) and, where consent was expressed by a resolution of the body or association, the terms of that resolution.
(4) Model notification letter
The purpose of this letter is to inform you that [name of promoter] intends to introduce a Private Bill, the [title of Bill], into the Scottish Parliament on or around [proposed date of introduction].
The purpose of the Bill is to [give outline of what the Bill does].
[Optional text here (X) – see end of Annex.]
The Bill and accompanying documents
The day after the Bill is introduced in the Parliament, it will be published on the Parliament’s website (www.parliament.scot, go to Bills and laws / Current and previous Bills), together with the following accompanying documents—
· Explanatory Notes
· a Promoter’s Memorandum
· a Promoter’s Statement
· statements by the promoter and by the Presiding Officer of the Parliament on the legislative competence of the Bill.
In addition, printed copies of the Bill and the above documents will be available for inspection, as soon as possible after introduction, at the following premises—
[list relevant public libraries or other premises].
[In the case of a Bill to which Rule 9A.1.1A applies, insert the following additional paragraph: At the above locations, you will also find printed copies of the following additional accompanying documents that will be published by the promoter rather than by the Parliament (and so may not be available on the Parliament’s website):
· an Estimate of Expense and Funding Statement
· maps, plans and sections
· a book of references
· an Environmental Statement.]
Parliamentary process (including objections)
Once the Bill has been introduced, it will be subject to a three-Stage process where it will be considered in detail both by a specially established Private Bill Committee and by the full Parliament.
You may be entitled to object to the Bill. Objections must normally be lodged within a 60-day period that begins on the day after introduction of the Bill. The actual dates on which the objection period for this Bill will begin and end will be published on the Parliament’s website immediately after the Bill is introduced.
Objections must (amongst other things)—
· set out clearly the nature of the objection;
· explain whether the objection is to the whole Bill and/or specified provisions; and
· specify how the objector’s interests would be adversely affected by the Bill.
At the end of the 60-day period, all admissible objections will be posted on the Parliament’s website (but with all personal details, other than the names of objectors, removed). As part of the Parliament’s scrutiny process, objectors will have an opportunity to give oral or written evidence to the Private Bill Committee (or to an independent assessor), either individually or in groups. It will be for the Committee to decide, on the basis of the evidence taken from objectors and the promoter, whether to accept the objections, in whole or in part, or to reject them.
Further details on the Private Bill process are available on the Scottish Parliament website (www.parliament.scot). In particular, you may find it helpful to read:
· Chapter 9A of the Parliament’s standing orders (go to About / How the Parliament Works / Rules and guidance / Standing Orders of the Scottish Parliament)
· the Guidance on Private Bills (go to About / How the Parliament Works / Rules and guidance / Guidance on Public, Private and Hybrid Bills)
· “Information for objectors to Private Bills” (go to Bills and Laws / About Bills and Laws / How a Bill becomes an Act / Private Bill)
Alternatively, please contact the Non-Government Bills Unit (0131 348 5246, [email protected]).
For further information about the proposed Bill, please contact [insert name and contact details for promoter].
Additional material to be included in the above letter (at point X) in relation to Bills that seek to authorise the compulsory acquisition or use of any land or buildings
I / We understand that you are the owner / lessee / occupier of [insert name/address of property / the land described in the annex to this letter]. The Bill provides for this property / land to be subject to compulsory purchase / use [give details if required – e.g. if the Bill provides power to carry out protective works, or extinguishes certain rights over the land]. This means that, if the Bill is passed by the Parliament, you may be forced to sell / move out of the property / the land may be used for [specify purpose] without your consent being required. [Or give alternative outline, in plain English, of the likely consequences of the relevant provisions of the Bill.] You may be entitled to compensation for any financial loss that results.
[Optional:] Further information about the land affected / the nature of the Bill’s impact on the above property / land is set out in an annex to this letter. [Include maps, plans etc. in the annex if appropriate.]
IF YOU ARE IN DOUBT ABOUT THE POSSIBLE EFFECT OF THIS LETTER YOU SHOULD SEEK LEGAL ADVICE AS SOON AS POSSIBLE.