UK House of Commons

Life of a Standing Order

Date Change Text
22 October 2015 Made

The Speaker shall consider any motion relating to a Lords amendment to a bill or to any other message from the Lords in respect of a bill.

The Speaker shall certify the motion if, in the Speaker's opinion, it-

(a) relates exclusively to England and is within devolved legislative competence, or

(b) relates exclusively to England and Wales and is within devolved legislative competence.

For the purposes of paragraph (2) a motion relates exclusively to England or to England and Wales and is within devolved legislative competence if it or any provision of it-

(a) relates to a Lords amendment, or an item in another message, which would, if agreed, result in-

(i) a clause or schedule as amended which relates exclusively to England or to England and Wales and is within devolved legislative competence,

(ii) a new or unamended clause or schedule which so relates and is within devolved legislative competence, or

(iii) the omission of a clause or schedule which so relates and is within devolved legislative competence, or

(b) contains proposals which would, if agreed, so result.

The Speaker shall also certify a motion if, in the Speaker's opinion, it or any provision of it-

(a) relates to a Lords amendment, or an item in another message, which would, if agreed, result in a clause or schedule, which relates exclusively to England or to England and Wales and is within devolved legislative competence, ceasing to so relate or to be within devolved legislative competence, or

(b) contains proposals which, if agreed, would so result.

Any motion certified under paragraph (4) shall be certified as relating exclusively to the area to which the clause or schedule relates (and there shall be no certification as to devolved legislative competence).

The same motion may be certified in relation to different areas under paragraphs (2) and (4) or either of them.

If a division is held on a motion certified under this order, the motion shall be agreed to only if, of those voting in the division-

(a) in the case of a motion certified in relation to England, a majority of Members and a majority of Members representing constituencies in England,

(b) in the case of a motion certified in relation to England and Wales, a majority of Members and a majority of Members representing constituencies in England and Wales, and

(c) in the case of a motion certified both in relation to England and in relation to England and Wales, a majority of Members, a majority of Members representing constituencies in England and a majority of Members representing constituencies in England and Wales,

vote in support of the motion.

The Speaker shall, in selecting motions relating to Lords amendments or other messages, have regard to the extent to which such motions are drafted so that they can be certified under this order by virtue of every provision of them meeting the test in paragraph (3)(a) or (b) or (4)(a) or (b).

If a motion relating to a Lords amendment or other message is disagreed to under this order because one of the groups voting in the division has not voted in support of it while another has, the decision of the House shall be-

(a) in the case of a motion to disagree (or agree) to a Lords amendment or an item in another message, to disagree with it, and

(b) in any other case, such decision as would have the effect of leaving the bill so far as it relates to that matter in the same position as it was before the Lords amendment or other message was received from the Lords.

The Speaker shall announce any decision under paragraph (2) or (4) to the House.

This order does not apply in relation to-

(a) any motion relating to a bill which was not eligible for certification under Standing Order No. 83J, and

(b) any of the following motions-

(i) any ways and means motion or motion for a money resolution,

(ii) any programme motion,

(iii) any order of consideration motion,

(iv) any motion of, or relating to, the Reasons Committee, and

(v) any other motion of a similar kind to a motion falling within any of paragraphs (i) to (iv).

In this order-

(a) references to motions are to be read as including, so far as relevant, references to amendments to Lords amendments and references to amendments to the bill, and

(b) the reference in paragraph (3)(a)(i) to claues or schedules as amended includes, in particular, a reference to clauses or schedules which would be amended by virtue of their territorial application being modified otherwise than in the clauses or schedules themselves.

Paragraphs (2) to (4), (7) and (8)(a) of Standing Order No. 83J apply for the purposes of deciding under this order whether clauses or schedules relate exclusively to England or to England and Wales and are within devolved legislative competence as they apply for the purposes of the certification of clauses or schedules under that order; and, in the case of a bill which relates exclusively to England or to England and Wales, paragraph (6) of that order also applies for the purpose of deciding under this order whether clauses or schedules so relate.