83J   Certification of bills, clauses and schedules etc: general / Certification of bills etc. as relating exclusively to England or England and Wales and being within devolved legislative competence

The Speaker shall, before second reading-

(a) consider every public bill presented by a Minister of the Crown or brought from the Lords and taken up by a Minister of the Crown, and

(b) certify any such bill, or any clause or schedule of any such bill, which, in the Speaker's opinion-

(i) relates exclusively to England or to England and Wales, and

(ii) is within devolved legislative competence.

A clause or schedule relates exclusively to England or to England and Wales if (disregarding any minor or consequential effects outside the area in question) it applies only to England or (as the case may be) to England and Wales.

A clause or schedule which relates exclusively to England is within devolved legislative competence if-

(a) it would be within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament,

(b) it would be within the legislative competence of the National Assembly for Wales to make any corresponding provision for Wales in an Act of that Assembly, or

(c) it would be within the legislative competence of the Northern Ireland Assembly to make any corresponding provision for Northern Ireland in an Act of that Assembly and the corresponding provision would deal with a transferred matter.

A clause or schedule which relates exclusively to England and Wales is within devolved legislative competence if-

(a) it would be within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament, or

(b) it would be within the legislative competence of the Northern Ireland Assembly to make any corresponding provision for Northern Ireland in an Act of that Assembly and the corresponding provision would deal with a transferred matter.

A bill-

(a) relates exclusively to England and is within devolved legislative competence if every clause and every schedule of it relates exclusively to England and is within devolved legislative competence;

(b) relates exclusively to England and Wales and is within devolved legislative competence if every clause and every schedule of it relates exclusively to England and Wales and is within devolved legislative competence.

In deciding whether a bill relates exclusively to England or to England and Wales, the Speaker shall treat any clause or schedule whose only effects are minor or consequential effects outside the area in question as relating exclusively to that area.

In deciding whether a clause or schedule is within devolved legislative competence, the Speaker may take account of any amendments to the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly which-

(a) are not in force at the time of certification, but

(b) are to come into force on a day already fixed by law,

if the Speaker considers that the clause or schedule is itself only likely to come into force on or after that day; and, for this purpose, an amendment which is in force but applies only in relation to a future period of time (or a clause or schedule which is likely to come into force but so apply) is to be treated as not being in force (or as not likely to come into force) until the start of that period (being a day already fixed by law).

In deciding whether to certify a bill, clause or schedule under this order, the Speaker-

(a) may consult two members of the Panel of Chairs who are appointed for this purpose by the Committee of Selection on a session by session basis, and

(b) shall disregard any provision inserted by the House of Lords which, in the Speaker's opinion, has the sole objective of ensuring that Standing Order No. 80(a) (Privilege (bills brought from the Lords)) will apply to the bill.

The Speaker shall announce any decision under this order to the House.

This order shall not apply to the following bills-

(a) a bill which is certified under Standing Order No. 97(1) (Scottish Grand Committee (bills in relation to their principle)),

(b) a bill referred to the Welsh Grand Committee under Standing Order No. 106(1) (Welsh Grand Committee (bills)),

(c) a bill referred to the Northern Ireland Grand Committee under Standing Order No. 113(1) (Northern Ireland Grand Committee (bills in relation to their principle)),

(d) a bill which falls to be considered by the select committee appointed under Standing Order No. 140 (Joint Committee on Consolidation, &c., Bills),

(e) a bill whose main purpose is to give effect to proposals contained in a report by a Law Commission,

(f) a tax law rewrite bill,

(g) a bill introduced under the Statutory Orders (Special Procedure) Act 1945 or for confirming a provisional order.

This order-

(a) shall not affect the right of every Member to vote on-

(i) the consideration of estimates, and

(ii) ways and means motions and motions for money resolutions (other than motions to which Standing Order No. 83U applies), and

(b) shall not apply to a Consolidated Fund or Appropriation Bill.

83J   Certification of bills, clauses and schedules etc: general / Certification of bills etc. as relating exclusively to England or England and Wales and being within devolved legislative competence

Article repealed