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3. Background
Definition
3.1 According to the Standing Orders of the Scottish Parliament (Rule 9A.1.1):
" A Private Bill is a Bill introduced for the purposes of obtaining for an individual person, body corporate or unincorporated association of persons ("the promoter") particular powers or benefits in excess of or in conflict with general law, and includes a bill relating to the estate, property, status or style, or otherwise relating to the personal affairs, of the promoter".
3.2 A number of Private Bills have been introduced to the Scottish Parliament and indeed four have received Royal Assent one of which related to a public transport project 3.
Description of current Private Bill process
3.3 Private Bills are subject to a particular Parliamentary procedure which is substantially different to the more usual Public Bills. After a Private Bill has been introduced to Parliament any person, body corporate or unincorporated association may lodge an objection if the provisions of the bill would adversely affect their interests. Objections can be raised during a 60 day period following the bill being introduced.
3.4 Once the Objection Period has concluded a Private Bill is then subject to a three stage process. This is:
- Preliminary Stage;
- Consideration Stage; and
- Final Stage
3.5 The Preliminary Stage begins once the Private Bill has been printed and the Scottish Parliament has, by resolution, established a Private Bill committee. The committee's role is to produce a report to the Scottish Parliament on two main issues:
- whether to recommend that the general principles of the bill should be agreed; and
- whether the bill should proceed as a Private Bill.
3.6 The report sets out the result of the committee's preliminary consideration of specific objections as well as including the committee's decisions with regard to any objections against the whole bill. After the Preliminary Stage report has been published a debate takes place on a motion lodged in the name of the committee convenor. If a motion for the Private Bill to proceed is agreed to by the Scottish Parliament, the bill then proceeds to the Consideration Stage.
3.7 The overall purpose of the Consideration Stage is to consider the detail of the bill. There are two distinct phases within this stage. The first phase involves the Private Bill committee conducting a public hearing to hear evidence and objections to the bill; the second phase involves the committee meeting to review, consider and dispose of any amendments to the bill's provisions.
3.8 The final stage takes place at a meeting of the Scottish Parliament at which there is a further opportunity to amend the bill before debating and voting on whether the bill should be passed.
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