PRIVATE BILL
Anyone promoting a private bill must conform to Parliament's standing orders before the Bill can be introduced into either House. To do so, the promoter must:
Deposit a petition and a copy of the proposed Bill at the Private Bills Office in the House of Commons and with the Clerk
of the Parliaments in the House of Lords
before November 27 in the session in which it is hoped to obtain a passage for the Bill.
Notice of the Bill's Proposals must be given
People who might be affected by the Bill are entitled
to be notified e.g.owners, lessees and occupiers of land or property.
Advertise in the local Press for the area in which the bill will be introduced, outlining the Bill.Send copies
of the Bill to any government department that might be interested.
The House of Lords and the Speaker of the House of Commons each appoint one examiner to look at all private Bills
to ensure that promoters have conformed to standing orders. The examinations begin it December each year and take
place in one of the committee rooms of the Houses of Parliament. The examiner gives a Bill's promoter 7 days notice
when his petition is to be examined. Notice of the examination is also given in the daily notices for private business
issued by both Houses. Anyone claiming that formalities have not been met may object to the examiners before December
17. If a promoter does not attend the examination of his Bill, his petition falls, and no further progress is made
on his Bill.
If the examiner finds that standing orders have been complied with, the Bill is ready for allocation to whichever
House is to start debating it.
However, if standing orders have not been complied with, the matter is referred to the House of Commons Standing Orders Committee, who decide whether the Bill is disqualified or whether standing orders may be dispensed
with. If the Bill qualifies, it is allocated to either the House of Lords or Commons in the same way as a public
Bill, and it passes through a similar process in both Houses, except that at each stage the petitioners and objectors
may state their case.
The stages of a Bill
First Reading The Bill is formally introduced to the House when its title as read out The Bill has already bean printed. No discussion takes place.
Second Reading The full House votes whether to give the Bill a passage.This does not mean that it approves the general principle of the Bill; it is simply passing it to a committee on the condition that the promoters prove the necessity of the Bill to that committee .
Committee stage In the House of Commons. if there are no objections to a
private Bill. it is passed to a select Committee on Unopposed Bills, comprising six members of the Commons. In
the House of Lords, unopposed Bills are discussed by a committee consisting of as many Lords as the House
The promoters of the Bill are represented before these committees by a parliamentary agent, usually a solicitor.
An agent may also be engaged by a group opposing a Bill. When acting for the promoters of an unopposed Bill, the
agent sets out the Bill's principles before the committee which decides whether it should continue its passage
through the House. If the committee agree it should continue, the members discuss the Bill, clause by clause.
Opposed Bills are sent to a Select Committee, comprising four members of the Commons. In the Lords an opposed Bills committee consists of five peers. Both promoter and objector maybe represented by counsel, who outlines
the purpose of the Bill or the objections to the committee. The committee decides whether the Bill is rejected
or allowed to continue its passage through the House. If the Bill is passed, it is then discussed in detail, clause
by clause, by the committee.
Report stage The committee reports back to the full House with any amendments
it has made. The House decides whether to pass the Bill or send it back for further amendments.
Third reading When the amendments are agreed, or disposed of in some other
way, by the House, the Bill receives its third reading.
If it is passed, the Bill is sent to the other House where it has to pass through exactly the same detailed, procedure before it can become law.
OBJECTING TO A PRIVATE BILL
How private Bills are scrutinized by examiners
Any person or group is entitled to object to a private Bill during its progress through Parliament, provided that
he or they can prove that an interest or property will be affected by proposals contained in the Bill. There are
three stages at which objections may be made:
o When a Bill is being examined to make sure its promoters have complied with standing-orders.
o When a Bill has been passed to a committee in the first House.
o When it reaches the committee stage in the second House.
If you do decide to object to a Bill, write to the clerk of the Private Bills Office
in either the House of Lords or the House of Commons. You will be given detailed information on how to proceed
with your objections.
To be allowed to make representations - against a Bill. our objector must present a petition at the Private Bills
Office before January 30 in the House of Commons and February 6 in the House of Lords.
If the Bills examination has been adjourned until after January 20, present your petition no more than 10 days
after the Bill has received its first reading in either House.
If you wish to have professional help in putting your case, write to the secretary of the Society of Parliamentary Agents, 15 Great College Street, London SWI.
The fee for the agent's and counsel's services, which depends on the amount of work involved, may be expensive
- for example, promoting an opposed Bill could cost several thousands of pounds. If your objections fail to stop
a Bill in the first House, you are entitled to represent your objections before a committee of the second House.
