Part II Legislative Powers

Scrutiny and stages of Bills

10 Scrutiny by Presiding Officer.

(1)

Standing orders shall ensure that a Bill is not introduced in the Assembly if the Presiding Officer decides that any provision of it would not be within the legislative competence of the Assembly.

(2)

Subject to subsection (3)—

(a)

the Presiding Officer shall consider a Bill both on its introduction and before the Assembly enters on its final stage; and

(b)

if he considers that the Bill contains—

(i)

any provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or

(ii)

any provision which deals with a reserved matter,

he shall refer it to the Secretary of State; and

(c)

the Assembly shall not proceed with the Bill or, as the case may be, enter on its final stage unless—

(i)

the Secretary of State’s consent to the consideration of the Bill by the Assembly is signified; or

(ii)

the Assembly is informed that in his opinion the Bill does not contain any such provision as is mentioned in paragraph (b)(i) or (ii).

(3)

Subsection (2)(b) and (c) shall not apply—

(a)

where, in the opinion of the Presiding Officer, each provision of the Bill which deals with an excepted or reserved matter is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only; or

(b)

on the introduction of a Bill, where the Bill has been endorsed with a statement that the Secretary of State has consented to the Assembly considering the Bill.

(4)

In this section and section 14 “final stage”, in relation to a Bill, means the stage in the Assembly’s proceedings at which the Bill falls finally to be passed or rejected.