PARLIAMENTARY COSTS BILL

Similar documents
POWERS OF CRIMINAL COURTS (SENTENCING) BILL

The Law Commission (LAW COM No 297) RENTING HOMES: THE FINAL REPORT VOLUME 2: DRAFT BILL

Gambling (Licensing and Advertising) Bill

DELEGATED POWERS AND REGULATORY REFORM COMMITTEE CRIME (OVERSEAS PRODUCTION ORDERS) BILL MEMORANDUM BY THE HOME OFFICE

ANNUAL REPORT

HC Factsheets L No 8. (Previously Factsheet 15)

Corporate Manslaughter and Corporate Homicide Bill

Healthcare (International Arrangements) Bill

Healthcare (International Arrangements) Bill (changed to Healthcare (European Economic Area and Switzerland Arrangements) Bill)

Political Parties, Elections and Referendums Act amendments relating to European Parliamentary Elections; and for connected purposes.

National Lottery Bill

Recall of MPs Bill (Draft) CONTENTS PART I. How an MP becomes the subject of a recall referendum PART II. Returning officers and their role PART III

HGV Road User Levy Bill

Votes and Proceedings

CIVIL LIABILITY BILL [HL] EXPLANATORY NOTES

CENSUS (SCOTLAND) BILL

EUROPEAN UNION (NOTIFICATION OF WITHDRAWAL) BILL EXPLANATORY NOTES

REFUGEES (FAMILY REUNION) (NO. 2) BILL EXPLANATORY NOTES

2010 No. 791 COPYRIGHT

EUROPEAN INVESTIGATION ORDER D A V I D J D I C K S O N

Lisbon Treaty Referendum Bill

Trade Bill EXPLANATORY NOTES

FINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS

UNITED KINGDOM ACT OF PARLIAMENT c 30 INTERPRETATION ACT 1978 UK

The Constitutional Reform Act 2005-the role of the Lord Chancellor

ADDENDUM STANDING ORDERS

Trade Bill EXPLANATORY NOTES

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

Football Spectators and Sports Grounds Bill

Structure of Governance: The UK

Compare the vote Level 1

LORDS AMENDMENTS TO THE COUNTER-TERRORISM AND SECURITY BILL

Compare the vote Level 3

A guide to bringing a case to The Supreme Court

Daylight Saving Bill

LORDS AMENDMENTS TO THE ENTERPRISE AND REGULATORY REFORM BILL

House of Commons NOTICES OF AMENDMENTS. given up to and including. Thursday 25 January 2018

Intelligence Services Act 1994

FINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES

Select Committees. Brief Guide

The Child Tax Credit Regulations Statutory Instrument 2002 No. 2007

Lobbying. The Art of Political Persuasion. by Lionel Zetter

LAND, VALUATION AND HOUSING TRIBUNALS

NATIONAL CITIZEN SERVICE BILL [HL] EXPLANATORY NOTES

European Union (Withdrawal) Bill

FOOTBALL SPECTATORS AND SPORTS GROUNDS BILL

SECURE TENANCIES (VICTIMS OF DOMESTIC ABUSE) BILL [HL] EXPLANATORY NOTES

Hereditary Peerages (Succession) Bill [HL]

2016 No. 419 REFERENDUMS REPRESENTATION OF THE PEOPLE

Civil Contingencies Bill

These notes relate to the Lords Amendments to the Welfare Reform Bill, as brought from the House of Lords on 31 January 2012 [Bill 302].

Subordinate Legislation considered on 18th April 2017

FINANCIAL SERVICES (IMPLEMENTATION OF LEGISLATION) BILL [HL] EXPLANATORY NOTES

STRENGTHENING THE RACE RELATIONS ACT

European Union (Withdrawal) Bill

Vacancy for President of The Supreme Court of The United Kingdom

DISABLED PERSONS PARKING BADGES BILL EXPLANATORY NOTES

Scotland Bill EXPLANATORY NOTES. Explanatory notes to the Bill, prepared by the Scotland Office, are published separately as Bill 115 EN.

2010 No CHILDREN AND YOUNG PERSONS

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

BILL. Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

2014 No. 379 SEA FISHERIES. The Sea Fishing (Points for Masters of Fishing Boats) (Scotland) Regulations 2014

Mental Health (Discrimination) (No.2) Bill

The British Waterways Board (Transfer of Functions) Order 2012

European Union (Withdrawal) Bill

Delegated Powers Memorandum. Civil Liability Bill. Prepared by the Ministry of Justice

FINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES

Road Traffic Regulation (Temporary Closure for Filming) Bill

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!

The United Kingdom: Political Institutions. Lauren Cummings

The Constitution (Amendment) (Tobago Self-Government) Bill, 2018

Climate Change Bill CONTENTS

Employment Bill [HL]

Civil Liability Bill [HL]

Defamation Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS. Requirement of serious harm

EU Referendum Bill B I L L. Provide for a referendum about the United Kingdom s future relationship with the European Union.

Data Protection Bill: Summary of government amendments for Lords Committee tabled on 20 October 2017

Parking (Code of Practice) Bill

Civil Liability Bill [HL]

Registration of Political Parties Act An Act to make provision about the registration of political parties.

The Lords Amendments to the European Union (Withdrawal) Bill House of Commons Consideration. Briefing by the Law Society of Scotland

Supervised Drug Consumption Facilities Bill

Legal Aid current practice and developments

VOYEURISM (OFFENCES) (NO. 2) BILL EXPLANATORY NOTES

House of Commons NOTICES OF AMENDMENTS. given up to and including. Tuesday 26 June 2018

2011 No. 586 (L. 2) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES. The Civil Proceedings Fees (Amendment) Order 2011

Laser Misuse (Vehicles) Bill [HL]

Supply of the Electoral Register

European Union (Withdrawal) Bill

Conditions Act School Teachers' Pay and ARRANGEMENT OF SECTIONS CHAPTER 49

Legislative Consent Memorandum: Counter-Terrorism and Border Security Bill

2014 No JUDICIAL APPOINTMENTS AND DISCIPLINE. The Judicial Discipline (Prescribed Procedures) Regulations 2014

NORTHERN IRELAND BUDGET (NO. 2) BILL EXPLANATORY NOTES

SANCTIONS AND ANTI-MONEY LAUNDERING BILL AMENDMENT TO BE MOVED IN COMMITTEE

The British Parliament

PARLIAMENTARY CONSTITUENCIES (AMENDMENT) BILL EXPLANATORY NOTES

Bribery. Draft Legislation

PARKING (CODE OF PRACTICE) BILL EXPLANATORY NOTES

Transcription:

THE LAW COMMISSION and THE SCOTTISH LAW COMMISSION (LAW COM No 298) (SCOT LAW COM No 202) PARLIAMENTARY COSTS BILL REPORT ON THE CONSOLIDATION OF LEGISLATION RELATING TO PARLIAMENTARY COSTS Presented to the Parliament of the United Kingdom by the Lord High Chancellor and the Secretary of State for Scotland by Command of Her Majesty June 2006 Cm 6846 X.XX

The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale QC, FBA Stuart Bridge Dr Jeremy Horder Kenneth Parker QC The Chief Executive of the Law Commission is Mr Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WC1N 2BQ. The Scottish Law Commissioners are: The Honourable Lord Eassie, Chairman Professor Gerry Maher QC Professor Joseph Thomson Mr Colin Tyre QC Professor George Gretton The Chief Executive of the Scottish Law Commission is Mr Michael Lugton and its offices are at 140 Causewayside, Edinburgh, EH9 1PR. The text of this report is available on the Internet at: http://www.lawcom.gov.uk http://www.scotlawcom.gov.uk 2

THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION PARLIAMENTARY COSTS BILL REPORT ON THE CONSOLIDATION OF LEGISLATION RELATING TO PARLIAMENTARY COSTS To the Right Honourable the Lord Falconer of Thoroton, Lord High Chancellor of Great Britain, and the Right Honourable Douglas Alexander M.P., Secretary of State for Scotland. The Bill which is the subject of this Report consolidates the legislation about the costs relating to Parliamentary proceedings on private Bills. The Bill extends to England and Wales, Scotland and Northern Ireland. In order to produce a satisfactory consolidation it is necessary to make the recommendations which are set out in Appendix 1 to this Report. All three recommendations affect the law of Scotland (as well as that of England and Wales and of Northern Ireland) and are therefore recommendations of both the Law Commission and the Scottish Law Commission. The bodies and persons listed in Appendix 2 to this Report have been consulted in connection with the recommendations and do not object to any of them. ROGER TOULSON Chairman, Law Commission RONALD D. MACKAY Chairman, Scottish Law Commission June 2006 3

APPENDIX 1 RECOMMENDATIONS Section 1 of the Parliamentary Costs Act 1865: meaning of unanimous 1. Sections 1 and 2 of the Parliamentary Costs Act 1865 apply where the committee on a private Bill unanimously reports that a petitioner or promoter has been vexatiously subjected to expense in pursuing his cause.the Act does not say what unanimously means. But Erskine May (23rd edition, pp.1039-40) says that the Act is complied with if all the members of the committee present at the hearing of the case, provided that they form a quorum, have unanimously reported in the manner prescribed for entitling parties to recover costs. It cites as authority for that proposition the minutes of the Police and Sanitary Committee (consisting of nine members, with a quorum of five) on the Lancaster Corporation Bill 1888 (see footnote 1 on page 1040). We recommend that, in reproducing sections 1 and 2 of the 1865 Act, the Bill should make express provision to the effect that unanimously has the same meaning in the consolidation as it has been taken to have in practice. Effect is given to this recommendation in clause 9(5) of the Bill. Section 1 of the Parliamentary Costs Act 1865: committee s report 2. Section 2 of the 1865 Act (recovery of costs by promoter) provides for the committee s report to mention any award of costs it makes. Section 1 (recovery of costs by petitioner) does not make provision to that effect, yet Erskine May (23rd edition, p.1040) implies that it does. And there would seem to be no good reason why the consolidated provision should not. We recommend that, in reproducing section 1 of the 1865 Act, the Bill should make express provision to the effect that, on reporting a private Bill to the House, the committee must specify what costs are recoverable, who must pay them and who may recover them. Effect is given to this recommendation in clause 10(3) of the Bill. Section 1 of the House of Commons Costs Taxation Act 1879: public and general Bills 3. Section 1 of the House of Commons Costs Taxation Act 1879 provides for the House of Commons Costs Taxation Act 1847 to apply in relation to the opposition to any public and general Bill. The authorities of the House of Commons advise that there are no procedures for matters relating to a public Bill, other than a hybrid Bill, to which an assessment by the taxing officer of that House could be relevant. And, on that basis, they advise that the reference to a public and general Bill should be to a hybrid Bill only. We recommend that, in giving effect to section 1 of the 1879 Act, the reference to any public and general Bill should be limited to any hybrid Bill. Effect is given to that recommendation in clause 15(1)(b) of the Bill. 4

APPENDIX 2 CONSULTEES Parliamentary agents Berwin Leighton Paisner Bircham Dyson Bell Lee Bolton & Lee Rees & Freres Sharpe Pritchard Vizards Tweedie Winckworth Sherwood Government departments Department for Culture, Media and Sport Ministry of Defence Office of the Deputy Prime Minister Department of Health Department of Trade and Industry Department for Transport HM Treasury Wales Office Department for Work and Pensions Treasury Solicitor The Scottish Executive National Assembly for Wales Northern Ireland Courts Service Organisations The British Ports Association Civil Aviation Authority Confederation of British Industry The Energy Institute Institute of Directors The Law Society Local Government Association Strategic Rail Authority Trades Union Congress Universities UK Welsh Local Government Association Individuals Simon Cramp Master Winegarten 5