This is a general summary of how Government Bills are introduced and progress through the Parliament.
A Government Bill is introduced by a Scottish Government minister.
The Scottish Government presents the bill to the Scottish Parliament. The Scottish Government also provides additional information in:
If a Government Bill includes any “delegated powers”, a Delegated Powers Memorandum is needed to explain why. Delegated powers include powers given to Scottish Ministers to make new law, or change existing law, without this needing another bill.
At Stage 1, the bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the bill. Other committees can also look at the bill. These committees report to the lead committee.
The lead committee is responsible for examining the bill. It hears from experts, organisations, and members of the public about what the bill would do. It then writes a report about what it has heard and gives its own view of the bill. This Stage 1 report usually makes a recommendation about whether the Parliament should support the main purpose of the bill (the "general principles"). All of this may take a few months.
The Parliament then debates the bill and decides whether it should go on to Stage 2, or be rejected.
MSPs can propose changes to a bill at Stage 2. These are called “amendments”. Any MSP can suggest amendments. The amendments are debated and decided on at a meeting of a committee (usually the same committee that was the lead committee at Stage 1). Only the committee members can vote on amendments at this stage.
If any amendments are agreed to at Stage 2, a new (amended) version of the bill is published. This is the version considered at Stage 3.
MSPs can propose further amendments to the bill at Stage 3. These are debated and decided on in the Debating Chamber, and at this stage all MSPs can vote on them. There is a debate and vote on whether to pass the bill. If the bill is not passed, it “falls” and doesn’t become law.
Following a challenge by Law Officers or the Secretary of State, the Parliament may decide to reconsider a Bill. The main purpose of a Reconsideration Stage is to allow the Bill to be amended to remove the basis on which it was blocked.
The Law Officers are the Attorney General, the Advocate General for Scotland and the Lord Advocate.
Law Officers can ask the Supreme Court (the highest court in the UK) to decide:
The Bill cannot be submitted for Royal Assent until the Supreme Court has made its decision.
The Secretary of State is the UK Government Cabinet Minister representing Scotland.
Sometimes a Bill cannot be submitted for Royal Assent because of an order issued by the Secretary of State. An order might be issued because the Secretary of State believes the Bill would:
At Reconsideration Stage, the bill is considered by all MSPs in the Debating Chamber.
MSPs can submit amendments to the Bill. Only amendments aimed at fixing the problem are allowed. Amendments cannot be submitted if the bill is being reconsidered because it needs to be passed by a super-majority.
MSPs discuss the Bill with these amendments and vote on each amendment. They then vote on if the bill should be approved.
The Law Officers can challenge a Bill again. The Secretary of State can issue a further order about the Bill.
There is no limit to the number of times that the Scottish Parliament may approve a Bill and that Bill is then challenged.
If the bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the bill gets formal agreement by the King and becomes an act of the Scottish Parliament.
Some acts become law straight after Royal Assent. Some only become law on a later date. Sometimes different parts of the same act become law on different dates.