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1. CHAPTER 1

1.1 GENERAL

Headings

1.1 The heading of the amendment sheet gives the name of Bill. If it is a Lords starter鈥�

鈥� in the Lords, the Bill title is given as Cats and Dogs Bill [HL]

鈥� the Commons, the Bill title is given as Cats and Dogs Bill [Lords]

1.2 The amendment sheet heading also shows the stage at which the amendment is being made (Committee stage, Report stage etc). Both the House and the stage are generated automatically by Lawmaker by reference to the options selected in the dropdown menu when the amendments are created. Make sure that the amendment list is created by reference to the correct version of the Bill in Lawmaker.

Sponsor

1.3 Each amendment has to have a sponsor to move it.

1.4 In the Commons, Government amendments are normally tabled in the name of a single Minister鈥�^{[footnote 1]}

鈥� in Committee, this is the Minister leading for the Government in Committee (not usually the same person as the Minister in charge of the Bill except in Committee of the Whole House);

鈥� on Report this is the Minister in charge of the Bill (i.e. the person who signed the s.19 statement).

1.5 In the Lords, Government amendments are normally tabled in the name of a single Minister as follows鈥�

鈥� in Committee it is the Minister leading for the Government in Committee (who is usually the same person as the Minister in charge of the Bill (i.e. the person who signed the s.19 statement));

鈥� on Report and Third Reading, it is the Minister in charge of the Bill.

1.6 In the case of a Private Member鈥檚 Bill, amendments that are supported by (or even originate from) the Government may be moved either by the member in charge of the bill or the Government Minister.

Punctuation, formatting etc

1.7 In both the Lords and the Commons, amendments鈥�

鈥� use double quotes for quoting text;

鈥� do not end with a full-stop.

1.8 However, there are the following differences between the Houses.

1.9 In the Commons鈥�

鈥� the clause number appears at the start of the amendment both in Committee and at Report (e.g. Clause 5, page 5, line 5, 鈥�);

鈥� the sponsor name appears on the left-hand side above the amendment (in lower case but with initial capitals).

1.10 In the Lords鈥�

鈥� the clause number appears as a heading to the amendment (as well as at the start of the amendment);

鈥� the sponsor name appears underneath the clause number, centred and in upper case. 1.11 The formatting is generated automatically by Lawmaker (and the clause number heading is also generated automatically when the official amendment lists are created; counsel do not need to do anything to add this).

1.12 It is possible to insert amendment numbers in an amendment list, but the PBOs have asked that these are removed before amendments are submitted to them in Lawmaker. Lawmaker will also generate hard references for each amendment (OPC1, OPC2 etc), which do not change.

Note: the general examples in Chapters 2 to 5 applicable to both the Commons and Lords use Commons formatting. However, except where indicated otherwise, the amendment text may be used in the Lords.

What can or must be done as printing?

Amendments to headings

1.13 In both the Commons and the Lords, the following are not amendable鈥�

鈥� clause headings

鈥� Schedule headings

鈥� Chapter headings

鈥� Part headings

鈥� italic cross-headings above a group of clauses.

1.14 Changes to these (including adding or removing them) must always be done as printing.

1.15 Where a heading is changed by way of printing, parenthetical descriptions elsewhere reproducing that heading may also be changed by way of printing.

1.16 However, italic cross-headings in Schedules are amendable in the Commons (at all stages), but may also be changed (or added or removed) as printing. In the Lords they may only be changed (or added or removed) as printing.

1.17 Headings in inserted text are amendable (in both Houses). But they may also be changed as printing.

Insertion of new headings with amendments

1.18 In the Lords, it is possible to insert a new cross-heading, Chapter heading or Part heading above a new clause and then to refer in the amendments to the new Chapter or Part.

1.19 This is not allowed in the Commons: creation of a new Chapter or Part tends to be done as printing, although if there is a substantive policy decision connected with this, it should be done by motion. Where a new Part or Chapter is created by way of printing, references to a run of clauses constituting the new Part or Chapter can also be changed to references to the new Part as printing.

1.20 The Commons will however allow an amendment adding text to a Schedule to include a new Part heading or cross-heading. Explanatory statements on amendments

1.21 Government amendments in both the Commons and the Lords should be accompanied by an explanatory statement: for further information see Chapter 22 of the Cabinet Office Guide to Making Legislation (2022 version).

1.22 It may be helpful to note the following points鈥�

鈥� the statement should be no more than around 50 words;

鈥� we do not capitalise the words 鈥渁mendment鈥� or 鈥渃lause鈥� in explanatory statements;

鈥� in the Commons, explanatory statements can cross-refer to other amendments by using the hard reference for the amendment number, as generated by Lawmaker;

鈥� in the Lords, amendments are only numbered at the point when the marshalled list is produced, so cross-references in explanatory statements in the Lords should be drafted by reference to the clause, page and line number of the amendment in question (and can be drafted in the form 鈥渕y amendment to clause x鈥︹��);

鈥� an explanatory statement should still be produced for an amendment to leave out a clause at Committee stage, even though such an amendment is non-selectable (an example text may be 鈥淭his amendment removes clause 9, which was inserted at Report stage in the Lords.鈥�);

鈥� for amendments at Third Reading in the Lords, the explanatory statement should, where possible, indicate why the amendment is considered suitable for that stage;^{[footnote 2]}

鈥� the standard form for the explanatory statement for the amendment removing the privilege amendment is 鈥淭his amendment removes the privilege amendment inserted by the Lords.鈥�

Global amendments

1.23 Sometimes a single change in policy (e.g. about the name of a new body) will require a large number of identical or near identical amendments to a Bill. The PBOs in both Houses are firmly of the view that changes of this kind cannot be effected by a single global amendment.

2. CHAPTER 2

2.1 AMENDMENTS TO INSERT TEXT

Inserting words that do not amount to a unit of text

2.1 Amendments inserting words at the beginning of a line take the following form鈥�

Clause 5, page 5, line 5, at beginning insert 鈥淪ubject to subsection (4),鈥�

Schedule 1, page 8, line 8, at beginning insert 鈥淪ubject to paragraph 4,鈥�

Schedule, page 8, line 8, at beginning insert 鈥淪ubject to paragraph 4,鈥�

2.2 Here are examples of amendments inserting words in the middle of a line鈥�

Clause 5, page 5, line 5, after 鈥渃ats鈥� insert 鈥渁nd dogs鈥�

Clause 5, page 5, line 5, after second 鈥渃ats鈥� insert 鈥渁nd dogs鈥�

NOTE: if there are two identical words in the same line, but one is upper-case and one is lower-case, these are treated as the same word for the purposes of drafting amendments. So an amendment to insert 鈥渞easonably鈥� before 鈥減racticable鈥� in a subsection beginning 鈥淎s soon as reasonably practicable鈥� would be drafted as 鈥渁fter second 鈥渁s鈥� insert 鈥渞easonably鈥濃��.

2.3 An amendment inserting words at the end of a line looks like this鈥� Clause 5, page 5, line 5, at end insert 鈥渙r (3)(b)鈥�^{[footnote 3]}

NOTE: 鈥渁t end insert鈥� is used even when the amendment is to go in before the final punctuation mark; any errors that creep in from this can be corrected as printing.

Inserting a unit of text (subsection, paragraph etc) into a clause

2.4 An amendment inserting a new subsection looks like this鈥�

Clause 5, page 5, line 5, at end insert鈥�

鈥�(5A) The application must be heard by the court.鈥�

2.5 To insert a new paragraph into middle of a list鈥�

Clause 5, page 5, line 5, at end insert鈥�

鈥�(ca) an order made under subsection (4);鈥�

2.6 If an amendment is wanted to insert a new paragraph as the penultimate item in a list with a conjunction, this is done by inserting the new paragraph (including the conjunction) at the end of the relevant line and removing the existing conjunction as printing.

2.7 Take for example, a subsection that provides鈥�

The Secretary of State may take into consideration鈥�

(a) an order made under subsection (1),

(b) regulations made under subsection (3), and

(c) an order made under subsection (6).

2.8 An amendment inserting a new paragraph between (b) and (c) would look like this鈥�

Clause 5, page 5, line 5, at end insert鈥�

鈥�(ba) an order made under subsection (4), and鈥�

2.9 The 鈥渁nd鈥� at the end of paragraph (b) would be removed as printing.

2.10 To insert a new paragraph as final item in a list with a conjunction, the amendment would look like this鈥�

Clause 5, page 5, line 6, at end insert 鈥�, and

(d) an order made under subsection (7).鈥�

2.11 Again, the 鈥渁nd鈥� at the end of paragraph (b) would be removed as printing.

NOTE: New units of text are numbered, so as to make it easier to locate the point of insertion. For insertions into the middle of a list, add a letter after the existing number (e.g. for a subsection between (2) and (3) use 鈥�(2A)鈥� and for two paragraphs between (a) and (b) use 鈥�(aa)鈥� and 鈥�(ab)鈥�); if at the end of a list the numbering just carries on (e.g. for a subsection after (4) use 鈥�(5)鈥�); if inserting at the beginning of a list use 鈥�(A..)鈥� (i.e. subsections to be inserted before subsection (1) would be 鈥�(A1), (A2), (A3)鈥� etc). The numbering is then sorted out to become sequential when the bill is reprinted after the amendments are made.

Inserting a unit of text (paragraph, sub-paragraph etc) into a Schedule

2.12 An amendment inserting a new undivided paragraph takes the following form鈥�

Schedule 1, page 8, line 8, at end insert鈥�

鈥�8础 In section 38 of that Act, omit subsection (1).鈥�

2.13 An amendment inserting a new paragraph divided into sub-paragraphs looks like this鈥�

Schedule 1, page 8, line 8, at end insert鈥�

鈥�8础

(1) Section 38 is amended as follows.

(2) In subsection (1), after 鈥渃ats鈥� insert 鈥渙r dogs鈥�.

(3) In subsection (4), after 鈥渓izards鈥� insert 鈥渙r snakes鈥�.鈥�

2.14 To insert a new sub-paragraph鈥�

Schedule 1, page 8, line 8, at end insert鈥�

鈥�(2A) In subsection (1), after 鈥渃ats鈥� insert 鈥渙r dogs鈥�.鈥�

2.15 Amendments to a Bill with a single Schedule take the following form:

Schedule, page 8, line 8, at end insert 鈥�

NOTE: as mentioned above, the unit of text to be inserted will be numbered (e.g. (2A) for a subparagraph going between (2) and (3)) to make it clear where the insertion goes.

Cross-referring to inserted units of text

2.16 If the inserted unit of text is within a run of subsections or paragraphs, any crossreference to that run of paragraphs would be assumed to include the new unit. So, for example, if a new subsection (2A) were inserted, a cross-reference elsewhere in the Bill to subsections (1) to (3) would be taken to include new subsection (2A).

2.17 If the inserted unit of text is at the beginning or end of a run of subsections or paragraphs, then amendments to cross-references will be required to make it clear that the inserted unit is to be included.

Inserting paragraph numbering

2.18 If the only change being made is to insert paragraph numbers, with no alteration of the text, then this can be done as printing. So, for example, an amendment would not be needed to change this:

鈥淭he Secretary of State must own a cat and care for a dog.鈥�

to this:

鈥淭he Secretary of State must鈥�

(a) own a cat, and

(b) care for a dog.鈥�

2.19 Sometimes we wish to insert paragraphing into an existing subsection at the same time as inserting new text. For example we may wish to change this:

鈥淭he Secretary of State must own a cat.鈥�

to this:

鈥淭he Secretary of State must鈥�

(a) own a cat, and

(b) care for a dog.鈥�

2.20 The amendment for this is done as follows鈥�

Clause 5, page 5, line 5, at end insert 鈥�, and

(b) care for a dog.鈥�

2.21 The paragraph number for (a) is inserted as printing. However, if it is not entirely clear where the new paragraph number would go, an amendment can be tabled to indicate this (although, in the Commons at least, such an amendment would be unlikely to be selected).

2.22 If changing or adding text immediately before the new paragraph number, the new paragraph number should be included in the amendment. For example, we may wish to change鈥�

鈥淭he Secretary of State must own a cat.鈥�

to

鈥淭he Secretary of State must, in the course of exercising functions under Part 1鈥�

(a) own a cat, and

(b) care for a dog.鈥�

2.23 This would be done as follows鈥� Clause 5, page 5, line 5, after 鈥渕ust鈥� insert 鈥�, in the course of exercising functions under Part 1鈥� (a) 鈥� Clause 5, page 5, line 5, at end insert 鈥�, and (b) care for a dog.鈥�

2.24 Depending on the amount of text to be reproduced, it is sometimes clearer to deal with this type of thing by way of a single amendment, as follows鈥�

Clause 5, page 5, line 5, leave out 鈥渙wn a cat鈥� and insert 鈥�, in the course of exercising functions under Part 1鈥�

(a) own a cat, and

(b) care for a dog.鈥�

2.25 Which approach to take in this situation will tend to involve a judgement call as to which is clearer and how much text needs to be reproduced. The PBOs are happy to be consulted on this where necessary.

Inserting new clauses and new Schedules

Commons

2.26 In the Commons the amendment does not specify where the new clause or Schedule goes: this is dealt with as printing. New clauses are put at the end of the amendment list in Committee and at the start for Report (subject of course to any programme or order of consideration motion making different provision).

2.27 However, it can be useful for the explanatory statement to be used to indicate where a new clause is to go, particularly if the intention is for it to be encompassed in a reference to a run of clauses or a Part elsewhere in the Bill (such as in a commencement or extent clause).

2.28 Note that a run of new clauses cannot be inserted by a single amendment: a separate amendment is needed for each new clause (see also paragraph 2.48 below about inserting whole new Chapters and Parts).

2.29 An amendment inserting a new clause looks like this:

Name of sponsor

To move the following Clause鈥�

鈥淎djournment of criminal behaviour order hearing

(1) This section applies where a court adjourns the hearing of an application for a criminal behaviour order.

(2) The court may make a criminal behaviour order that lasts until the final hearing of the application.鈥�

Lords

2.30 In the Lords the amendment paper indicates where the new clause or Schedule goes and such amendments are put at the appropriate place on the amendment list. As in the Commons, it is not possible to insert more than one new clause by a single amendment.

2.31 The amendment looks like this:

After Clause 5

After Clause 5, insert the following new Clause鈥�

鈥淎djournment of criminal behaviour order hearing

(1) This section applies where a court adjourns the hearing of an application for a criminal behaviour order.

(2) The court may make a criminal behaviour order that lasts until the final hearing of the application.鈥�

2.32 Instead of expressing a new clause or Schedule to go after an existing one, it will sometimes make sense for it to be expressed to go before an existing one.

2.33 The 鈥淏efore Clause/Schedule X鈥� formulation would, for example, be used, where a clause should be inserted immediately after an existing heading.

2.34 The 鈥淏efore Clause/Schedule X鈥� formulation can also be helpful for reasons relating to the marshalling of amendments.

2.35 Take the example of a Bill with Part 1 consisting of clauses 1 to 10 and Schedule 1 (introduced by clause 5), and with Part 2 consisting of clauses 11 to 20 and Schedule 2 (introduced by clause 15). Amendments are to be made to the Bill to include in Part 2 a new clause 12A introducing a new Schedule 1A. If the new Schedule were expressed to go 鈥渁fter Schedule 1鈥�, then it would appear on the marshalled list immediately after amendments to Schedule 1, and before any amendments to clauses 6 to 10. So it would fall to be debated along with amendments to Part 1 (and also before the new clause 12A introducing it). If, on the other hand, it were expressed to go 鈥渂efore Schedule 2鈥�, then it would appear on the marshalled list after any amendments to clauses 12 to 15, and so would fall to be debated along with the other Part 2 amendments. (And to ensure that the new Schedule 1A was debated alongside the new clause 12A introducing it, they would be grouped together for debate.)

2.36 For a Lords amendment inserting a Schedule into a Bill which doesn鈥檛 already have a Schedule, this is drafted so as to insert the new Schedule after the final clause of the Bill. (This is not an issue as regards Commons amendments, as they do not indicate where a new Schedule is to go.)

NOTE: A new Schedule may be given a shoulder reference when drafting the amendment, but this can also be done as printing.

Cross-referring to new provisions which are being inserted by amendment

Cross-referring to a single new clause or Schedule

2.37 Cross-references to a new clause or Schedule in other amendments use the form 鈥渟ection (Title of new clause)鈥� or 鈥淪chedule (Title of new Schedule)鈥�.

2.38 Note that鈥�

鈥� round brackets are used;

鈥� the words comprising the title of the new clause are italicised, but the brackets are not;

鈥� the first letter of the clause title is capitalised.

2.39 If there is a cross-reference elsewhere in the Bill to a run of clauses that will, following the amendment, include the new clause (e.g. a reference in the commencement clause to clauses 2 to 5 in a case where a new clause 4A has been inserted), this can be assumed to include the new clause and no amendment is necessary (although in the Commons, the explanatory statement should make it clear where the new clause should go). But of course an amendment will be needed if the intention is for the new clause 4A not to be caught by the existing reference to clauses 2 to 5.

2.40 If the new clause is inserted at the beginning or end of the sequence referred to (e.g. where the reference is to clauses 2 to 5 and the new clause is going in as new clause 1A or 5A), then an amendment will be needed if the intention is for the new clause to be included in the cross-reference.

Cross-referring to a run of new clauses or Schedules

2.41 Where amendments insert a run of several new clauses it is sometimes necessary to refer to all of them together in another amendment.

2.42 In the Lords, this can be done by referring to the names of the first and the last of the new clauses as follows:

Clause 5, page 5, line 5, after 鈥�3,鈥� insert 鈥�(Title of NC1) to (Title of NC5),鈥�

2.43 However, in the Commons, this approach is not possible because the placing or order of new clauses is not indicated on the amendment sheet. Instead, all of the clauses within the cross-reference must be referred to by name. So the amendment would look like this:

Clause 5, page 5, line 5, after 鈥�3,鈥� insert 鈥�(Title of NC1), (Title of NC2), (Title of NC3), (Title of NC4) and (Title of NC5),鈥�

2.44 This would be changed as printing to the clause numbers of the first and last clauses, with 鈥渢o鈥� in between (i.e. 鈥�8 to 12鈥�).

Cross-referring to other provisions

2.45 Where amendments drafted in Lawmaker refer to provisions at a lower level than a clause or Schedule (e.g. subsection or paragraph) that are also being inserted by amendment, the automatic cross-referencing function in Lawmaker should be used.

Cross-referring to existing provisions in the bill

2.46 For amendments being sent to the PBOs using Lawmaker software, the automatic crossreferencing function should be used to refer to existing provisions of the bill. The most recent House bill should be used for this: although that version will be read-only, it can still be opened and cross-reference numbers can be picked up from it.

2.47 The PBOs find it helpful for the covering email to state whether the amendments contain automatic cross-references.

Inserting new Parts or Chapters

2.48 In the Commons, a number of new clauses amounting to a new Part are inserted simply as new clauses and the Part heading is inserted by way of printing (unless this involves a substantive policy decision, in which case a motion may be appropriate: see paragraph 1.19). The same approach is also taken to the insertion of a new Chapter.

2.49 Cross-references to the new clauses have traditionally been done by way of referring to the run of new clauses as explained above (e.g. 鈥渟ections (Title of NC1), (Title of NC2), (Title of NC3), (Title of NC4) and (Title of NC5),鈥�) and these references are changed to references to the new Part as printing.

2.50 However, the Commons PBO has agreed that, now that explanatory statements to amendments are used, a cross-reference can refer to the new Part and the explanatory statement can be used to explain what is meant by the reference to the Part (so it could say, for example, 鈥渢he reference to 鈥淸this Part/Part 3A]鈥� is a reference to a new Part expected to be formed by amendments NC1 to NC5鈥�.

2.51 In the Lords, new Parts or Chapters are also inserted as a series of individual clauses although, unlike the practice in the Commons, it is permissible for the first new clause in the series to include structure, such as the Part or Chapter heading and number. But the first amendment still takes the form 鈥淚nsert the following new Clause鈥� (and not 鈥淚nsert the following new Part/Chapter鈥�).

2.52 In the Lords, since the amendment paper can indicate that a run of new clauses make up a new Part, cross-references can be made to that new Part. A new Part inserted after Part 1 would be numbered Part 1A in the amendments, and this would be changed as printing.

3. CHAPTER 3

3.1 AMENDMENTS TO LEAVE OUT TEXT

Leaving out words

3.1 If leaving out 8 or fewer words, the amendment quotes the words (and any punctuation) to be left out. For example鈥�

Clause 5, page 5, line 5, leave out 鈥渙r dogs鈥�

Clause 5, page 5, line 5, leave out second 鈥�, dogs鈥�

3.2 If leaving out more than 8 words, the amendment quotes the words either side of the words being left out (i.e. unlike amendments to Acts, the quoted words remain in the Bill).

3.3 For example, a provision to be amended may say鈥�

鈥淭he Secretary of State must take into account the welfare and wellbeing of all family pets and domesticated farm animals as well as that of reptiles kept in zoos.鈥�

3.4 An amendment removing the italicised words would, depending on the positioning of the words on the page, be done as follows鈥�

Clause 5, page 5, line 5, leave out from 鈥渨elfare鈥� to second 鈥渙f鈥�

Clause 5, page 5, line 5, leave out from 鈥渨elfare鈥� to [second] 鈥渙f鈥� in line 6

Clause 5, page 5, line 45, leave out from 鈥渨elfare鈥� to [second] 鈥渙f鈥� in line 1 on page 6

Clause 5, page 5, line 5, leave out from beginning to [second] 鈥渙f鈥� in line 6

Clause 5, page 5, line 5, leave out from 鈥渨elfare鈥� to end of line

3.5 See also the note to paragraph 2.2 (a word which appears twice, one in upper and once in lower case is treated as the same word for the purposes of drafting amendments.)

Leaving out units of text (e.g. subsections, paragraphs, sub-paragraphs)

3.6 When leaving out a unit of text, such as a subsection, a paragraph or a sub-paragraph, it is described as such (rather than using the approach of leaving out lines, as described below). But note that this only applies to units of text of the Bill itself, not of inserted provisions. And it doesn鈥檛 apply to definitions.

3.7 Here are some examples鈥�

Clause 5, page 5, line 5, leave out subsection (1)

Clause 5, page 5, line 5, leave out subsections (1) and (2)

Clause 5, page 5, line 5, leave out subsections (1) to (4)

Clause 5, page 5, line 5, leave out paragraph (a)

Clause 5, page 5, line 5, leave out sub-paragraph (ii)

Schedule 1, page 8, line 8, leave out paragraph 1

Schedule 1, page 8, line 8, leave out sub-paragraph (2)

Schedule, page 8, line 8, leave out paragraph (a)

3.8 When removing a paragraph from a list with a conjunction, the amendment can be expressed simply as removing that paragraph, and, if necessary, the conjunction will be moved as a matter of printing.

3.9 Taking the example given at paragraph 2.7, a subsection provides鈥�

The Secretary of State may take into consideration鈥�

(a) an order made under subsection (1),

(b) regulations made under subsection (3), and

(c) an order made under subsection (6).

3.10 An amendment removing either paragraph (b) or (c) would be expressed simply as 鈥渓eave out paragraph [(b)/(c)]鈥� and the 鈥渁nd鈥� at the end of paragraph (b) would be moved to after paragraph (a) as a matter of printing.

3.11 If an amendment is wanted to remove a paragraph from a list consisting only of two paragraphs, the same approach can be taken: the amendment is expressed as a removal of that paragraph, and both the conjunction and the paragraph numbering would be removed as printing.

3.12 When leaving out a paragraph of a Schedule with a cross-heading above it, this can either be done by an amendment leaving out the paragraph and taking the cross-heading out as printing, or it can be done by an amendment leaving out a whole number of lines (see below).

3.13 When asked for preferences, both the Commons and the Lords PBOs preferred the first of these approaches (although both acknowledged that either approach was acceptable).

Leaving out whole number of lines

3.14 Amendments are drafted in this form if the lines to be left out are not a whole unit of text. This form is often used in the case of provisions inserting new text into other Acts (e.g. an amendment removing a subsection from an inserted section). It is also used when removing definitions.

3.15 Here are some examples鈥�

Clause 5, page 5, leave out line 5

Clause 5, page 5, leave out lines 5 and 6

Clause 5, page 5, leave out lines 5 to 8

Clause 5, page 5, line 5, leave out from beginning to end of line 2 on page 6

Leaving out clauses and Schedules: Committee

3.16 At Committee stage (in both the Commons and the Lords), there is a clause (or Schedule) stand part debate, so amendments to leave out clauses or Schedules are out of order.

3.17 However, the amendment sheet can indicate an intention to oppose the Question on clause stand part, and if the Government knows that they will be opposing the question, it is helpful to provide such an indication in advance.

3.18 In the Commons, an amendment indicating an intention to oppose the Question on clause (or Schedule) stand part would take the following form鈥�

Page 5, line 5, leave out Clause 5

Page 8, line 8, leave out Schedule 1

Page 8, line 8, leave out the Schedule

3.19 And although such an amendment is out of order (and therefore not selectable), as a matter of practice such amendments are often tabled. An explanatory statement should also be provided (see paragraph 1.22).

3.20 In the Lords, a notice of opposition to the motion that the clause stand part of the Bill is tabled instead of an amendment. The notice looks like this鈥�

Clause 5

LORD SPONSOR

Lord Sponsor gives notice of his intention to oppose the Question that Clause 5 stand part of the Bill.

3.21 Or, in the case of more than one sponsor (including female peers)鈥�

The above-named Lords give notice of their intention鈥�

3.22 Or, to leave out a Schedule鈥�

Schedule 3

BARONESS SPONSOR

Baroness Sponsor gives notice of her intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.

Leaving out clauses and Schedules: Report (and Lords Third Reading)

3.23 At Report (and on Third Reading) there is not a separate clause stand part debate, so amendments to leave out clauses or Schedules are in order.

3.24 In the Commons, such amendments take the following form鈥�

Page 5, line 5, leave out Clause 5

Page 8, line 8, leave out Schedule 1

Page 8, line 8, leave out the Schedule

3.25 In the Lords, the amendment does not identify the page and line number, and looks like this鈥�

Clause 5

LORD SPONSOR

Leave out Clause 5

Leaving out multiple clauses, Chapters or Parts

3.26 The Commons PBO tend to prefer each clause or Schedule to be dealt with separately, both in Committee (where such amendments are not selectable in any event) and on Report. This is to provide clarity in the marshalled list of amendments so that Members can immediately see from looking at the marshalled list that a clause is likely to be opposed.

3.27 However, where a very large number of provisions is to be left out, the Commons PBO has agreed that it may be clearer to take them together. So in the Finance Bill 2017, where around 80 clauses were to be omitted in the pre-election wash-up, the PBO agreed to include a note at the beginning of the marshalled list, saying that the Chancellor of the Exchequer had given notice of his intention to oppose the question that certain clauses and Schedules stand part of the Bill, and then listing them in one go (the precise wording being the PBO鈥檚). The note also indicated that the effect of opposing the question was that the provisions would be left out. In a case like this, it is worth seeking the views of the Commons PBO on whether this might be a preferable approach.

3.28 In the Lords, separate amendments (or at Committee, notices) are required to leave out more than one clause or Schedule. If, however, circumstances are such that it might be clearer to provide for the omission of a large number of clauses together, it would be worth approaching the Lords PBO for their view on what can be done.

4. CHAPTER 4

4.1 AMENDMENTS TO SUBSTITUTE TEXT

Substituting text other than whole clauses

4.1 Amendments to substitute text are expressed as amendments to leave out and insert. (not to 鈥渟ubstitute鈥�). The conventions outlined in Chapters 2 and 3 apply.

4.2 Here are some examples鈥�

Clause 5, page 5, line 5, leave out 鈥渕ay鈥� and insert 鈥渕ust鈥�

Clause 5, page 5, line 5, leave out second 鈥渢he鈥� and insert 鈥渁 relevant鈥�

Clause 5, page 5, line 5, leave out from 鈥渨elfare鈥� to 鈥渒ept鈥� and insert 鈥渙f all animals鈥�^{[footnote 4]}

Clause 5, page 5, line 5, leave out subsection (5) and insert鈥�

鈥�(5) The Secretary of State must own a cat.鈥�

Clause 5, page 5, line 5, leave out subsection (5) and insert鈥�

鈥�(5) The Secretary of State must own a cat.

(5A) The cat must be a black cat.鈥�

Clause 5, page 5, leave out lines 5 to 7 and insert鈥�

鈥溾�渁uthorised officer鈥� has the meaning given by regulations;鈥�

Clause 5, page 5, line 5, leave out 鈥渢he local authority or housing body鈥� and insert 鈥溾��

(i) the local authority,

(ii) the housing body, or

(iii) the chief officer of police,鈥�

Clause 5, page 5, line 5, leave out 鈥淭hat ground is鈥� and insert 鈥淭hose grounds are鈥�

(a) 鈥�

NOTE: When substituting a subsection, the new subsection is given the same number as the subsection being substituted. And when substituting more than one subsection for a subsection, the new subsections are numbered, for example (5), (5A), (5B) etc.

Substituting clauses or Schedules

4.3 In the Commons, it is not possible to do a direct substitution of a clause: this can only be done as an amendment to leave out a clause (at Report) or by opposing the question that the clause stand part (in Committee) and an amendment to insert a new clause (see Chapters 2 and 3).

4.4 However, the Commons PBO have suggested that, where a new clause is intended to be a substitute, it would be helpful for this to be stated in the explanatory statement to the amendment, as this would flag to the Chair that the two amendments should be grouped together at Report (in Committee, the amendment to remove the clause would not be selected).

4.5 In the Lords, amendments substituting clauses or Schedules are possible.

4.6 An amendment substituting a clause would look like this:

Clause 5

LORD SPONSOR

Leave out Clause 5 and insert the following new Clause鈥� 鈥淔eline requirements of Secretary of State

(1) The Secretary of State must own a cat.

(2) The cat must have鈥�

(a) four legs, and

(b) whiskers.鈥�

4.7 However, the Lords PBO have confirmed that it is not possible to make a single amendment to substitute two new consecutive clauses for a single existing clause. This would have to be done as two amendments: the first would be in the form above (i.e. 鈥淟eave out Clause 5 and insert the following new Clause鈥︹��); and the second would insert the second new clause after Clause [5] (as described in Chapter 2).

4.8 An amendment substituting a Schedule would look like this:

Schedule 3

LORD SPONSOR

Leave out Schedule 3 and insert the following new Schedule鈥�

鈥淪CHEDULE 3

CATS OWNED BY THE SECRETARY OF STATE

1 Tabby cat

2 Siamese cat

3 Manx cat.鈥�

5. CHAPTER 5

5.1 AMENDING TEXT IN TABLES

Inserting a new line into a table

5.1 The amendment will look like this鈥� Schedule 18, page 240, line 31, at end insert鈥�

鈥淐ats Act 1993 (c.12)

Section 14.鈥�

NOTE: it is possible to adjust the borders using 鈥渂order options鈥� in the Lawmaker table dialog box.

Amending text of one column in a table

5.2 The column number should be included before the text of the amendment.

5.3 Here are some examples鈥�

Schedule 5, page 55, line 5, column 3, leave out 鈥渙r (3)鈥�

Schedule 4, page 60, line 7, column 1, leave out from beginning to 鈥渋s鈥� in line 13 and insert鈥�

鈥�(a) The usual address of each party to the proposed marriage (b) If the usual address of a party鈥�

听

Schedule 18, page 243, line 26, in column 2, at end insert鈥�

听	鈥淪ection 14.鈥�

Schedule 18, page 243, line 26, in column 2, at beginning insert鈥�

听	鈥淪ection 14.鈥�

NOTE: the form 鈥渁t beginning insert鈥� can be useful if the new text has to line up with existing text in column 1, and this would not be clear by using 鈥渁t end insert鈥�.

6. CHAPTER 6

6.1 AMENDING THE LONG AND SHORT TITLES

Amending the long title

6.1 Amendments to the long title always go at the end of an amendment list.

6.2 In the Commons, an amendment to the long title looks like this鈥�

Title, line 2, after 鈥渄ogs;鈥� insert 鈥渢o make provision about cats;鈥�

6.3 In the Lords, an amendment to the long title looks like this鈥�

In the Title

LORD SPONSOR

Title, line 3, leave out 鈥減rovide for鈥� and insert 鈥渕ake provision about鈥�

NOTE: As with clauses, the heading is generated automatically by Lawmaker when the official lists are produced.

Amending the short title

6.4 The short title can be amended simply by amending the citation clause.

6.5 For example, the short title of the Holocaust (Stolen Art) Restitution Bill was changed to the Holocaust (Return of Cultural Objects) Bill.^{[footnote 5]} Subsection (1) of clause 3 (short title and commencement) provided鈥�

鈥�(1) This Act may be cited as the Holocaust (Stolen Art) Restitution Act 2009.鈥�

6.6 The amendment was worded as follows鈥�

Clause 3, page 2, line 11, leave out 鈥�(Stolen Art) Restitution鈥� and insert 鈥�(Return of Cultural Objects)鈥�

6.7 If the short title is amended in Committee, this fact has to be separately reported to the House. The PBOs can provide further advice on the procedure.

7. CHAPTER 7

7.1 MOVING TEXT

7.1 Clauses and Schedules can be moved to a different place in the Bill.

7.2 In the Commons, subsections and paragraphs of Schedules can also be moved.

7.3 In the Lords this is possible but seems never to have been done, and the Lords PBO has suggested that the same result could be achieved by two amendments.

7.4 Strictly speaking, text is moved not by an amendment but by a motion.

7.5 In the Commons, motions to move text are placed in the marshalled list with the clause (or other provision) which is to be moved. They look like this鈥�

Secretary Sponsor

Page 1, line 1, that clause 1 be transferred to the end of line 32 on page 20.

Page 20, line 4, that clauses 14 to 17 be transferred to the end of line 32 on page 20.

Page 20, line 6, that subsection (2) of clause 14 be transferred to the end of line 32 on page 20.

Page 35, line 1, that Schedule 8 be transferred to the end of line 32 on page 65.

Page 40, line 17, that paragraph 44 of Schedule 8 be transferred to the end of line 10 on page 100.

7.6 When asked whether it would be possible to have a single motion to move a whole Part, including its Schedules, the Commons PBO replied that they could not find any examples of this, and suggested this be dealt with by two motions, one to move the clauses and the other to move the Schedule(s) (and the two motions would be grouped together for debate).

7.7 In the Lords, motions to move text are put in the amendment sheet with the clause to which they relate. Such motions look like this鈥�

Clause 5

LORD SPONSOR

Transpose Clause 5 to after Clause 62

7.8 Note that in the Lords, each clause has to be dealt with individually, so moving two or more clauses would look like this鈥�

Clause 5

LORD SPONSOR

Transpose Clause 5 to after Clause 62

Clause 6

LORD SPONSOR

Transpose Clause 6 to after Clause 62

Clause 7

LORD SPONSOR

Transpose Clause 7 to after Clause 62

8. CHAPTER 8

8.1 SPLITTING TEXT

8.1 A clause or Schedule can be divided.

8.2 In the Commons, this would be done as a motion (which would go in the marshalled list with the provision to which it relates). The motion looks like this鈥�

Secretary Sponsor Page, 5, line 5, that Clause 5 be divided into two clauses, the first (Title of first clause) consisting of subsections (1) to (5) and the second (Title of second clause) consisting of subsections (6) to (10).

8.3 In the Lords, the amendment is also put on the amendment sheet with the clause or Schedule to which it relates. It looks like this鈥�

Clause 5

LORD SPONSOR

Divide clause 5 into two clauses, the first (Title of first clause) to consist of subsections (1) to (5) and the second (Title of second clause) to consist of subsections (6) to (10)

8.4 It is possible to split a clause by taking out a middle chunk. The text of such an amendment in the Lords would look like this鈥�

Divide clause 2 into two clauses, the first (Functions) consisting of subsections (1) to (3) and (9) to (13A) and the second (Cold-calling) consisting of subsections (4) to (8)

8.5 The PBOs have confirmed that it would be technically possible to divide a paragraph of a Schedule in the same way, but this is very rare, as it would usually be done as printing.

8.6 New sections in inserted text can be split as an ordinary amendment inserting a new section heading; a motion would not be needed. Such an amendment would look like this鈥�

Page 15, line 47, at end insert鈥�

鈥�83E Regulations鈥�

8.7 The subsection numbering of the new section would be changed as printing.