Motion

Motion TitleAmend Standing Order 42A

Motion TextLeave out Standing Order 42A and insert : “42A. Legislative Consent Motions (1) A legislative consent motion (‘consent motion’) is a motion which seeks the agreement of the Assembly to the Parliament of the United Kingdom (‘Parliament’) considering provisions of a Bill which deal with a devolution matter. (2) A legislative consent memorandum (‘consent memorandum’) shall be laid in respect of any devolution matter for which a consent motion is proposed. (3) A consent memorandum is a memorandum which includes— (a) a draft of the consent motion; (b) sufficient information to enable debate on the consent motion; (c) a note of those provisions of the Bill which deal with a devolution matter; and (d) an explanation of— (i) why those provisions should be made, and (ii) why they should be made in the Bill rather than by Act of the Assembly. (4) A consent memorandum may include the Bill and any explanatory notes attached to the Bill. (5) The Minister whom the devolution matter referred to in paragraph (1) concerns (‘the Minister’) shall, not later than 10 working days after the relevant day, lay a relevant memorandum before the Assembly. (6) A relevant memorandum is— (a) a consent memorandum; (b) a memorandum explaining why a consent motion is not sought; or (c) an indicative memorandum (see paragraph (15)). (7) The time period set out in paragraph (5) shall not apply where exceptional circumstances prevent the Minister from laying a relevant memorandum within that period. (8) If the Minister fails to lay a relevant memorandum for the reason set out in paragraph (7) the Minister shall as soon as is possible thereafter — (a) lay a relevant memorandum; and (b) at the same time, provide an explanation of the exceptional circumstances which prevented the Minister from laying that memorandum within the time period set out in paragraph (5). (9) Where the Minister has laid an indicative memorandum, the Minister shall as soon as is practicable thereafter— (a) lay a consent memorandum; or (b) lay a memorandum explaining why a consent motion is not sought. (10) A member of the Assembly other than the Minister may lay a consent memorandum but shall not do so unless— (a) the Minister has laid a memorandum explaining why a consent motion is not sought; (b) the Minister has laid an indicative memorandum, and a reasonable period has passed since that memorandum was laid; or (c) the period referred to in paragraph (5) has ended and no relevant memorandum has been laid by the Minister. (11) Upon a consent memorandum being laid before the Assembly, those provisions of the Bill dealing with a devolution matter shall stand referred to the appropriate statutory committee unless the Assembly shall order otherwise. (12) The appropriate statutory committee may, within 15 working days from the date of referral, or such greater period as may be agreed by the Assembly, consider those provisions of the Bill which deal with a devolution matter and report its opinion thereon to the Assembly. (13) A consent motion shall not normally be moved until at least— (a) 5 working days after publication of the appropriate statutory committee’s report; or (b) 5 working days after the end of any period referred to in paragraph (12). (14) A subsequent consent motion may be moved if appropriate, having regard to the nature of any amendment dealing with a devolution matter made, or proposed to be made, to the Bill. Paragraphs (5) to (13) shall not apply to that motion. (15) An indicative memorandum is a memorandum which— (a) indicates why the Minister has not laid a consent memorandum, or a memorandum explaining why a consent motion is not sought; (b) indicates when the Minister is likely to lay either such memorandum; (c) may include the Bill and any explanatory notes attached to the Bill; and (d) must include an explanation of the provisions of the Bill which deal with a devolution matter. (16) In this order— ‘devolution matter’ means— (a) a transferred matter, other than a transferred matter which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with excepted or reserved matters; (b) a change to— (i) the legislative competence of the Assembly, (ii) the executive functions of any Minister, (iii) the functions of any department; ‘relevant day’ means— (a) in respect of a Bill other than a Private Member’s Bill— (i) the day the Bill is introduced in Parliament, or (ii) the day the Bill completes the stage in Parliament during which an amendment is made to the Bill which makes it a Bill to which this order applies; (b) in respect of a Bill which is a Private Member’s Bill, whichever is the later of— (i) the day the Bill completes the first stage at which it may be amended in the House of Parliament in which it was introduced, or (ii) the day the Bill completes the stage in Parliament during which an amendment is made to the Bill which makes it a Bill to which this order applies; (c) in respect of any Bill introduced in Parliament that, by virtue of amendments agreed to, or tabled by a Minister of the Crown or published with the name of a Minister of the Crown in support, in either House, makes (or would make) provisions of a Bill dealing with a devolution matter for the first time or beyond the limits of any consent previously given by the Assembly— (i) the day the amendments are agreed to by a Minister of the Crown, or (ii) the day the amendments are tabled by a Minister of the Crown or published with the name of a Minister of the Crown in support. (17) This order does not apply in respect of Bills introduced to Parliament which are consolidation Bills or statute law revision Bills.”

Motion CategoryCommittee Motion

Date Tabled to Business Office16/09/2026

Date Selected By Committee22/09/2026

Date of Plenary Debate05/10/2026