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About Bills and laws

A Bill is a proposed Act of the Scottish Parliament. It might be a new idea, or change or remove part of an existing law. A Bill that is introduced in the Scottish Parliament is scrutinised and debated by MSPs. Each Bill must go through several stages before it can be passed and become an Act.

The public and any groups can give their views about a Bill. The Bill will also be debated, voted on, and may be amended or changed. The Parliament then decides if it should be passed. It can then become an Act of the Scottish Parliament.

Types of Bill

Parliament can consider different types of Bill:

  • Public Bills can change the public and general law. This is law that affects people right across Scotland.
  • Private Bills are suggested by a person, group or company from outside the Scottish Parliament.
  • Hybrid Bills are Government Bills that affect private interests in a certain way.

Find out more about different types of Bill. 

Government Bills

These are Bills that have been introduced by the Scottish Government. They used to be called "Executive Bills".

Most of the Bills that the Scottish Parliament looks at are Government Bills. 

Find out more about Government Bills

Members' Bills

These are Bills introduced by MSPs (Members of the Scottish Parliament) who are not Scottish Government Ministers.  MSPs can personally introduce 2 Bills in the period between elections. This period is called a “parliamentary session”. A parliamentary session usually lasts 5 years.

Before a Member’s Bill can be introduced, the MSP must first submit, or “lodge” a proposal. A proposal is a short outline of what the Bill would do. The MSP must consult with the public on the proposal, and then get support from other MSPs in different political parties.

MSPs often get help from a team of Scottish Parliament staff, the Non-Government Bills Unit, to turn their proposal into a Member’s Bill. 

Find out more about Members' Bills

Committee Bills

These are Bills suggested by a group of MSPs in a committee. The Convener of the committee will introduce the Bill. 

You can find out more about committees on our committee pages.

Committee members might ask the Non-Government Bills Unit for guidance on a Committee Bill.

Find out more about Committee Bills

Budget Bills

Every year, a Budget Bill is introduced by the Scottish Government. It authorises public spending for a financial year (1 April to 31 March).

A Budget Bill follows a slightly different parliamentary procedure from other Public Bills.

Learn more about Budget Bills

Private Bills

These are Bills suggested by a person, group or company from outside the Scottish Parliament. 

They usually relate to a particular place, or to how a particular group or organisation works.  They don’t normally affect the general public or society as a whole.

Special rules for Private Bills allow people, groups and companies to “object” to the Bill if they think it will make things worse for them.

A committee is created to examine a Private Bill. The Non-Government Bills Unit manages the Private Bill process. They give guidance to the person or people who are promoting the Private Bill, and to anyone who objects to the Bill. 

Find out more about Private Bills

Hybrid Bills

These are Government Bills that affect private interests in a certain way.

As well as having an impact on the general law, they also have an impact on organisations' or individuals’ private interests.

The NGBU is responsible for managing the Hybrid Bill process. The first Hybrid Bill was the Forth Crossing Bill.

Find out more about Hybrid Bills

Emergency Bills

An Emergency Bill is a Government Bill that needs to be enacted more quickly than the normal timetable allows.

Emergency Bills

An Emergency Bill must be introduced as a Government Bill first and then the Parliament must agree to treat it as an Emergency Bill. Stages 1 to 3 of an Emergency Bill are all taken on the same day unless the Parliament agrees to an alternative timescale.

Stage 2 of an Emergency Bill is normally taken by a Committee of the Whole Parliament unless the Parliament agrees to an alternative approach. 

Royal Assent may be given more quickly than normal after the Bill is passed. 

More information on Emergency Bills is available in Part 3 of the Guidance on Public Bills

How new laws are made

The Scottish Parliament can make laws on “devolved matters”.  Find out the areas where the Parliament can legislate, why new laws may be needed, and how they are proposed.

Making new laws

The Scottish Parliament can make laws on many subjects, including:

  • agriculture and fisheries
  • education and training
  • environment
  • health and social services
  • housing
  • justice and policing
  • local government
  • some aspects of tax and social security

These are “devolved matters”. The UK Parliament does not normally make laws on these matters without the Scottish Parliament’s consent.

Why new laws may be needed or wanted

  • the Scottish Government will have been elected promising certain changes and bills may be needed to make those changes  
  • individual MSPs or committees may have their own ideas about new laws or laws that need to change 
  • existing laws may be out of date or no longer work well
  • sometimes a particular event, including a decision by a court, shows a problem with an existing law and a new law is needed to fix it.

How new laws are suggested

Most Bills looked at by the Scottish Parliament are introduced by the Scottish Government. Each September it announces a Programme for Government for the next parliamentary year. A parliamentary year begins the first time the Parliament meets after a Scottish Parliamentary election and runs until the same date the next year.  

New Bills can also be introduced by:

  • individual MSPs (Member’s Bills)
  • Scottish Parliament committees (Committee Bills)
  • individuals, groups, or companies (Private Bills)

All Bills that are introduced go through a scrutiny process in the Scottish Parliament. The Bill is examined by MSPs before they decide whether it should be passed. 

What happens if a Bill does not become an Act

Not all Bills become law.  Find out about the different ways that Bills can fail to becomes Acts. 

Fallen

If MSPs do not agree with what a Bill is trying to do, they can vote against it at the end of Stage 1 or at Stage 3. If a majority of MSPs vote against a Bill then it will not pass and it falls.

Bills can also fall if they have not completed Stage 3 by the end of a Parliamentary session. These Bills can be reintroduced in the next session and the process would begin again from the start.

Withdrawn

A Bill can be withdrawn by the minister, MSP, person, group or organisation that suggested the Bill.

If a Bill has already finished Stage 1 then the Scottish Parliament must agree to the Bill being withdrawn. 

Reconsideration

After a Bill has been passed, the Supreme Court might decide the Scottish Parliament does not have the power to pass the Bill. 

The Supreme Court may also decide that the Bill had to be passed by a ”super-majority”. A super-majority means at least 2/3 of MSPs (86 MSPs) voted in favour of the Bill.  A super-majority applies if the Bill affects:

  • certain things about the number of MSPs to be elected
  • how MSPs are elected

The Secretary of State can also issue an order to stop the Bill being submitted for Royal Assent. In each of these cases, the Parliament can agree to reconsider the Bill.