While the procedure for Private Bills mirrors that for Public Bills, additional weight is given to those individuals and organisations ‘directly or specially’ affected by proposals, given that the legislation would favour an individual or organisation over a comparable individual or organisation.
An application requesting a Private Bill must be lodged with the House authorities before 27 November in any year. It must be advertised before 11 December and relevant authorities must be notified. A Parliamentary Agent – a law firm approved by the authorities – is responsible for the drafting and progress of the Bill. Petitions from individuals and organisations may be lodged against the Bill.
The stages of a Private Bill are similar to those of a Public Bill and it can be first introduced in either House. Private Business is taken after Prayers and before Oral Questions. For each stage, the Bill’s name is read out with the motion accompanying that stage (eg ‘That the Bill be now read a Second time’). If the motion is opposed by any MP, the motion is held over and time during Public Business must be found for each stage, which can greatly increase the length of time the Bill will take to pass.
After Second Reading, which may or may not be opposed and debated, the Bill goes to either an Unopposed Bill Committee or an Opposed Bill Committee. These committees, made up of disinterested MPs have to decide on the case for the Bill. Evidence may be taken.
The report of the committee is followed by the Consideration Stage and Third Reading, which take the same form as for Public Business. Again, these stages may be passed on a general ‘aye’ or may be opposed, in which case time must be found.
If the Bill was first introduced in the Commons, it then goes to the Lords. If it came to the Commons from the Lords and the Commons have amended it, it returns to the Lords. If it came from the Lords and the Commons have agreed it without amendment it goes for Royal Assent.
Private Bills can be ‘suspended’ so that they do not fall on prorogation or dissolution. Indeed, the passage of Private Bills strongly opposed by a group of MPs can take several years (as in the case of the City of London (Ward Elections) Act 2002, which was introduced in 1998/99). In contrast, unopposed Private Bills normally pass within one Session.
