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Rules of the House of Assembly

BERMUDA STATUTORY INSTRUMENT

RULES OF THE HOUSE OF ASSEMBLY

[made under section 45 of the Constitution]

ARRANGEMENT OF RULES


1 Oath of Allegiance

2 Election of speaker

3 Election of Deputy Speaker

4 Presiding in the House and in Committee

5 Sittings of the House

6 Language

7 Quorum

8 Order of business

9 Petitions

10 Papers

11 Questions

12 Personal explanations by Members

13 Adjournment of the House

14 Motions

15 Dispensing with notice

16 Manner of giving notices

17 Relevancy of amendments

18 Seconders of motions and amendments to Bills

19 Amendments

20 Withdrawal of motions and amendments

21 Time and manner of speaking and contents of speeches

22 Right of reply

23 Interruptions

24 Behaviour of Members not speaking

25 Scope of debate

26 Dilatory motions

27 Closure of debate

28 Anticipation

29 Responsibility of order

30 Order in the House

31 Voting

32 Introducing and first reading of Bill

33 Printing and circulation of Bills

34 Second reading of Bills

35 Committal of Bills

36 Instructions to Committees

37 Committee reporting progress

38 Functions of Committees on Bills

39 Procedure in Committee of the whole House on Bills

40 Recommittal of Bills reported from Committee of the whole House

41 Reports of Committee of the whole House

42 Third reading of Bills originating in the House

43 Bills received from the Senate

44 Further proceedings upon Bills

45 Temporary laws

46 Withdrawal of Bills

47 Bills containing substantially the same provisions

48 Private Bills

49 Private Bills Committee

50 Public Accounts Committee

50A Committee on the Office of the Auditor

50B Committee on a Register of Members' Interests

51 Sessional Select Committees

52 Other Select Committees


53 Joint Select Committees

54 Procedure of Select Com mittees

55 Estimates of Expenditure

56 Committee of Supply

57 Amendment to Heads of Estimates in Committee of Supply

58 Appropriation Bill

59 Supplementary Estimates

60 Supplementary Appropriation Bills

61 Method of circulation

62 Delivery of communica tions

63 Rules in cases not provided for

64 Recall of House by Speaker

65 Suspension of Rules

66 Procedural irregularities

67 Privilege

68 Strangers

69 Press


1  OATH OF ALLEGIANCE

1 Except for the purpose of electing a Speaker after a General Election, no Member of the House shall be permitted to take part in the proceedings of the House until he has made and subscribed the oath or affirmation of allegiance in the form set out in the Schedule to the Con stitution of Bermuda.

2  ELECTION OF SPEAKER

2 (1) At the first meeting of the House immediately after a Gen eral Election and before the House proceeds to despatch any other busi ness, or whenever it is necessary for the House to elect a Speaker by rea son of a vacancy occurring otherwise, the Clerk shall call upon the House to elect a Speaker,

(2) A Member, having first ascertained that the Member to be proposed is willing to serve if elected, may, rising in his place and ad dressing the Clerk, propose that any other member (not being a Minister or a Parliamentary Secretary) do take the Chair of the House as Speaker. The proposal shall require to be seconded, and, except as provided in paragraph (4) of this rule, no debate shall be allowed thereon.

(3) If only one Member is so proposed, he shall be declared by the Clerk to have been elected.

(4) If more than one Member is so proposed, the Clerk shall, after nominations have closed, conduct the debate (if any) on the ques tion that the first Member proposed do take the Chair of the House as Speaker. After conducting and debate which may then arise, the Clerk shall put the question to the House.

(5) If a majority of the Members present is not in favour of the Member first proposed, the Clerk shall successively put the question in respect of the other Members proposed in the order in which they were proposed until one of them shall receive the affirmative vote of a majority of the Members present.

3  ELECTION OF DEPUTY SPEAKER

3 The election of the Deputy Speaker shall be conducted in a sim ilar manner to the election of the Speaker save that the Speaker shall preside.

4  PRESIDING IN THE HOUSE AND IN COMMITTEE

4 (1) The Speaker or, in his absence, the Deputy Speaker or. if they are both absent, a Member (not being a Minister or a Parliamentary Secretary) elected by the House for the sitting shall preside at each sit ting of the House and shall either act as Chairman of Committees of the whole House or ask some other Member present (not being a Minister or a Parliamentary Secretary) to take the Chair without formal communica tion to the House.

(2) The Speaker or, in his absence, the Deputy Speaker or, in the absence of them both the Member who is elected to preside or the Member selected to take the Chair pursuant to the last preceding para graph may at any time ask any other Member present (not being a Min ister or a Parliamentary Secretary) to take the Chair of the House or the House in Committee of the whole House (as the case may be) temporarily without formal communication to the House.

(3) Save as otherwise provided in these Rules, the Deputy Speaker or other Member presiding shall have all the authority of the Speaker when presiding or otherwise performing the function of the Speaker or taking the Chair in Committee of the whole House and any references to the Speaker in the subsequent provisions of these Rules shall, unless the context otherwise requires, be deemed to include a ref erence to the Deputy Speaker or other Member presiding in accordance with this rule.

(4) The Speaker in the House and the Chairman in Committee shall have power to regulate the conduct of business in all matters not provided for in these Rules.

5  SITTINGS OF THE HOUSE

5 (1) The first sitting of every Session shall be on such day and at such hour as the Governor shall appoint.

(2) The ordinary sitting day of the House when the Legislature is in session shall be every Friday during the year, but the House may adjourn over any Friday or any number of consecutive Fridays or sit on any other day.

(3) The ordinary time for the meeting of the House shall be at 10 o'clock a.m. and at that hour the Speaker shall make his formal entry and the House shall proceed to business.

(4) On motion that the House, or the House in Committee, do now adjourn for lunch, the Speaker or the Chairman, as the case may be, shall forthwith put the question without permitting any debate or
amendment.

(5) Where the House adjourns for lunch the Speaker or, if the House is in Committee, the Chairman shall order a time on the same day for the resumption of business, which shall not be earlier than one hour and fifteen minutes after the time of adjournment, and at such time the Speaker or the Chairman, as the case may be, shall take the Chair and business shall resume without further formality.

(6) When the House adjourns on any day it shall, unless oth erwise ordered, stand adjourned to the next ordinary siting day:

Provided that this paragraph shall not apply where the House adjourns for lunch.

6  LANGUAGE

6 The proceedings and debates of the House shall be in the En glish language.

7  QUORUM

7 (1) A quorum shall consist of the Speaker, or in Committee, the Chairman, and fourteen other Members.

(2) If at any time any Member draws the attention of the Speaker or, in Committee the Chairman, to the absence of a quorum, the Speaker or the Chairman, as the case may be, shall cause the bell to be rung and business shall thereupon be suspended until such time as a quorum is present, and in the event that a quorum is not present within five minutes after the ringing of the bell, the Speaker shall proceed as follows:—

(a) if the Speaker be in the Chair, he shall adjourn the House without question put until the next sitting day;

(b) if the House be in committee of the whole House, the Chairman shall leave the Chair and report the absence of a quorum to the Speaker who shall thereupon adjourn the House without question put until the next sitting day.

(3) If attention is down to the absence of a quorum before con sideration of the orders of the day, the Speaker shall before taking the action prescribed in paragraph (2) suspend the sitting for fifteen min utes.

8  ORDER OF BUSINESS

8 (1) Unless the House otherwise directs, the business of each sitting day shall be transacted in the following order:—

(a) Formal entry of the Speaker, or in his absence, the Deputy Speaker.

(b) in the absence of both the Speaker and the Deputy Speaker, election of a Member to preside.

(c) Prayers.

(d) Oath or affirmation of new Member.

(e) Confirmation of Minutes.

(f) Announcements by the Speaker or Member presiding.

(g) Messages from the Governor.

(h) Messages from the Senate.

(i) Papers and other communications to the House.

(j) Petitions.

(k) Statements by Ministers and Parliamentary Secretaries.

(l) Reports of Committees.

  (m) Congratulatory and/or obituary speeches.

(n) Personal explanations.

(o) Oral replies to questions.

(p) Matters of privilege.

(q) Notice of motions for the adjournment of the House on matters of urgent public importance.

(r) Introduction of Bills.

(i) Government Bills.

(ii) Opposition Bills.

(iii) Private Members' Bills.

(s) Notices of Motions.

(t) Orders of the Day :—


(a) Orders other than Private Bills and Petitions —

(i) Government Business (Bills and Mo tions);

(ii) Opposition Business (Bills and Motions);

(iii) Private Members' Business (Bills and Motions);

(b) Private Bills and Petitions.

(2) An Order Paper shall be prepared by the Clerk for each sit ting day showing the business to be placed before the House in the order in which it is to be taken.

(3) Government business shall be set down on the Order Paper in such order as the Government shall in writing direct the Clerk.

(4) Opposition business shall be set down on the Order Paper in such order as the Opposition leader shall in writing direct the Clerk.

(5) A Government Bill or motion is a Public Bill or motion in troduced or moved by or on behalf of a Minister.

(6) An Opposition Bill or motion is a Public Bill or motion in troduced or moved by or on behalf of the Opposition Leader.

(7) A Private Member's Bill is a Public Bill or motion not intro duced or moved by or on behalf of a Minister or the Opposition Leader.

(8) Notwithstanding the provisions of paragraph (1) of this Rule—

(a) Whenever any message shall be received from the Gov ernor or the Senate, such message shall be read from the Chair as soon as the business or order (if any) under consideration at the time of the receipt of such message shall be disposed of;

(b) A motion that the House at its rising do adjourn to some future time or day other than the next regular ordinary sitting time and day may be made by a Minister at any time when the House is not actually engaged on any other business.

(9) Prayers, (with responses by Members) in a form approved by the Speaker, shall be read by the Speaker or by the Clerk as the Speaker may direct.

(10) No Member shall speak for more than three minutes in making a congratulatory or obituary speech.

9  PETITIONS

9 (1) A Petition may only be presented to the House by a Mem ber.

(2) A Member presenting a Petition shall confine himself to a brief statement of the parties from whom it comes, the number of signa tures attached to it and a summary of the material allegations contained in it, and to reading the prayer of the Petition.

(3) In the case of a Petition complaining of some personal grievance for which there may be an urgent necessity for providing an immediate remedy, the matter contained in the Petition may be brought into discussion on a motion following the presentation thereof.

(4) All other Petitions shall subject to rule 48(5) be ordered, without question put, to lie upon the Table.

(5) No Member may present to the House a Petition of which he is a signatory.

(6) No Petition shall be presented to the House unless it shall have been endorsed by the Clerk as being in accordance with the follow ing rules:

(a) every Petition shall be properly addressed to the House, shall be respectful, decorous and temperate in its lan guage, and shall conclude with a prayer setting forth the general object of the Petition;

(b) every Petition shall be written, typewritten, printed or lithographed and signed on the last sheet;

(c) every Petition shall be in the English language, or be ac companied by an English translation certified to be cor rect to the best of his knowledge and belief by the Mem ber presenting it.

(7) (a) A signatory of a Petition shall not be taken into account unless —

1 If a natural person, he writes his personal sig nature or makes his mark (such mark being authenticated), and such signature or mark is followed by his name (in block capitals) and his address; or


2 if a corporation, its common seal is affixed and duly authenticated.

(b) No signature or mark which is pasted or otherwise at tached to the Petition shall be taken into account.

(8) No Petition shall be received which requests that provision be made for imposing or increasing any tax, for imposing or increasing any charge on the revenue or other funds of the Colony, or for com pounding or remitting any debt due to the Colony:

Provided that Petitions may be presented for legislation for any such purposes.

10  PAPERS

10 (1) Every paper shall be presented by a Minister or by a Par liamentary Secretary and its presentation shall be entered upon the Minutes.

(2) A Minister or a Parliamentary Secretary presenting a paper may make a short explanatory statement of its contents.

(3) All papers shall be ordered to lie upon the Table without question put, and shall be printed, unless the House on motion (the question on which shall be put without amendment or debate) decides otherwise.

11  QUESTIONS

11 (1) Questions may be put to Ministers relating to public affairs for which they are responsible.

(2) Questions addressed to a Minister may be answered by an other Minister or by a Parliamentary Secretary.

(3) Notice of a question (which shall not be given viva voce) shall be in writing and signed by a Member and shall be received by the Clerk by 12 noon not less than nine clear days before the day, (which shall be specified in the notice) on which the answer is required.

(4) A Member who desires an oral answer to his question shall mark it with an asterisk. if a Member does not so mark his question with an asterisk, or if he is not present in the House to ask it, or has not re quested another Member to ask it, the Minister to whom it is addressed shall cause a written answer to be supplied to the Clerk who shall cause it to be incorporated in the Minutes.

(5) Every question shall conform to the following rules:

(a) a question shall not include the names of persons or statements not strictly necessary to render the question intelligible;

(b) a question shall not contain statements which the Mem ber who asks the question is not prepared to substanti ate;

(c) a question shall not contain arguments, inferences, opinions, imputations, epithets, or tendentious, ironical or offensive expressions;

(d) a question shall not refer to debates or answers to ques tions in the current Session;

(e) a question shall not refer to proceedings in a Committee which have not been reported to the House;

(f) a question shall not seek information about any matter which is of its nature secret;

(g) a question shall not reflect on the decision of a court of law or be so drafted as to be likely to prejudice a matter which is sub judice;

(h) a question shall not be asked for the purpose of obtain ing an expression of opinion, the solution of an abstract legal case or the answer to a hypothetical proposition;

(i) a question shall not be asked as to whether statements in the press or of private individuals or unofficial bodies are accurate;

(j) a question shall not be asked as to the character or con duct of any person except in his official or public capac ity;

(k) a question shall not be asked seeking for information set forth in accessible documents or ordinary works of refer ence;

(l) a question shall not be asked —

(a) which raises an issue already decided in the House, or which has been answered fully during the current session, to which an answer has been refused, or


(b) which deals with matters referred to a Commis sion of inquiry or within the jurisdiction of the Chairman of a Select Committee.

(6) A question shall not be made the pretext for a debate.

(7) If the Speaker is of opinion that any question of which a Member has sought to ask infringes any of the paragraphs of this rule he may direct —

(a) that it be printed or asked with such alterations as he may direct; or

(b) that the Member concerned be informed that the ques tion is out of order.

(8) The number of questions for oral answer on any one sitting day which may be asked by any Member shall be limited to three.

(9) Supplementary questions may be put by any Member for the purpose of elucidating an oral answer, but the Speaker may refuse any such question.

(10) Questions which have not received an oral answer within one hour after the House shall have commenced sitting shall be an swered in writing and a copy of such written answer shall be supplied to the Clerk who shall cause it to be incorporated in the Minutes.

12  PERSONAL EXPLANATIONS BY MEMBERS

12 With prior leave of the Speaker, any Member may make a per sonal explanation although there is no question before the House. Such explanation may not be debated and no controversial matter may be in cluded in an explanation.

13  ADJOURNMENT OF THE HOUSE

13 (1) The House shall not be adjourned except in pursuance of a resolution or by the Speaker in pursuance of rule 7(2) or rule 30(8):

Provided that when a substantive motion for the adjournment of the House has been made by a Minister no Member shall be entitled to speak thereon for more than twenty minutes.

(2) A Minister may move "That the House do now adjourn" at any time after the conclusion of Questions at any sitting, but any other Member may only move such a motion under the provisions of paragraph (3) of this rule.

(3) Any Member other than a Minister may at the time ap pointed under rule 8 rise in his place and ask for leave to move the ad journment of the House for the purpose of discussing a definite matter of public importance.

(4) Before commencement of the sitting the matter for discus sion under a motion intended to be made pursuant to paragraph (3) of this rule shall be reduced into writing and handed to the Speaker. The Speaker shall refuse to permit the Member to ask for leave to move the motion unless he is satisfied that the matter is of definite and urgent public importance requiring urgent debate.

(5) If the Speaker is so satisfied the motion shall stand over until 11.30 a.m. or until the Orders of the Day have been disposed of (whichever shall be sooner) on the same day, or until such earlier time as the Speaker may order and at that time any proceedings on which the House is engaged shall be postponed until the motion has been disposed of.

(6) Not more than one motion for the adjournment of the House under paragraph (3) of this rule shall be allowed in any one sitting day.

(7) The debate on any motion for the adjournment of the House under paragraph (3) of this rule shall be confined to the matter raised by the Member making the motion.

14  MOTIONS

14 (1) Unless these Rules otherwise direct, notice shall be given of any motion which it is proposed to move with the exception of the fol lowing:—

(a) a motion that the House resolve itself into committee;

(b) a motion for the adjournment of the House or of any de bate;

(c) a motion for leave to introduce and read for the first time a Bill by its title;

(d) a motion made in Committee of the whole House;

(e) a motion allocating time for the consideration of any or der of the day;

(f) a motion for the withdrawal of strangers;

(g) a motion for the suspension of a Member;


(h) a motion for the withdrawal of a Bill;

(i) a motion relating to a matter of privilege;

(j) a motion in respect of which notice has been dispensed with under rule 15;

(k) a motion for the suspension of a rule put with leave of the Speaker;

(l) a motion for the amendment of a motion made in the House.

(2) Any motion made for the House to resolve itself into a Committee of the whole House shall not be debated but shall be voted upon forthwith on the question being put by the Chair.

15  DISPENSING WITH NOTICE

15 Notice shall not be dispensed with in the case of a motion or in respect of any other proceeding for which notice is required except with the leave of the House.

16  MANNER OF GIVING NOTICES

16 (1) Every Member in giving notice of a motion shall do so by handing a written or typed copy of such motion signed by himself to the Clerk during a sitting of the House or, when the House is not sitting, during office hours, or shall forward the same to the Clerk by prepaid registered post.

(2) Unless otherwise provided in these Rules, no motion shall be moved on the day on which notice thereof is received by the Clerk ex cept by leave of the House.

(3) A Member may amend a notice of motion standing in his name if such amendment does not, in the opinion of the Speaker materi ally alter any principle embodied in the motion, and any such amend ment shall be deemed to have been made at the time the original notice of motion was given.

(4) Motions or amendments to Bills sent to the Clerk shall be printed and circulated by him.

17  RELEVANCY OF AMENDMENTS

17 (1) When any motion or Bill is under consideration in the House or a Committee thereof, an amendment may be proposed to such motion or Bill without notice if it is relevant to the question or matter then under discussion:

Provided that no amendment may be made in the first part of a question, after the latter part has been amended, or has been proposed to be amended, if a question has been proposed from the Chair upon such amendment.

(2) An amendment may be proposed to any amendment if it is relevant thereto,

18  SECONDERS OF MOTIONS AND AMENDMENTS TO BILLS

18 Save as provided in rules 2 and 3 no motion or amendment shall require to be seconded before the question thereon is proposed from the Chair.

19  AMENDMENTS

19 When an amendment has been moved, the question put thereon shall be, "that the amendment be made," except that, when the question is that a Bill be now read the second time or the third time and an amendment has been moved to leave out the word "now", the question put shall be, "that the word "now" stand part of the question."

20  WITHDRAWAL OF MOTIONS AND AMENDMENTS

20 (1) A motion or amendment to a Bill may be withdrawn, at the request of the mover, by leave of the House or Committee before the question is fully put thereon, provided that there is no dissentient voice. A motion or an amendment to a Bill so withdrawn may be proposed again provided that, in the case of a motion, notice as required by these Rules is given.

(2) If the question has been proposed on an amendment to a motion or to an amendment to a Bill, the original motion or amendment to a Bill may not be withdrawn until the amendment thereto has been disposed of.

(3) If an interval of three calendar months has elapsed after notice of a motion has been given without further action having been taken on the motion, the notice shall be deemed to have been withdrawn unless the House otherwise orders.


21  TIME AND MANNER OF SPEAKING AND CONTENTS OF SPEECHES

21 (1) A Member desiring to speak shall rise in his place and if called upon shall address the Chair.

(2) If two or more Members rise at the same time, the Chair shall call upon the Member who first catches his eye.

(3) Except for the statement in support of the Estimates of Rev enue and Expenditure, the Statement in reply thereto and any statement under rule 8(1)(k), a Member shall not read his speech, but he may, with consent of the Speaker or, in Committee, the Chairman, read extracts from books, papers, including newspapers, in support of his argument or may refresh his memory from notes.

(4) A Member shall confine his observations to the subject un der discussion, and may not introduce matter irrelevant thereto.

(5) Reference shall not be made to any matter which is sub ju dice.

(6) It shall be out of order to reflect on any vote of the House or attempt to reconsider any specific question upon which the House has come to a conclusion during the current Session except upon a substan tive motion for rescission.

(7) It shall be out of order to use offensive and insulting lan guage about Members of the House or to use language which is in bad taste or which tends to bring the House into disrepute.

(8) No Member shall refer to any other Member by name only.

(9) No Member shall impute improper motives to another Mem ber.

(10) Her Majesty's or the Governor's name shall not be used to influence the House.

(11) The conduct of Her Majesty, Members of the Royal Family, the Governor, Members of either House of the Legislature, Judges, and the performance of judicial functions by other persons shall not be re ferred to except upon a substantive motion.

(12) No Member shall allude to any debate of the Senate.

(13) No Member shall allude to any debate of the same Session upon a question or Bill not being then under discussion, except by in dulgence of the House, for personal explanation.

(14) No Member shall speak more than once to any question ex cept —

(a) in Committee;

(b) in explanation as provided in paragraph (15) of this rule;

(c) to a point of order;

(d) in the case of the mover of a substantive motion of the House, in reply; or

(e) under rule 22 (2).

(15) A Member who has spoken to a question may again be heard to offer explanation of some material part of his speech which has been misunderstood; but he shall not introduce new matter.

22  RIGHT OF REPLY

22 (1) The mover of a substantive motion in the House (other than the mover of an amending motion) may reply after all the other Members present have had an opportunity of addressing the House and before the question is put, and after such reply no other Member may speak except as provided in paragraph (2) of this rule.

(2) A Minister, with the consent of the Speaker, may conclude a debate on any motion which is critical of the Government, or reflects ad versely on, or is calculated to bring discredit upon, the Government or a public officer.

23  INTERRUPTIONS

23 (1) No Member shall interrupt another Member except —

(a) by rising to a point of order, whereupon the Member speaking shall resume his seat and the Member inter rupting shall simply direct attention to the point which he desires to bring to notice and submit it to the Speaker or Chairman for decision; or

(b) to elucidate some matter raised by that Member in the course of his speech, provided that the Member speaking is willing to give way and resumes his seat and that the Member wishing to interrupt is called by the Chair.

(2) A point of order shall at the request of any Member be put in writing by the Member raising it.


24  BEHAVIOUR OF MEMBERS NOT SPEAKING

24 During a sitting —

(a) all Members shall enter or leave the House with deco rum;

(b) no Member shall pass between the Chair and any Mem ber who is speaking;

(c) Members shall not read newspapers, books, letters or other documents, except such matters therein as may be directly connected with the business under debate;

(d) while a Member is speaking, all other Members shall be silent or shall confer only in undertones, and shall not make unseemly interruptions.

25  SCOPE OF DEBATE

25 (1) Debate upon any motion, Bill or amendment thereto shall be relevant to such motion, Bill or amendment, except in the case of a motion for the adjournment of the House.

(2) When an amendment is proposed to leave out words and to add or insert other words instead of them, debate upon the first question proposed on the amendment may be relevant both to the words proposed to be left out and to those proposed to be added or inserted.

(3) On an amendment proposing only to leave out words or to add or insert words, debate shall be confined to the omission, addition or insertion of such words respectively.

26  DILATORY MOTIONS

26 (1) A dilatory motion is a motion made for the adjournment of a debate or of the House during any debate or, in Committee, that the Chairman do now report progress and ask leave to sit again or do leave the Chair.

(2) The debate upon such a motion shall be confined to the matter of the motion; and a Member who has made such a motion shall not be entitled to move any similar motion during the same debate.

27  CLOSURE OF DEBATE

27 (1) After a question has been proposed, a Member rising in his place may claim to move "That the question be now put"; and unless it appears to the Chair that such motion is an abuse of the Rules of the House, or an infringement of the right of a minority, the question "That the question be now put" shall be put forthwith, and decided without amendment or debate notwithstanding that the mover has had no op portunity to make his reply.

(2) When the motion "That the question be now put" has been carried, and the question consequent thereon has been decided, any further motion may be made (if the assent of the Chair has not been withheld) which may be requisite to bring to a decision any question al ready proposed from the Chair.

(3) Such questions shall be put forthwith, and decided without amendment or debate.

28  ANTICIPATION

28 (1) It shall be out of order to anticipate an order of the day by a discussion on a motion or amendment dealing with the subject matter of a Bill or other order of the day prior to the consideration of that order.

(2) It shall be out of order to anticipate an order of the day or a notice of motion or a reply to a question by discussion upon (a) an amendment or (b) a motion for the adjournment of the House.

(3) In determining whether a discussion is out of order on the grounds of anticipation, regard shall be had by the Chair to the proba bility of the matter anticipated being brought before the House within a reasonable time.

29  RESPONSIBILITY OF ORDER

29 (1) The Speaker in the House and the Chairman in Committee shall be responsible for the observance of the rules of order in the House and Committee respectively, and their decision upon any point of order shall not be open to appeal and shall not be reviewed by the House ex cept upon a substantive motion made after notice.

(2) When the Speaker or Chairman rises during a debate any Member then speaking or wishing to speak shall immediately resume his seat, and the House, or the Committee, shall be silent.

30  ORDER IN THE HOUSE

30 (1) The Speaker or Chairman, after having called the attention of the House or of the Committee to the conduct of a Member who per-
sists in irrelevance or tedious repetition either of his own arguments or of the arguments used by any other Member or Members in debate, may di rect him to discontinue his speech.

(2) The Speaker or Chairman shall order Members whose con duct is grossly disorderly to withdraw immediately from the House dur ing the remainder of the day's sitting, and the Serjeant-at-Arms shall act on such orders as he may receive from the Chair in pursuance of this rule. But if, on any occasion, the Speaker or Chairman deems that his powers under the previous provisions of this rule are inadequate, he may name such Member or Members, in which event the procedure to be fol lowed is as prescribed in paragraphs (3) (4) (5) and (6) of this rule.

(3) Whenever a Member shall have been named by the Speaker or Chairman, immediately after the commission of the offence of disre garding the authority of the Chair, or of persistently and wilfully ob structing the business of the House by abusing the rules of the House, or otherwise, such naming shall be deemed to put the question that the of fending Member be suspended from the service of the House.

If the offence has been committed by such Member in the House the Speaker shall forthwith put the question, no amendment, adjourn ment or debate being allowed, "That [blank] be suspended from the ser vice of the House".

If the offence has been committed in Committee of the whole House the Chairman shall forthwith suspend the proceedings of the Committee and report the circumstances to the House, whereupon the Speaker shall deal with the matter as if the offence had been committed in the House.

(4) Not more than one Member shall be named at the same time, unless two or more Members, present together, have jointly disre garded the authority of the Chair.

(5) If a Member is suspended under the provisions of this rule, he shall be directed by the Speaker to withdraw. His suspension shall last for three sitting days on the first occasion, for six sitting days on the second occasion, and on any subsequent occasion until the House shall resolve that the suspension of such Member do terminate.

(6) If a Member, or two or more Members acting jointly, who have been suspended under this rule from the service of the House, shall refuse to obey the direction of the Speaker to withdraw, when severally summoned under the Speaker's orders by the Serjeant-at-Arms to obey such direction, the Speaker shall call the attention of the House to the fact that recourse to force is necessary in order to compel obedience to his direction. When the Member or Members named by him as having refused to obey his direction have been removed from the House, they shall thereupon without any further question put be suspended from the service of the House during the remainder of the Session.

(7) Members who are ordered to withdraw under paragraph (2) of this rule or who are suspended from the service of the House under paragraphs (3) to (6) of this rule, shall forthwith withdraw from the precincts of the House and shall be excluded therefrom for the remainder of the sitting or for the period of their suspension as the case may be.

(8) In the case of grave disorder arising in the House, the Speaker may, if he thinks necessary to do so, adjourn the House without question put or suspend the sitting for a time to be fixed by him. In the case of grave disorder arising when the House is in Committee of the whole House the Chairman shall forthwith suspend the proceedings of the Committee and report the circumstances to the House, whereupon the Speaker shall proceed as if the disorder had arisen in the House.

(9) Nothing in this rule shall be taken to deprive the House of the power of proceedings against any Member according to any Resolu tion of the House.

31  VOTING

31 (1) All questions proposed for decision in the House or in Committee shall be determined by a majority of votes of the Members present and voting but a Member may abstain from voting by so declar ing to the Speaker or, when the House is in Committee, to the Chairman.

(2) The Speaker or in Committee, the Chairman shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.

(3) No Member may speak to any question after the same has been fully put from the Chair, A question is fully put when the Chair has taken the voices collectively both of the "Ayes" and the "Noes".

(4) When the question is put from the Chair at the conclusion of a debate, the voices shall be taken collectively "Aye" or "No".

(5) The result shall be declared by the Speaker or the Chair man stating, "I think the Ayes have it" or "I think the Noes have it", as the case may be, but any three Members may challenge the opinion of the Chair by standing in their places and claiming a division.


(6) No Member shall vote on any question in which he has a di rect or pecuniary interest, peculiar to such Member as distinguished from the public at large, and if the right of any such Member to vote shall be challenged by any other Member on this ground such Member shall not be entitled to vote if the Speaker shall determine that the Mem ber whose right to vote is in question is disqualified by this rule from voting. After a vote on any question has been taken no Member may challenge, whether by substantive motion or otherwise the right of any other Member to vote on that question.

(7) Where a division is claimed under paragraph (5) of this rule the Speaker, or if the House is in Committee, the Chairman, shall cause a waning bell to be sounded and the division shall not take place until two minutes thereafter. A division shall take place by Members desiring to vote in the affirmative passing to the right of the Speaker's chair and by those desiring to vote in the negative passing to the left of the Speaker's chair, and every Member shall retain his position until the re sult of the division is announced by the Speaker or the Chairman.

(8) On any division the names of Members respectively voting for and against the motion shall at the request of any three Members be entered in the Minutes.

(9) Names shall be taken by the Clerk asking each Member separately how he desires to vote and recording the votes accordingly.

(10) When a Member's name is called by the Clerk at a taking of names, the Member shall answer either by voting for the "Ayes" or for the "Noes" or shall declare that he abstains from voting.

(11) As soon as the Clerk has collected the votes, the Chair shall state the numbers voting for the "Ayes" and for the "Noes" respectively and shall then declare the result of the division or give his casting vote as the case may be.

(12) If a Member states that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, pro vided that such request is made as soon as the Chair has announced the number, and before the Chair has declared the result of the division.

32  INTRODUCING AND FIRST READING OF BILL

32 (1) Except as provided in paragraph (5) of this rule and subject to the provisions of rule 48 in the case of a Private Bill, any Member may move for leave to introduce and read a Bill for the first time by its title, which motion shall be put forthwith and decided without amendment or debate.

(2) Every bill shall be read the first time immediately after leave has been given,

(3) An interval of not less than four days shall elapse between the first and second reading of a Bill, unless the House on motion made and question put agree to proceed with the Bill at any earlier date, or forthwith,

(4) No motion for the second reading of a Bill shall be made less than 48 hours after printed copies of such Bill have been circulated to Members.

(5) Except on the recommendation of the Governor, signified by a Minister, the House and any Committee of the whole House shall not—

(a) proceed upon any Bill (including any amendment to a Bill) that in the opinion of the Speaker or the Chairman, make provision for any of the following purposes:—

(i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;

(ii) for the imposition of any charge upon the Con solidated Fund or any other public fund of Bermuda or the alteration of any such charge otherwise than by reduction;

(iii) for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of Bermuda of any moneys not charged thereon or any increase in the amount of such payment is sue or withdrawal; or

(iv) for the composition or remission of any debt due to the Government; or

(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the Speaker or the Chairman, would be to make provision for any of those purposes.

33  PRINTING AND CIRCULATING OF BILLS

33 (1) The Clerk shall be responsible for the printing of Bills (other than Private Bills) from the draft received from or on behalf of the Minis ter or Member in charge.

(2) As soon as possible after the printing of a Bill the Clerk
shall circulate a copy to every Member. Every Bill (other than a Private Bill) shall be accompanied by a short explanatory statement of its ob jects, and if it involves expenditure, a financial memorandum indicating the estimated annual recurrent cost and any capital cost.

34  SECOND READING OF BILLS

34 (1) On the order for the second reading of a Bill being called. a motion may be made "That the Bill be now read the second time", and a debate may arise covering the principle and general merits of the Bill.

(2) On the second reading of a Bill, an amendment may be pro posed to the question "That the Bill be now read the second time", to leave out the word "now" and to add at the end of the question the words "upon this day six months", or an amendment may be moved to leave out all the words after the word "That" in order to add words stating the ob ject and motive on which the opposition to the Bill is based, but such words must be strictly relevant to the principle of the Bill and not deal with its details.

(3) If on an amendment to a question that a Bill be now read the second time or the third time it is decided that the word "now" stand part of the question, the Speaker shall forthwith declare the Bill to be read the second or the third time as the case may be.

35  COMMITTAL OF BILLS

35 When a Bill has been read the second time it shall stand com mitted to a Committee of the whole House, unless the House on motion commits it to a Select Committee or unless these Rules otherwise pro vide. A motion for committal to a Select Committee shall not require no tice, must be made immediately after the Bill has been read the second time, and may be proposed by any Member.

36  INSTRUCTIONS TO COMMITTEES

36 (1) Instructions to Committees of the whole House may be in cluded in the motion for committal, but shall not be moved by way of amendment.

(2) No instruction shall be moved to order a Committee to make a provision, if it already has power to make such provision.

37  COMMITTEE REPORTING PROGRESS

37 If any Member before the conclusion of proceedings on a Bill moves to report progress and such motion is carried, or if the proceed ings in a Committee of the whole House have not been finished at the conclusion of a sitting, the Chairman shall leave the Chair and report progress to the House and shall ask leave to sit again.

38  FUNCTIONS OF COMMITTEES ON BILLS

38 (1) Any Committee of the whole House to which a Bill is com mitted shall not discuss the principle of the Bill, but only its details.

(2) Any such Committee shall have power to make such amendments therein as it shall think fit, provided that the amendments (including new clauses and new schedules) are relevant to the subject matter of the Bill; but if any such amendments are not within the title of the Bill, the Committee shall amend the title accordingly and shall report the same to the House.

39  PROCEDURE IN COMMITTEE OF THE WHOLE HOUSE ON BILLS

39 (1) In Committee of the whole House the Member in charge shall move each clause in succession, provided that he may, at his dis cretion, move groups of consecutive clauses unless any Member objects thereto. If no amendment is proposed thereto, or when all proposed amendments have been disposed of and debate thereon has concluded the Chairman shall proceed to put the question.

(2) Any proposed amendments of which notice has not been given shall be handed to the Chairman in writing.

(3) No amendment shall be moved which is inconsistent with any clause already agreed upon or any decision already come to by the Committee, and the Chairman may, at any time during the discussion of a proposed amendment, withdraw it from the consideration of the Com mittee if in his opinion the discussion has shown that the amendment contravenes the provisions of this rule.

(4) Consideration of a clause may be postponed, and postponed clauses shall be considered at such point as the Chairman may decide.

(5) Any proposed new clause may be considered either after the clauses of the Bill have been disposed of and before the consideration of any schedule to the Bill or at the appropriate place in the Bill, as the Chairman may determine. Upon a motion being made for the inclusion of a proposed new clause in a Bill under consideration such clause shall be deemed to have been read the first and second time.

(6) A motion to include a new clause shall be the subject of de-
bate, and when all amendments, if any, proposed thereto have been dis posed of and debate thereon has concluded, the Chairman shall proceed to put the question.

(7) Schedules shall be disposed of in the same way as clauses.

(8) When every clause and schedule and every proposed new clause or new schedule has been dealt with, the Preamble, if there is one, shall be considered and the question "That this Preamble (or this Preamble as amended) be the Preamble to the Bill". No amendment to the Preamble shall be considered which is not made necessary by a previous amendment to the Bill.

(9) If any amendment to the title of the Bill is made necessary by an amendment to the Bill, it shall be made at the conclusion of the proceedings detailed above, but no question shall be put that the title (or the title as amended) stand part of the Bill.

(10) At the conclusion of the proceedings, the Chairman shall forthwith put the question "That I do now report the Bill (or the Bill with amendments) to the House", which shall be decided without amendment or debate.

40  RECOMMITTAL OF BILLS REPORTED FROM COMMITTEE OF THE WHOLE HOUSE

40 (1) If any Member desires to delete or amend any provision contained in a Bill as reported from a Committee of the whole House or to introduce any new provision therein, he may at any time before a Member rises to move the third reading of the Bill move that the Bill be recommitted either wholly or in respect only of some particular part or parts of the Bill or some proposed new clause or new schedule, no notice of such motion being required, and if the motion is agreed to the Bill shall stand so recommitted. The House may then upon motion made, re solve itself into Committee to consider the business so recommitted ei ther forthwith or upon a later day.

(2) When the whole Bill has been recommitted, the Committee shall go through the Bill as provided in rule 39.

(3) When the Bill has been recommitted in respect only of some particular part or parts or of some proposed new clause or new schedule, the Committee shall consider only the matter so recommitted and any amendment which may be moved thereto.

(4) At the conclusion of the proceedings in committee on a Bill recommitted under the provisions of this rule, the Chairman shall put the question "That the Bill (or the Bill as amended on recommittal) be re ported to the House" which question shall be decided without amend ment or debate.

41  REPORTS OF COMMITTEE OF THE WHOLE HOUSE

41 When the Speaker puts the question that the report of the Com mittee of the whole House be adopted no amendment or debate thereon shall be permitted.

42  THIRD READING OF BILLS ORIGINATING IN THE HOUSE

42 (1) When a Bill has been reported from any committee of the whole House it shall on motion be ordered to be read the third time by its title.

(2) On the third reading of a Bill amendments may be proposed to the question "That the Bill be now read the third time by its title" sim ilar to those which may be proposed on second reading.

(3) Amendments for the correction of errors or oversights may, with the Speaker's permission, be made before the question of the third reading of the Bill is put from the Chair, and, after the passage of the Bill, by the Speaker or under his authority, but no amendments of a material character shall be made.

(4) After the third reading and further proceedings thereon, a question is put "That this Bill do now pass" after which the title of the Bill is agreed to or amended and agreed to.

(5) A Bill read the third time and passed shall be signed by the Speaker and shall be delivered by the Clerk for the purpose of obtaining the concurrence of the Senate.

43  BILLS RECEIVED FROM THE SENATE

43 (1) The proceedings on Bills received from the Senate shall be as provided in rules 32 to 42.

(2) If such a Bill has been agreed to by this House without amendment, a Message to that effect shall be carried to the Senate by the Clerk and the Bill shall be signed by the Speaker.

(3) If such a Bill has been passed by the House with amend ments, the Bill shall be signed by the Speaker and returned to the Sen ate by the Clerk with a list of the amendments, and a Message desiring the concurrence of the Senate in those amendments.


44  FURTHER PROCEEDINGS UPON BILLS

44 (1) When a Bill has been returned from the Senate with a list of the Senate's amendments, the Member in charge of the Bill may without notice move for the consideration of the said amendments forthwith or on a future date, and such a motion shall be decided with out amendment or debate.

(2) Upon consideration of the amendments, the House may agree, disagree or make amendments thereto, or may propose amend ments in lieu thereof or consequent thereto.

(3) Unless all of the Senate's amendments are agreed to, the Bill shall be returned to the Senate by the Clerk with a list of further amendments if any, and, if any amendments have been dis agreed with a list of reasons for such disagreement, and a Message de siring the concurrence of the Senate.

(4) When a Bill, originating in the Senate, to which amendments have been made by the House, is again received from the Senate with a list of amendments to or in lieu of the amendments made by the House, the proceedings upon the Senate's amend ments shall be as provided in paragraphs (1) to (3) of this rule.

(5) If the Senate has assigned reasons for disagreeing to any of the House's amendments, the reasons shall be considered forthwith or upon a future date as the Member in charge of the Bill shall appoint, and upon their consideration the question shall be proposed in respect of each amendment disagreed to by the Senate that the House insists or does not insist upon its amendments.

(6) Upon the conclusion of proceedings under paragraphs (4) and (5) of this rule, if the Bill has been agreed to by the Senate and the House, as amended by one or both Chambers, or if the Bill has been passed by both without amendment, the Speaker shall sign the Bill

45  TEMPORARY LAWS

45 The precise duration of every temporary law or enactment shall be expressed in a distinct clause or subsection at the end of the Bill or enactment.

46  WITHDRAWAL OF BILLS

46 On the order of the day for any stage a Bill being called, the Member in charge of a Bill may move that the order be discharged and that the Bill be withdrawn.

47  BILLS CONTAINING SUBSTANTIALLY THE SAME PROVISIONS

47 When once the second reading of any Public Bill has been agreed to or negatived, no question shall be proposed during the same session for the second reading of any other Public Bill containing substantially the same provisions. On an order of the day relating to such a Bill being called, the Speaker shall direct that the Bill be withdrawn.

48  PRIVATE BILLS

48 (1) No Private Bill shall be brought in except upon leave given on a Petition from the promoters.

(2) Every Petition for the passing of a Private Bill shall be ac companied by seventy-five printed copies of the Bill which the promoters desire to have passed.

(3) Printed copies of every Private Bill shall be circulated to Members as soon as practicable after the presentation of the Petition therefor.

(4) Every Private Bill shall contain a clause saving the rights of Her Majesty the Queen, her heirs and successors, all bodies politic and corporate, and all others except such as are mentioned in the Bill, and those claiming by, from or under them.

(5) Whenever a Petition for the passing of a Private Bill for —

(a) the incorporation of a company or other body corporate, or;

(b) the amendment of any Private Act under which a com pany or other body corporate has been or may be incor porated,

has been presented, the Speaker shall, without motion or question put, refer such Petition to the Joint Select Committee on Private Bills for con sideration and report.

(6) A Private Bill shall not be read for the first time until—

(a) the Clerk shall have certified in writing to the Speaker that notice of the general nature and objects of the Bill and of the intention to introduce the same has been published in some local newspaper which newspaper is published not less frequently than weekly; and

(b) not less than ten days have elapsed after such publica-


tion.

(7) The subsequent procedure with regard to Private Bills shall be the same as that with regard to other Bills except that —

(a) after a Private Bill for the incorporation of a Company or other body corporate or the amendment of any Private Act under which a company or other body corporate has been or may be incorporated has been introduced the Member in charge may without notice move that the re maining stages be taken forthwith;

(b) a Private Bill such as is described in paragraph (a) hereof shall, unless the House otherwise orders, be dealt with at the second reading without being committed, but shall be deemed not to have passed the second reading until all the clauses of the Bill, in their original or amended form, shall have been agreed;

(c) at any time during the proceedings on the second read ing of a Private Bill such as is described in paragraph (a) hereof any Member may (notwithstanding that he may have spoken) interrupt the proceedings and move with out notice that the Bill be committed to the House in Committee of the whole House for consideration, which motion shall be put without amendment or debate;

(d) if a motion for committal of a Private Bill made pursuant to paragraph (c) hereof be adopted, all proceedings in the House with respect to such Bill subsequent to the adop tion of the motion for second reading thereof and prior to the adoption of the motion for committal shall be void and the Bill shall stand committed.

(8) Unless the House otherwise orders, no Petition for the passing of a Private Bill shall be considered during the period, in any year, beginning on the first day of June and ending on the day on which Parliament is prorogued for the Summer Recess.

49  PRIVATE BILLS COMMITTEE

49 (1) There shall be a Joint Select Committee to be known as "The Joint Select Committee on Private Bills". This Committee shall be a Standing Committee appointed for the duration of the life of Parliament.

(2) The Speaker shall, for the purposes of this Committee, ap point not more than five Members to sit with members of the Senate, but any Member may be discharged from serving as a member of the Committee and be replaced.

(3) The Joint Select Committee on Private Bills shall have the duty of examining, considering and reporting on —

(a) an Petitions and Private Bills referred to it pursuant to rule 48 (5) ; and

(b) all other Petitions and matters referred to it by either House of the Legislature.

50  PUBLIC ACCOUNTS COMMITTEE

50 (1) There shall be a Select Committee to be known as the "Public Accounts Committee". This Committee shall be a Standing Com mittee appointed for the duration of the life of Parliament.

(2) The Public Accounts Committee shall consist of five Mem bers, inclusive of the Chairman thereof, appointed by the Speaker, who may discharge and replace any Member serving on the Committee.

(3) The Public Accounts Committee shall have the duty of ex amining, considering and reporting on —

(a) the accounts showing the appropriation of the sums granted by the Legislature to meet the public expendi ture of Bermuda;

(b) such accounts as may be referred to the Committee by the House; and

(c) the report of the Auditor for any such accounts.

50 (A) COMMITTEE ON THE OFFICE OF THE AUDITOR

50 (A) (1) There shall be a Select Committee to be known as the "Committee on the Office of the Auditor". This Committee shall be a Standing Committee appointed for the duration of the life of Parliament.

(2) The Committee shall consist of five members, inclusive of the Chairman thereof, appointed by the Speaker, who may discharge and replace any member serving on the Committee.

(3) The Committe on the Office of the Auditor shall have the duty-

(a) of reviewing annual and any supplementary estimates requested by the Auditor and of making recommendations thereon to the Minister of Finance.

(b) of reviewing the establishment, including both numbers


and tradings of posts comprising the Office of the Auditor and any changes proposed by the Auditor and of making recommendations thereon to the Minister responsible for Management Services.

(c) of reporting to the House of Assembly the potential effects on the Auditor's ability to carry out his functions in a timely manner of any changes to either estimates, including supplementary estimates, or establishment of the Office of the Auditor from those recommended by the Committee.

(d) of reviewing General Orders, Financial Instructions or other directions so far as they may impinge on the independence of the Auditor and his ability to carry out his functions and of recommending how those directions might be amended in their application to the Auditor.

(e) of recommending to the Minister of Finance the basis and circumstances in which the Auditor should levy fees as income to the Consolidated Fund.

(f) where the Auditor is requested to carry out duties in addition to the functions set out in the Audit Act, 1990 [title 14 item 4] then of recommending to the Minister of Finance the additional resources required to undertake those duties.

(g) of establishing the dates by which the Auditor must present his reports to the Speaker of the House of Assembly if, in the opinion of the Committee, the submission times set by the Act cannot be met for good reason.

(h) of recommending to the Minister of Finance the auditor who will audit the revenues and expenses of the Office of the Auditor.

(i) of receiving and considering in consultation with the Auditor the reports of any practice reviews performed on the Office of the Auditor, such reports to remain confidential to the Auditor and Members of the Committee.

[Rule 50 (A) added by the Report of the Rules and Privileges Committee No. 122 effective 29 June 1990]

50 (B) (LIFE) COMMITTEE ON A REGISTER OF MEMBERS' INTEREST

50 (B) (1) There shall be a Register of Members' Interests. The purpose of such Register is to provide information of any pecuniary interest or other material benefit which a Member of Parliament or the Senate may receive which may be thought to affect his/her conduct as a M.P./Senator or influence his/her actions, speeches or vote in Parliament/Senate.

(2) There shall be a Joint Select Committee to be known as "Joint Select Committee on Members' Interest". This Committee shall be a Standing Committee appointed for the duration of the life of Parliament.

(3) The Joint Select Committee on Members' Interest shall consist of a total of seven Members inclusive of the Chairman thereof, five of which are to be appointed by the Speaker who may discharge and replace any member serving on the Committee from the House while the remaining two Members are to be appointed from the Senate by the President thereof.

(4) The Joint Select Committee on Members' Interest shall have the duty of examining the arrangements made for the compilation, maintenance and accessibility of the Register of Members' Interests; to consider any proposals made by Members or others as to the rules, form and content of the Register; to consider any specific complaints or disputes made in relation to the Registering or declaring of interests and to report on these and any other matters relating to Members' interests.

The Committee shall exercise a general oversight of the procedures for the registering and declaring of interests and make recommendations for changes therein and from time to time report to the House/Senate its interpretation of the scope of the various classes of pecuniary interests.

(5) The Clerk of the House (Legislature) shall act as the Registrar of the Joint Select Committee on Members' Interests.

[Rule 50 (B) added by the Report of the Rules and Privileges Committee effective 23 May 1997]

51  SESSIONAL SELECT COMMITTEES

51 (1) There shall be the following Sessional select committees—

(a) The Rules and Privileges Committee;

(b) The Regulations Committee;

(c) The House and Grounds Committee.

(2) Members of the House appointed to the Sessional Select Committees shall be chosen by the Speaker as soon as may be after the beginning of each Session.

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(3) The Rules and Privileges Committee shall consist of the Speaker (who shall be the Chairman thereof) and five other Members.

(4) The Rules and Privileges Committee shall have the duty of considering and reporting on —

(a) such matter relating to the Rules of the House as may be referred to it by the House, and

(b) such matters which appear to affect the powers and privileges of the House as may be referred to it by the House;

(c) such matters relating to the Rules or appearing to affect the powers and privileges of the House as the Committee may deem to require consideration.

(5) The Regulations Committee shall consist of five Members inclusive of the Chairman thereof.

(6) The Regulations Committee shall have the duty of consid ering all such statutory instruments (as defined by the Interpretation Act for the time being in force) as under the authority of any Act are laid be fore the House, and to bring to the special attention of the House any regulations —

(a) which involves the expenditure of public moneys or im poses or fixes fees for licences or for services;

(b) the making of which appears to constitute an unusual or unexpected use of the powers conferred by the Act under which it was made;

(c) which purports to have retroactive effect;

(d) the publication or laying before the House of which ap pears to have been unduly delayed; or

(e) the purport or form of which appears to require elucida tion:

Provided that the Regulations Committee shall not consider or report on the merits or policy of any regulations.

(7) The House and Grounds Committee shall consist of the Deputy Speaker (who shall be the Chairman thereof) and four other Members.

(8) The House and Grounds Committee shall have the duty of considering and advising the Speaker on all matters connected with the
comfort and convenience of Members, and from time to time reporting to the House its Minutes of Proceedings.

52  OTHER SELECT COMMITTEES

52 Other Select Committees may be appointed on motion made after notice given, and question put, and shall consist of such Members as may be chosen by the Speaker.

53  JOINT SELECT COMMITTEES

53 (1) The Speaker may appoint not more than six Members to sit with Members of the Senate as a Joint Select Committee.

(2) The Quorum of a Joint Select Committee shall be such as the Committee may decide.

(3) A Joint Select Committee shall elect its own Chairman,

(4) A Joint Select Committee may be appointed at the request of either House with the approval of the other House.

54  PROCEDURE OF SELECT COMMITTEES

54 (1) Except as otherwise provided in these Rules, a Select Com mittee shall have power to elect its own Chairman.

(2) If the Chairman of any Select Committee shall be absent from any meeting, the Committee shall elect from among their number another Chairman whose tenure of office shall be for the day of the elec tion only.

(3) The Speaker may discharge any member of a select Com mittee and appoint another Member to fill the resulting vacancy.

(4) Unless the House otherwise orders, the majority in number of the member of a Select Committee shall be a quorum for the transac tion of business.

(5) Notice of the first meeting of a Select Committee shall be given by the Clerk on the direction of the Speaker.

(6) The proceedings or report of any Select Committee, or a summary of such proceedings or report, shall not be published until the report of the Committee has been presented to the House.

55  ESTIMATES OF EXPENDITURE

55 (1) The Minister of Finance shall cause to be prepared and laid
before the House as soon as practicable before the commencement of each financial year Estimates of revenue and expenditure for that year:

Provided that, if the Legislature is dissolved less than three cal endar months before the commencement of any financial year, the Esti mates for that year may be laid before the House as soon as practicable after the commencement of that year.

(2) At the sitting at which the Estimates are laid before the House or at any subsequent sitting, the Minister of Finance or in his ab sence, some other Minister may, without notice, move a motion for the approval of the Estimates of expenditure.

(3) Such motion shall be the occasion for the Minister making it to make the annual financial statement or budget speech. After the Member in charge has spoken, no other Member shall then speak on the motion. The debate shall be resumed on a day to be named by the Mem ber in charge, being a day not earlier than five clear days after the day on which the motion was moved.

(4) The debate when resumed shall be confined to the financial and economic state of Bermuda and the general principles of Govern ment policy and administration as indicated in the budget speech and the Estimates.

(5) After Members have spoken and the Member in charge has replied the debate in the House shall be concluded, but the question on the motion shall not be put at this stage.

(6) The House shall resolve itself into Committee of Supply, without question put, to consider the Estimates.

(7) At the conclusion of consideration of the Estimates in Com mittee of Supply, the House shall resume without question put and the Chairman shall report to the House.

56  COMMITTEE OF SUPPLY

56 (1) There shall be a Committee of the whole House to be called "the Committee of Supply".

(2) It shall be the duty of the Committee of Supply to consider the Estimates of revenue and expenditure and any Supplementary Esti mates.

(3) Unless the House otherwise decides, a maximum of thirty-five hours shall be allowed for the consideration of Estimates in the Committee of Supply.

(4) Any reference in these Rules to a programme means a pro gramme within any head of expenditure then under consideration.

(5) The Opposition shall have the right to determine the order in which the heads of expenditure shall be considered by notifying the Speaker and the Government in writing thereof not less than two clear days before the day named by the Member in charge under rule 55(3) for resumption of debate on the motion for the approval of the Estimates of expenditure:

Provided that in the event of failure of the Opposition to exercise the right conferred under this paragraph the Government shall have the right to determine such order.

(6) On consideration of the Estimates or Supplementary Esti mates each head of expenditure shall be considered. The Member in charge shall move each head of expenditure in the order determined un der paragraph (5). A debate may take place on that motion or on any motion in respect of any amendment moved under the provisions of rule 57. The debate must be relevant to the head or programme under con sideration or to any amendment proposed thereto.

57  AMENDMENT TO HEADS OF ESTIMATES IN COMMITTEE OF SUPPLY

57 (1) Any proposed amendment to the Estimates shall be in writing.

(2) Any amendment to any head of expenditure to increase the sum allotted thereto in respect of any programme may only be moved by a Minister who shall signify the consent of the Governor to the increase in accordance with rule 32(5), Every such amendment shall take the form of a motion "that Head [blank] be increased by [blank] in respect of programme [blank]".

(3) Any amendment to increase a head of expenditure in re spect of any programme shall take the precedence over an amendment to reduce the head in the same respect, and if it is carried no amendment to reduce the head in that respect shall be called.

(4) Any amendment to a head of expenditure to reduce the sum allotted thereto in respect of any programme may be moved by any Member, and shall take the form of a "that Head [blank] be reduced by [blank] in respect of (or by leaving out) programme [blank]".

(5) Any amendment to leave out a head shall not be in order.

58  APPROPRIATION BILL

58 (1) An Appropriation Bill shall be introduced in the House by a
Minister after the Estimates of expenditure have been approved.

(2) The Appropriation Bill shall provide for the issue from the Consolidated Fund of the sums necessary to meet the appropriation of those sums for the purposes therein specified.

(3) After the Appropriation Bill has been introduced the Mem ber in charge may without notice move that the remaining stages be taken forthwith.

(4) No debate shall take place on the motions for the second reading and the third reading of the Appropriation Bill, and the Bill shall not be committed.

(5) The question for the second reading and the third reading shall be put without amendment or debate.

59  SUPPLEMENTARY ESTIMATES

59 (1) If in respect of any financial year it is found —

(a) that the amount appropriated by the Appropriation Act to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by law; or

(b) that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose by an Appropriation Act or for a purpose to which no amount has been appropriated by such an Act,

the Minister of Finance shall cause to be prepared and laid before the House Supplementary Estimates, showing the sum or sums required or spent.

(2) Subject to paragraph (3) of this rule, the Minister presenting the Supplementary Estimates may name the day for consideration of such Estimates.

(3) The motions for the approval of the Supplementary Esti mates shall not be considered at any sitting earlier than the day follow ing the presentation thereof.

(4) On consideration of the Supplementary Estimates the Min ister in charge shall after signifying the consent of the Governor move the motion for the approval of the Estimates. No other Member may then speak on the motion.

(5) The House shall, without question put resolve itself into Committee of Supply to consider the Supplementary Estimates.

(6) The procedure for consideration of the Supplementary Es timates in Committee of Supply shall with the exception of that provided for in rule 56(3) be the same as the procedure for the consideration of the Estimates in Committee of Supply.

(7) The procedure for moving and considering amendments to the Supplementary Estimates shall be the same as the procedure for moving and considering amendments to the Estimates in Committee of Supply.

(8) On conclusion of the consideration of the Supplementary Estimates, the House shall resume without question put and the Chair man shall report to the House.

(9) The motion for the approval of the Supplementary Esti mates shall be amended, if necessary, and put, without further debate as moved, or as amended, as the case may be.

60  SUPPLEMENTARY APPROPRIATION BILLS

60 If at any time a Supplementary Appropriation Bill is presented to the House to provide for the appropriation of amounts contained in any Supplementary Estimates already approved by the House, then the pro cedure for the consideration of any such Bill shall be the same as the procedure for the consideration of an Appropriation Bill.

61  METHOD OF CIRCULATION

61 Whenever in these Rules any Bill or other document is required to be circulated to Members the same shall be circulated by placing a copy thereof on each Member's desk.

62  DELIVERY OF COMMUNICATIONS

62 (1) All communications to the House may be delivered to the Clerk.

(2) Unless the House otherwise orders, all communications from this House shall be delivered by the Clerk.

(3) The House may on motion without notice, which shall be decided without amendment and without debate, order that any message to the Governor shall be delivered to him personally by two Members to be nominated by the Speaker.

(4) All communications to the Governor, other than those deliv ered pursuant to an order made under paragraph (3) of this rule, shall be delivered to the Deputy Governor for the Governor.


63  RULES IN CASES NOT PROVIDED FOR

63 (1) In any matter not in these Rules provided for, resort shall be had to the usage and practice of the House of Commons of the Par liament of Great Britain and Northern Ireland, which shall be followed as far as the same may be applicable to this House, and not inconsistent with these Rules nor with the practice of this House.

(2) In case of doubt the Rules of this House shall be interpreted in the light of the relevant usage and practice of the said House of Com mons, but no restrictions which the said House of Commons has intro duced by Standing Order shall be deemed to extend to this House or its Members until this House has by rule provided for such restriction.

64  RECALL OF HOUSE BY SPEAKER

64 (1) If, during an adjournment of the House, it is represented to the Speaker by a Minister or the Speaker is of opinion that the public interest requires that the House should meet on an earlier day than that to which the House is adjourned, he may give notice accordingly, and the House shall meet at any time stated in such notice. The business set down for that day shall be appointed by the Government or the Speaker and notice thereof shall be circulated not later than the time of the meeting.

(2) References in this rule to the Speaker shall, if the office of Speaker is vacant or the holder thereof is absent from Bermuda or oth erwise unable to perform the functions conferred by paragraph (1), be construed as references to the Deputy Speaker.

65  SUSPENSION OF RULES

65 Any one or more of these Rules may after notice, or with the leave of the Speaker be suspended on a motion made by a Member at any sitting.

66  PROCEDURAL IRREGULARITIES

66 A decision, order, or resolution of the House shall not be ren dered invalid be reason only of the subsequent discovery of any irregu larity or failure to comply with the provisions of these Rules in making such decision, order or resolution.

67  PRIVILEGE

67 (1) A motion directly concerning the privileges of the House shall take precedence of all other public business.

(2) If during the sitting of the House a matter suddenly arises which appears to involve the privileges of the House and which calls for the immediate intervention of the House, the proceedings may be inter rupted, save during the progress of a division, by a motion based on such matter.

68  STRANGERS

68 (1) No stranger shall be entitled to enter or remain within the Chamber of the House or the precincts thereof without the authority of the Speaker.

(2) If any Member takes notice that strangers are present, the Speaker or in Committee the Chairman, shall put forthwith the question "That strangers do withdraw", without permitting any debate or amend ment.

(3) The Speaker may, whenever he thinks fit, order the with drawal of strangers from the precincts of the House or any part thereof.

69  PRESS

69 The Speaker, may, under such rules as he may make from time to time, grant permission to the management of any local newspaper or television station to have its accredited representative attend sittings of the House and occupy a place in the press gallery of the House for the purpose of reporting the proceedings of the House.

If such rules are contravened or if any report of the proceedings is published which the Speaker considers unfair he may revoke the per mission granted under this rule.

[Amended by
The Report of the Rules and Privileges Committee effective 29 June 1990
The Report of the Rules and Privileges Committee effective 23 May 1997]


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