Speaker's certificate

30.55A bill other than a Money bill, when presented to Her Majesty for assent pursuant to s 2 of the Parliament Act 1911, must be endorsed with the signed certificate of the Speaker that the provisions of the section have been duly complied with.1 If the bill has not been passed by the day before prorogation, the Speaker instructs the Clerk of the House to write to the Clerk of the Crown stating that he or she intends to certify the Bill for Royal Assent on the following day and asking for confirmation of the intention to issue a Royal Commission. If such confirmation is forthcoming, the Clerk of the House writes to the Clerk of the Parliaments requesting return of the bill. When the Royal Assent has been signified by commission (see para 30.38 ) to such bills at the same time as to bills which have been agreed upon by both Houses, a separate commission has been issued for the purpose.2

Recent jurisprudence would suggest that there is no scope for the certificate to be questioned in judicial review proceedings.3

Footnotes

  1. 1. CJ (1914) 466; ibid (1948–49) 445; ibid (1990–91) 382; ibid (1998–99) 76; ibid (1999–2000) 699; ibid (2003–04) 631. Unless the bill has been returned to the Commons in the normal way the Clerk of the House of Commons requests the Clerk of the Parliaments, immediately before the bill is to be certified, to return it for that purpose.
  2. 2. LJ (1914) 423; CJ (1914) 466; ibid (1948–49) 445; ibid (1999–2000) 699. But a Commission in 2004 for Royal Assent was a single Commission with two Schedules, one for Acts passed in the usual way, the other for the Hunting Act, which was presented for assent under the Parliament Acts.
  3. 3. Jackson v Her Majesty's Attorney General [2005] UKHL 56, [2006] 1 AC 262, [2005] 4 All ER 1253, [49]–[51]. The conclusiveness of the Speaker's certificate was not challenged.