When MPs consider Lords Amendments to a bill, the Speaker must examine the motions relating to them to see whether EVEL applies.
The Speaker must decide whether the motion would result in the clause or schedule passing the two tests for EVEL. If these tests are met, the Speaker must certify the motion.
The Speaker must also certify a motion if it would result in a clause or schedule that passes the two tests for EVEL:
- being left out of the bill, or
- not passing either or both the tests—for example, if the motion would make a clause which previously related exclusively to England relate exclusively to England and Wales, or if it introduced into a clause a provision which was not within devolved legislative competence
In those cases, the Speaker certifies the motion as relating exclusively to the area that the clause or schedule relates to. Take, for example, a motion that introduced a provision that was not within devolved legislative competence into a clause that related exclusively to England. The motion would mean that the clause no longer passed both tests for EVEL. The Speaker would therefore certify the motion as relating exclusively to England.
The Speaker must certify motions in all the ways in which they pass the two tests. So, for example, if the motion would make a clause that related exclusively to England relate instead to England and Wales, the Speaker would certify it both as relating exclusively to England and as relating exclusively to England and Wales.
If a motion is certified, it is subject to a double majority vote.