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New amendments to Bills lodged
on 30 April 2001
Convention
Rights (Compliance) (Scotland) Bill – Stage 2
Section
1
Phil Gallie
103 In
section 1, page 1, line 11, leave out <(4) to (7)> and insert
<(2) and (3)>
Phil Gallie
104 In
section 1, page 2, line 21, leave out subsection (4)
Phil Gallie
105 In
section 1, page 2, line 23, leave out subsection (5)
Phil Gallie
106 In
section 1, page 2, leave out lines 37 and 38
Phil Gallie
107 In
section 1, page 3, leave out line 9
Section
2
Phil Gallie
108 Leave
out section 2
Section
3
Phil Gallie
109 In
section 3, page 4, leave out lines 8 to 10
Phil Gallie
110 In
section 3, page 4, line 12, leave out <or (2B)>
Phil Gallie
111 In
section 3, page 4, line 20, after <judge;> insert—
<(
) a copy of any agreement governing the transfer of
the prisoner to Scotland;>
Phil
Gallie
112 In
section 3, page 4, line 30, after second <shall> insert <,
taking into account the terms of any agreement governing the transfer
of the prisoner to Scotland,>
Phil Gallie
113 In
section 3, page 5, line 26, leave out from beginning to <hearing>
in line 33 and insert <Notwithstanding section 10(2A) of this Act,
a transferred life prisoner to whom section 10(2A) to (3) of this
Act applies by virtue of paragraph 7 above>
Housing
(Scotland) Bill – Stage 2
Section
12
Tommy
Sheridan
296 In
section 12, page 8, line 15, after <proceedings> insert <only>
Section
18
Ms Sandra
White
297 In
section 18, page 12, line 9, at end insert <and including a statement
of the tenant’s responsibilities under the tenancy>
Tommy Sheridan
298 In
section 18, page 12, line 17, leave out subsection (4)
Tommy Sheridan
299 In
section 18, page 12, line 20, leave out subsection (5)
Tommy Sheridan
300 In
section 18, page 12, leave out line 36
Section
19
Tommy Sheridan
301 In
section 19, page 13, line 6, after <20> insert <(Determination
of fair rent increases)>
Section
20
Tommy Sheridan
302 In
section 20, page 13, line 15, at end insert <and not less than
a year after any previous notice under this subsection>
After
section 20
Tommy Sheridan
303 After
section 20, insert—
<Determination
of fair rent increase
(1) Where—
(a) notice
is given under section 20(1) of an increase in rent or other
charge which the tenant does not consider to be a fair increase,
and
(b) the
tenant has failed to agree with the landlord either—
(i) an
increase in the rent or charge less than that proposed
in the notice, or
(ii) that
the rent or charge should not be increased,
the tenant
may refer the notice to a rent assessment committee.
(2) The
Scottish Ministers may, by regulations, make further provision
about the establishment and operation of rent assessment committees,
including the form in which references to such committees should
be made.
(3) Where
a notice is referred under subsection (1), the committee shall
consider whether the increase is fair and shall determine—
(a) that
the increase set in the notice is fair,
(b) such
lower increase as it considers fair, or
(b) that
there shall be no increase.
(4) Before
determining whether a rent increase is fair, the committee may
require the local authority in whose area the house is situated
to provide information on rents payable for equivalent properties
in that area under a Scottish secure tenancy.
(5) Before
determining whether a charge increase is fair, the committee may
require the local authority in whose area the house is situated
to provide information on charges made for equivalent services
payable for equivalent properties in that area under a Scottish
secure tenancy.
(6) In
making a determination under subsection (3), the committee shall
have regard to—
(a) any
information provided by the local authority under subsection
(4) or (5), and
(b) subject
to subsection (7), the views of the tenant and landlord.
(7) In
making a determination under subsection (3), the committee shall
disregard any effect on the rent attributable to—
(a) any
repairs or improvements carried out by the tenant or any previous
tenant unless carried out in pursuance of the terms of the
tenancy,
(b) any
repairs or improvement carried out by the landlord to render
the house wind and watertight or otherwise reasonably fit
for human habitation,
(c) any
failure by the tenant to comply with the terms of the tenancy.
(8) A
determination under subsection (3) shall have effect for the purpose
of determining the rent or charge payable from—
(a) the
date specified in the notice under section 20(1), or
(b) if
it appears to the committee that the determination having
effect from that date would cause undue hardship to the tenant,
such date as the committee may direct (being a date later
than that specified in the notice under section 20(1), but
not later than the date on which the determination was made).
(9) The
committee shall not make a determination under subsection (3)
if, prior to its doing so—
(a) the
tenancy is brought to an end by order of the sheriff under
section 13, or
(b) the
tenant, by notice in writing, withdraws the reference under
subsection (1).>
Schedule
4
Tommy
Sheridan
304 In
schedule 4, page 68, line 19, at end insert—
<1A For
the purposes of paragraph 1 a house is not reasonably fit for
human habitation if it—
(a) has
condensation dampness,
(b) cannot
be heated to a temperature of 21 degrees Celcius in the main
room of the house and 18 degrees Celcius elsewhere in the
house for a reasonable number of hours each day except by
expenditure of more than 10 per cent of the disposable income
of the tenant’s household on heating, or
(c) has
less than one heating appliance in working order in the main
room of the house and in each of the bedrooms and hall (if
any).>
Tommy
Sheridan
305 In
schedule 4, page 68, line 21, leave out <enter> and insert <seek
entry to>
After
section 25
Paul Martin
306 After
section 25, insert—
<Consultation
on work affecting communal areas
(1) This
section applies to any person whose ownership of a house includes
rights of access to, or use of, areas ("communal areas")
to which the owners or occupiers of other houses have similar
rights.
(2) A
registered social landlord to whom this section applies shall,
before undertaking any repairs or improvements to any communal
area, consult on those repairs or improvements any other person
to whom this section applies in respect of that communal area.>
Section
27
Cathie
Craigie
307 In
section 27, page 17, line 5, at end insert <, and
(b) in
the case of an assignation, only where the house has been
the assignee’s only or principal home throughout the period
of 6 months ending with the date of the application for the
landlord’s consent to the assignation under paragraph 9 of
schedule 5.>
Section
29
Karen
Whitefield
308 In
section 29, page 19, line 19, at end insert—
<(7) Where
a tenancy is a short Scottish secure tenancy by virtue of paragraph
1 or 1A of schedule 6 the landlord must provide, or ensure the
provision of, such housing support services as it considers appropriate
with a view to enabling the conversion of the tenancy to a Scottish
secure tenancy by virtue of section 31.
(8) The
Scottish Ministers may issue guidance as to the housing support
services which are appropriate for the purposes of subsection
(7).>
Schedule
6
Robert
Brown
309 In
schedule 6, page 70, line 15, leave out <The landlord has reasonable
grounds for believing that>
Section
30
Tommy Sheridan
310 In
section 30, page 19, line 21, after <proceedings> insert <only>
Before
section 32
Ms Sandra
White
311 Before
section 32, insert—
<Purpose
and limits of Scottish secure tenancy
The purpose
of the Scottish secure tenancy is to protect and support the right
to rent in the public interest, and to secure the rights of tenants
within that tenancy.>
Section
36
Ms Sandra
White
312 In
section 36, page 22, line 16, leave out <5> and insert <10>
Section
37
Karen Whitefield
313 In
section 37, page 22, line 25, leave out <1st January 2001> and
insert <the date on which that Act received Royal Assent>
Before
section 95
Paul Martin
314 Before
section 95, insert—
<Interim
anti-social behaviour orders
Where a local
authority has made an application for an anti-social behaviour
order under section 19(2) of the Crime and Disorder Act 1998 (c.37),
in relation to a tenant of the authority or of another landlord
in the authority’s area, the local authority may make such interim
order to prevent further anti-social behaviour on the part of
that tenant as it considers appropriate.>
Robert
Brown
315 Before
section 95, insert—
<Anti-social
behaviour orders
(1) Where
an application for an order under section 19 of the Crime and
Disorder Act 1998 (c.37) (anti-social behaviour orders) is made
in relation to the protection of a tenant of the local authority,
or a tenant of—
(a) a
registered social landlord, or
(b) a
water authority or sewerage authority,
in the authority’s
area, the court may, pending determination of the application,
grant interim interdict with a power of arrest attaching thereto.
(2) The
court shall not grant an interim interdict under subsection (1)
unless the defender has had the opportunity of being heard in
relation thereto.
(3) A
power of arrest under subsection (1) shall not have effect until
a copy of the order has been served on the defender.>
Section
101
Tommy
Sheridan
316 In
section 101, page 60, line 10, leave out <The> and insert <Paragraph
1A of the schedule to this Act shall come into force on 31 December
2003 or such earlier date as the Scottish Ministers may by order appoint.
( ) The
other>
Regulation
of Care (Scotland) Bill – Stage 2
Section
24
Dr Richard
Simpson
218 In
section 24, page 16, line 34, at end insert—
<(
) allow the Commission to issue guidance as to the minimum
recommended cost of purchasing particular types of care package;>
After
section 24
Dr Richard
Simpson
219 After
section 24, insert—
<Contracts
for care services
Examination
of contracts for care services
(1) The
Commission shall examine and comment on any contract between a
purchaser of, and a person providing, any of the care services
mentioned in section 2(1)(a) to (f) of this Act—
(a) when
asked to do so by—
(i) a
provider who has reasonable grounds for believing that
the funding offered by the purchaser does not allow that
provider to achieve or maintain the care standards required
by the Commission; or
(ii) a
provider or any other interested party who has reasonable
grounds for believing that there is an unequal distribution
in the allocation of public funds to providers to meet
similar care needs; or
(b) where
a duty to do so is imposed by any regulations under section
24(1) of this Act.
(2) Any
comments made by the Commission under subsection (1) above shall
be made in writing to the purchaser and the provider.>
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