Back to the Scottish Parliament Business Bulletin No.57/2005: Thursday 14 April 2005
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Section G – Bills

New amendments to Bills lodged on 13 April 2005

Charities and Trustee Investment (Scotland) Bill – Stage 2

Section 1

Malcolm Chisholm

6 In section 1, page 1, line 9, leave out subsection (1) and insert—

<() There is to be an office to be known as the Office of the Scottish Charity Regulator.

() There is established a body corporate, to be known as the Scottish Charity Regulator, which is to be the holder of that office.

() That office-holder is referred to in this Act as “OSCR”.

() OSCR has the functions conferred on it by or under this Act and any other enactment.>

Malcolm Chisholm

7 In section 1, page 1, line 18, at end insert <, and

() to give information or advice, or to make proposals, to the Scottish Ministers on matters relating to OSCR’s functions.>

Malcolm Chisholm

8 In section 1, page 1, line 26, leave out <OSCR> and insert <the Scottish Charity Regulator>

Schedule 1

Malcolm Chisholm

9 In schedule 1, page 61, line 5, leave out <OSCR> and insert <The Scottish Charity Regulator (in this schedule referred to as “the Regulator”)>

Malcolm Chisholm

10 In schedule 1, page 61, line 9, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

11 In schedule 1, page 61, line 18, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

12 In schedule 1, page 61, line 29, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

13 In schedule 1, page 61, line 30, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

14 In schedule 1, page 61, line 34, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

15 In schedule 1, page 61, line 37, leave out first <OSCR> and insert <the Regulator>

Malcolm Chisholm

16 In schedule 1, page 61, line 37, leave out second <OSCR> and insert <the Regulator>

Malcolm Chisholm

17 In schedule 1, page 62, line 2, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

18 In schedule 1, page 62, line 6, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

19 In schedule 1, page 62, line 8, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

20 In schedule 1, page 62, line 11, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

21 In schedule 1, page 62, line 13, leave out <OSCR> and insert <The Regulator>

Malcolm Chisholm

22 In schedule 1, page 62, line 19, leave out first <OSCR> and insert <the Regulator>

Malcolm Chisholm

23 In schedule 1, page 62, line 19, leave out second <OSCR> and insert <the Regulator>

Malcolm Chisholm

24 In schedule 1, page 62, line 21, leave out <OSCR> and insert <the Regulator, whether or not as the holder of the Office of the Scottish Charity Regulator,>

Malcolm Chisholm

25 In schedule 1, page 62, line 22, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

26 In schedule 1, page 62, line 24, leave out <OSCR> and insert <the Regulator>

Malcolm Chisholm

27 In schedule 1, page 62, line 27, leave out <OSCR> and insert <the Regulator>

Section 2

Malcolm Chisholm

28 In section 2, page 2, line 12, leave out subsection (4)

Section 6

Malcolm Chisholm

29 In section 6, page 4, line 4, after <54(1)> insert <, 56(1) and 58(1)>

Malcolm Chisholm

30 In section 6, page 4, line 6, leave out from <(in> to <54(2))> in line 7

Section 7

Malcolm Chisholm

31 In section 7, page 4, line 25, at end insert—

<(ga) the provision of recreational facilities with the object of improving the conditions of life for the persons for whom the facilities are primarily intended,>

Malcolm Chisholm

32 In section 7, page 4, leave out lines 28 to 31 and insert—

<(ia) the relief of those in need by reason of age, ill-health, disability, financial hardship or other disadvantage,>

Malcolm Chisholm

33 In section 7, page 4, line 34, at end insert—

<() In subsection (2)—

(a) in paragraph (d), “the advancement of health” includes the prevention or relief of sickness, disease or human suffering,

(b) in paragraph (g), “sport” means sport which involves physical skill and exertion,

(c) paragraph (ga) applies only in relation to recreational facilities which are—

(i) primarily intended for persons who have need of them by reason of their age, ill-health, disability, financial hardship or other disadvantage, or

(ii) available to members of the public at large or to male or female members of the public at large,

(d) paragraph (ia) includes relief given by the provision of accommodation or care, and

(e) for the purposes of paragraph (m), the advancement of any philosophical belief (whether or not involving belief in a god) is analogous to the purpose set out in paragraph (c).>

Malcolm Chisholm

34 In section 7, page 5, line 4, leave out <a third party> and insert <the Scottish Ministers or a Minister of the Crown>

Malcolm Chisholm

35 In section 7, page 5, line 7, leave out subsection (4) and insert—

<(4A) The Scottish Ministers may by order disapply either or both of paragraphs (a) and (b) of subsection (3) in relation to any body or type of body specified in the order.>

Section 10

Malcolm Chisholm

36 In section 10, page 6, line 3, at end insert <, and

() in the case of an SCIO proposed in an application under section 54(1), 56(1) or 58(1), the purposes set out in the SCIO’s proposed constitution accompanying the application.>

Section 15

Malcolm Chisholm

37 In section 15, page 7, line 20, after <may> insert—

<() exempt charities, or charities of a particular type, from any of the requirements imposed by the regulations,

()>

Section 19

Malcolm Chisholm

38 In section 19, page 10, line 5, leave out <which they consider to be of national importance> and insert <specified in the order>

Section 65

Malcolm Chisholm

39 In section 65, page 35, line 17, leave out subsections (5) and (6)

Section 66

Malcolm Chisholm

40 In section 66, page 36, line 5, leave out subsection (3)

Malcolm Chisholm

41 In section 66, page 36, line 17, after <constitution> insert <referring specifically to the payment of remuneration to that service provider>

Section 71

Malcolm Chisholm

42 In section 71, page 40, line 7, at end insert <and, where the decision is made by a person to whom OSCR’s functions have been delegated by virtue of section 38, OSCR>

Malcolm Chisholm

43 In section 71, page 40, line 18, at beginning insert <where the notice is given to a person specified in subsection (2),>

Section 77

Malcolm Chisholm

44 In section 77, page 42, line 20, after <OSCR> insert <(or by a person to whom OSCR’s functions are delegated by virtue of section 38)>

Malcolm Chisholm

45 In section 77, page 42, line 24, after <OSCR> and insert <(or the person to whom OSCR’s functions are delegated by virtue of section 38, as the case may be)>

Section 82

Malcolm Chisholm

46 In section 82, page 47, line 13, after <information> insert <and identification>

Section 85

Malcolm Chisholm

47 In section 85, page 50, line 12, leave out from <badges> to end of line 13 and insert <any badges or certificates of authority which regulations made under section 82(1) require to be provided>

Section 93

Christine May

48 In section 93, page 54, line 37, at end insert <of the trust, in so far as is appropriate to the circumstances of the trust.>

Section 101

Malcolm Chisholm

49 In section 101, page 58, line 34, at end insert—

<() an order under section 7(4A),>

Malcolm Chisholm

50 In section 101, page 58, line 34, at end insert—

<() an order under section 19(8),>

Malcolm Chisholm

51 In section 101, page 58, line 35, at end insert—

<() regulations under section 82(1) containing provisions of the type described in section 82(2)(h),>

Malcolm Chisholm

52 In section 101, page 59, line 1, at end insert—

<() order under section 7(4A),>

Malcolm Chisholm

53 In section 101, page 59, line 1, at end insert—

<() order under section 19(8),>

Malcolm Chisholm

54 In section 101, page 59, line 2, after <63(d),> insert—

<() regulations under section 82(1) containing provisions of the type described in section 82(2)(h),>

Schedule 4

Malcolm Chisholm

55 In schedule 4, page 65, line 28, at end insert—

<Recreational Charities Act 1958 (c.17)

In section 6(2) of the Recreational Charities Act 1958, the words from “or”, where second occurring, to “1962” are repealed.>

Malcolm Chisholm

56 In schedule 4, page 66, line 1, at end insert—

<Paragraph 5 of Schedule 2 to that Act of 1962 is repealed.>

Malcolm Chisholm

57 In schedule 4, page 66, line 4, leave out <IV> and insert <VI>

Malcolm Chisholm

58 In schedule 4, page 66, line 4, at end insert—

<() in paragraph (a), for “that Part” substitute “Part VI”,>

Malcolm Chisholm

59 In schedule 4, page 66, line 10, after <(b)> insert—

<() for “that Act” substitute “the Education (Scotland) Act 1980”,

()>

Malcolm Chisholm

60 In schedule 4, page 66, line 12, at end insert—

< At the end of section 79(5) of that Act insert “or, in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for that endowment under section 40 or 41 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 00)”.>

Malcolm Chisholm

61 In schedule 4, page 67, line 27, leave out <The Parole Board for Scotland> and insert <Scottish Children’s Reporter Administration>

Malcolm Chisholm

62 In schedule 4, page 67, line 28, leave out <Office of the>

Malcolm Chisholm

63 In schedule 4, page 68, line 5, leave out <Parole Board for Scotland> and insert <Scottish Children’s Reporter Administration>

Malcolm Chisholm

64 In schedule 4, page 68, line 6, leave out <The Office of the>

Section 103

Malcolm Chisholm

65 In section 103, page 60, line 14, after <the> insert <holder of the>

Protection of Children and Prevention of Sexual Offences ( Scotland) Bill – Stage 2

Section 1

Cathy Jamieson

12 In section 1, page 1, line 6, leave out <aged 18 or over (the “adult”)> and insert <(“A”)>

Cathy Jamieson

13 In section 1, page 1, line 7, leave out <a person aged under 16 (the “child”)> and insert <another person (“B”)>

Cathy Jamieson

14 In section 1, page 1, line 8, leave out <the adult> and insert <A>

Cathy Jamieson

15 In section 1, page 1, line 9, leave out <the child> and insert <B>

Cathy Jamieson

16 In section 1, page 1, line 10, leave out <the child> and insert <B>

Mrs Mary Mulligan

17 In section 1, page 1, line 11, at end insert <or

(iii) makes arrangements, in any part of the world, with the intention of meeting B in any part of the world, for B to travel in any part of the world;>

Cathy Jamieson

18 In section 1, page 1, line 12, leave out <the adult> and insert <A>

Cathy Jamieson

19 In section 1, page 1, line 12, leave out <the child> and insert <B>

Cathy Jamieson

20 In section 1, page 1, line 15, leave out <the adult> and insert <A>

Cathy Jamieson

21 In section 1, page 1, line 15, at end insert—

<( ) B is—

(i) aged under 16; or

(ii) a constable;>

Cathy Jamieson

22 In section 1, page 1, line 16, leave out <the adult> and insert <A>

Cathy Jamieson

23 In section 1, page 1, line 16, leave out <the child> and insert <B>

Pauline McNeill

24 In section 1, page 1, line 19, after <(a)> insert <(or, if there is more than one, one of them)>

Mrs Mary Mulligan

25 In section 1, page 1, line 21, after <paragraph> insert <or the making of arrangements referred to in sub-paragraph (iii) of that paragraph>

Cathy Jamieson

26 In section 1, page 1, line 23, leave out <the adult> and insert <A>

Cathy Jamieson

27 In section 1, page 2, line 1, leave out <the adult’s> and insert <A’s>

Cathy Jamieson

28 In section 1, page 2, line 1, leave out <the child> and insert <B>

Cathy Jamieson

29 In section 1, page 2, line 2, leave out <the adult’s> and insert <A’s>

Cathy Jamieson

30 In section 1, page 2, line 2, leave out <the child> and insert <B>

Cathy Jamieson

31 In section 1, page 2, line 3, leave out <the child> and insert <B>

Cathy Jamieson

32 In section 1, page 2, line 4, leave out <the child> and insert <B>

Mrs Mary Mulligan

33 In section 1, page 2, line 9, after <travelling> insert <or making of arrangements>

 

Transport (Scotland) Bill – Stage 2

After section 37

Paul Martin

2A As an amendment to amendment 2, line 3, leave out <Rail Passengers’> and insert <Public Transport Users’>

Paul Martin

2B As an amendment to amendment 2, line 14, at end insert—

<() to the provision of bus services;

() to the provision of ferry services;>

Paul Martin

2C As an amendment to amendment 2, line 22, leave out <railway passenger services> and insert—

<() bus services;

() ferry services; or

() railway passenger services,>

Paul Martin

2D As an amendment to amendment 2, line 44, after <of> insert—

<() bus services;

() ferry services;

()>

Paul Martin

2E As an amendment to amendment 2, line 62, at end insert—

<“bus service” means any regular scheduled service for the carriage of passengers by bus or coach;

“ferry service” means any transport service by water (including such a service by means of a hovercraft) which carries passengers and operates regularly between two or more points;>

Further and Higher Education (Scotland) Bill – Stage 3

Section 7

Mr Jim Wallace

6 In section 7, page 4, leave out lines 1 to 4

Section 8

Mr Jim Wallace

7 In section 8, page 6, line 37, at end insert—

<(12B) The body known as the National Union of Students Scotland is to be consulted under subsection (12A)(b).

(12C) The Scottish Ministers may by order modify subsection (12B).>

Section 20

Mr Jim Wallace

8 In section 20, page 11, line 29, at end insert—

<() In exercising its functions, the Council is to—

(a) have regard to the desirability of the achieving of sustainable development; and

(b) in particular, encourage the fundable bodies to contribute (so far as reasonably practicable for them to do so) to the achievement of sustainable development.>

Section 22

Mr Jim Wallace

9 In section 22, page 12, line 25, leave out from <any> to <or> and insert—

<(a) a trade union which appears to it to be representative of staff of the fundable bodies; or

(b) a body of persons which appears to it to be representative of>

Before section 26

Mr Jim Wallace

10 Before section 26, insert—

<Academic freedom

(1) A fundable body must have regard to the desirability of—

(a) ensuring the academic freedom of relevant persons; and

(b) ensuring that the matters mentioned in subsection (2) are not adversely affected by the exercise of a relevant person’s academic freedom.

(2) Those matters are—

(a) the appointment held; and

(b) any entitlements or privileges enjoyed,

by the relevant person at the fundable body.

(3) In this section, a “relevant person” is a person who is engaged in—

(a) teaching, or the provision of learning, at a fundable body; or

(b) research at a fundable body.

(4) For the purposes of this section, “academic freedom” includes freedom (within the law) to—

(a) hold and express opinion;

(b) question and test established ideas and received wisdom; and

(c) present controversial or unpopular points of view.>

After section 27

Mr Jim Wallace

11 After section 27, insert—

<Use of certain property

(1) In section 25 (closure of colleges and dissolution of boards of management) of the 1992 Act—

(a) after subsection (1) there is inserted—

“(1A) An order made for the purpose mentioned in subsection (1)(a) above—

(a) shall include provision for the property and rights of the board of management to transfer to and vest in a charity; and

(b) may include provision for the liabilities and obligations of the board of management to transfer to and vest in the Scottish Ministers or such other body or person as may be specified in the order.

(1B) An order made for the purpose mentioned in subsection (1)(b) above may include provision—

(a) for the property and rights of the board of management to transfer to and vest in a charity; and

(b) for the liabilities and obligations of the board of management to transfer to and vest in the Scottish Ministers or such other body or person as may be specified in the order.”;

(b) in subsection (2), paragraph (a) is repealed;

(c) in subsection (7), for the words from “under” to “sub-paragraph” in the second place where it occurs there is substituted “as mentioned in subsection (1A) or (1B) above shall not contain provision for transferring and vesting property, rights, liabilities or obligations unless the body or person to whom the transfer is being made (apart from the Scottish Ministers)”; and

(d) after subsection (7) there is added—

“(8) All property and rights vested in a charity by virtue of an order as mentioned in subsection (1A) or (1B) above shall be applied for the purpose of the advancement of education.

(9) In this section, a “charity” means a body entered in the Scottish Charity Register.”.

(2) In section 47 (closure of institutions) of that Act—

(a) after subsection (1) there is inserted—

“(1A) An order under subsection (1) above—

(a) shall include provision for the property and rights of the institution to transfer to and vest in a charity; and

(b) may include provision for the liabilities and obligations of the institution to transfer to and vest in the Scottish Ministers or such other body or person as may be specified in the order.”;

(b) in subsection (2), paragraph (a) is repealed; and

(c) after subsection (7) there is added—

“(8) An order as mentioned in subsection (1A) above shall not contain provision for transferring and vesting property, rights, liabilities or obligations unless the body or person to whom the transfer is being made (apart from the Scottish Ministers) has consented to the transfer and vesting.

(9) All property and rights vested in a charity by virtue of an order as mentioned in subsection (1A) above shall be applied for the purpose of the advancement of education.

(10) In this section, a “charity” means a body entered in the Scottish Charity Register.”.>

Schedule 1

Mr Jim Wallace

12 In schedule 1, page 21, line 31, at end insert—

<10A(1) The Council must establish a committee (a “skills committee”) for the purposes of advising the Council on matters relating to skills.

(2) The Council is to appoint one of its members to chair meetings of the skills committee.

(3) In appointing members of the skills committee, the Council is to have regard to any guidance issued to it under sub-paragraph (4)(a).

(4) The Scottish Ministers may issue to the Council guidance about—

(a) the composition of the skills committee; and

(b) the committee’s functions.>

Mr Jim Wallace

13 In schedule 1, page 22, line 3, leave out <paragraph> and insert <paragraphs 10A(2) and (3) and>

Gaelic Language (Scotland) Bill– Stage 3

Section 1

Alex Neil

5 In section 1, page 1, line 14, at end insert—

<with a view to ensuring that it is treated on a basis of equal validity and respect with the English language,>

Alex Neil

6 In section 1, page 1, line 25, after <equal> insert <validity and>

Alex Neil

7 In section 1, page 1, line 25, leave out <to> and insert <with>

Schedule 1

Peter Peacock

8 In schedule 1, page 12, line 3, leave out <Scottish> and insert <relevant>

Section 2

Peter Peacock

9 In section 2, page 2, line 13, leave out <a> and insert <the most recent>

Peter Peacock

10 In section 2, page 2, line 15, leave out <under subsection (7)>

Peter Peacock

11 In section 2, page 2, line 17, at end insert—

<() Those proposals must include a strategy for promoting, and facilitating the promotion of—

(a) the use and understanding of the Gaelic language, and

(b) Gaelic education and Gaelic culture.>

Peter Peacock

12 In section 2, page 3, line 1, leave out subsection (7)

Section 3

Peter Peacock

13 In section 3, page 3, line 5, leave out <Scottish> and insert <relevant>

Peter Peacock

14 In section 3, page 3, line 14, leave out <a Scottish public> and insert <an>

Peter Peacock

15 In section 3, page 3, line 16, at end insert <(if any)>

Peter Peacock

16 In section 3, page 3, line 26, leave out <Scottish> and insert <relevant>

Peter Peacock

17 In section 3, page 3, line 32, leave out <Scottish> and insert <relevant>

Peter Peacock

18 In section 3, page 4, line 1, leave out <Scottish> and insert <relevant>

Peter Peacock

19 In section 3, page 4, line 6, leave out <Scottish public>

Section 4

Peter Peacock

20 In section 4, page 4, line 8, leave out <Scottish> and insert <relevant>

Peter Peacock

21 In section 4, page 4, line 25, leave out <Scottish> and insert <relevant>

Peter Peacock

22 In section 4, page 4, line 27, leave out <(3)(a)> and insert <(3)(za)>

Peter Peacock

23 In section 4, page 4, line 33, leave out <Scottish public>

Section 5

Peter Peacock

24 In section 5, page 4, line 37, leave out <Scottish> and insert <relevant>

Peter Peacock

25 In section 5, page 5, line 1, after <plan> insert <for the purposes of subsection (1)>

Peter Peacock

26 In section 5, page 5, line 4, leave out <Scottish public>

Peter Peacock

27 In section 5, page 5, line 17, leave out <Scottish public>

Peter Peacock

28 In section 5, page 5, line 30, leave out <Scottish public>

Peter Peacock

29 In section 5, page 5, line 37, leave out <Scottish public>

Peter Peacock

30 In section 5, page 5, line 39, after <it> insert <in such manner as it thinks fit (having regard to any guidance given by the Bòrd)>

Peter Peacock

31 In section 5, page 5, line 40, leave out <set out in it> and insert <in accordance with the plan>

Section 6

Peter Peacock

32 In section 6, page 6, line 3, leave out <Scottish> and insert <relevant>

Peter Peacock

33 In section 6, page 6, line 11, leave out <Scottish> and insert <relevant>

Peter Peacock

34 In section 6, page 6, line 17, leave out <Scottish public>

Peter Peacock

35 In section 6, page 6, line 20, leave out <Scottish public>

Section 7

Peter Peacock

36 In section 7, page 6, line 26, leave out <Scottish> and insert <relevant>

Peter Peacock

37 In section 7, page 6, line 35, leave out <Scottish> and insert <relevant>

Section 8

Peter Peacock

38 In section 8, page 7, line 3, leave out <Scottish> and insert <relevant>

Peter Peacock

39 In section 8, page 7, line 26, leave out <Scottish> and insert <relevant>

Section 9

Peter Peacock

40 In section 9, page 8, line 2, leave out from <any> to end of line 3 and insert—

<() any Gaelic language plan published by the authority under section 5(6) of the Gaelic Language (Scotland) Act 2005 (asp 00), and

() any guidance published by Bòrd na Gàidhlig under section 9 of that Act.”>

Section 10

Peter Peacock

41 In section 10, page 8, line 15, leave out from first <Scottish> to <include> in line 16 and insert <relevant public authority are to—

<() a Scottish public authority,

() so far as not falling within paragraph (a), a cross-border public authority (but only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters), and

()>

Peter Peacock

42 In section 10, page 8, line 18, leave out <Scottish> and insert <relevant>

Long Title

Peter Peacock

43 In the long title, page 1, line 2, after <Scotland> insert <commanding equal respect to the English language>

Peter Peacock

44 In the long title, page 1, line 3, leave out <Scottish>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

The Bills page of the Parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Alex Neil MSP: Proposed Commissioner for Older People (Scotland) Bill —Proposal for a Bill to establish a Commissioner for Older People with duties to protect and further their rights and interests. (lodged 13 April 2005)

A copy of the consultation paper together with copies of each response and a summary of all responses (including the conclusions drawn from those responses) is available in SPICe.

A copy of a statement of reasons lodged on 7 December 2004 is available in the Scottish Parliament Information Centre (SPICe).

The Equal Opportunities Committee indicated on 11 January 2005 that it was satisfied with those reasons.



An
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