Back to the Scottish Parliament Business Bulletin No.167/2005: Monday 21 November 2005
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

Contents An A B C D E F G H I J

Section G – Bills

New amendments to Bills lodged on 18 November 2005

Family Law (Scotland) Bill  – Stage 2

Schedule 1

Marlyn Glen

126     In schedule 1, page 20, line 16, at end insert <; and

(  )   in subsection (7)—

(i)     for the definition of “child of the family” there shall be substituted “means any child or grandchild of either partner, and any person who has been brought up or treated by either parent as if he or she were a child of that partner, whatever the age of such child, grandchild or person may be,

(ii)    in the definition of “family”, for “so accepted” there shall be substituted “, grandchild or person so treated”.>


Housing (Scotland) Bill – Stage 3

Section 10

Malcolm Chisholm

70       In section 10, page 5, line 15, at end insert—

<(c)   a strategy for improving the condition of houses by providing or arranging for the provision of assistance under Part 2 of the Housing (Scotland) Act 2005 (asp 00).”>

Section 11

Mary Scanlon

71       In section 11, page 5, leave out line 23 and insert—

<“(ca)complies with any relevant requirements for a satisfactory level of thermal performance having regard to the age, character and prospective life of the house, and the locality in which the house in situated,”,>

Section 12

Malcolm Chisholm

72       In section 12, page 6, line 17, leave out from <an> to <and> in line 19 and insert <of a house which is—

(i)     on land comprised in a lease constituting—

(A)  a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),

(B)  a short limited duration tenancy (within the meaning of that Act), or

(C)  a limited duration tenancy (within the meaning of that Act), and

(ii)    occupied by the tenant of the relevant lease,

(  )   a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c.44)), or

(  )   a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.

(  )>

Mary Scanlon

73       In section 12, page 6, line 18, at end insert <, or

( )    a tenancy let to a cottar (within the meaning of the Crofters (Scotland) Act 1993 (c.44)),>

Mary Scanlon

74       In section 12, page 6, line 18, at end insert <, or

( )    a croft (within the meaning of the Crofters (Scotland) Act 1993 (c.44)),>

Mary Scanlon

75       In section 12, page 6, line 18, at end insert <, or

( )    a limited duration or a short limited duration tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp11)),>

Mary Scanlon

76       In section 12, page 6, line 18, at end insert <, or

( )    a holding to which the Small Landholders (Scotland) Acts 1886 to 1931 apply,>

Section 22

Mary Scanlon

77       In section 22, page 9, line 34, at end insert <(including the tenant’s reasons for considering that the landlord has had a reasonable time to complete any work required to comply with the duty after becoming aware that such work was necessary).>

Mary Scanlon

78       In section 22, page 9, line 35, after <landlord> insert <, or the landlord has become aware,>

Mary Scanlon

79       In section 22, page 9, line 36, at end insert <and the landlord has failed to carry out that work within a reasonable time.>

Section 23

Christine Grahame

80       In section 23, page 10, line 15, at end insert—

<( )    Before making a decision under subsection (1), the president must consider any further written representations submitted to the panel by the parties, and may request further representations should the president consider this necessary to allow a decision to be made under that subsection.>

Christine Grahame

81       In section 23, page 10, line 15, at end insert—

<( )    Before making a decision under subsection (1), the president may propose to the parties that they resolve their dispute by mediation.>

Christine Grahame

82       In section 23, page 10, line 26, at beginning insert <after considering representations from them,>

Section 24

Mary Scanlon

83       In section 24, page 11, line 11, at end insert <; and in so considering the committee must have regard to—

(a)   the nature of the repair,

(b)   any deterioration in the condition of the house due to the tenant’s delay in notifying the landlord of the requirement for repair, and

(c)   the age, character and prospective life of the house, and the locality in which the house is situated.>

Section 155A

Malcolm Chisholm

84       In section 155A, page 91, line 7, at end insert—

<(  )     In section 101 (interpretation of Part 8), after subsection (1) insert—

“(1A)   This subsection applies where—

(a)   a person other than the owner of a house is the landlord in relation to a lease or occupancy arrangement by virtue of which another person uses the house as a dwelling, and

(b)   that other person is not a member of the family of the owner or of the person who is the landlord.

(1B)   Where subsection (1A) applies, both—

(a)   the person who is the landlord, and

(b)   any other person who acts for that person in relation to the lease or occupancy arrangement,

shall, for the purposes of this Part, be treated as having been appointed by the owner to act for, and as acting for, the owner in relation to a lease or occupancy arrangement by virtue of which a person who is not a member of the family of the owner may use the house as a dwelling.”>

Before section 155B

Karen Whitefield

85       Before section 155B, insert—

<Strategy for improving home energy efficiency

(1)     The Scottish Ministers must prepare a strategy for improving the energy efficiency of living accommodation.

(2)     The strategy may—

(a)   set out measures which the Scottish Ministers consider would improve the energy efficiency of living accommodation,

(b)   include an assessment of the extent to which the Scottish Ministers consider that carbon dioxide emissions into the atmosphere would be decreased as a result of taking those measures.

(3)     The Scottish Ministers must review the strategy from time to time and may, following such a review, revise it.

(4)     The Scottish Ministers must, within 5 years of the date on which—

(a)   the strategy is first published, or

(b)   a report was last laid under this subsection,

lay a report before the Scottish Parliament regarding the implementation of the strategy.

(5)     The Scottish Ministers must publish the strategy and any revisions to it in such manner as they think fit.

(6)     The strategy may be published separately or as part of a strategy for improving energy efficiency generally.>

After section 159

Frances Curran

1A      As an amendment to amendment 1, line 6, leave out <20> and insert <25>

Frances Curran

1B      As an amendment to amendment 1, line 7, at end insert <, and—

(  )   by 2020, increased by at least a further 25 per cent compared with the 2010 level.>

Frances Curran

1C      As an amendment to amendment 1, line 10, at end insert—

<(  )   Before drawing up the strategy, the Scottish Ministers must consult residents and tenants groups.>

Frances Curran

1D      As an amendment to amendment 1, line 14, at end insert <and includes accommodation, whether mobile or otherwise, used by gypsies or travellers on a permanent or temporary basis>

Schedule 5

Malcolm Chisholm

86       In schedule 5, page 118, line 23, at end insert—

<Home Energy Conservation Act 1995 (c.10)

In section 1 of the Home Energy Conservation Act 1995, in paragraph (aa)(ii) of the definition of “residential accommodation”, for the words from “a” to “1987” substitute “an HMO (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) which requires to be licensed under Part 4 of that Act”.>

Section 168

Mary Scanlon

87       In section 168, page 101, line 6 leave out <occupation of living accommodation by a person under> and insert <lease of living accommodation by a person ancillary to>

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.

Jamie McGrigor: Proposed National Register of Tartans Bill—Final proposal for a Bill to establish a national register of tartans (lodged 24 October 2005)

A summary of responses to consultation on the draft proposal, together with copies of each response, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Mary Scanlon, Margo MacDonald, John Scott, Margaret Mitchell, David McLetchie, Mr Brian Monteith, Derek Brownlee, Colin Fox, Mr David Davidson, Alex Johnstone, Mr Alasdair Morrison, Phil Gallie, Mr Ted Brocklebank, Mr Jamie Stone, Bill Aitken, Mr Kenny MacAskill, Mike Pringle, Lord James Douglas-Hamilton, John Farquhar Munro, Alex Fergusson, Mr Kenneth Macintosh, Miss Annabel Goldie, Mrs Nanette Milne, John Swinburne, Murdo Fraser, Donald Gorrie, Christine Grahame

Jeremy Purvis: Proposed Right to Die for the Terminally Ill Bill—Final proposal for a Bill to allow for a mentally capable, terminally ill adult the right to receive medical assistance to die (lodged 25 October 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, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Donald Gorrie, Nora Radcliffe, Andrew Arbuckle, Eleanor Scott, John Swinburne

Contents An A B C D E F G H I J