Back to the Scottish Parliament Business Bulletin No. 177/2006: Wednesday 6 December 2006
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Section G – Bills

New amendments to Bills lodged on 5 December 2006

Adoption and Children (Scotland) Bill – Stage 3

The amendment below has been lodged as a manuscript amendment. The Presiding Officer has agreed, under Rule 9.10.6, to allow them to be moved at the meeting of the Parliament on 7 December.

Section 91B

Hugh Henry

153 In section 91B, page 51, line 34, at end insert—

<( ) If—

(a) the child in respect of whom an interim order is made is subject to a supervision requirement, and

(b) the provisions of the order conflict, or are otherwise inconsistent, with the requirement,

the provisions of the order prevail.>

Adult Support and Protection (Scotland) Bill – Stage 2

Section 3

Lewis Macdonald

2 [withdrawn]

3 [withdrawn]

Section 4

Lewis Macdonald

33 In section 4, page 2, line 26, leave out <and> and insert <or>

Lewis Macdonald

34 In section 4, page 2, line 30, leave out <person from abuse> and insert <person’s well-being, property or financial affairs.>

Lewis Macdonald

5 [withdrawn]

Section 5

Lewis Macdonald

35 In section 5, page 2, line 35, at end insert—

<( ) all councils,

( ) chief constables of police forces,>

Lewis Macdonald

36 In section 5, page 3, line 5, leave out <the council> and insert <a council making inquiries under section 4>

Lewis Macdonald

37 In section 5, page 3, line 7, leave out <to make inquiries under section 4> and insert <making those inquiries>

Lewis Macdonald

38 In section 5, page 3, line 14, after <council> insert <for the area in which it considers the person to be>

Schedule 1

Lewis Macdonald

39 In schedule 1, page 40, leave out line 5 and insert—

<The National Assistance Act 1948 is amended as follows—

(a) in section 26(4)—>

Lewis Macdonald

40 In schedule 1, page 40, line 7, at end insert—

<( ) in section 51—

(i) in subsection (1), for ", himself or any other person" substitute "him",

(ii) in subsection (3), after "conviction" insert "to imprisonment for a term not exceeding 3 months.".>

Schedule 2

Lewis Macdonald

41 In schedule 2, page 41, line 7, at end insert—

<In section 48(3), the words ", or from any person who for the purposes of this Act is liable to maintain him,".

In section 50(4), the words from "or" to "death".

In section 51(1), the words "or any person whom he is liable to maintain for the purposes of this Act".

In section 51(2), the words "or any other person".

In section 51(3), paragraphs (a) and (b).>

Lewis Macdonald

42 In schedule 2, page 41, line 13, at end insert—

<Law Reform (Parent and Child) Paragraph 5 of Schedule 1.
(Scotland) Act 1986 (c.9)>

Lewis Macdonald

43 In schedule 2, page 41, line 17, at end insert—

<Courts Act 2003 (c.39) Paragraph 80 of Schedule 8.>

Section 70

Lewis Macdonald

44 In section 70, page 38, leave out line 25

Transport and Works (Scotland) Bill – Stage 2

Section 3

Tavish Scott

1 In section 3, page 3, line 4, at end insert <or in right of Her private estates>

Tavish Scott

2 In section 3, page 3, line 15, at end insert—

<(bb) land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,>

Tavish Scott

3 In section 3, page 3, line 19, at end insert—

<( ) The references in subsections (3)(a) and (4)(bb) to Her Majesty’s private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).>

Section 4

Tavish Scott

4 In section 4, page 4, leave out line 21

Section 7

Tavish Scott

5 In section 7, page 6, line 5, after <issue> insert <(and whenever they do so are to publish)>

Tavish Scott

6 In section 7, page 6, line 9, at end insert—

<( ) The power to issue guidance under subsection (1) includes power to revoke or amend guidance issued under that subsection.>

Section 8

Tavish Scott

7 In section 8, page 7, line 13, at end insert—

<(7) Rules under this section may include provision that they are to apply, or to apply with such modifications as may be specified in the rules, to the making of representations as regards—

(a) an application under section 4, or

(b) a proposal to make an order by virtue of section 6,

as they apply to the making of objections to such an application or proposal.

(8) In subsection (7) and in section 9, "representations" does not include representations submitted by virtue of paragraph (c) or (d) of subsection (1).>

Section 9

Tavish Scott

8 In section 9, page 7, line 18, after <objection> insert <or representations>

Tavish Scott

9 In section 9, page 7, line 32, after <out,> insert—

<(ba) the Transport Partnership created under section 1(1)(b) of the Transport (Scotland) Act 2005 (asp 12) for a region in which any works authorised by the proposed order are to be carried out,

(bb) any navigation authority concerned with waters which would be affected by any works authorised by the proposed order,

(bc) where any works authorised by the proposed order would affect the construction or operation of a railway, Network Rail Infrastructure Limited,>

Tavish Scott

10 In section 9, page 7, line 36, at end insert—

<( ) In subsection (4)(bb), "navigation authority" means a person authorised by any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.>

Section 11

Donald Gorrie

11 In section 11, page 9, line 5, leave out subsection (6)

Section 12

Tavish Scott

12 In section 12, page 9, line 16, after <hearing,> insert—

<( ) to the local authority for any area, to the National Park authority for any National Park and to the Transport Partnership created under section 1(1)(b) of the Transport (Scotland) Act 2005 (asp 12) for any region, in which the proposals contained in the application, or as the case may be in the draft order prepared under section 6(3)(a), are or were intended to have effect,

( ) if the order relates, or as the case may be would have related, to the construction or operation of a railway, to the Office of Rail Regulation,>

Donald Gorrie

13 In section 12, page 9, line 31, after <based> insert—

<( ) must, where the determination is to make an order under section 1, intimate that the statutory instrument cannot come into force unless the Parliament, by resolution, approves it or, as the case may be, until the period for resolving to annul it has expired ,>

Donald Gorrie

14 In section 12, page 10, line 1, leave out subsection (3)

Tavish Scott

15 In section 12, page 10, line 11, leave out <was>

Tavish Scott

16 In section 12, page 10, line 12, at beginning insert <was>

Tavish Scott

17 In section 12, page 10, line 15, leave out <representation (other than an objection) which was> and insert <representations which>

Tavish Scott

18 In section 12, page 10, line 16, leave out <duly made to them> and insert <were made in accordance with rules under section 8>

Tavish Scott

19 In section 12, page 11, line 10, leave out <a representation> and insert <representations>

Donald Gorrie

20 In section 12, page 11, line 26, leave out from beginning to <(16),> in line 1 of page 12 and insert <to deposit with each relevant authority in whose area works authorised by the order are to be carried out—

(a) a copy of the order, and

(b) a copy of any plan or book of reference prepared in connection with the application, or as the case may be in connection with the proposal to make the order (or of so much of the documents as is relevant to the carrying out of those works in the area of the authority in question).

( ) A relevant authority are (or as the case may be is) to make available for inspection by any person, free of charge at all reasonable hours, any documents deposited under subsection (13) with the authority.

( ) In this section,>

Tavish Scott

21 In section 12, page 11, line 36, leave out <to which section 13(3) applies> and insert <which falls to be laid before the Parliament under section 13(3)(a)>

Section 13

Tavish Scott

22 In section 13, page 12, line 9, after <development,> insert—

<(aa) the order includes provision adding to, replacing or omitting any part of the text of a Private Act of the Parliament,>

Tavish Scott

23 In section 13, page 12, line 11, leave out from <subsection> to <is> and insert <subsections (1) and (6), references to a "national development" are>

Tavish Scott

24 In section 13, page 12, line 20, at end insert—

<( ) Where a plan or book of reference is revised before the order is made, the reference in subsection (3)(a) is to the later (or as the case may be the latest) version.>

Tavish Scott

25 In section 13, page 12, line 34, leave out from <subsection> to end of line 35 and insert <paragraph (a) of subsection (3) is subject to the procedure in that subsection only if—

( ) the order authorises the carrying out of work which would constitute a national development (other than a national development to which the instrument revoked, amended or re-enacted relates),

( ) the order includes provision such as is mentioned in subsection (1)(aa), or

( ) the Scottish Ministers so direct.>

Donald Gorrie

26 Leave out section 13 and insert—

<Section 1 orders: Parliamentary procedure

(1) A statutory instrument containing an order under section 1 is to be laid before the Parliament together with a copy of any plan or book of reference prepared in connection with the application (or as the case may be in connection with the proposal to make the order).

(2) Where a plan or book of reference is revised before the order is made, the reference in subsection (1) is to the later (or as the case may be latest) version.

(3) If the order—

(a) authorises the carrying out of work which would constitute a national development, or

(b) the Scottish Ministers so direct,

the statutory instrument containing the order cannot come into force unless the Parliament, by resolution, approves the instrument.

(4) Otherwise, the statutory instrument containing the order is subject to annulment in pursuance of a resolution of the Parliament, and cannot come into force until after the period for passing such a resolution has expired.

(5) As soon as practicable after—

(a) the Parliament has decided whether or not to approve the instrument, or

(b) the Parliament has resolved to annul the instrument or the period for passing such a resolution has expired without the Parliament so resolving,

the Scottish Ministers are to publish a notice in the Edinburgh Gazette, and in a local newspaper circulating in the area (or each of the areas) in which the provisions of the order in question will have, or would have had, effect.

(6) A notice under subsection (5)—

(a) must state whether or not the Parliament has passed a resolution approving the instrument or, as the case may be, a resolution to annul the instrument, and

(b) where the Parliament has passed a resolution approving the instrument or the period for passing a resolution to annul it has expired without the Parliament so resolving, must give information regarding—

(i) when the order will come into force, and

(ii) the right to challenge the validity of the order and the procedures for doing so.

(7) An instrument containing an order which revokes, amends or re-enacts an instrument to which subsection (3) applied is subject to annulment in pursuance of a resolution of the Parliament.

(8) In subsection (3), the reference to a "national development" is to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997 (c.8)) for the time being designated under section 3A(4)(b) of that Act (which relates to the content of the National Planning Framework) as a national development.>

Section 14

Tavish Scott

27 In section 14, page 13, line 21, after <procedure> insert <relating to the proposal made>

Section 17

Tavish Scott

28 In section 17, page 14, line 37, leave out subsection (3) and insert—

<(3) In construing subsection (2) for the purposes of its application to the British Waterways Board, the requirements for consent in section 17(1) and (1A) of the Transport Act 1962 (c.46) (power to promote and oppose Bills) are to be disregarded.>

After section 18

Tavish Scott

29 After section 18, insert—

<Acquisition of land by agreement

(1) Subject to subsection (4), a promoter may acquire land by agreement if—

(a) the enjoyment of it is seriously affected by—

(i) the carrying out of works authorised by an order under section 1, or

(ii) the operation of a transport system or inland waterway authorised by such an order, and

(b) the interest of the seller is a qualifying interest.

(2) A promoter who proposes to carry out on relevant land works authorised by an order under section 1 may acquire land by agreement if—

(a) the enjoyment of it will be seriously affected by—

(i) the carrying out of the works, or

(ii) the operation of the transport system or inland waterway to which the works relate, and

(b) the interest of the seller is a qualifying interest.

(3) An interest is a qualifying interest for the purposes of subsections (1) and (2) if it is an interest such as is mentioned in subsection (2) of section 100 of the 1997 Act (interests qualifying for protection under blight provisions), references in that section to the date of service of a notice under section 101 of that Act being taken, for those purposes, to be references to the date on which the agreement for the acquisition is made.

(4) The power conferred by—

(a) subsection (1)(a)(i) is not exercisable unless the agreement for the acquisition is made before the date on which operation of the transport system or inland waterway to which the works relate commences, and

(b) subsection (1)(a)(ii) is not exercisable unless the agreement for the acquisition is made no later than one year after that date.

(5) This section applies only where a promoter would not, apart from this section, have power to acquire land as mentioned in subsections (1) and (2).

(6) In this section—

"the 1997 Act" means the Town and Country Planning (Scotland) Act 1997 (c.8),

"promoter" means any person authorised by an order under section 1 to carry out works or operate a transport system or inland waterway,

"relevant land" means land such as is mentioned in Schedule 14 to the 1997 Act.

(7) In the Land Compensation (Scotland) Act 1973 (c.56)—

(a) at the end of section 24(6) (acquisition of land in connection with public works) add "or authorised by an order under section 1 of the Transport and Works (Scotland) Act 2007", and

(b) at the end of section 25(5) (execution of works in connection with public works) add "or any works authorised by an order under section 1 of the Transport and Works (Scotland) Act 2007".>

Section 23

Tavish Scott

30 In section 23, page 19, line 27, leave out from first <or> to <question> in line 31 and insert <under section 5 of this Act directing that a road proposed to be constructed shall be a trunk road and the construction of the road would constitute a national development,

( ) contains or confirms a scheme under section 7 of this Act which>

Tavish Scott

31 In section 23, page 19, line 33, leave out <the instrument>

Tavish Scott

32 In section 23, page 19, line 35, leave out from <paragraph> to <is> in line 36 and insert <subsection (1) above, the references to a "national development" are>

Tavish Scott

33 In section 23, page 20, line 3, at end insert—

<(5) Unless the Scottish Ministers otherwise direct, an instrument containing or confirming an order or scheme which revokes, amends or re-enacts an instrument laid before the Scottish Parliament under paragraph (a) of subsection (4) above is not subject to the procedure in that subsection.".

( ) In section 144(1) (regulations for procedure in schemes and orders), for the words "section 143" substitute "sections 143 and 143A".

( ) In Schedule 1 (procedure for making or confirming certain orders and schemes)—

(a) after sub-paragraph (1B) of paragraph 7, insert—

"(1BA) Where—

(a) the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and

(b) the statutory instrument giving effect to that decision is to be laid before the Scottish Parliament under section 143A(4)(a) of this Act,

they shall publish together with the decision a statement to the effect that the instrument cannot come into force until the Scottish Parliament, by resolution, approves it.", and

(b) after sub-paragraph (1B) of paragraph 13, insert—

"(1BA) Where—

(a) the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and

(b) the statutory instrument giving effect to that decision is to be laid before the Scottish Parliament under section 143A(4)(a) of this Act,

they shall publish together with the decision a statement to the effect that the instrument cannot come into force until the Scottish Parliament, by resolution, approves it.".>

Section 24

Tavish Scott

34 In section 24, page 21, line 13, leave out from <paragraph> to <is> in line 14 and insert <subsection (2) above and subsection (5) below, references to a "national development" are>

Tavish Scott

35 In section 24, page 21, line 22, leave out from <subsection> to end of line 24 and insert <paragraph (a) of subsection (4) above is subject to the procedure in that subsection only if—

(a) the order authorises the carrying out of work which would constitute a national development (other than a national development to which the instrument revoked, amended or re-enacted relates), or

(b) the Scottish Ministers so direct.".>

Tavish Scott

36 In section 24, page 21, line 24, at end insert—

<( ) In section 57(1) (interpretation), at the appropriate places insert—

""Act" means an Act of Parliament or an Act of the Scottish Parliament;", and

""enactment" includes an Act of the Scottish Parliament or an instrument made under such an Act;".>

Tavish Scott

37 In section 24, page 21, line 25, at end insert—

<( ) in sub-paragraph (1D) of paragraph 18, after head (a) insert—

"(aa) the harbour authority;",>

Tavish Scott

38 In section 24, page 22, line 6, at end insert—

<( ) in sub-paragraph (4) of paragraph 28—

(i) in head (a), after "situated" add "or by the harbour authority", and

(ii) in head (b), after "council" insert "or the authority",>

Tavish Scott

39 In section 24, page 22, line 17, leave out <3(5)> and insert <3>

Tavish Scott

40 In section 24, page 22, line 18, at end insert—

<( ) in sub-paragraph (5)—

( ) after the word "further" insert "and subject to sub-paragraph (5A) below",>

Tavish Scott

41 In section 24, page 22, line 25, at end insert <and

( ) after that sub-paragraph, insert—

"(5A) The Scottish Ministers are not to cause to be considered by way of written representations under sub-paragraph (5)(c) above an objection made by a harbour authority on whom a copy of the scheme was served under paragraph 2(d) above.".>

Section 25

Tavish Scott

42 In section 25, page 23, line 28, at end insert—

<(5A) Subsections (2) and (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) (attendance and evidence at, and expenses of, inquiries) apply to an inquiry held under subsection (4)(a) or (5)(a) above as they apply to a local inquiry under that Act.

(5B) Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act 1973 apply to a hearing held under subsection (4)(b) or (5)(b) as they apply to a local inquiry under that Act.>

Section 26

Tavish Scott

43 In section 26, page 24, line 17, leave out from <eligible> to <adversely> in line 18 and insert <a qualifying interest in land where the use and enjoyment of that land are, or may be, seriously>

Tavish Scott

44 In section 26, page 24, leave out lines 30 to 35 and insert—

<(1B) An interest in land is a qualifying interest for the purposes of subsection (1A) if it is an interest such as is mentioned in subsection (2) of section 100 of the Town and Country Planning (Scotland) Act 1997 (c.8) (interests qualifying for protection under blight provisions), references in that section to the date of service of a notice under section 101 of that Act being taken, for those purposes, to be references to the date on which the agreement for the acquisition is made.".>

Section 27

Tavish Scott

45 In section 27, page 25, line 12, leave out <18(1)> and insert <12(18), 18(1) or 29(3)>

Tavish Scott

46 In section 27, page 25, line 34, after <purposes,> insert—

<( ) may be exercised so as to make provision for the delegation of functions,>

Tavish Scott

47 In section 27, page 26, line 4, leave out subsection (8)

Schedule 2

Tavish Scott

48 In schedule 2, page 28, line 9, leave out paragraph 5

Section 29

Tavish Scott

49 In section 29, page 26, line 17, leave out <comes into force on> and insert <and section 27 come into force on the day after>

Tavish Scott

50 In section 29, page 26, line 17, at end insert—

<( ) Section 26 comes into force at the end of the period of two months beginning with the date of Royal Assent.>

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