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BUSINESS BULLETIN 85 / 2000

Friday 19 May 2000

Section G - Bills, amendments to Bills and proposals for members’ Bills

 

New amendments lodged on 18 May 2000

 

Ethical Standards in Public Life etc. (Scotland) Bill – Stage 2

 

After section 19

Ms Wendy Alexander

 

124 After section 19, insert—

<Appeals from Commission

(1) A councillor or member of a devolved public body—

(a) who is the subject of a finding under section 17 above of a contravention of the councillors’ or, as the case may be, the members’ code;

(b) on whom a sanction under section 18(1)(b) to (d), (4) or (5) above has been imposed; or

(c) who has been suspended under section 19(2) above,

may appeal to the sheriff principal of the sheriffdom in which the relevant council or devolved public body has its principal office.

(2) The relevant council or, as the case may be, devolved public body is—

(a) in the case, where—

(i) a finding of a contravention of the councillors’ or the members’ code has been made under section 17 above;

(ii) a sanction under section 18(1) above has been imposed following such a finding;

(iii) a sanction under section 18(4) or (5) above has been imposed following such a finding,

the council or devolved public body to which the finding relates;

(b) where suspension under section 19(2) above has been imposed, the council or devolved public body from which the councillor or member has been suspended;

(c) where the appeal is in respect of findings which relate to more than one council or devolved public body, any one of those councils or devolved public bodies.

(3) An appeal—

(a) under subsection (1)(a) above may be made on one or more of the following grounds—

(i) that the Commission’s finding was based on an error of law;

(ii) that there has been procedural impropriety in the conduct of any hearing held under section 15(b) above;

(iii) that the Commission has acted unreasonably in the exercise of its discretion;

(iv) that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b) under subsection (1)(b) above, may be made on one or more of the following grounds—

(i) that the sanction imposed was excessive;

(ii) that the Commission has acted unreasonably in the exercise of its discretion;

(c) under subsection (1)(c) above, may be made only on the ground that the Commission, in the exercise of its discretion, acted unreasonably.

(4) An appeal under subsection (1) above shall be lodged within 21 days of—

(a) the sending of the finding under section 17 above to the councillor or member;

(b) the imposition of the sanction under section 18[(1)] above; or, as the case may be,

(c) the imposition of the suspension under section 19(2) above.

(5) A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(6) The sheriff principal may—

(a) in an appeal under subsection (1)(a) above—

(i) confirm the finding under section 17 above;

(ii) quash the finding;

(iii) quash the finding and remit the matter to the Commission to reconsider its decision;

(b) in an appeal under subsection (1)(b) above—

(i) confirm the sanction;

(ii) quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c) in an appeal under subsection (1)(c) above, quash the suspension;

(d) award expenses.

(7) The decision of the sheriff principal in an appeal under subsection (1) above shall be final.

(8) The Commission may be a party to an appeal under subsection (1) above.>

 

Ms Wendy Alexander

 

125 After section 19, insert—

<Special provision for enforcement and suspension in case of Crown appointments

(1) Sections 18, 19(2) and (Appeals from Commission) above do not apply in the case of members of devolved public bodies who have been appointed by Her Majesty.

(2) Where the members of the Commission conducting a hearing under section 15(b) above find that a member of a devolved public body so appointed has contravened the members’ code they shall submit to the First Minister a recommendation under subsection (3) below.

(3) That recommendation is that there be imposed on the member such sanction as is specified in the recommendation (being one of those which may be imposed under subsection (1) of section 18 above on a member of a devolved public body who has been appointed otherwise than by Her Majesty) together with any such direction as is so specified (being one of those which may be made under that section in respect of such a member).

(4) A recommendation under subsection (3) above having been made, Her Majesty may, on the advice of the First Minister—

(a) impose on the member who is the subject of the recommendation any sanction; and

(b) in that respect, make any direction,

which could, under section 18 above, be imposed on or made in respect of a member of a devolved public body who was appointed otherwise than by Her Majesty.

(5) Where the Chief Investigating Officer submits an interim report under section 19(1) above in respect of a contravention of the members’ code by a member of a devolved public body who has been appointed by Her Majesty, the Commission may submit to the First Minister a recommendation under subsection (6) below.

(6) That recommendation is that the member be suspended from the entitlement set out in section 18(1)(b) above for a period not exceeding three months.

(7) A recommendation under subsection (6) above having been made, Her Majesty may, on the advice of the First Minister, impose any suspension on a member who is the subject of the recommendation which could, under section 19 above, be imposed on a member of a devolved public body who was appointed otherwise than by Her Majesty.

(8) A period of suspension imposed under subsection (7) above ends upon—

(a) the issue of findings under section 17 above that the member has not contravened the members’ code;

(b) the imposition of a sanction under this section; or, as the case may be,

(c) a decision by the Commission under section 15(c) above not to hold a hearing.

(9) On the expiry (otherwise than by operation of subsection (8) above) of a period of suspension it may be renewed by Her Majesty, on the advice of the First Minister, for a period not exceeding three months and a renewed period may likewise be further renewed.>

 

Ms Wendy Alexander

 

126 In substitution for amendment 63—

After section 19 insert—

<Special provision for employee and ex officio members of devolved public bodies

(1) Sections 15 to 18, 19 (other than subsection (1)) and (Appeals from Commission) of this Act do not apply in the case of a member of a devolved public body—

(a) who is also an employee; or

(b) who is an ex officio member,

of the body.

(2) On receiving—

(a) a report under section 13 above; or

(b) an interim report under section 19(1) above,

relating to such a member, the Commission shall send it to the devolved public body.>

 

After section 20

Ms Wendy Alexander

 

127 After section 20, insert—

<Appeals by Water Industry Commissioner

(1) If the Water Industry Commissioner for Scotland—

(a) is the subject of a finding under section 17 above of a contravention of the Water Commissioner’s code issued under section 20 above;

(b) is made subject to a sanction under section 20(6) and (7) above,

the Commissioner may appeal to the sheriff principal of the sheriffdom in which the principal office of the Commissioner is situated.

(2) An appeal—

(a) under subsection (1)(a) above may be made on one or more of the following grounds—

(i) that the Commission’s finding was based on an error of law;

(ii) that there has been procedural impropriety in the conduct of any hearing held under section 15(b) above;

(iii) that the Commission has acted unreasonably in the exercise of its discretion;

(iv) that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b) under subsection (1)(b) above may be made on one or both of the following grounds—

(i) that the sanction imposed was excessive;

(ii) that the Commission has acted unreasonably in the exercise of its discretion.

(3) An appeal under subsection (1) above shall be lodged within 21 days of—

(a) the sending of the finding under section 17 above to the Commissioner; or

(b) the imposition of the sanction under section 20(6) above.

(4) A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(5) The sheriff principal may—

(a) in an appeal under subsection (1)(a) above—

(i) confirm the finding under section 17 above;

(ii) quash the finding;

(iii) quash the finding and remit the matter to the Commission to reconsider its decision;

(b) in an appeal under subsection (1)(b) above—

(i) confirm the sanction;

(ii) quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c) award expenses.

(6) The decision of the sheriff principal in an appeal under subsection (1) above shall be final.

(7) The Commission may be a party to any appeal under subsection (1) above.>

 

Section 22

Ms Wendy Alexander

 

128 In section 22, page 10, leave out lines 17 to 22

 

Schedule 3

Mr Keith Harding

 

129 In schedule 3, page 15, line 32, at end insert—

<Caledonian MacBrayne Limited>

 

Mr Keith Harding

 

130 In schedule 3, page 15, line 35, at end insert—

<Companies recreational trusts established or managed by, or on behalf of, a local authority or a devolved public body>

 

Mr Keith Harding

 

131 In schedule 3, page 16, line 4, at end insert—

<Highlands and Islands Airports Limited>

 

Mr Keith Harding

 

132 In schedule 3, page 16, line 14, at end insert—

<Scottish Agricultural and Biological Institutes>

 

Mr Kenneth Gibson

Supported by: Donald Gorrie

 

133 In schedule 3, page 16, line 17, at end insert—

<Scottish Consultative Council on the Curriculum>

 

Mr Keith Harding

 

134 In schedule 3, page 16, line 33, at end insert—

<Scottish Transport Group>

 

After section 24

Mr Keith Harding

 

135 After section 24, insert—

<Exemption from liability for unlawful expenditure or wrongful accounting

(1) In section 103 (action by Commission on reports by Controller of Audit) of the Local Government (Scotland) Act 1973 (c.63), subsections (3)(a) and (4) are repealed

(2) In section 104 of that Act, subsections (3), (4) and (5) are repealed.>

 

Section 26

Mr Michael McMahon

 

136 In section 26, page 12, line 4, after development insert—

<( ) the important place of marriage in society, and in raising children;

( ) the importance of avoiding intolerance, stigmatization and stereotyping of alternative family units;>

 

Proposals for Members’ Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters’ names shown in bold. The member who lodged such a proposal has the right to introduce a Member’s Bill to give effect to that proposal under rule 9.14.

Alex Neil: Proposed Bank Arrestment (Scotland) Bill—Proposal for a Bill to provide safeguards for debtors with bank accounts by restricting the extent to which an arrestment attaches to monies in bank accounts; and by providing a new sheriff court procedure, to be known as an arrestment restriction order, whereby a debtor may apply to the sheriff for an order releasing monies from arrestment (lodged 26 April 2000)

Supported by: Tommy Sheridan, Mr John McAllion, Michael Matheson, Ms Margo MacDonald, Dorothy-Grace Elder, Andrew Wilson, Fergus Ewing, Linda Fabiani, Brian Adam, Ms Sandra White, Robin Harper, Shona Robison, Christine Grahame, Mr Kenneth Gibson, Kay Ullrich


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