Contents page
 

 

BUSINESS BULLETIN 103 / 2000

Friday 16 June 2000

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

 

 

New amendments to Bills lodged on 15 June 2000

 

Ethical Standards in Public Life etc. (Scotland) Bill – Stage 3

Section 2

Ms Wendy Alexander

 

2 In section 2, page 2, line 16, leave out <20(2D)> and insert <20(2C)>

 

Section 3

Ms Wendy Alexander

 

3 In section 3, page 2, line 25, leave out from <three> to first <code> and insert <the stipulated time limit>

 

Ms Wendy Alexander

 

4 In section 3, page 2, line 27, at end insert—

<(1A) In subsection (1) above, the "stipulated time limit" is such time limit, being not earlier than three months after the making of the order under this subsection, as is stipulated in relation to each devolved public body by order made by Ministers.

(1B) Such an order shall be made by statutory instrument.

(1C) A statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.>

 

After section 5

Ms Wendy Alexander

 

5 After section 5, page 4, line 2, insert—

<Issue of guidance by Standards Commission

(1) The Commission shall issue guidance to councils and devolved public bodies on its relationship with them in the carrying out of its functions under this Act.

(2) Before issuing any such guidance, the Commission shall consult such association of local authorities and any such other bodies or persons as it thinks fit.>

 

Section 7

Ms Wendy Alexander

 

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

<( ) The Commission shall, in relation to those of its functions which affect matters within the functions of—

(a) the Accounts Commission for Scotland; or

(b) the Commissioner for Local Administration in Scotland,

consult that other Commission or, as the case may be, that Commissioner.>

 

Section 9

Ms Wendy Alexander

 

7 In section 9, page 5, line 16, after <shall> insert <, subject to subsection (2) below>

 

Ms Wendy Alexander

 

8 In section 9, page 5, line 17, at end insert—

<(2) The Commission shall not, however, direct the Chief Investigating Officer as to how that Officer carries out any investigation.>

 

Section 11

Ms Wendy Alexander

 

9 In section 11, page 5, line 30, at end insert—

<( ) If it appears to the Chief Investigating Officer that an investigation being carried out under this section will not be completed within three months of the date on which it began, that Officer shall, in writing, inform—

(a) the Commission;

(b) the councillor or member whose contravention, or possible or alleged contravention, of the councillors’ or, as the case may be, members’ code is the subject of the investigation; and

(c) the council or devolved public body,

of that fact.>

 

Section 16

Ms Wendy Alexander

 

10 In section 16, page 7, line 8, at end insert—

<(5A) A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.>

 

Section 18

Ms Wendy Alexander

 

11 In section 18, page 8, line 33, at end insert—

<(6A) The powers to remove and disqualify a person from membership of a devolved public body under subsections (4) and (5)(b) above are exercisable as respects that body only after the members’ code applicable to that body first has effect.>

 

Ms Wendy Alexander

 

12 In section 18, page 8, line 35, leave out <representative role of a> to <Councillor> and insert <extent to which a councillor should engage in activities (other than those mentioned in subsection (1)(b) above) which are, or may be perceived to be, the activities of a councillor>

 

Ms Wendy Alexander

 

13 In section 18, page 8, line 34, leave out from <in> to <associations,> in line 35 and insert <after consulting such association of local authorities and any such other bodies or persons as it thinks fit >

 

Section 18A

Ms Wendy Alexander

 

14 Leave out section 18A and insert—

<Duty of Commission to provide information

The members of the Commission who are to conduct a hearing under section 15(b) above, shall, before doing so, give written notice to the councillor or member of the devolved public body whose contravention, or possible or alleged contravention, of the councillors’ or, as the case may be, the members’ code is to be the subject of the hearing, of—

(a) the procedure to be followed at the hearing; and

(b) the sanctions which may be imposed following a finding of a contravention of the councillors’ or, as the case may be, the members’ code by that councillor or member.>

 

Section 19

Ms Wendy Alexander

 

15 In section 19, page 9, line 38, leave out subsection (11) and insert—

<(11) Where, but for suspension under this section—

(a) a councillor would be entitled to receive basic allowance and special responsibility allowance from the council: or

(b) a member of a devolved public body would be entitled to receive a salary or daily or other periodic allowance or other payment having the character of remuneration or an honorarium from the devolved public body,

the suspension under this section shall not affect that entitlement; but nothing in this subsection authorises the payment of reimbursement of travelling, subsistence or other allowances or expenses.

(12) In subsection (11) above "basic allowance" and "special responsibility allowance" are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).>

 

Section 20

Ms Wendy Alexander

 

16 In section 20, page 13, line 11, leave out <(4)> and insert <(2B)>

 

Ms Wendy Alexander

 

17 In section 20, page 13, line 12, leave out <(3)> and insert <(2D)>

 

Section 22

Ms Wendy Alexander

 

18 In section 22, page 15, line 12, after <2> insert <and this Part>

 

Section 23

Ms Wendy Alexander

 

19 Leave out section 23

 

After section 24

Ms Wendy Alexander

 

20 After section 24, insert—

<Modification of enactments etc.

(1) Ministers may, by order, make such modification as they consider necessary or expedient of any enactment or instrument governing the conduct of a councillor or a member of a devolved public body or the Water Industry Commissioner for Scotland or the tenure of office, suspension, removal from office, disqualification or discipline of any such person in order to make that enactment or instrument consistent with this Act and with the provisions of any code under it applicable to that person.

(2) An order under subsection (1) above shall be made by statutory instrument.

(3) No such order shall be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, the Scottish Parliament.>

 

Ms Wendy Alexander

 

21 After section 24, insert—

<Preservation of previous law and rules in relation to members of devolved public bodies

Subject to sections (Modification of enactments etc.) above and 27 below, nothing in this Act or in any code under it affects the continued operation in relation to a member of a devolved public body of any enactment or other provision governing the conduct of that member or that member’s tenure of office or the suspension, removal from membership, disqualification or discipline of that member.>

 

Ms Wendy Alexander

 

22 After section 24 insert—

<PART 3A

CODES OF CONDUCT FOR MEMBERS OF OTHER BODIES

<Codes of conduct for members of certain Scottish public authorities

(1) Ministers shall issue (and may revise or reissue) a code or codes in respect of the conduct of members of such Scottish public authorities as are specified by Ministers by order.

(2) Where Ministers issue more than one such code, those codes may provide differently in respect of the members of different such authorities.

(3) Ministers shall, when preparing provisions for a code under this section, have regard to the members’ model code.

(4) Ministers shall not, in an order under this section, specify any authority which is a devolved public body.

(5) Ministers may, in such an order, define "member" for the purposes of this section and may do so differently in relation to different authorities.

(6) It is the duty of a member of an authority to which a code under this section applies to have regard to the provisions of the code in the carrying out of the member’s functions and activities as such.

(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) In this section, "Ministers", "devolved public body" and "members’ model code" have the same meanings as in Parts 1 to 3 of this Act.>

 

Schedule 3

Ms Wendy Alexander

 

23 In schedule 3, page 21, leave out line 5

 

Ms Wendy Alexander

 

24 In schedule 3, page 21, leave out line 6

 

Ms Wendy Alexander

 

25 In schedule 3, page 21, leave out line 8

 

Ms Wendy Alexander

 

26 In schedule 3, page 21, leave out line 9 and insert—

<The controlling body of an area tourist board established under section 172 of the Local Government etc. (Scotland) Act 1994 (c.39)>

 

Ms Wendy Alexander

 

27 In schedule 3, page 21, leave out line 10

 

Ms Wendy Alexander

 

28 In schedule 3, page 21, leave out line 11

 

Ms Wendy Alexander

 

29 In schedule 3, page 21, leave out line 12

 

Ms Wendy Alexander

 

30 In schedule 3, page 21, leave out line 13

 

Ms Wendy Alexander

 

31 In schedule 3, page 21, leave out line 17

 

Ms Wendy Alexander

 

32 In schedule 3, page 21, leave out lines 18 and 19

 

Ms Wendy Alexander

 

33 In schedule 3, page 21, leave out line 23

 

Ms Wendy Alexander

 

34 In schedule 3, page 21, leave out line 24 and insert—

<The board of management within the meaning of subsection (1) of section 36 of the Further and Higher Education (Scotland) Act 1992 (c.37) of a college of further education within the meaning of that subsection>

 

Ms Wendy Alexander

 

35 In schedule 3, page 21, leave out line 25

 

Ms Wendy Alexander

 

36 In schedule 3, page 21, leave out line 26

 

Ms Wendy Alexander

 

37 In schedule 3, page 21, leave out line 27

 

Ms Wendy Alexander

 

38 In schedule 3, page 21, leave out line 32

 

Ms Wendy Alexander

 

39 In schedule 3, page 21, leave out line 34

 

Ms Wendy Alexander

 

40 In schedule 3, page 21, leave out line 35

 

Ms Wendy Alexander

 

41 In schedule 3, page 21, leave out line 36

 

Ms Wendy Alexander

 

42 In schedule 3, page 22, leave out line 1

 

Ms Wendy Alexander

 

43 In schedule 3, page 22, leave out line 2

 

Ms Wendy Alexander

 

44 In schedule 3, page 22, leave out line 3

 

Ms Wendy Alexander

 

45 In schedule 3, page 22, leave out line 4

 

Ms Wendy Alexander

 

46 In schedule 3, page 22, leave out line 5

 

Ms Wendy Alexander

 

47 In schedule 3, page 22, leave out line 6

 

Ms Wendy Alexander

 

48 In schedule 3, page 22, leave out line 8

 

Ms Wendy Alexander

 

49 In schedule 3, page 22, leave out line 9

 

Ms Wendy Alexander

 

50 In schedule 3, page 22, leave out line 18

 

Ms Wendy Alexander

 

51 In schedule 3, page 22, leave out line 19

 

Ms Wendy Alexander

 

52 In schedule 3, page 22, leave out line 20

 

Ms Wendy Alexander

 

53 In schedule 3, page 22, leave out line 22

 

Ms Wendy Alexander

 

54 In schedule 3, page 22, leave out line 23

 

Ms Wendy Alexander

 

55 In schedule 3, page 22, leave out line 24

 

Ms Wendy Alexander

 

56 In schedule 3, page 22, leave out line 25

 

Ms Wendy Alexander

 

57 In schedule 3, page 22, leave out line 26

 

Ms Wendy Alexander

 

58 In schedule 3, page 22, leave out line 27

 

Ms Wendy Alexander

 

59 In schedule 3, page 22, leave out line 29

 

Ms Wendy Alexander

 

60 In schedule 3, page 22, leave out line 32

 

Ms Wendy Alexander

 

61 In schedule 3, page 22, leave out line 34

 

Ms Wendy Alexander

 

62 In schedule 3, page 22, leave out line 35

 

Ms Wendy Alexander

 

63 In schedule 3, page 22, leave out line 37

 

Ms Wendy Alexander

 

64 In schedule 3, page 23, leave out line 3

 

Ms Wendy Alexander

 

65 In schedule 3, page 23, leave out line 7

 

Ms Wendy Alexander

 

66 In schedule 3, page 23, leave out line 12

 

Ms Wendy Alexander

 

67 In schedule 3, page 23, leave out line 13

 

Ms Wendy Alexander

 

68 In schedule 3, page 23, leave out line 19

 

Ms Wendy Alexander

 

69 In schedule 3, page 23, leave out line 20

 

Ms Wendy Alexander

 

70 In schedule 3, page 23, leave out lines 22 and 23

 

Ms Wendy Alexander

 

71 In schedule 3, page 23, leave out line 25

 

Ms Wendy Alexander

 

72 In schedule 3, page 23, leave out line 26

 

Ms Wendy Alexander

 

73 In schedule 3, page 23, leave out line 27

 

Ms Wendy Alexander

 

74 In schedule 3, page 23, leave out line 29

 

National Parks (Scotland) Bill – Stage 2

 

Section 33

Michael Russell

 

89A As an amendment to amendment 89, line 2, after <language> insert <, which shall include, in particular, the Gaelic and Scots languages>

 

Section 8

Robin Harper

 

130A As an amendment to amendment 130, line 2, leave out <and sustainability> and insert <, sustainability and participation>

 

Before section 25

Dr Sylvia Jackson

 

144 Before section 25, insert—

<Power to limit damaging activity

(1) The Scottish Ministers may by order, impose restrictions on any activities which, in their view, are causing or are likely to cause significant damage to the special qualities of a National Park and which are contrary to the National Park Plan or the National Park aims set out in section (National Park aims).

(2) An order under subsection (1) shall not be made until the Scottish Ministers have consulted with the National Park authority.>

 

Section 29

Tavish Scott

 

143A As an amendment to amendment 143, line 15, at end insert—

<but may not make any modifications which would lead to a reduction in the consultation with, or representation of—

(a) a local authority or community council, any part of whose area is within the area concerned, or

(b) such persons as appear to a reporter appointed under section 2(1), the Scottish Ministers, the relevant National Park authority or the relevant National Park Advisory Group to be representative of the interests of those who live, work, carry on business or engage in recreational activities within the area concerned>

 

Section 32

Dr Sylvia Jackson

 

145 In section 32, page 14, line 27, at end insert—

<( ) section (Power to limit damaging activity) (1)>

 

 

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.

Fergus Ewing: Proposed Registration of Scotland’s Land Bill—Proposal for a Bill to amend the Land Registration (Scotland) Act 1979 to make the registration of title to land compulsory in the circumstances set out in section 2 of that Act; to make the registration of title to land in other circumstances compulsory according to a timescale or timescales to be specified by order; and to require information regarding beneficial ownership of land to be displayed on the title sheet. (lodged 23 May 2000)

 

Supported by: Christine Grahame, Fiona Hyslop, Alex Neil, Michael Russell, Mrs Margaret Ewing, Bruce Crawford, Dr Winnie Ewing, Alasdair Morgan, Brian Adam, Mr Duncan Hamilton, Irene McGugan, Tricia Marwick, Mr Kenny MacAskill, Linda Fabiani

Mr Keith Harding: Proposed Dog Fouling Bill—Proposal for a Bill to amend the Civic Government (Scotland) Act 1982 to extend the offence of dog fouling so it applies to any person in charge of a dog who allows it to deposit excrement in any public place or fails to dispose appropriately of that excrement; and to give power to impose a fixed on-the-spot penalty for such an offence to specified persons such as traffic wardens, as well as police constables, without the requirement for a corroborating witness. (lodged 14 June 2000)

 

Supported by: Mr Jamie McGrigor, David Mundell, Mr Murray Tosh, David McLetchie, Alex Johnstone, Lord James Douglas-Hamilton, Mary Scanlon, Phil Gallie*

 

Contents page