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BUSINESS BULLETIN 168 / 2000

Tuesday 7 November 2000

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

 

 

 

New amendments to Bills lodged on 6 November 2000

Transport (Scotland) Bill - Stage 2

Section 40

Des McNulty

221 In section 40, page 23, line 28, after <of> insert-

<(a) trunk roads which-

(i) pass through a city, or other predominantly built-up area;

(ii) have been approved by the Scottish Ministers for inclusion in such a scheme; and

(iii) are required to be included in the scheme to meet the conditions set out in subsection (3); and

(b)>

Bruce Crawford

222 In section 40, page 23, line 34, at end insert-

<( ) A charging scheme in relation to a road for which the Scottish Ministers are the traffic authority may be made where-

(a) the Scottish Ministers are requested to do so by a local authority in whose area the road or part of the road is situated, or whose area is adjacent to such a road or part of a road; and

(b) that local authority has a charging scheme under subsection (1) in place or is proposing such a scheme.>

Section 43

Sarah Boyack

223 In section 43, page 24, line 32, at beginning insert <Before an order making, varying or revoking a charging scheme is made,>

Sarah Boyack

224 In section 43, page 24, line 32, after <jointly)> insert-

<( ) shall consult such persons as may be specified in regulations made under section 41(3) of this Act; and>

Sarah Boyack

225 In section 43, page 24, line 32, leave out from <at> to <persons> in line 33 and insert <consult such other persons as they think fit,>

Sarah Boyack

226 In section 43, page 25, line 6, at end insert-

<( ) The charging authority or charging authorities (acting jointly)-

(a) may cause an inquiry to be held in relation to a charging scheme proposed to be made by them, or the proposed variation or proposed revocation of a charging scheme made by them; and

(b) may appoint the person or persons by whom such an inquiry is to be held.>

Sarah Boyack

227 In section 43, page 25, line 6, at end insert-

<( ) Without prejudice to the generality of subsection (3) above, the Scottish Ministers may by regulations specify circumstances in which a charging authority or charging authorities (acting jointly) shall cause an inquiry to be held in relation to a charging scheme proposed to be made by them, or the proposed variation or proposed revocation of a charging scheme made by them.>

Sarah Boyack

228 In section 43, page 25, line 7, leave out <(4)> and insert <(3)>

Section 44

Sarah Boyack

229 In section 44, page 25, line 31, after <travelled> insert-

<( ) different purposes for which motor vehicles are being used;

( ) different numbers of occupants;>

Donald Gorrie

230 In section 44, page 26, line 2, at end insert-

<( ) The Scottish Ministers may introduce a charging scheme in relation to a trunk road or part of a trunk road where-

(a) a charging authority or charging authorities (acting jointly) has requested them to do so: and

(b) they are convinced that such a charge will or is likely to ensure the viability and effectiveness of a scheme under section 40(1) of this Act.>

Section 45

Sarah Boyack

231 In section 45, page 26, line 5, at end insert <or

( ) the application of reduced rates of charges.>

Section 47

Sarah Boyack

232 In section 47, page 27, line 17, after <with> insert-

<(a)>

Sarah Boyack

233 In section 47, page 27, line 20, at end insert-

<(b) conferring on a person on whom power to enter a motor vehicle has been conferred by virtue of paragraph (a) above power to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 46(4) or (5) of this Act.>

Sarah Boyack

234 In section 47, page 27, line 27, at end insert-

<( ) the fixing of notices to motor vehicles to which an immobilisation device has been fitted;>

Sarah Boyack

235 In section 47, page 27, leave out lines 31 and 32 and insert-

<( ) the sale or destruction of motor vehicles not released.>

Sarah Boyack

236 In section 47, page 27, line 32, at end insert-

<( ) Any person who removes or interferes with a notice fixed to a motor vehicle in accordance with provision included in a charging scheme by virtue of subsection (4) above in contravention of such provision shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

( ) Any person who removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme by virtue of subsection (4) above in contravention of such provision shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

( ) Any person who intentionally obstructs a person exercising any power conferred by provision included in a charging scheme by virtue of subsection (4) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.>

Section 56

Mr Murray Tosh

237 In substitution for amendment 187

In section 56, page 32, line 8, at end insert <and;

<( ) specify the circumstances in which a parking place shall be deemed to have been taken out of use and, in such circumstances, how a consequent reduction in charges shall be calculated and administered.>

Mr Murray Tosh

238 In substitution for amendment 181

In section 56, page 32, line 18, at end insert-

<and where different charges are imposed for different numbers of licensed units, the scheme shall specify minimum thresholds for the commencement of charging.>

Section 57

Mr Murray Tosh

239 In substitution for amendment 185-

In section 57, page 32, line 32, at beginning insert-

<(A1) The following are exempt from licensing-

(a) premises with fewer than whatever number of car parking spaces is specified for the purpose by the Scottish Ministers by order; and

(b) businesses with a green commuter plan, where a "green commuter plan" is a plan to encourage employees to travel to and from work in a manner consistent with protection of the environment which conforms to regulations about such plans made by the Scottish Ministers.

(A2 ) Regulations made under subsection (A1)(b) shall not limit the ability of businesses to make green commuter plans according to the size of the business, whether that is measured according to turnover, number of employees or any other measure.>

After section 60

Robin Harper

240 After section 60, insert-

<Retail parking licensing schemes

Public parking places at business premises51

    1. (1)A licensing scheme may be made (1)by a local traffic authority or(1) by two or more such authorities acting jointly.
    2. (2)A licensing scheme may cover the whole or any part of the area, or combined area, of the licensing authority or authorities.
    3. A licensing scheme may be made only if-
      1. the licensing authority, or each of the licensing authorities, proposing to make the scheme have a local transport strategy;
      2. the scheme appears desirable to the authority, or each of them, for the purpose of directly or indirectly facilitating the achievement of policies in their strategy; and
      3. the scheme has been sent in draft to, and approved by, the Scottish Ministers.

    4. (4)A licence relating to premises shall cover the provision at the premises of the number of public parking places requested by the applicant for the licence.
    5. Charges imposed in respect of any premises by a licensing scheme shall be paid-
      1. by the occupier of the premises; or
      2. in such circumstances as the Scottish Ministers may by regulations specify, by such other person as may be so specified.

(6) The Scottish Ministers may, by regulations, make further provision about public parking places at business premises, including, in particular, provision relating to-

(a) the means by which the number of public parking places at business premises is to be calculated:

(b) making, varying and revoking of orders for licensing schemes;

(c) confirmation of such orders by the Scottish Ministers;

(d) consultation and inquiries on licensing schemes;

(e) matters to be dealt with in licensing schemes;

(f) the content of and conditions attaching to licenses;

(g) penalties and liability for charges payable on a license; and

(h) inspection of premises by authorised persons.

(7) (6)In this section-

(6)"licence" means a licence under a licensing scheme;

(6)"licensing authority", in relation to a licensing scheme made or proposed to be made by one authority, means the authority by which the licensing scheme is or is proposed to be made;

"licensing authorities", in relation to a licensing scheme made or proposed to be made jointly by more than one authority, means the authorities by which the licensing scheme is or is proposed to be made; and

"licensing scheme" means a scheme for imposing charges in respect of the provision of public parking places at business premises in the area covered by the scheme to be paid on licences covering the provision of a maximum number of such parking places at the premises.>

Schedule 1

Sarah Boyack

241 In schedule 1, page 45, line 8, leave out <relevant> and insert <charging>

Sarah Boyack

242 In schedule 1, page 45, line 8, leave out <expenses of operating the scheme> and insert <relevant expenses>

Sarah Boyack

243 In schedule 1, page 45, leave out lines 10 to 14

Sarah Boyack

244 In schedule 1, page 45, line 14, at end insert-

<"relevant expenses" means such of the expenses of making or operating a charging scheme as may be determined in accordance with regulations made by the Scottish Ministers;>

Sarah Boyack

245 In schedule 1, page 45, line 16, leave out paragraph 2

Sarah Boyack

246 In schedule 1, page 45, line 16, leave out <relevant> and insert <charging>

Sarah Boyack

247 In schedule 1, page 45, line 26, leave out <relevant> and insert <charging>

Sarah Boyack

248 In schedule 1, page 45, line 27, leave out <the relevant> and insert <(or among) those>

Sarah Boyack

249 In schedule 1, page 45, line 28, leave out <relevant> and insert <charging>

Sarah Boyack

250 In schedule 1, page 45, line 36, leave out first <relevant> and insert <charging>

Sarah Boyack

251 In schedule 1, page 45, line 36, leave out second <relevant> and insert <charging>

Sarah Boyack

252 In schedule 1, page 45, line 37, leave out <relevant> and insert <charging>

Sarah Boyack

253 In schedule 1, page 46, leave out lines 1 to 3

Sarah Boyack

254 In schedule 1, page 46, line 4, leave out <required to be prepared under sub-paragraph (2)> and insert <prepared from an account kept by virtue of sub-paragraph (1)>

Sarah Boyack

255 In schedule 1, page 46, line 5, leave out first <relevant> and insert <charging>

Sarah Boyack

256 In schedule 1, page 46, line 5, leave out second <relevant> and insert <charging>

Sarah Boyack

257 In schedule 1, page 46, line 11, leave out first <relevant> and insert <charging>

Sarah Boyack

258 In schedule 1, page 46, line 11, leave out second <relevant> and insert <charging>

Sarah Boyack

259 In schedule 1, page 46, line 15, leave out <relevant> and insert <charging>

Sarah Boyack

260 In schedule 1, page 46, line 18, leave out <relevant> and insert <charging>

Sarah Boyack

261 In schedule 1, page 46, leave out lines 19 and 20 and insert-

<( ) A charging authority shall endeavour to apply their share of the net proceeds of a charging scheme only in ways which are economic, efficient and effective.>

Sarah Boyack

262 In schedule 1, page 46, line 19, leave out <relevant> and insert <charging>

After section 62

Sarah Boyack

263 After section 62, insert-

<Grants to charging authorities

(1) The Scottish Ministers may make grants to charging authorities who are proposing to make charging schemes towards their costs in determining whether to make such proposed schemes.

(2) Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Scottish Ministers may determine.

(3) A determination under subsection (2) above may be made either generally or in relation to particular cases or classes of case.>

Section 66

Sarah Boyack

264 In section 66, page 37, line 4, leave out from <or> to end of line

 

 

 

 

 

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