Contents page
 

 

BUSINESS BULLETIN 196 / 2000

Monday 18 December 2000

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

 

 

New amendments to Bills lodged on 15 December 2000

 

Salmon Conservation (Scotland) Bill - Stage 2

Section 1

Mr Jamie McGrigor

25 In section 1, page 3, line 15, at end insert-

<( ) Such regulations may be made so as to continue in force either for a period of time specified in the regulations or without limitation of time.>

Mr Jamie McGrigor

26 In section 1, page 3, line 20, at end insert-

<( ) Such regulations shall make provision for compensation to be payable to a proprietor in respect of any damage caused to any heritable interest owned by the proprietor in consequence of the regulations.>

Mr Jamie McGrigor

27 In section 1, page 3, line 20, at end insert-

<( ) Such regulations shall restrict the ability of persons to fish for or take salmon only to the extent of requiring salmon caught to be released alive, or by limiting the number of salmon that may be taken and not so released.>

Mr Jamie McGrigor

28 In section 1, page 3, line 29, leave out subsection (4) and insert-

<( ) Regulations made under section 10A(3)(b) of this Act shall be made only if the necessity or expediency has arisen in an emergency.>

 

Transport (Scotland) Bill - Stage 3

Section 1

Fiona McLeod

Supported by: Bruce Crawford

6 In section 1, page 2, line 1, leave out <may> and insert <shall>

Fiona McLeod

Supported by: Bruce Crawford

7 In section 1, page 2, line 2, leave out from <other> to end of line 3 and insert <individuals and agencies which those bodies consider to be representative of those who have an interest in the proposed strategy>

Section 2

Sarah Boyack

8 In section 2, page 2, line 13, at end insert-

<( ) Before giving directions to a public body under subsection (1)(b) above the Scottish Ministers shall consult-

(a) that public body; and

(b) such other persons as they consider appropriate.>

Section 3

Sarah Boyack

9 In section 3, page 3, line 22, leave out <is, or> and insert <and>

Sarah Boyack

10 In section 3, page 3, leave out lines 25 and 26 and insert <the local transport authority and-

(a) in a case where the order is to be made by the Secretary of State only, the Secretary of State,

(b) in a case where the order is to be made by the Scottish Ministers only, the Scottish Ministers; or

(c) in a case where the order is to be made by the Secretary of State and the Scottish Ministers, the Secretary of State and the Scottish Ministers,>

Sarah Boyack

11 In section 3, page 3, line 33, after <(8)> insert <(a) or (b)>

Sarah Boyack

12 In section 3, page 3, line 35, leave out <one or> and insert <such an authority or two or>

Sarah Boyack

13 In section 3, page 3, line 37, at end insert-

<( ) by virtue of subsection 8(c) above by-

(i) the Secretary of State;

(ii) the Scottish Ministers; and

(iii) such an authority or two or more such authorities,

acting jointly, as a reference to the Secretary of State, the Scottish Ministers and that authority or, as the case may be, those authorities.>

Sarah Boyack

14 In section 3, page 3, line 38, after first <of> insert <subsection (8) above and>

Section 4

Sarah Boyack

15 In section 4, page 4, line 27, leave out <is, or> and insert <and>

Sarah Boyack

16 In section 4, page 4, line 29, leave out <or, as the case may be, them> and insert <and the Scottish Ministers>

Section 5

Des McNulty

Supported by: Sarah Boyack

17 In section 5, page 5, line 11, leave out <not less than five> and insert <more than three, but not more than seven,>

Section 6

Sarah Boyack

18 In section 6, page 6, line 11, leave out <scheme> and insert <postponement>

Sarah Boyack

19 In section 6, page 6, line 16, leave out <scheme> and insert <postponement>

Section 8

Sarah Boyack

20 In section 8, page 7, line 15, after <variation> insert <(other than a variation which would require the making of a traffic regulation order)>

Section 12

Sarah Boyack

21 In section 12, page 9, line 21, leave out <subject to section 15 of this Act,>

Sarah Boyack

22 In section 12, page 9, line 21, after <services> insert <(other than services excluded from the scheme by virtue of provision such as is mentioned in section 12A(3) of this Act)>

Section 12A

Sarah Boyack

23 In section 12A, page 10, line 4, leave out <a> and insert <each>

Section 15A

Sarah Boyack

24 In section 15A, page 13, leave out lines 1 and 2 and insert-

<( ) The notice shall state-

(a) the local services to be provided under the quality contract;

(b) the date (or dates) on which the scheme shall, in so far as it relates to the local services to be provided under that quality contract, come into operation; and

(c) the duration of the quality contract.>

Sarah Boyack

25 Move section 15A to after section 19

Section 18

Sarah Boyack

26 In section 18, page 13, line 15, leave out <date on which> and insert <operational date of>

Sarah Boyack

27 In section 18, page 13, line 15, leave out <comes into operation>

Sarah Boyack

28 In section 18, page 13, line 34, leave out subsection (7)

Section 19

Sarah Boyack

29 In section 19, page 14, line 21, leave out <(4)> and insert <(3)>

Section 17

Sarah Boyack

30 In section 17, page 15, line 24, leave out <Subject to subsection (2) below,>

Section 30

Sarah Boyack

31 In section 30, page 21, line 8, after <area;> insert-

<( ) information about fares for journeys on such local services;>

Section 33

Sarah Boyack

32 In section 33, page 22, line 19, after <of> insert-

<(i) their local transport strategy; and>

Sarah Boyack

33 In section 33, page 22, line 22, at end insert-

<(10) In subsection (9)(b)(i) above, "local transport strategy" has the meaning given by section 76(1) of the Transport (Scotland) Act 2000 (asp 00).".>

Section 35

Sarah Boyack

34 In section 35, page 24, line 5, after <17(1)(b)> insert <or (2)>

Section 36

Sarah Boyack

35 In section 36, page 24, line 34, after <17(1)(b)> insert <or (2)>

Section 36A

Sarah Boyack

36 In section 36A, page 25, line 15, at end insert-

<( ) the form of written complaints and the time within which they may be submitted for determination by the Tribunal;

( ) the procedure to be followed by the Tribunal in determining complaints;

( ) the matters to which the Tribunal shall have regard in determining complaints;

( ) the powers of the Tribunal on making determinations (including, without prejudice to the generality of this paragraph, power requiring the payment of compensation);>

Sarah Boyack

37 In section 36A, page 25, line 17, at end insert-

<(ba) the making of reports to the Scottish Ministers on such matters, and at such times, as may be specified in the regulations;

(bb) requiring the Scottish Ministers to lay before the Scottish Parliament copies of any reports made under paragraph (ba) above;>

Sarah Boyack

38 In section 36A, page 25, leave out lines 21 and 22 and insert-

<(e) such other matters as the Scottish Ministers consider necessary or expedient for the purpose of enabling the Tribunal to perform its function.>

After section 37B

Cathy Jamieson

Supported by: Sarah Boyack

39 After section 37B, insert-

<Power to restrict dates on which scheduled timings of local services may be varied

In section 6 of the 1985 Act (registration of local services)-

(a) after paragraph (d) of subsection (9) there shall be inserted-

"(da) subject to subsection (10) below, specifying dates as the only dates on which the operator of a local service in the area (or areas) of such local authority (or authorities) as may be specified in the regulations may vary a registration in so far as it relates to the scheduled times of the local service in respect of which the registration is made;"; and

(b) after subsection (9) there shall be inserted-

"(10) Regulations making provision such as is mentioned in subsection (9)(da) above may not-

(a) have effect for a period of more than three years;

(b) specify more than four dates in a calendar year as dates on which a registration may be varied.".>

Section 44

Sarah Boyack

40 In section 44, page 32, line 9, at end insert-

<( ) specify the classes of motor vehicles which are exempt from charges or in respect of which reduced rates of charges are imposed;>

Sarah Boyack

41 In section 44, page 32, leave out lines 12 to 16 and insert <and

( ) make provision for or in connection with the collection, payment and recording of charges.>

Sarah Boyack

42 In section 44, page 32, line 31, at end insert-

<( ) A charging scheme may specify that the charges specified in the scheme shall be increased, on such dates as may be so specified, by reference to such percentage increases in the retail prices index as may be so specified.>

Sarah Boyack

43 In section 44, page 32, line 40, at end insert-

<(8) In this section "the retail prices index" means-

(a) the general index of retail prices (for all items) published by the Office for National Statistics; or

(b) where that index is not published for a month, any substituted index or figures published by that Office.>

Section 45

Sarah Boyack

44 In section 45, page 33, line 6, leave out subsection (2)

Section 47

Sarah Boyack

45 In section 47, page 34, line 15, leave out <unlawfully interfered with> and insert <interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge>

Section 66

Sarah Boyack

46 In section 66, page 38, line 31, after <entry> insert <or seizure>

Section 68

Fiona McLeod

Supported by: Bruce Crawford

47 In section 68, page 40, line 15, after <specify;> insert-

<( ) is a carer or travel companion for a person eligible under paragraph (b), where "carer" and "travel companion" have such meaning as the Scottish Ministers may by order specify.>

Section 69A

Sarah Boyack

48 In section 69A, page 41, line 37, leave out <within> and insert <not later than>

After section 69B

Sarah Boyack

49 After section 69B, insert-

<Disabled persons' transport needs: power to establish committee

Disabled persons' transport needs: power to establish committee

(1) The Scottish Ministers may by regulations establish a committee for the purposes of-

(a) considering such matters relating to the needs of disabled persons in connection with transport as the committee think appropriate; and

(b) giving such advice to the Scottish Ministers in relation to such matters as the committee think appropriate.

(2) Regulations under subsection (1) above may in particular make provision for or in connection with-

(a) the membership of the committee;

(b) the appointment and tenure of office of members of the committee;

(c) the payment of remuneration and allowances to members of the committee; and

(d) such other matters as the Scottish Ministers consider necessary or expedient for the purpose of enabling the committee to perform its functions.>

After section 70

Sarah Boyack

50 After section 70, insert-

<Public rights of passage: redetermination orders

Amendment of Roads (Scotland) Act 1984

In section 152 of the Roads (Scotland) Act 1984 (c.54) (further provision as to interpretation and certain ancillary powers)-

(a) after subsection (3) there shall be inserted-

"(3A) Where an order under subsection (2) above states that it has effect only for such period not exceeding 18 months as is specified in the order, the order shall have effect during that period notwithstanding any failure to comply with-

(a) any regulations made under subsection (1) of section 71 of this Act; or

(b) subsection (2) of that section.

(3B) Subject to subsection (3C) below, an order which-

(a) has effect by virtue of subsection (3A) above; and

(b) makes the same provision in relation to the same right of public passage as was made in an order which has ceased to have effect,

may not have effect for a period which, when taken together with the period for which any order such as is mentioned in paragraph (b) above had effect, amounts to more than 18 months.

(3C) An order may have effect for a period which, when taken together with the period for which any order such as is mentioned in subsection (3B)(b) above had effect, amounts to more than 18 months only for the purpose of enabling the authority who made the order to take any steps necessary to seek to comply with-

(a) any regulations made under subsection (1) of section 71 of this Act; or

(b) subsection (2) of that section."; and

(b) after subsection (4) there shall be added-

"(5) Where-

(a) during the period when an order under subsection (2) above has effect by virtue of subsection (3A) above, the authority carry out any works necessary for giving effect to the order (including any works carried out by virtue of subsection (4) above); and

(b) on the order ceasing to have effect, no further order under subsection (2) above making the same provision in relation to the same right of public passage has effect,

the authority who made the order shall carry out any works necessary to reinstate the conditions pertaining before such works were carried out.".>

Fiona McLeod

Supported by: Bruce Crawford

51 After section 70, insert-

<Disabled Persons Travel Advisory Committee

Disabled Persons Travel Advisory Committee

(1) The Scottish Ministers shall establish a Disabled Persons Travel Advisory Committee

(2) The Committee shall consider and report -

(a) on matters affecting the travel needs of disabled persons in Scotland; and

(b) such other matters relating to public and private passenger travel in Scotland-

(i) as may be referred to it by the Scottish Ministers or by resolution of the Scottish Parliament; or

(ii) as the Committee itself thinks fit.

(3) The Scottish Ministers shall, by order, make provision regarding the composition of the Committee, including the proportion of disabled members of the Committee, and may make such other provision about the role and operation of the Committee as they think appropriate.

(4) The Committee shall make any report under subsection (2) to the Scottish Ministers and lay it before the Scottish Parliament.>

Des McNulty

Supported by: Sarah Boyack

52 After section 70, insert-

<Road safety information and training: subsidies

Amendment of the Road Traffic Act 1988

In section 40 of the Road Traffic Act 1988 (c.52) (power to subsidise certain authorities and bodies for giving road safety information and training)-

(a) the words "authorities or bodies other than" are repealed; and

(b) at the end there shall be inserted "or by other authorities or bodies".>

Nora Radcliffe

Supported by: Donald Gorrie, Sarah Boyack

53 After section 70, insert-

<Home zones

Home zones

(1) A local traffic authority may, with a view to implementing measures for securing any of the purposes mentioned in subsection (2) below, designate as a home zone any road for which they are the traffic authority.

(2) The purposes mentioned in subsection (1) above are-

(a) to improve the safety of persons using the road or any area in the vicinity of the road;

(b) to improve or preserve the environment through which the road runs;

(c) to improve the facilities provided on, or in the vicinity of, the road in such a way as to bring benefits to any persons using the road (not being persons using motor vehicles); and

(d) to any extent implement their transport policies.

(3) Where a local traffic authority have, by virtue of subsection (1) above, designated a road they shall prepare and publish a report on the measures (if any) they have implemented for securing the purpose or purposes for which the designation was made.

(4) The Scottish Ministers may by regulations make provision for or in connection with-

(a) specifying the roads, or classes of road, that may be designated;

(b) the procedure to be followed when making, varying or revoking designations (including provision as to consultation);

(c) the confirmation of designations by them;

(d) the preparation of reports under subsection (3) above; and

(e) the times at which and manner in which such reports are to be published.

(5) In this section "transport policies", in relation to a local traffic authority, means the policies formulated from time to time under section 63(2)(b) of the 1985 Act by the local authority who are the local traffic authority.>

 

 

Section 73

Nora Radcliffe

Supported by: Donald Gorrie, Sarah Boyack

54 In section 73, page 44, line 13, at end insert-

<( ) local traffic authorities in relation to the designation of roads as home zones by virtue of section (Home zones)(1) of this Act;>

Section 76

Sarah Boyack

55 In section 76, page 46, line 15, at end insert-

<section 9;>

Sarah Boyack

56 In section 76, page 46, line 21, after <31;> insert-

<section 37A;>

Schedule 2

Sarah Boyack

57 In schedule 2, page 48, line 20, leave out from <(4)> to end of line 22 and insert <(5) there shall be inserted-

"(6) In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2000 (asp 00).".>

Long Title

Des McNulty

Supported by: Sarah Boyack

58 In the long title, page 1, line 3, after <1970;> insert <to amend section 40 of the Road Traffic Act 1988;>

 

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.

Linda Fabiani: Proposed Scottish Forests Bill-Proposal for a Bill to transfer certain rights, interests and functions of the Forestry Commission and the Scottish Ministers to local authorities, planning authorities or other local bodies in order to establish local management of Scottish forests, particularly in relation to economic, social and environmental development; and to establish a mechanism for co-ordination between local authorities. (lodged 20 November 2000)

Supported by: Robin Harper, Michael Russell, Sandra White, Tricia Marwick, Kenny MacAskill, Andrew Welsh, Kenneth Gibson, Lloyd Quinan, Adam Ingram, Michael Matheson, Fiona McLeod

 

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