Contents page
 

 

BUSINESS BULLETIN 57 / 2001

Monday 02 April 2001

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

 

 

New amendments to Bills lodged on 30 March 2001

Regulation of Care (Scotland) Bill – Stage 2

Section 5

Mr John McAllion

157 In section 5, page 5, line 37, after <consult> insert <local authorities, Health Boards constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c.29) and>

Section 8

Mary Scanlon

158 In section 8, page 7, line 16, after <such> insert <reasonable>

Section 13

Mr John McAllion

159 In section 13, page 9, line 11, after <a> insert <reasonable>

Section 20

Mr John McAllion

160 In section 20, page 12, line 22, after <Act> insert <and to any representations made to it by a local authority, Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c.29) or interested party>

Section 21

Mr John McAllion

161 In section 21, page 13, line 24, at end insert <; or

( ) any person who cares for a care service user.>

 

Section 22

Mary Scanlon

162 In section 22, page 15, line 21, after <a> insert <draft>

Mr John McAllion

163 In section 22, page 15, line 21, after <inspected> insert <in such format and language as it considers appropriate>

Mary Scanlon

164 In section 22, page 15, line 22, leave out <send> and insert <give>

Mary Scanlon

165 In section 22, page 15, line 22, after first <that> insert <draft>

Mary Scanlon

166 In section 22, page 15, line 22, at end insert—

<(5A) Within fourteen days of receipt of a draft report under subsection (5) above, the person providing the service may make written representations to the Commission concerning any matter contained in the draft report which that person wishes to dispute.

(5B) The Commission shall, on receipt of any written representation under subsection (5A) above—

(a) decide whether the draft report should be amended to reflect these representations; and

(b) within seven days of receipt of the written representations—

(i) finalise the report; and

(ii) without delay send a copy of the final report to the person providing that service.

(5C) If—

(a) no representations under subsection (5A) have been made by the end of the fourteen-day period mentioned in that subsection; or

(b) the person providing the service has, within that period, notified the Commission that it has no representation to make,

the Commission shall, without further delay, finalise the report.>

Section 24

Mr John McAllion

167 In section 24, page 19, line 20, after <consult> insert <local authorities, Health Boards constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c.29) and>

 

Housing (Scotland) Bill – Stage 2

Section 1

Jackie Baillie

Supported by: Ms Margaret Curran

25 In section 1, page 1, line 9, leave out from <by> to end of line 13 and insert <when required to do so by the Scottish Ministers—

(a) carry out an assessment of homelessness in its area, and

(b) prepare and submit to the Scottish Ministers a strategy for preventing and alleviating homelessness in its area (a "homelessness strategy").

(1A) A requirement under subsection (1) may make provision as to—

(a) the particular matters to be assessed under subsection (1)(a),

(b) the time by which the strategy is to be submitted to the Scottish Ministers,

(c) the form of the strategy and the matters which it is to include,

(d) the period to which the strategy is to relate.>

Brian Adam

26 In section 1, page 1, line 9, leave out from <by> to <direct> and insert <not later than 3 months after this section comes into force.>

Brian Adam

27 In section 1, page 1, line 10, after <strategy> insert <and action plan>

Brian Adam

28 In section 1, page 1, line 11, leave out <strategy")> and insert <strategy and action plan")>

Jackie Baillie

Supported by: Ms Margaret Curran

29 In section 1, page 1, line 13, leave out <a homelessness strategy> and insert <an assessment and of a homelessness strategy and as to consultation on a proposed strategy.

(2A) A local authority must provide a copy of its homelessness strategy to any person who requests it.>

Brian Adam

30 In section 1, page 1, line 13, at end insert <and action plan>

Brian Adam

31 In section 1, page 1, line 17, after <strategy> insert <and action plan>

Brian Adam

32 In section 1, page 1, line 18, at end insert <and action plan>

Mr Kenneth Gibson

33 In section 1, page 1, line 18, at end insert—

<( ) When reviewing its homelessness strategy, a local authority shall consult—

(a) such organisations representing the interests of homeless persons, and such other organisations as the Scottish Ministers may direct, and,

(b) such other persons as the local authority sees fit.

( ) A local authority shall publish its homelessness strategy and make such arrangments as it considers appropriate to advertise its publication.>

Section 2

Ms Sandra White

34 In section 2, page 1, line 20, after <that> insert <independent>

Ms Sandra White

35 In section 2, page 1, line 23, at end insert <including advice on a homeless person’s entitlement to accommodation and to social security benefits,>

Section 3

Jackie Baillie

Supported by: Ms Margaret Curran

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

<(za) in subsection (1), for "Scotland, or England or Wales" substitute "the United Kingdom or elsewhere",>

Brian Adam

37 In section 3, page 2, line 12, at end insert <or>

Brian Adam

38 In section 3, page 2, line 13, after <an> insert <affordable>

Jackie Baillie

Supported by: Ms Margaret Curran

39 In section 3, page 2, line 13, at end insert—

<(d) where paragraph 1 of schedule 6 to the Housing (Scotland) Act 2001 (asp 00) is satisfied in relation to the person, secured by a short Scottish secure tenancy>

Mr Kenneth Gibson

40 In section 3, page 2, line 17, at end insert—

<(ii) at the end insert "not later than fourteen days after they reach that conclusion",>

Jackie Baillie

Supported by: Ms Margaret Curran

41 In section 3, page 2, line 28, at end insert—

<(c) where paragraph 1 of schedule 6 to the Housing (Scotland) Act 2001 (asp 00) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy>

Jackie Baillie

Supported by: Ms Margaret Curran

42 In section 3, page 2, line 39, at end insert <, or

(c) that it is not reasonable for the applicant to occupy">

Jackie Baillie

Supported by: Ms Margaret Curran

43 In section 3, page 3, line 21, at end insert—

<( ) In section 34 (duties to persons whose applications are referred)—

(a) in subsection (2), after "that" in the second and fourth places where it occurs insert "permanent",

(b) in subsection (3)(a), after "that" insert "permanent",

(c) after subsection (4) insert—

"(5) For the purposes of subsection (1), "accommodation" has the meaning given in section 32(5).

(6) For the purposes of subsections (2) and (3)(a), "permanent accommodation" has the meaning given in section 31(5) as read with section 32(5).">

After section 3

Jackie Baillie

Supported by: Ms Margaret Curran

44 After section 3, insert—

<Review of decisions

(1) In section 30 (notification of decision and reasons) of the 1987 Act, after subsection (4) insert—

"(4A) They shall also notify him—

(a) that he may request a review of the decision and of the time within which such a request must be made, and

(b) of the advice and assistance that is available to him in connection with any such review."

(2) In section 34 (duties to persons whose applications are referred) of that Act—

(a) after subsection (3) insert—

"(3A) The notifying authority shall also notify him—

(a) that he may request a review of the determination and of the time within which such a request must be made, and

(b) of the advice and assistance that is available to him in connection with any such review.",

(b) in subsection (4), for "subsection (3)" substitute "this section".

(3) After section 35 of that Act insert—

"35A Right to request review of decision

(1) Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision.

(2) This subsection applies to the following decisions of a local authority—

(a) any decision as to what duty (if any) is owed to the applicant under section 31 or 32,

(b) any decision to notify another authority under section 33(1),

(c) any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied,

(d) where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the authority’s duty to the applicant under that section.

(3) A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow.

(4) There is no right to request a review of a decision reached on review.

35B Procedure on review

(1) A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision.

(2) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review.

(3) If the decision is—

(a) to confirm the original decision on any issue against the interests of the applicant, or

(b) to confirm a previous decision—

(i) to notify another authority under section 33(1), or

(ii) that the conditions are met for referral of his case,

the authority shall also notify him of the reasons for the decision.

(4) Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with.

(5) Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.">

Section 4

Jackie Baillie

Supported by: Ms Margaret Curran

45 In section 4, page 3, line 25, leave out from second <for> to end of line 26 and insert <accommodation for the person>

Brian Adam

46 In section 4, page 3, line 28, after <of> insert <all>

Jackie Baillie

Supported by: Ms Margaret Curran

47 In section 4, page 3, line 28, leave out <held by it> and insert <in its area>

Brian Adam

48 In section 4, page 3, line 28, leave out <it> and insert <the local authority and the registered social landlord, and any special purpose or purposes for which that accommodation is normally used.>

Jackie Baillie

Supported by: Ms Margaret Curran

49 In section 4, page 3, line 29, after <must> insert <, within a reasonable period,>

Jackie Baillie

Supported by: Ms Margaret Curran

50 In section 4, page 3, line 30, at end insert—

<( ) A registered social landlord complies with such a request only if it provides for the person concerned accommodation—

(a) where paragraph 1 of schedule 6 is satisfied in relation to that person, secured by a short Scottish secure tenancy,

(b) in any case, secured by a Scottish secure tenancy.>

Jackie Baillie

Supported by: Ms Margaret Curran

51 In section 4, page 3, line 31, after <constitutes> insert—

<(a) a reasonable period,

(b)>

Section 5

Jackie Baillie

Supported by: Ms Margaret Curran

52 In section 5, page 4, line 3, after <not> insert <, within a reasonable period,>

Jackie Baillie

Supported by: Ms Margaret Curran

53 In section 5, page 4, line 11, at end insert—

<( ) In determining for the purposes of subsection (1)(a) what is a reasonable period, regard must be had to any guidance issued under section 4(4).>

Ms Sandra White

54 In section 5, page 4, line 13, after <authority> insert <or the registered social landlord>

Section 6

Jackie Baillie

Supported by: Ms Margaret Curran

55 In section 6, page 4, line 25, after <accommodation> insert <, or of any description of residential accommodation,>

After section 6

Jackie Baillie

Supported by: Ms Margaret Curran

56 After section 6, insert—

<Common housing registers

(1) A local authority must, when required to do so by the Scottish Ministers, prepare and submit to the Scottish Ministers proposals for establishing and maintaining a list of applicants for housing to be kept jointly by or on behalf of any two or more housing providers in connection with the allocation of housing held by them for housing purposes.

(2) In subsection (1), "housing providers" means the local authority, any other local authority and any registered social landlord.

(3) The Scottish Ministers may by regulations make provision as to establishing and maintaining such a list.

(4) Such regulations may, in particular, make provision as to—

(a) the time by which proposals under subsection (1) are to be submitted to the Scottish Ministers,

(b) the form of such proposals and the matters which they are to include,

(c) consultation on such proposals,

(d) the procedure for approval of such proposals by the Scottish Ministers,

(e) the procedure for implementing such proposals .

(5) Where the Scottish Ministers approve proposals by virtue of this section, the local authority must ensure that a list of applicants for housing is established and maintained in accordance with the proposals as so approved.

(6) A registered social landlord which holds housing for housing purposes must comply with any reasonable request made to it by a local authority in connection with the exercise of the authority’s functions under this section.>

Section 7

Jackie Baillie

Supported by: Ms Margaret Curran

57 In section 7, page 5, line 19, leave out from <and> to end of line 22 and insert <, "housing list" means a list of applicants for housing which is kept by any housing provider or jointly by or on behalf of any two or more housing providers in connection with the allocation of housing held by it or them for housing purposes.

(3) In subsection (2), "housing provider" means any local authority or any registered social landlord.">

Ms Sandra White

58 In section 7, page 5, line 19, leave out <20> and insert <21>

Section 8

Tommy Sheridan

59 In section 8, page 6, line 3, at end insert—

<(vi) whether the applicant has arrears of council tax payments or has debts other than housing related debts, or

(vii) any previous rent arrears that were either repaid by the applicant according to an agreement to repay, or amounted to less than four weeks’ rent;>

Karen Whitefield

60 In section 8, page 6, line 10, leave out <has attained the age of 60 years and>

Karen Whitefield

61 In section 8, page 6, line 11, leave out <younger relative> and insert <relative or carer>

Cathie Craigie

62 In section 8, page 6, line 13, after <area;> insert <or

(v) is subject to conduct amounting to harassment ("conduct" and "harassment" being construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40)) and wishes to move into the area;>

Tommy Sheridan

63 In section 8, page 6, line 13, at end insert—

<( ) After that subsection insert—

"(2A) The Scottish Ministers may issue guidance to local authorities and registered social landlords on the information that must be given to applicants suspended by the authority or by the landlord from a housing list, including in particular reasons why the applicant has been suspended, the period for which that sanction applies and the action required or expected of the applicant.">

 

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.

Michael Matheson: Proposed Residential Fire Sprinklers (Scotland) Bill—Proposal for a Bill to require the phased installation of residential fire sprinkler systems in residential properties; with particular priority being given to those residences occupied by categories of person at greatest risk from domestic fires. (lodged 20 March 2001)

Supported by: Alex Neil, Tommy Sheridan, Kay Ullrich

 

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