Business Bulletin No. 27/2002
Tuesday 12 February 2002
Section G: Bills: Notices and Amendments
New amendments to Bills lodged on 11 February 2002
Freedom of Information (Scotland) Bill Stage 2
Lord James Douglas-Hamilton
In substitution for amendment 138
139 In section 9, page 5, line 26, at end insert
<( ) In the case of a request for information made by an applicant who is not resident in the United Kingdom and who expresses a preference that the information be provided in a language other than English, the additional cost associated with translating the information requested need not be borne by the Scottish public authority.>
Protection of Wild Mammals (Scotland) Bill - Stage 3
Note: The following amendments were lodged as manuscript amendments under Rule 9.10.6
37A As an amendment to amendment 37, line 2, after <stalking> insert <, searching>
93 In section 1A, page 1, line 10, after <dog> insert <or a pair of dogs>
94 In section 1A, page 1, line 22, after second <a> insert <single>
95 In section 1A, page 1, line 22, after <dog> insert <or a pair of dogs>
96 In section 1A, page 2, line 6, after <dog> insert <or a pair of dogs>
97 In section 1A, page 2, line 7, after <dog> insert <or a pair of dogs>
98 In section 3, page 4, line 8, leave out <acts> and insert <seeks>
99 In section 3, page 4, line 8, leave out <acts> and insert <takes reasonable steps>
100 In section 3, page 4, line 9, after <dog> insert <or a pair of dogs>
After section 6
84A As an amendment to amendment 84, line 3, leave out <may> and insert <shall>
Mr Jamie McGrigor
84B As an amendment to amendment 84, line 4, leave out <such amount as they think fit> and insert <compensation>
Mr Jamie McGrigor
84C As an amendment to amendment 84, line 6, at end insert <directly or indirectly suffered material economic loss or detriment as a result of the enactment of section 1>
Mr Jamie McGrigor
84D As an amendment to amendment 84, leave out lines 9 and 10
84E As an amendment to amendment 84, line 10, leave out from <and> to end of line
Mr Jamie McGrigor
84F As an amendment to amendment 84, line 11, leave out from beginning to <amount> in line 12 and insert <When making a payment under subsection (1)>
Mr Jamie McGrigor
84G As an amendment to amendment 84, line 15, leave out <what> and insert <the>
Mr Jamie McGrigor
84H As an amendment to amendment 84, line 15, leave out <they will or will not take> and insert <which are to be taken>
Mr Jamie McGrigor
84I As an amendment to amendment 84, line 16, leave out <arriving at a decision> and insert <assessing compensation payments>
Mr Jamie McGrigor
84J As an amendment to amendment 84, line 17, at end insert <, including activities that are directly or indirectly affected by the offence created by section 1>
The following amendment was first printed on 11 February and is reproduced here for reference in view of the number of amendments that have since been lodged to this amendment.
Adobe Pdf Version (Includes Line Numbering)
After section 6
84 After section 6, insert-
(1) The Scottish Ministers may, on a timeous application being made to them in the prescribed form, pay the applicant such amount as they think fit in respect of loss or expense of the kind described in subsection (2).
(2) That kind is loss or expense incurred by the applicant as a result of having-
(a) on or before the coming into force of section 1; and
(b) by reason or in anticipation of the enactment or coming into force of that section,
ceased to carry on an activity which the applicant carried on before the enactment of that section and which would amount to an offence under that section.
(3) In deciding whether to make a payment under subsection (1) and, if they decide to do so, in determining its amount, the Scottish Ministers shall have regard to the statement issued by them under subsection (4).
(4) The Scottish Ministers shall issue a statement setting out-
(a) what categories of loss or expense of the kind described in subsection (2) they will or will not take into account when arriving at a decision for the purposes of subsection (1);
(b) the basis upon which they will otherwise determine an amount to be paid under that subsection.
(5) The Scottish Ministers may require an applicant to provide them with such information as they consider necessary to enable them to decide whether to make a payment under subsection (1) and, if they decide to make one, to determine its amount.
(6) In subsection (1)-
(a) a "timeous" application is one made within the period of 12 months beginning with the coming into force of section 1;
(b) "prescribed" means prescribed by regulations made by the Scottish Ministers.
(7) Those regulations shall be made by statutory instrument.>
Water Industry (Scotland) Bill - Stage 3
97 In section 28, page 14, line 6, leave out from beginning to first <or> in line 8 and insert-
<( ) in the case of goods supplied or services provided by Scottish Water to non-domestic customers in the exercise of its core functions, by or in accordance with a charges scheme under section 30,
( ) in the case of goods supplied to or services provided by it in respect of domestic premises in the exercise of its core functions, by or in accordance with section (Charges to domestic users), and
( ) in>
After section 30
98 After section 30, insert-
<Charges to domestic users
(1) Subject to subsection (2), each person resident in domestic premises to which Scottish Water supplies goods or provides services in the exercise of its core functions is liable to pay, in respect of those goods and services, an amount calculated by applying whichever of the marginal tax rates set out in subsection (3) corresponds to the income band into which that person's gross annual income falls.
(2) A person-
(a) under the age of 16,
(b) in full-time education, or
(c) with a gross annual income of less than £10,000,
may not be charged by Scottish Water under subsection (1).
(3) The percentages referred to in subsection (1) are-
(a) for an income of at least £10,000 but less than £15,000, 1.5 per cent,
(b) for an income of at least £15,000 but less than £20,000, 2 per cent,
(c) for an income of at least £20,000 but less than £30,000, 2.5 per cent,
(d) for an income of at least £30,000 but less than £50,000, 4 per cent,
(e) for an income of at least £50,000 but less than £70,000, 5 per cent,
(f) for an income of at least £70,000 but less than £90,000, 6 per cent,
(g) for an income of at least £90,000, 7 per cent.
(4) The Scottish Ministers-
(a) may, by regulations, alter any of the upper or lower limits of the income bands in subsection (3) or any of the percentages corresponding to those income bands in order to reflect changes in the number of persons within each income band, but
(b) may not, in any such regulations, alter that subsection in such a way that it departs from the principle of progressive charging according to individual income.
(5) The Scottish Ministers may, with the agreement of Scottish Water, make provision by regulations with respect to the times at which and the means by which the sums payable referred to in subsection (1) are to be paid.>
99 In section 31, page 16, line 4, at end insert-
<(8) Where a charges scheme contains proposals for an annual increase in charges in excess of the rate of inflation, as measured by the most recently available retail prices index, the Commissioner must send the scheme to the Scottish Ministers.
(9) The Scottish Ministers may not approve a scheme sent to them under subsection (8) unless a draft of the scheme has been laid before, and approved by resolution of, the Parliament.
(10) In this section, "retail prices index" means the general index of retail prices (for all items) published by the Office for National Statistics or, if that index is not published for any month, any substituted index or index figures provided by that Office.>
100 In section 32, page 16, line 36, leave out <give> and insert <lay before the Scottish Parliament a report giving>
101 Leave out section 35
After section 37
102 After section 37, insert-
<Reduced charges for Scottish charities and other approved organisations
(1) The Scottish Ministers must by regulations provide that a Scottish charity or other approved organisation which-
(a) is, under a charges scheme, liable to pay an amount to Scottish Water or, by virtue of section 35, to a local authority, and
(b) fulfils such conditions as are specified in the regulations,
is liable to pay the reduced amount referred to in subsection (2).
(2) The reduced amount is an amount-
(a) not more than 20 per cent of the amount it would be but for the regulations, and
(b) determined by, or in accordance with, the regulations.
(3) In this section-
"approved organisation" means an organisation (including a Scottish charity) approved by, or in accordance with, the regulations; and an organisation may not be so approved if it charges fees for the provision of school education.
"Scottish charity" means a body entitled to describe itself as such by virtue of section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).>
Supported by: John Scott
103 In section 46, page 24, line 24, after <to> insert-
<(a) the impact which the exercise of such functions may have on-
(i) the availability of housing,
(ii) economic development, and
(iii) the sustainability of communities,
in rural or remote parts of Scotland, and
104 In section 49, page 26, line 27, at end insert <(including the location or geographical distribution of the offices or other premises from which such employees carry out their duties)>
After section 55
105 After section 55, insert-
<Power to lay mains: registration, compensation etc.
(1) Section 23 (power to lay mains etc.) of the 1980 Act is amended as follows.
(2) In subsection (1), insert at the beginning "Subject to subsection (1ZA),".
(3) After subsection (1) insert-
"(1ZA) Scottish Water may not exercise the power conferred by subsection (1)(a)(ii) or (b) to lay a main until the owner of-
(a) the road in, under or over which; or
(b) the land in, on or over which,
the main is to be laid has granted a deed of servitude in respect of the main and the deed of servitude has been recorded in the General Register of Sasines or registered in the Land Register of Scotland; and such a deed of servitude must specify-
(i) the consideration payable to the owner and to the occupier of the land in respect of the facility afforded by them;
(ii) the location and route of the pipeline (including, where appropriate, by means of a map or plan); and
(iii) the extent to which the title to the land is subject to a burden as a result of the laying of the main."
(4) In subsection (2), for the word "every" substitute "the owner and to the occupier of that land for any loss, costs or other expenses incurred and to every other".>
106 In schedule 1, page 34, line 3, leave out paragraphs 5 and 6 and insert-
5 (1) The Scottish Ministers shall, after consulting such persons and bodies as they consider appropriate, specify in the order under section 2(1) establishing each Customer Panel-
(a) the nominating bodies for the Panel; and
(b) the number of members to be nominated by each such nominating body.
(2) In sub-paragraph (1)(a), the "nominating bodies" for a Customer Panel are such bodies, including at least one local authority and a body representing non-domestic water customers, as the Scottish Ministers consider representative of the area for which the Panel is established.
(3) The nominating bodies shall nominate persons to be members of each Customer Panel; and the Scottish Ministers shall appoint those persons as members of the Panel.
6 Each Customer Panel shall appoint a Convener and a Deputy Convener from among its members in accordance with procedures specified by the Scottish Ministers.>
107 In schedule 1, page 34, line 5, leave out from <to> to <each> in line 8 and insert <as Convener of each Water Customer Consultation Panel.
(2) No individual is to be the Convener of more than one Customer Panel.
6 (1) Each Convener is to be a member of the relevant>
108 In schedule 1, page 34, line 25, leave out <Convener and each Customer Panel> and insert <Customer Panels>
109 In schedule 3, page 37, line 19, leave out <5> and insert <6>
37A As an amendment to amendment 37, line 3, leave out <2> and insert <1>
110 In schedule 3, page 37, line 22, leave out <appear to them to have> and insert <have appropriate>
(1) Subject to sub-paragraph (4), Scottish Water shall maintain all offices used by the new water and sewerage authorities in connection with planning, design and operational functions on 1st January 2002.
(2) Each such office (a "local office") shall carry out all planning, design and operational functions relating to works in the area covered by that office.
(3) Sub-paragraph (2) above does not apply in relation to emergency works.
(4) Scottish Water may apply to the Commissioner to transfer the functions carried out in a local office to an office outwith the area covered by that office.
(5) An application under sub-paragraph (4) above must demonstrate that significant cost savings are expected to result from the proposed transfer.
(6) Before making any decision on an application under sub-paragraph (4) above the Commissioner shall consult each Water Customer Consultation Panel in the area covered by the local office to which the application relates.
(7) The Commissioner shall only approve an application under sub-paragraph (4) above if satisfied that the benefits of the cost savings expected to result from the transfer outweigh potential disadvantages (including, in particular, the potential loss of local knowledge and the increased difficulty of staff not based in the local area effectively performing their duties).>
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 Members Bill to give effect to that proposal under Rule 9.14.
Mr John McAllion: Proposed Child Witness Prevention of Delays (Scotland) BillProposal for a Bill requiring that any criminal trial in which a child is to be cited as a witness must commence within a timescale equivalent to the maximum period of time in which an accused person could be detained in custody.
(lodged 6 February 2002)
Supported by: Mr Gil Paterson, Alex Neil, Margaret Jamieson, Scott Barrie, Janis Hughes, George Lyon, Mr Mike Rumbles, Dorothy-Grace Elder, Mr Adam Ingram, Michael Matheson, Marilyn Livingstone, Mr Jamie Stone, Tommy Sheridan
Mr Brian Monteith: Proposed Home Education in Scotland BillProposal for a Bill to allow parents to withdraw a child from school by providing written notification to the relevant local authority indicating they will be providing an education for them suitable to their age, ability and aptitude by other means. (lodged 8 February 2002)
Supported by: Murdo Fraser, Mary Scanlon, Phil Gallie, Bill Aitken, Alex Fergusson, Alex Johnstone, Mr Jamie McGrigor, Mr David Davidson, Lord James Douglas-Hamilton, Mr Keith Harding, John Young