Business Bulletin No. 98/2002
Friday 14 June 2002
Section G: Bills: Notices and Amendments
New amendments to Bills lodged on 10 June 2002
Land Reform (Scotland) Bill Stage 2
50 Leave out section 28 and insert
<Application of sections 14, 15 and 25 to rights of way
(1) Sections 14 and 15 above apply in relation to rights of way as they apply in relation to access rights.
(2) Section 25 above applies in relation to rights of way as it applies in relation to access rights save that the declarations that it is competent for the sheriff to make in relation to rights of way are
(a) that the land specified in the application is, or as the case may be, is not land across which a right of way exists;
(b) in a case where the declaration under paragraph (a) is that a right of way exists, what the line of that right of way is and what restrictions, if any, apply to the exercise of that right.
(3) It shall not be competent to apply for a declaration of the sort referred to in subsection (2) above other than by an application under subsection (1) of section 25 as applied by subsection (2) above.>
After section 28
51 After section 28, insert
<List of rights of way
(1) Scottish Natural Heritage shall prepare a list of such rights of way as they consider to exist.
(2) In preparing the list mentioned in subsection (1) above, Scottish Natural Heritage shall
(a) take into account such information about rights of way as may be provided to them by persons or bodies with an interest in rights of way;
(b) consult such persons or bodies as they think fit; and
(c) take into account any guidance that the Scottish Ministers may give them on the preparation of the list, including guidance on the criteria which they should apply in deciding whether a right of way exists.
(3) A right of way shall be presumed, including by a court, to exist if it is included in a list under this section.>
52 After section 28, insert
<Effect of Act on rights to maintain etc. rights of way
Nothing in this Act shall be taken to prejudice any right of any person to take reasonable steps to maintain and repair a right of way.>
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.
Scott Barrie: Proposed High Hedges (Scotland) BillProposal for a Bill to provide local authorities with the power to deal with complaints regarding high hedges. (lodged 21 May 2002)
Supported by: Paul Martin, Alex Johnstone, Mr Kenneth Macintosh, Mr John Home Robertson, John Farquhar Munro, Mr Jamie Stone, Mr Duncan McNeil, Mr John McAllion, Brian Fitzpatrick, Maureen Macmillan, Ian Jenkins, Rhona Brankin, Jackie Baillie, Elaine Thomson, David Mundell, Shona Robison, Richard Lochhead, Bill Butler, Dr Sylvia Jackson, Robert Brown, Mr Mike Rumbles, Margaret Jamieson, Mr Michael McMahon, Des McNulty, Mr Keith Harding, Johann Lamont, Phil Gallie, Angus MacKay, Pauline McNeill, Elaine Smith, Marilyn Livingstone, Alasdair Morgan, Mary Scanlon, Cathie Craigie, Helen Eadie, Karen Whitefield, Dennis Canavan, Dr Winnie Ewing, Cathy Peattie, Donald Gorrie
David McLetchie: Proposed Council of the Law Society of Scotland BillProposal for a Bill to amend the Solicitors (Scotland) Act 1980 to permit the Council of the Law Society of Scotland to delegate its functions; to allow Council committees to appoint sub-committees; and to allow non-solicitors to be members of committees and sub-committees. (lodged 29 May 2002) R
Supported by: Donald Gorrie, Roseanna Cunningham, David Mundell, Maureen Macmillan, Lord James Douglas-Hamilton, Pauline McNeill, Bill Aitken, Scott Barrie, Brian Monteith, John Scott, Keith Harding, Fergus Ewing, Mary Scanlon*, Rhoda Grant*
Elaine Smith: Proposed Breastfeeding (Scotland) BillProposal for a Bill to make it an offence to prevent a mother from breastfeeding her baby in any public place, or licensed premises, where children are otherwise permitted and to make provision for criminal penalties. (lodged 7 June 2002)
Supported by: Dorothy-Grace Elder, Tommy Sheridan, Jamie Stone, John McAllion, Dennis Canavan, Helen Eadie, Margaret Smith*, Nora Radcliffe*, Brian Adam*, John Home Robertson*, Robin Harper*, Fiona McLeod*, Linda Fabiani*
Mr Kenneth Gibson: Home Safety Officers (Scotland) BillProposal for a Bill to ensure local authority provision of dedicated home safety officers. (lodged 11 June 2002)
Supported by: Michael Russell, Colin Campbell, Linda Fabiani, Mr Andrew Welsh, Richard Lochhead, Michael Matheson, Andrew Wilson, Mr Kenny MacAskill