BB Home

B: Business Programme
C: Committee Agendas
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
K: Progress of Parliamentary business


Business Bulletin No. 103/2002

Friday 21 June 2002

Section G: Bills: Notices and Amendments


New amendments to Bills lodged on 20 June 2002

Land Reform (Scotland) Bill - Stage 2

Section 1

Dr Sylvia Jackson

105 In section 1, page 1, line 14, at end insert-

<(2A) For the purposes of subsection (2)(a) above, a person shall be taken to be on land for recreational purposes if on the land, whether in a voluntary or paid capacity, in order to observe, record or examine any natural or cultural feature of the land or any flora or fauna, including as part of any scientific exercise or inquiry.>

Section 2

Rhona Brankin

106 In section 2, page 2, line 12, after <responsibly;> insert-

<( ) a person who is exercising access rights in the course of a commercial activity or for profit is only to be taken as exercising those rights responsibly if that person could exercise those rights in the same way other than in the course of a commercial activity or for profit;>

Section 3

Mr Jamie McGrigor

107 In section 3, page 2, line 36, leave out <or omission>

Section 5

Bill Aitken

108 In section 5, page 3, line 15, leave out subsection (2) and insert-

<(2) The duty of care owed by an occupier of land to a person exercising access rights on that land is the same as it would be if that person did not have or was not exercising such rights.>

After section 5

Scott Barrie

109 In substitution for amendment 22-

After section 5, insert-

<Application to public bodies

(1) It is the duty of all public bodies to further the aims and purposes of this Part of this Act.

(2) The policies, plans and actions of public bodies shall take account of the rights and obligations set out in this Act and the Access Code.>

Section 6

Bill Aitken

110 In section 6, page 3, line 38, leave out <forms the curtilage> and insert <lies within 50 metres of any part>

Murdo Fraser

111 In section 6, page 4, line 3, after <school> insert <, hospital or prison>

Bill Aitken

112 In section 6, page 4, line 13, at end insert-

<( ) as a park or garden;>

Bill Aitken

113 In section 6, page 4, line 15, at end insert-

<( ) on which pens for the temporary enclosure of livestock are located, while those pens are in use for that purpose;>

Bill Aitken

114 In section 6, page 4, line 15, at end insert-

<( ) which is in use for shooting or stalking, if and to the extent that, taking account of the physical characteristics of the land, access rights could not be exercised safely on that land;>

Section 7

Bill Aitken

115 In section 7, page 5, line 21, after <planted> insert <and includes an orchard>

Bill Aitken

116 In section 7, page 5, line 21, leave out <, orchards>

Bill Aitken

117 In section 7, page 5, line 23, after <silage> insert <or to provide grazing,>

Section 9

Dr Sylvia Jackson

118 In section 9, page 6, line 8, after <profit> insert <and which is not carried on for recreational purposes (within the meaning of section 1(2A))>

Section 10

Rhona Brankin

119 In section 10, page 6, line 31, at end insert-

<( ) The Access Code shall include guidance on how activity which involves exercising access rights and is carried on commercially or for profit can be conducted responsibly.>

Section 11

Murdo Fraser

120 In section 11, page 7, line 28, after <activities> insert <as may be specified in the order>

Section 12

Bill Aitken

121 In section 12, page 8, line 33, at end insert-

<( ) the preservation of flora and fauna>

Section 13

Bill Aitken

122 In section 13, page 9, line 36, after <protect> insert <, maintain>

Mr Jamie McGrigor

123 In section 13, page 9, line 37, leave out <or other means>

Section 14

Bill Aitken

124 In section 14, page 10, line 4, leave out from <for> to <so> in line 6 and insert <in contravention of any obligations imposed on that owner by section 3>

Murdo Fraser

125 In section 14, page 10, line 11, leave out from second <or> to end of line 12

Section 15

Bill Aitken

126 In section 15, page 11, line 6, at end insert-

<( ) A notice under subsection (2) may only be served if the action it requires the owner to take does not interfere unnecessarily with the ability of the owner to carry on established practices of land management.>

Section 16

Mr Jamie McGrigor

127 In section 16, page 11, line 22, leave out <or expedient>

Mr Jamie McGrigor

128 In section 16, page 11, line 24, after <them> insert <and the authority considers that such acquisition would be in the public interest>

Section 18

Dr Sylvia Jackson

129 In section 18, page 13, line 7, at end insert-

<( ) persons representative of those who are on land for recreational purposes (within the meaning of section 1(2A) above)>

Mr Jamie McGrigor

130 In section 18, page 13, line 7, at end insert-

<( ) the owners of that land;>

Section 21

Bill Aitken

131 In section 21, page 14, line 35, after <made)> insert <and after giving reasonable prior notice to the owner of the land>

Section 23

Robin Harper

132 In section 23, page 15, line 36, after <appointed> insert <, in addition to the usual duties of rangers,>

Section 24

Dr Sylvia Jackson

133 In section 24, page 16, line 28, at end insert-

<( ) persons or bodies representing the interests of conservation of the natural and cultural heritage, and>

Section 26

Mr Jamie McGrigor

134 In section 26, page 17, line 38, after first <may> insert <, with the consent of the owner of the land,>

Section 29

Mr Jamie McGrigor

135 In section 29, page 18, line 25, leave out <non-tidal river> and insert <river (to the extent that it is non-tidal)>

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.

David McLetchie: Proposed Council of the Law Society of Scotland Bill—Proposal 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, Christine Grahame, Henry McLeish

Elaine Smith: Proposed Breastfeeding (Scotland) Bill—Proposal 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, Susan Deacon, Kenneth Macintosh

Mr Kenneth Gibson: Home Safety Officers (Scotland) Bill—Proposal 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, Brian Adam, Stewart Stevenson, Fiona Hyslop, Dennis Canavan

Michael Russell: Proposed Gaelic Language Bill—Proposal for a Bill to establish a basis of equality between the Gaelic and English languages in Scotland and to require public bodies and others including local authorities to prepare and implement Gaelic Language Plans. (lodged 18 June 2002)

Supported by: Mr Kenneth Gibson, Colin Campbell, Mr Kenny MacAskill, Bruce Crawford, Alasdair Morgan, Richard Lochhead, Roseanna Cunningham, Irene McGugan, Michael Matheson, Stewart Stevenson, Ms Sandra White