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A: Daily Business
B: Business Programme
C: Committee Agendas
D: Oral questions
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
I: Petitions lodged
J: SPB: Note of Decisions
K: Progress of Parliamentary business

 

Business Bulletin No. 172/2002

Tuesday 26 November 2002

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 25 November 2002

Criminal Justice (Scotland) Bill - Stage 2

After section 53

Mr Jim Wallace

Supported by: Dr Richard Simpson

132 After section 53, insert-

<Transcript of record

In section 94 of the 1995 Act (transcripts of record and documentary productions)-

(a) in subsection (2)-

(i) at the end of paragraph (a) there is added "or, subject to subsection (2B) below, the prosecutor"; and

(ii) in paragraph (b), after the word "person" there is inserted ", not being a person convicted at the trial,"; and

(b) after that subsection there is inserted-

"(2A) If-

(a) on the written application of a person convicted at the trial and granted leave to appeal; and

(b) on cause shown,

a judge of the High Court so orders, the Clerk of Justiciary shall direct, on payment of such charges as are mentioned in paragraph (b) of subsection (2) above, that such a transcript be made and sent to that person.

(2B) Where, as respects any person convicted at the trial, the Crown Agent has received intimation under section 107(10) of this Act, the prosecutor shall not be entitled to make a request under subsection (2)(a) above; but if, on the written application of the prosecutor and on cause shown, a judge of the High Court so orders, the Clerk of Justiciary shall direct that such a transcript be made and sent to the prosecutor.

(2C) Any application under subsection (2A) above shall-

(a) be made within 14 days after the date on which leave to appeal was granted or within such longer period after that date as a judge of the High Court may, on written application and on cause shown, allow; and

(b) be intimated forthwith by the applicant to the prosecutor.

(2D) The prosecutor may, within 7 days after receiving intimation under subsection (2C)(b) above, make written representations to the court as respects the application under subsection (2A) above (the application being determined without a hearing).

(2E) Any application under subsection (2B) above shall-

(a) be made within 14 days after the receipt of intimation mentioned in that subsection or within such longer period after that receipt as a judge of the High Court may, on written application and on cause shown, allow; and

(b) be intimated forthwith by the prosecutor to the person granted leave to appeal.

(2F) The person granted leave to appeal may, within 7 days after receiving intimation under subsection (2E)(b) above, make written representations to the court as respects the application under subsection (2B) above (the application being determined without a hearing).".>

Section 61

Mr Jim Wallace

133 In section 61, page 58, line 16, at end insert-

<( ) to act with a view to preserving good order in the premises of any court and in land connected with such premises;>

Mr Jim Wallace

Supported by: Dr Richard Simpson

134 In section 61, page 58, line 17, after <persons> insert <(whether or not in the premises of any court or in land connected with such premises)>

Water Environment and Water Services (Scotland) Bill - Stage 2

Section 9

Des McNulty

142 In section 9, page 7, line 19, at end insert-

<( ) SEPA must, no later than one year after the setting of environmental objectives for a river basin district under subsection (1), and at least once each year thereafter, review the programme of measures referred to in subsection (1) and make any revisions to the programme which it considers necessary in order to achieve the objectives.>

Section 11

Des McNulty

143 In section 11, page 8, line 36, at end insert-

<( ) such persons as appear to SEPA to have an interest in the promotion of sustainable flood management,>

Section 12

Des McNulty

144 In section 12, page 9, line 22, at end insert-

<(2A) If the Scottish Ministers, having considered the statement, are of the opinion that an examination in public should be held for the purpose of considering any such views and representations in respect of which adjustments to the plan have not been made, they may appoint a person or persons to hold such an examination.

(2B) The Scottish Ministers may by regulations make further provision about the procedure to be followed at any examination under subsection (2A).>

Des McNulty

145 In section 12, page 9, line 23, after <statement> insert <and the results of any public examination held under subsection (2A)>

Section 13

Des McNulty

146 In section 13, page 10, line 12, leave out from <in> to end of line 14 and insert-

<( ) keep copies of it available, at all reasonable times, for public inspection free of charge, at suitable locations within the district, and

( ) publicise, through the placing of notices in at least one national newspaper and at least one local newspaper circulating in the river basin district-

(i) its publication, and

(ii) the locations at which it can be inspected.>

Section 15

Ross Finnie

Supported by: Allan Wilson

147 In substitution for amendment 58-

In section 15, page 10, line 28, leave out from beginning to <plan")> in line 29 and insert <For the purpose of supplementing the river basin management plan for a river basin district-

(a) SEPA must-

(i) divide the district into such geographical areas as it thinks fit, and

(ii) prepare, for each of those areas, a plan in relation to water management within the area,

(b) SEPA or a responsible authority may, if it thinks fit, prepare a plan>

Ross Finnie

Supported by: Allan Wilson

148 In section 15, page 10, line 31, leave out <sub-basin plan> and insert <plan prepared under subsection (1)(b)>

Ross Finnie

Supported by: Allan Wilson

149 In section 15, page 10, line 33, at end insert <(whether or not an area determined in pursuance of subsection (1)(a))>

Ross Finnie

Supported by: Allan Wilson

150 In substitution for amendment 60-

In section 15, page 10, line 35, at end insert-

<( ) A plan prepared under subsection (1)(a) or (b) is referred to in this Part as a "sub-basin plan".

( ) A sub-basin plan must not be inconsistent with anything in the river basin management plan which it supplements.

( ) A sub-basin plan prepared under subsection (1)(b), so far as applying to an area determined in pursuance of subsection (1)(a), must not be inconsistent with the sub-basin plan prepared for that area under subsection (1)(a).>

Section 23

Bruce Crawford

151 In section 23, page 15, line 28, at end insert <, the matters which are to be so specified including any river basin management plan for a district to which the regulations apply.>

Section 31

Bruce Crawford

152 In section 31, page 24, line 19, leave out <, 20 or 23,> and insert <or 20,>

Bruce Crawford

153 In section 31, page 24, line 20, after <Act> insert <nor any regulations under section 23>

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.

Ms Sandra White: Proposed Third Party Planning Rights of Appeal (Scotland) Bill—Proposal for a Bill to provide third parties with a right of appeal against decisions made in planning applications under the Town and Country Planning (Scotland) Act 1997 (lodged 7 November 2002)

Supported by: Mr Lloyd Quinan, Mr Gil Paterson, Brian Adam, Nicola Sturgeon, Linda Fabiani, Colin Campbel, Richard Lochhead, Mr Kenny MacAskill, Michael Matheson, Mr Adam Ingram, Andrew Wilson, Mike Rumbles, Alex Neil, Kenneth Gibson

 

 

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