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

 

Business Bulletin No. 11/2003

Monday 20 January 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 17 January 2003

Land Reform (Scotland) Bill - Stage 3

Section 1

Roseanna Cunningham

177 In section 1, page 1, line 16, after <purposes;> insert-

<( ) for the purposes of carrying on an artistic or scientific activity not intended to yield a profit directly attributable to the activity;>

Dennis Canavan

Supported by: Roseanna Cunningham

66A As an amendment to amendment 66, line 5, after <of> insert <the exercise of any activity which is within access rights or of>

Stewart Stevenson

66B As an amendment to amendment 66, line 6, leave out <any persons accompanying that person> and insert <other persons>

Dennis Canavan

Supported by: Roseanna Cunningham

66C As an amendment to amendment 66, line 7, after <of> insert <the exercise of any activity which is within access rights or of>

Stewart Stevenson

66D As an amendment to amendment 66, leave out lines 8 and 9

Section 2

Roseanna Cunningham

178 In section 2, page 2, line 20, leave out second <a> and insert <an artistic or scientific>

Stewart Stevenson

179 In section 2, page 4, line 37, leave out subsection (2)

After section 3

Stewart Stevenson

67A As an amendment to amendment 67, line 3, leave out from <any> to <sections,> in line 4 and insert <, for the purposes of section 2 and 3 above,>

Roseanna Cunningham

67B As an amendment to amendment 67, line 4, at end insert <provided that such modification does not have the effect of-

(a) materially reducing the extent of the statutory right of access secured by;

(b) materially increasing the extent of the obligations imposed on owners of land by,

the Act as enacted.>

Roseanna Cunningham

67C As an amendment to amendment 67, line 10 leave out from <consult> to end of line 12 and insert <give public notice of the proposed order and the reasons for making it and shall invite views on the proposed order to be submitted to them within such reasonable time as is stipulated in the notice.>

Section 6

Stewart Stevenson

180 In section 6, page 4, line 4, leave out <structure,>

Stewart Stevenson

181 In section 6, page 4, line 35, leave out <in an order under section or>

Roseanna Cunningham

182 In section 6, page 4, line 37, after <causeway,> insert <launching site, groyne, weir, boulder weir, embankment of canalised waterways,>

Roseanna Cunningham

183 In section 6, page 4, line 37, leave out <or wall> and insert <, wall or any thing designed to facilitate passage>

Section 7

Roseanna Cunningham

184 In section 7, page 5, line 13, at end insert-

<( ) Section 6(1)(b) above is without prejudice to any existing right of access through a farmyard.>

Rhona Brankin

185 In section 7, page 5, leave out lines 32 to 35

After section 7

Roseanna Cunningham

80A As an amendment to amendment 80, line 3, at end insert <provided that such modification does not have the effect of-

(a) materially reducing the extent of the statutory right of access secured by;

(b) materially increasing the extent of the obligations imposed on owners of land by,

this Act as enacted.>

Roseanna Cunningham

80B As an amendment to amendment 80, line 7, leave out from <consult> to end of line 9 and insert <give public notice of the proposed order and the reasons for making it and shall invite views on the proposed order to be submitted to them within such reasonable time as is stipulated in the notice.>

Section 9

Roseanna Cunningham

83A As an amendment to amendment 83, line 2, leave out <being on or crossing land for the purpose of>

Dennis Canavan

83B As an amendment to amendment 83, line 2, leave out <, shooting or fishing> and insert <or shooting>

Roseanna Cunningham

85A As an amendment to amendment 85, line 2, leave out <being on or crossing land for the purpose of>

Section 10

Scott Barrie

88A As an amendment to amendment 88, line 1, after <is> insert <or is>

Scott Barrie

89A As an amendment to amendment 89, line 2, after <is> insert <or is>

Before section 12

Pauline McNeill

92A As an amendment to amendment 92, line 4, after <it> insert <for a particular purpose specified in the order>

Dennis Canavan

Supported by: Pauline McNeill

92B As an amendment to amendment 92, line 6, leave out from <(which> to <darkness")> in line 7

Pauline McNeill

92C As an amendment to amendment 92, line 8, at end insert-

<( ) It is the duty of the local authority when making an order to ensure that it will have effect for the period necessary to secure the objectives of the order.>

Pauline McNeill

92D As an amendment to amendment 92, line 8, at end insert-

<( ) The order must indicate-

(a) the specific purpose of;

(b) the land covered by; and

(c) the duration of,

the order.>

Pauline McNeill

92E As an amendment to amendment 92, line 17, leave out <such a period> and insert <six or more days>

Pauline McNeill

92F As an amendment to amendment 92, line 34, at end insert-

<and shall refuse to confirm it if they consider (whether or not on the basis of any objections or representations sent to them under subsection (4) above) that the purpose of the order is contrary to the general principles of the Act.>

Pauline McNeill

92G As an amendment to amendment 92, line 52, leave out <five> and insert <two>

Roseanna Cunningham

92H As an amendment to amendment 92, line 52, leave out <five years> and insert <one year>

Pauline McNeill

92I As an amendment to amendment 92, line 59, leave out <five> and insert <two>

Section 12

Stewart Stevenson

186 In section 12, page 7, line 15, leave out <and under section above>

Stewart Stevenson

187 In section 12, page 7, line 17, leave out <and under section above>

Roseanna Cunningham

188 In section 12, page 7, leave out line 19

Section 14

Dennis Canavan

189 In section 14, page 9, line 7, leave out <may> and insert <shall request the owner of the land to take such measures as they think necessary in accordance with their duty under section 13(1) above.

( ) Where the owner fails to comply with such a request, the local authority shall,>

Dennis Canavan

190 In section 14, page 9, line 10, leave out <may> and insert <shall>

Dennis Canavan

191 In section 14, page 9, line 23, at end insert-

<( ) Any sign or notice indicating a general prohibition on angling without permission in an area which is not covered by a protection order under the Freshwater and Salmon Fisheries (Scotland) Act 1976 (c.22) shall be regarded as having been put up for the purpose mentioned in subsection (1) above.>

Section 15

Dennis Canavan

192 In section 15, page 9, line 33, leave out <may> and insert <shall request the owner of the land to take such measures as they think necessary to remove the risk of injury.

( ) Where the owner fails to comply with such a request, the local authority shall,>

Section 18

Dennis Canavan

193 In section 18, page 11, line 25, after <adopt> insert <and implement>

Dennis Canavan

194 In section 18, page 12, line 1, after <adoption> insert <and date of implementation>

After section 18

Roseanna Cunningham

104A As an amendment to amendment 104, line 29, leave out <draw up an amended plan> and insert <amend the plan>

Section 29

Stewart Stevenson

195 In section 29, page 17, line 29, after <land;> insert <(or, if the owner is resident abroad, a person appointed by the owner to act as manager of the land)>

Section 30

Roseanna Cunningham

196 In section 30, page 18, line 23, leave out <Ministers> and insert <the local authority in whose area the land lies>

Roseanna Cunningham

197 In section 30, page 18, line 24, leave out <Ministers> and insert <the local authority>

Roseanna Cunningham

198 In section 30, page 18, line 33, leave out <Ministers> and insert <the local authority>

Section 31

Roseanna Cunningham

199 In section 31, page 19, line 6, after <is> insert <a community council or>

Section 34

Roseanna Cunningham

200 In section 34, page 23, line 32, leave out from beginning to <only> and insert <A community interest in land may cover more than>

Section 35

Roseanna Cunningham

201 In section 35, page 24, line 31, at end insert-

<( ) Subsection (1)(b) above does not apply when the community body is a community council.>

Section 37

Roseanna Cunningham

202 In section 37, page 26, line 25, at end insert-

<(3A) Subsection (1) above operates so as to prohibit-

(a) transfers of land to a person who is resident, or a company, trust, or partnership which is registered, in a country or territory not forming part of the European Union;

(b) transfers of pro indiviso shares in land; and

(c) transfers of shares in a company which owns land in which a community interest is registered.

(3B) In any case to which subsection (3A) above applies, subsection (4) below does not apply.>

Section 41

Roseanna Cunningham

203 In section 41, page 28, line 29, at end insert-

<( ) When a community body re-registers a community interest in land-

(a) for the purposes of section 34(1), the community body need supply only such information as is necessary to identify the community interest on the register of interests in land;

(b) Ministers shall be satisfied as mentioned in section 34(4) without the community body taking the steps mentioned in section 34(5), unless Ministers have received indication to the contrary;

(c) Ministers shall be satisfied as mentioned in section 35(1)(b) unless they have received representations to the contrary;

(d) Ministers shall be satisfied as mentioned in section 35(1)(d) without regard to section 35(2), unless they have received representations to the contrary.>

Section 45

Roseanna Cunningham

204 In section 45, page 30, line 26, at end insert-

<(5A) Where the community body confirms that it wishes to assign its right to buy to another community body, Ministers shall-

(a) if they approve the assignation to that other community body, notify both community bodies and the owner of the land of that decision and direct the Keeper to amend the Register accordingly; or

(b) if they do not approve the assignation, send to the community body wishing to make the assignation, and copy to the other community body, a notice in the prescribed form stating their decision and giving the body a further opportunity to exercise its right to buy the land.

(5B) Subsections (3) and (5) above shall apply to a notice under subsection (5A)(b) above as they apply to a notice under subsection (2)(a) above.>

After section 56

Roseanna Cunningham

205 After section 56, insert-

<Chapter

Compulsory purchase

Power to purchase registered land compulsorily

(1) Where-

(a) a community interest in land has been registered under section 34 above; and

(b) a ballot has been held under section 47 above on the question whether the community body should buy the land,

the local authority within whose area the land is situated may, subject to subsection (2), apply to Ministers for authority to purchase the land compulsorily on behalf of the community body.

(2) An application under subsection (1) above may be made only if the authority consider that-

(a) purchasing the land compulsorily would be an appropriate exercise of their power under section 21 of the Local Government in Scotland Act 2002 (asp 00) (which includes power to do anything considered likely to promote or improve the well-being of persons within the authority's area);

(b) the community body, if the land was so purchased on its behalf, would use the land in a way that promoted its sustainable use and development; and

(c) there is no reasonable likelihood of the community body being able to exercise the right to buy under this Part of this Act within a reasonable period.

(3) An application under subsection (1) above shall be made in such form as may be prescribed, and the authority shall serve copies on-

(a) the owner of the land; and

(b) the community body.

(4) On determining an application under subsection (1) above, Ministers shall-

(a) notify the authority, the owner of the land and the community body of their decision; and

(b) if they approve the application, appoint a valuer to assess the value of the land as at the date of Ministers' approval of the application.

(5) Subsections (3), (5), (6), (7)(a) and (c) and (10) of section 55 above, and section 56 above, apply to a valuer appointed under subsection (4)(b) above as they apply to a valuer appointed under section 55(1) above but as if-

(a) for any reference to the community body which is exercising its right to buy the land, there were substituted a reference to the community body; and

(b) in section 55(3), after the reference to the owner of the land, there was added a reference to the authority.

(6) Where an application under subsection (1) above is approved by Ministers, the authority may-

(a) purchase the land compulsorily for the price fixed by the valuer appointed under subsection (4)(b) above; and

(b) transfer ownership of the land, without charge, to the community body or otherwise secure for the community body rights in relation to the use of the land equivalent to those of ownership.

(7) Where the land is purchased compulsorily under subsection (6)(a) above-

(a) the community body's right to buy the land is, on the date of purchase, extinguished; and

(b) Ministers shall direct the Keeper to delete the community body's interest from the Register.>

After section 57

Roseanna Cunningham

206 After section 57, insert-

<Appeals: compulsory purchase

(1) An appeal to the sheriff may, by summary application, be made-

(a) by-

(i) the owner of the land;

(ii) a person who is a member of a community as defined for the purposes of section 31(1)(a) above in relation to the community body or who has any interest in the land giving rise to a right which is legally enforceable by that person,

against a decision by Ministers to approve an application under section (Power to purchase registered land compulsorily)(1) above;

(b) by-

(i) the local authority; or

(ii) the community body,

against a decision by Ministers not to approve such an application.

(2) An appeal under subsection (1) above shall be lodged within 28 days of the date on which Ministers determined the application.

(3) Subsections (5) and (7) of section 57 above apply to an appeal under subsection (1) above as they apply to an appeal under subsection (1), (2) or (3) of that section.

(4) Where an appeal is made-

(a) under subsection (1)(a)(i) above, the owner shall intimate that fact to-

(i) the community body;

(ii) the local authority; and

(iii) Ministers;

(b) under subsection (1)(a)(ii) above, the member of the community shall intimate that fact to-

(i) the owner;

(ii) the community body;

(iii) the local authority; and

(iv) Ministers;

(c) under subsection (1)(b)(i) or (ii) above, the local authority or, as the case may be, the community body shall intimate that fact to-

(i) the owner;

(ii) Ministers; and

(iii) the community body or, as the case may be, the local authority.

(5) Section 58 below applies where the value of land has been assessed by a valuer appointed under section (Power to purchase registered land compulsorily)(4)(b) above as it applies where a valuer has been appointed under section 55(1) above but as if, in subsection (1), for the reference to the community body which is exercising its right to buy the land, there was substituted a reference to the local authority.>

Before section 62

Stewart Stevenson

207 Before section 62, insert-

<Anti-avoidance provisions

(1) A community body may, whether or not it has registered an interest in the land, apply to the Land Court for a determination that an owner of land has, at any time after 31st January 2001, acted with the intention of preventing or inhibiting the exercise of the right to buy conferred by this Part of this Act.

(2) The Land Court, if satisfied that the owner has acted as mentioned in subsection (2) may (either or both)-

(a) order the owner to reverse the action in question;

(b) make such other order as it considers necessary to ensure that the community body can exercise the right to buy conferred by this Part of this Act as if the action in question had not been taken.>

After section 64

Roseanna Cunningham

208 After section 64, insert-

<Duty on Ministers to report on diversity of land ownership

Ministers shall report to the Scottish Parliament at least once every four years on-

(a) the extent to which the exercise of the rights conferred by this Act has contributed to the diversity of land ownership in Scotland; and

(b) measures they are taking to encourage greater diversity of land ownership by the further exercise of those rights.>

Section 68

John Farquhar Munro

209 In section 68, page 45, line 17, at end insert-

<( ) provision whereby the company may only be established by a grazings committee or committees appointed under section 47 of the Crofters (Scotland) Act 1993 (c.44) in relation to common grazing shared by members of the crofting community;

( ) provision whereby the majority of the directors of the company should be nominated by such a grazing committee or committees;>

Schedule 2

Roseanna Cunningham

210 In schedule 2, page 69, leave out paragraph 12 and insert-

<Sections 68 and 69 are repealed as respects Scotland.>

Long Title

Stewart Stevenson

Supported by: Pauline McNeill

211 In the long title, page 1, line 1, leave out <secure> and insert <establish statutory>

Agricultural Holdings (Scotland) Bill - Stage 2 (Amendments in Pdf Format)

Amendments 51, 52, 53, 55, 61 and 62A were lodged as manuscript amendments under Rule 9.10.6. The Convener of the Rural Development Committee has agreed under that Rule that these amendments may be moved at the meeting of the Committee on 21 January 2003.

Section 37

Ross Finnie

Supported by: Allan Wilson

50 Leave out section 37 and insert-

<Agreements as to improvements and compensation for improvements

(1) After section 33 (improvements) of the 1991 Act there is inserted-

"33A Agreements as to improvements and compensation for improvements

Where the tenant has carried out an improvement-

(a) specified in Part II or III of Schedule 5 to this Act; and

(b) by executing work which the landlord was required, at the time the lease was entered into and by virtue of section 5(2)(a) of this Act, to execute in order to fulfil his obligations under the lease,

any term of the lease or of an agreement between the landlord and tenant made before the coming into force of this section which purports to provide that the amount of compensation payable to the tenant for the improvement is less than the amount of compensation to which the tenant is entitled under this Part of this Act for the improvement (or that no compensation is payable) shall be null and void.".

(2) The following provisions of that Act (which relate to agreements as to improvements and compensation for improvements) are repealed-

(a) in section 5, subsection (3);

(b) in section 34, paragraph (b) of subsection (4);

(c) in section 37, subsection (2); and

(d) in section 38, subsection (5).

(3) In section 38 (notice required of certain improvements) of that Act, after subsection (2) there is inserted-

"(2A) Subsection (1) above shall not apply in the case of an improvement mentioned in subsection (1)(c) above if the improvement was carried out by executing work which the landlord was required, at the time the lease was entered into and by virtue of section 5(2)(a) of this Act, to execute in order to fulfil his obligations under the lease.".>

After section 37

Richard Lochhead

51 After section 37, insert-

<Compensation in cases of grants for improvements

In section 36(3) (ascertainment of amount of compensation payable under Part IV) of the 1991 Act, at the beginning of paragraph (b) there is inserted "one half of the amount of".>

Richard Lochhead

52 After section 37, insert-

<Compensation for tenants arising as a result of diversification

In section 34 (right to compensation for improvements) of the 1991 Act, in subsection (1)-

(a) the words "improvements carried out by the tenant" become paragraph (a); and

(b) after that paragraph there is inserted "and

(b) any increase in the value of the holding as a result of-

(i) the use, whether before or after the coming into force of this paragraph, of the holding for a purpose which is not an agricultural purpose; or

(ii) the carrying out of conservation activities.".>

Section 38

Richard Lochhead

53 In section 38, page 27, line 18, after first <to> insert-

<(a) improvements carried out in connection with the use of the land for a non-agricultural purpose; and

(b)>

Ross Finnie

Supported by: Allan Wilson

54 In section 38, page 27, line 28, leave out subsection (4)

Section 40

Richard Lochhead

55 In section 40, page 28, line 17, at beginning insert <one half of the amount of>

Section 41

Ross Finnie

Supported by: Allan Wilson

56 In section 41, page 28, line 28, leave out subsection (2)

Section 42

Ross Finnie

Supported by: Allan Wilson

57 In section 42 page 28, line 35, leave out subsection (2)

Section 44

Ross Finnie

Supported by: Allan Wilson

58 In section 44, page 30, line 9, at end insert-

<(4A) Where the value of an agricultural holding has been increased by-

(a) the use, on or after the coming into force of this section, of the holding for a purpose that is not an agricultural purpose; or

(b) the carrying out of conservation activities,

that increase in value shall be treated as an improvement carried out by the tenant provided that the land is suitable for agricultural use.>

Ross Finnie

Supported by: Allan Wilson

59 In section 44, page 30, leave out lines 10 to 14

Before section 48

Rhoda Grant

Supported by: Stewart Stevenson

60 Before section 48, insert-

<Right to compensation for yielding vacant possession

(1) This section applies to-

(a) a 1991 Act tenancy; and

(b) a limited duration tenancy created under section 2.

(2) Where the landlord wishes to sell the land with vacant possession, the landlord may enter into an agreement in writing with the tenant that-

(a) the tenant will give notice of intention to quit and then vacate the land by such date as may be specified in the agreement; and

(b) the landlord, having sold the land, will pay to the tenant an amount of compensation for so doing calculated by reference to subsection (3) below.

(3) That amount is, subject to subsection (8), half of the difference between-

(a) the price for which the land is sold; and

(b) the estimated value of the land if it had been sold with the tenant still in occupation,

minus half of the cost of the valuation carried out for the purposes of paragraph (b).

(4) Where the tenant wishes to quit the land, the tenant may enter into an agreement in writing with the landlord that-

(a) the tenant will give notice of intention to quit and then vacate the land by such date as may be specified in the agreement; and

(b) the landlord will pay to the tenant an amount of compensation for so doing calculated by reference to subsection (5) below.

(5) That amount is, subject to subsection (8), half of the difference between-

(a) the estimated value of the land if sold with vacant possession; and

(b) the estimated value of the land if sold with the tenant still in occupation,

minus half of the cost of the valuations carried out for the purposes of paragraphs (a) and (b).

(6) Any valuation for the purposes of this section is to be carried out by a valuer appointed by agreement between the landlord and the tenant or by a person nominated by them; and in this section "valuer" includes two valuers with an oversman.

(7) A valuer appointed or nominated under subsection (6) is to act, so far as practicable, as if the valuation was subject to subsections (2) to (6) of section 31.

(8) The amount of compensation under subsection (3) or (5) shall take account of-

(a) where the tenancy is a limited duration tenancy, the proportion of the term of the tenancy which is unexpired; and

(b) in any case, any-

(i) investments;

(ii) improvements; and

(iii) repairs and maintenance,

in the holding made by both tenant and landlord over the period of the lease.>

Before section 52

Richard Lochhead

61 Before section 52, insert-

<Effect of breach of landlord's obligations on rent

After section 5 (fixed equipment and insurance premiums) of the 1991 Act there is inserted-

"5A Tenant's right to withhold rent where section 5 not complied with

(1) This section applies where a landlord of an agricultural holding to which section 5 applies has failed to carry out the work necessary to comply with the undertaking to which he is deemed to be subject by virtue of subsection (2) of that section.

(2) Where this section applies, the tenant may-

(a) serve on the landlord a notice stating his intention to withhold the rent and describing the work the failure to carry out which has led to the non-compliance; and

(b) if, at the end of the period of 90 days beginning with service of a notice under paragraph (a), the landlord has failed without reasonable cause-

(i) to carry out the work described in the notice; or

(ii) otherwise to take such action as is necessary to comply with the undertaking,

withhold the rent until the landlord has either carried out that work or otherwise taken such action.".>

Section 54

Ross Finnie

Supported by: Allan Wilson

62 In section 54, page 35, line 8, at end insert-

<( ) in subsection (3), for the words from "there" to the end there is substituted "disregarding-

(a) any effect on rent of the fact that the tenant is in occupation of the holding; and

(b) any distortion in rent due to a scarcity of lets,

but having regard to the matters referred to in subsection (4) below.";

( ) for subsection (4) there is substituted-

"(4) For the purposes of determining the rent payable under subsection (3) above, the Land Court shall have regard to the following-

(a) information about rents of other agricultural holdings (including when fixed) and any factors affecting those rents (or any of them) except any distortion due to a scarcity of lets; and

(b) the current economic conditions in the relevant sector of agriculture.";>

Richard Lochhead

62A As an amendment to amendment 62, line 14, at end insert-

<"but shall not determine a rent payable by having regard to both paragraphs that is higher than it would determine by having regard only to paragraph (b).">

Section 55

Ross Finnie

Supported by: Allan Wilson

63 In section 55, page 35, line 22, leave out from <", or"> to end of line 23 and insert <"has" to the end there is substituted "requires to be obtained, and has been obtained, under the enactments relating to town and country planning".>

Ross Finnie

Supported by: Allan Wilson

64 In section 55, page 35, leave out lines 34 and 35 and insert-

<"(5) For the purposes of subsection (2)(b) above-

(a) "the community"-

(i) shall be defined by reference to the postcode unit (or postcode units) pertaining to the holding and the vicinity of the holding; and

(ii) comprises the persons from time to time resident in that postcode unit (or any of those postcode units);

(b) "economic benefits" shall be defined by reference to an increase, or the potential for increase, in employment or income;

(c) "social benefits" shall be defined by reference to the likely-

(i) sustaining of, or increase in, the population and

(ii) improvement of amenities and services.

(6) In subsection (5)(a) above, "postcode unit" means an area, determined by the Registrar General for Scotland, in relation to which a single postcode is used to facilitate the identification of postal service delivery points in the area.

(7) The Land Court shall, for the purposes of its determining the matters referred to in subsection (2)(b) above, have regard to such representations as it considers may assist in its consideration of those matters.".>

Schedule

Ross Finnie

Supported by: Allan Wilson

65 In the schedule, page 52, leave out lines 16 to 21

Mental Health (Scotland) Bill - Stage 2

Section 45

Shona Robison

492 In section 45, page 25, line 26, leave out from <the> to end of line and insert <such medical treatment cannot be provided unless a compulsory treatment order is made>

Section 46

Shona Robison

493 In section 46, page 26, line 34, leave out from <subsection (4)> to <practitioner> in line 36 and insert <regulations under subsection (5) below-

( ) one medical examination shall be carried out by an approved medical practitioner;

( ) subject to subsection (4) below, the other shall be carried out by the patient's general medical practitioner;

Shona Robison

494 In section 46, page 27, line 1, leave out subsection (4) and insert-

<(4) Where it is impracticable for the patient's general medical practitioner to carry out an examination, the examination shall be carried out by another approved medical practitioner.>

Section 53

Shona Robison

495 In section 53, page 31, line 6, at end insert-

<(1A) Within five working days of the application being delivered to the Tribunal's offices, the Tribunal shall-

(a) determine the application; or

(b) where a hearing is to be held to determine the application, hold such a hearing.

(1B) In subsection (1A) above, "working day" means a day which is not-

(a) Saturday;

(b) Sunday; or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c.80) in Scotland.>

Shona Robison

496 In section 53, page 31, line 10, at end insert-

<( ) of calling witnesses; and

( ) of requesting clarification of the evidence of any other person with an interest in the application>

Section 60

Shona Robison

497 In section 60, page 35, line 3, leave out from beginning to <necessary> in line 4 and insert <whether it continues to be the case that medical treatment of the type mentioned in paragraph (b) of section 53(5) cannot be provided to the patient unless a compulsory treatment order in respect of the patient remains in force>

Section 64

Shona Robison

498 In section 64, page 36, line 36, leave out from <a> to end of line 37 and insert <medical treatment of the type mentioned in paragraph (b) of section 53(5) cannot be provided to the patient unless a compulsory treatment order in respect of the patient remains in force>

Section 63

Shona Robison

499 In section 63, page 36, line 17, leave out from <a> to end of line 18 and insert <medical treatment of the type mentioned in paragraph (b) of section 53(5) cannot be provided to the patient unless a compulsory treatment order in respect of the patient remains in force>

Section 66

Shona Robison

500 In section 66, page 37, line 29, leave out from <a> to <necessary> in line 30 and insert <medical treatment of the type mentioned in paragraph (b) of section 53(5) cannot be provided to the patient unless a compulsory treatment order in respect of the patient remains in force>

Section 68

Shona Robison

501 In section 68, page 39, line 20, leave out from <a> to <necessary> in line 21 and insert <medical treatment of the type mentioned in paragraph (b) of section 53(5) cannot be provided to the patient unless a compulsory treatment order in respect of the patient remains in force>

Section 71

Shona Robison

502 In section 71, page 41, line 4, leave out from <a> to <necessary> in line 5 and insert <medical treatment of the type mentioned in paragraph (b) of section 53(5) cannot be provided to the patient unless a compulsory treatment order in respect of the patient remains in force>

Section 76

Mrs Mary Mulligan

503 In substitution for amendment 453-

In section 76, page 43, line 5, leave out from <before> to end of line 7 and insert <during the period of 3 months beginning with the making of any of the orders mentioned in subsection (4A) below.

(4A) Those orders are-

(a) the compulsory treatment order;

(b) an order in respect of the compulsory treatment order made under section (Powers of Tribunal on review under section (Tribunal's duty to review determination under section (Responsible medical officer's duty to extend order))) of this Act; and

(c) an order in respect of the compulsory treatment order made by virtue of section 70 of this Act under section 79 of this Act.>

Section 77

Shona Robison

504 In section 77, page 44, line 9, after <evidence;> insert-

<( ) of calling witnesses; and

( ) of requesting clarification of the evidence of any other person with an interest in the application;>

Section 79

Shona Robison

505 In section 79, page 45, line 32, at end insert-

<( ) of calling witnesses; and

( ) of requesting clarification of the evidence of any other person with an interest in the application.>

Section 80

Shona Robison

506 In section 80, page 46, line 9, at end insert-

<( ) of calling witnesses; and

( ) of requesting clarification of the evidence of any other person with an interest in the application.>

Section 83

Shona Robison

507 In section 83, page 47, leave out line 11

Section 85

Shona Robison

508 In section 85, page 48, line 29, leave out subsection (2)

Section 86

Shona Robison

509 In section 86, page 49, line 27, at end insert-

<( ) A certificate under subsection (2) above may only be granted if-

(a) the responsible medical officer has consulted a mental health officer; and

(b) the mental health officer consents to the certificate being granted.>

Section 90

Shona Robison

510 In section 90, page 52, line 34, after <period> insert <, or on such occasions,>

 

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