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Contents
A: Daily Business
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. 16/2003

Monday 27 January 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 24 January 2003

Water Environment and Water Services (Scotland) Bill - Stage 3

Section 5

John Scott

82 In section 5, page 5, line 12, at end insert <, and

( ) an analysis of the likely impact of the river basin management planning process on socio-economic activity.>

Section 23

Bruce Crawford

83 In section 23, page 17, line 11, at end insert-

<( ) No regulations may be made under subsection (1) in respect of a river basin district until a river basin management plan for that district has been approved.>

Schedule 1

Nora Radcliffe

84 In schedule 1, page 29, line 16, at end insert-

<A summary of measures proposed or undertaken to promote sustainable flood management within the district.>

Agricultural Holdings (Scotland) Bill - Stage 2

Section 72

Fergus Ewing

85 In section 72, page 44, line 16, after <or> insert <by the Land Court or Lands Tribunal by virtue of>

Fergus Ewing

86 In section 72, page 44, line 18, after <Court> insert <or Lands Tribunal>

Section 29

Fergus Ewing

87 In section 29, page 19, line 36, leave out <Land Court> and insert <Lands Tribunal>

Section 33

Fergus Ewing

88 In section 33, page 23, line 27, leave out <Land Court> and insert <Lands Tribunal>

Fergus Ewing

89 In section 33, page 23, line 31, leave out <Land Court> and insert <Lands Tribunal>

Fergus Ewing

90 In section 33, page 23, line 38, leave out subsection (6)

Fergus Ewing

91 In section 33, page 23, line 38, leave out <Land Court> and insert <Lands Tribunal>

Fergus Ewing

92 In section 33, page 24, line 1, leave out <Land Court> and insert <Lands Tribunal>

Fergus Ewing

93 In section 33, page 24, line 4, at end insert-

<( ) Ministers' powers under the Lands Tribunal Act 1949 (c.42) to make rules as respects that Tribunal extend to such rules as may be necessary or expedient to give full effect to this section.>

Section 78

Fergus Ewing

94 In section 78, page 46, line 21, at end insert-

<"the Lands Tribunal" means the Lands Tribunal for Scotland;>

Mental Health (Scotland) Bill - Stage 2

Section 84

Mrs Mary Mulligan

572 In section 84, page 47, line 35, leave out from <that> to end of line 36 and insert <; or

(ii) an interim compulsory treatment order,

that>

Section 85

Mrs Mary Mulligan

573 In section 85, page 48, line 24, after <order> insert <; or

(ii) an interim compulsory treatment order,>

Mrs Mary Mulligan

574 In section 85, page 49, line 8, at end insert-

<(5A) Where the power conferred by subsection (5) above is exercised in relation to a patient, the patient may be detained in hospital for the period of 72 hours beginning with the arrival by virtue of that subsection of the patient in hospital.>

Mrs Mary Mulligan

575 In section 85, page 49, line 14, leave out subsection (7)

Section 86

Mrs Mary Mulligan

576 In section 86, page 49, line 17, leave out from <after> to <Act> in line 18 and insert <a patient who is subject to an order such as is mentioned in subsection (1)(a)(i) of section 85 of this Act has been examined under subsection (6) of that section and>

Mrs Mary Mulligan

577 In section 86, page 49, line 18, leave out <that>

Mrs Mary Mulligan

578 In section 86, page 49, line 19, at beginning insert <that>

Mrs Mary Mulligan

579 In section 86, page 49, line 20, at end insert <and>

Mrs Mary Mulligan

580 In section 86, page 49, line 21, at beginning insert <that-

(i)>

Mrs Mary Mulligan

581 In section 86, page 49, line 22, leave out <and> and insert <or

(ii)>

Mrs Mary Mulligan

582 In section 86, page 49, line 23, leave out <it is being decided> and insert <the responsible medical officer decides>

Mrs Mary Mulligan

583 In section 86, page 49, line 25, leave out <subsection> and insert <subsections (2C) and>

Mrs Mary Mulligan

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

<(2A) Subsection (2B) below applies where-

(a) a patient who is subject to an order such as is mentioned in subsection (1)(a)(ii) of section 85 of this Act is detained in hospital by virtue of subsection (5A) of that section;

(b) the patient has been examined under subsection (6) of that section;

(c) the patient's responsible medical officer considers that if the patient were not detained in hospital it is reasonably likely that there would be a significant deterioration in the patient's mental health; and

(d) on the expiry of the period of detention authorised by subsection (5A) of that section (the "72 hour period") the period for which the order authorises the measures specified in it will not have expired.

(2B) Subject to subsections (2C) and (3) below, the responsible medical officer may grant a certificate authorising the detention in hospital of the patient for the period beginning with the expiry of the 72 hour period and ending with the expiry of the period for which the order authorises the measures specified in it.

(2C) The power in subsection (2) or (2B) above may be exercised only if-

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

(b) the mental health officer consents to the power being exercised.>

Mrs Mary Mulligan

585 In section 86, page 49, line 28, leave out <under subsection (2) above>

Mrs Mary Mulligan

586 In section 86, page 49, line 29, at end insert-

<( ) A certificate under-

(a) subsection (2) above shall state the responsible medical officer's reasons for believing the conditions mentioned in-

(i) paragraph (a) of subsection (1) above; and

(ii) the sub-paragraph of paragraph (b) of that subsection by virtue of which the certificate is granted,

to be met;

(b) subsection (2B) above shall state the responsible medical officer's reasons for believing the condition mentioned in subsection (2A)(c) above to be met.>

Mrs Mary Mulligan

587 In section 86, page 49, line 30, leave out from <above> to end of line 32 and insert <or (2B) above shall>

Mrs Mary Mulligan

588 In section 86, page 49, line 34, after <(2)> insert <or (2B)>

Mrs Mary Mulligan

589 In section 86, page 49, line 35, leave out <a> and insert <the>

Mrs Mary Mulligan

590 In section 86, page 50, line 6, after <(2)> insert <or (2B)>

Mrs Mary Mulligan

591 In section 86, page 50, line 8, leave out subsections (9) to (14)

After section 86

Mrs Mary Mulligan

592 After section 86, insert-

<Application for variation of compulsory treatment order

(1) This section applies where by virtue of section 86(1)(b)(i) of this Act a patient's responsible medical officer considers that an application should be made to the Tribunal for the compulsory treatment order to which the patient is subject to be modified so as to authorise the detention of the patient in hospital.

(2) The patient's responsible medical officer shall make an application to the Tribunal under section 73 of this Act for an order under section 79 of this Act varying the compulsory treatment order.

(3) Section 72 of this Act applies where an application is to be made under section 73 of this Act by virtue of subsection (2) above as it applies where such an application is to be made by virtue of section (Responsible medical officer's duties: variation of order)(5) of this Act.>

Mrs Mary Mulligan

593 After section 86, insert-

<Certificate under section 86(2) or (2B): responsible medical officer's duty to review

(1) Where a certificate is granted under subsection (2) of section 86 of this Act, the patient's responsible medical officer shall from time to time consider-

(a) whether the condition mentioned in paragraph (a) of subsection (1) of that section continues to be met; and

(b) whether either of the conditions mentioned in paragraph (b) of that section is met.

(2) If, having complied with subsection (1) above, the responsible medical officer is not satisfied-

(a) that the condition mentioned in paragraph (a) of section 86(1) of this Act continues to be met; or

(b) that either of the conditions mentioned in paragraph (b) of that section is met,

the responsible medical officer shall revoke the certificate.

(3) Where a certificate is granted under subsection (2B) of section 86 of this Act, the patient's responsible medical officer shall from time to time consider whether if the patient were not detained in hospital it is reasonably likely that there would be a significant deterioration in the patient's mental health.

(4) If, having complied with subsection (3) above, the responsible medical officer is not satisfied that if the patient were not detained in hospital it is reasonably likely that there would be a significant deterioration in the patient's mental health, the responsible medical officer shall revoke the certificate.>

Mrs Mary Mulligan

594 After section 86, insert-

<Certificate under section 86(2) or (2B): patient's right to apply to Tribunal

(1) Where a certificate is granted under section 86(2) or (2B) of this Act-

(a) the patient; or

(b) the patient's named person,

may apply to the Tribunal for revocation of the certificate.

(2) On an application under subsection (1) above in respect of a certificate under section 86(2) of this Act, the Tribunal shall, if not satisfied-

(a) that the condition mentioned in paragraph (a) of section 86(1) of this Act continues to be met; or

(b) that either of the conditions mentioned in paragraph (b) of that section is met,

revoke the certificate.

(3) On an application under subsection (1) above in respect of a certificate under section 86(2B) of this Act, the Tribunal shall, if not satisfied that if the patient were not detained in hospital it is reasonably likely that there would be a significant deterioration in the patient's mental health, revoke the certificate.>

Section 168

Shona Robison

595 In section 168, page 108, line 6, at end insert-

<(za) any medicine given-

(i) in a dosage which exceeds that recommended in the British National Formulary;

(ii) for a purpose not indicated in the British National Formulary;>

Shona Robison

596 In section 168, page 108, line 18, at end insert-

<(5A) The Scottish Ministers may by order amend subsection (3)(za)(i) or (ii) above, for the purpose of substituting a publication specified in the order for (as the case may be)-

(a) the British National Formulary mentioned in those sub-paragraphs; or

(b) the publication that is for the time being mentioned in those sub-paragraphs in place of the British National Formulary.>

Shona Robison

555A As an amendment to amendment 555, line 2, leave out <subsection (3)(a)> and insert <paragraph (za) or (a) of subsection (3)>

Section 171

Shona Robison

597 In section 171, page 110, line 24, leave out <will not> and insert <is not likely to>

Shona Robison

598 In section 171, page 110, line 27, leave out <does not> and insert <is not likely to>

Section 204

Mrs Mary Mulligan

599 In section 204, page 135, line 33, after <interim> insert <compulsory treatment>

Mrs Mary Mulligan

600 In section 204, page 136, line 3, after <interim> insert <compulsory treatment>

Mrs Mary Mulligan

601 In section 204, page 136, line 7, after <interim> insert <compulsory treatment>

Schedule 3

Mrs Mary Mulligan

602 In schedule 3, page 166, line 37, at end insert-

<( ) In section 47(2) (authority in relation to medical treatment of incapable adult), after "section" insert "and sections 162, 165, 168, 170, 171 and (Scottish Ministers' power to make provision in relation to treatment for certain informal patients) of the 2003 Act".>

Schedule 4

Mrs Mary Mulligan

603 In schedule 4, page 168, line 8, at end insert-

<In section 47(2), the words "and to".

Section 48(1).>

 

 

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