BB Home

Contents
Announcements
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. 25/2003

Friday 7 February 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 6 February 2003

Criminal Justice (Scotland) Bill - Stage 3

Section 59A

Donald Gorrie

10 In section 59A, page 62, line 26, leave out from <or> to <section> in line 27 and insert <in respect of the offence is different from that which the court would have imposed had the offence not been aggravated by religious prejudice>

Protection of Children (Scotland) Bill - Stage 3

After section 8

Cathy Jamieson

9 After section 8, insert-

<Protection from actions of defamation

It is declared for the purposes of the law of defamation that-

(a) any information submitted with a reference under section 2(1) or 4(1) above;

(b) any observation made in response to an invitation given under section 5(3) or 6(2) above,

is privileged unless it is shown to have been submitted or, as the case may be, made with malice.>

Budget (Scotland) (No.4) Bill - Stage 2

Schedule 1

Peter Peacock

1 In schedule 1, page 6, line 30, column 1, after <Water> insert <and other water grants>

Peter Peacock

2 In schedule 1, page 7, line 31, column 2, leave out <571,740,000> and insert <590,831,000>

Schedule 2

Peter Peacock

3 In schedule 2, page 12, line 3, leave out <21,400,000> and insert <50,000,000>

Section 3

Peter Peacock

4 In section 3, page 2, line 38, leave out <20,355,138,000> and insert <20,299,027,000>

Peter Peacock

5 In section 3, page 3, line 1, leave out <6,244,000> and insert <5,744,000>

Schedule 5

Peter Peacock

6 In schedule 5, page 20, line 23, column 1, leave out from <84> to <authorities)> in line 24 and insert <42 of the Water Industry (Scotland) Act 2002 (asp 3) (Scottish Water)>

After section 7

Peter Peacock

7 After section 7, insert-

<Amendment of Budget (Scotland) Act 2001

The Budget (Scotland) Act 2001 (asp 4) is amended as follows-

(a) in section 3(a), for "17,677,909,000" there is substituted "17,705,112,000";

(b) in schedule 1, in the fourth entry-

(i) in column 1, after "Scotland" there is inserted "for the Student Loans Scheme and related costs";

(ii) in column 2, for "2,149,014,000" there is substituted "2,398,612,000"; and

(iii) in column 4, for "56,340,000" there is substituted "76,340,000".>

Mental Health (Scotland) Bill - Stage 2

Section 95

Mrs Mary Mulligan

850 In section 95, page 72, line 4, leave out from <an> to <practitioner> in line 5 and insert <two medical practitioners>

Mrs Mary Mulligan

851 In section 95, page 72, line 10, after <authorising> insert <, subject to subsection (6A) below, for the period of 6 months beginning with the day on which the order is made>

Mrs Mary Mulligan

852 In section 95, page 72, line 20, leave out <of harm>

Mrs Mary Mulligan

853 In section 95, page 72, line 32, after <hospital> insert <by virtue of subsection (7)(b) below>

Mrs Mary Mulligan

854 In section 95, page 72, line 33, leave out from <approved> to <practitioner> in line 34 and insert <two medical practitioners mentioned in subsection (2)(a) above>

Mrs Mary Mulligan

855 In section 95, page 73, line 4, leave out from <approved> to <practitioner> in line 5 and insert <two medical practitioners mentioned in subsection (2)(a) above>

Mrs Mary Mulligan

856 In section 95, page 73, line 5, leave out from <has> to <only> in line 8 and insert <requires to be detained in hospital>

Mrs Mary Mulligan

857 In section 95, page 73, line 10, at end insert-

<(6A) Where the court-

(a) makes a compulsion order in respect of an offender; and

(b) also makes a restriction order in respect of the offender,

the compulsion order shall authorise the measures specified in it without limitation of time.>

Mrs Mary Mulligan

858 In section 95, page 73, line 11, after <measures> insert <mentioned in subsection (2) above>

Mrs Mary Mulligan

859 In section 95, page 73, leave out lines 12 to 21

Mrs Mary Mulligan

860 In section 95, page 73, line 22, leave out from <, for> to <such> in line 23 and insert <of the offender in the specified>

Mrs Mary Mulligan

861 In section 95, page 73, line 24, leave out from <during> to end of line 26 and insert <in accordance with Part 13 of the Mental Health (Scotland) Act 2002 (asp 00), of medical treatment>

Mrs Mary Mulligan

862 In section 95, page 73, leave out lines 27 to 37 and insert-

<(d) the imposition of a requirement on the offender to attend-

(i) on specified or directed dates; or

(ii) at specified or directed intervals,

specified or directed places with a view to receiving medical treatment;

(e) the imposition of a requirement on the offender to attend-

(i) on specified or directed dates; or

(ii) at specified or directed intervals,

specified or directed places with a view to receiving community care services, relevant services or any treatment, care or service;

(f) subject to subsection (7A) below, the imposition of a requirement on the offender to reside at a specified place;

(g) the imposition of a requirement on the offender to allow-

(i) the mental health officer;

(ii) the offender's responsible medical officer; or

(iii) any person responsible for providing medical treatment, community care services, relevant services or any treatment, care or service to the offender who is authorised for the purposes of this paragraph by the offender's responsible medical officer,

to visit the offender in the place where the offender resides;

(h) the imposition of a requirement on the offender to obtain the approval of the mental health officer to any change of address; and

(i) the imposition of a requirement on the offender to inform the mental health officer of any change of address before the change takes effect.>

Mrs Mary Mulligan

863 In section 95, page 73, line 37, at end insert-

<(7A) The court may make a compulsion order imposing, by virtue of subsection (7)(f) above, a requirement on an offender to reside at a specified place which is a place used for the purpose of providing a care home service only if the court is satisfied that the person providing the care home service is willing to receive the offender.>

Mrs Mary Mulligan

864 In section 95, page 73, line 37, at end insert-

<(7B) The Scottish Ministers may, by regulations made by statutory instrument, make provision for measures prescribed by the regulations to be treated as included among the measures mentioned in subsection (7) above.

(7C) The power conferred by subsection (7B) above may be exercised so as to make different provision for different cases or descriptions of cases or for different purposes.

(7D) No regulations shall be made under subsection (7B) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Scottish Parliament.>

Mrs Mary Mulligan

865 In section 95, page 73, line 39, leave out <descriptions> and insert <description>

Mrs Mary Mulligan

866 In section 95, page 73, line 39, leave out <both medical practitioners specify> and insert <each of the medical practitioners mentioned in subsection (2)(a) above specifies>

Mrs Mary Mulligan

867 In section 95, page 73, line 42, leave out from <a> to end of line 43 and insert <at least one type of mental disorder that the offender has that is also specified by the other>

Mrs Mary Mulligan

868 In section 95, page 74, line 3, at beginning insert <by reference to the appropriate paragraph (or paragraphs) of the definition of "mental disorder" in section 227(1) of the Mental Health (Scotland) Act 2003 (asp 00),>

Mrs Mary Mulligan

869 In section 95, page 74, line 3, leave out from <both> to <having> in line 4 and insert <each of the medical practitioners mentioned in subsection (2)(a) above specifies that the offender has that is also specified by the other>

Mrs Mary Mulligan

870 In section 95, page 74, line 5, after <not> insert <, by virtue of subsection (7)(b) above,>

Mrs Mary Mulligan

871 In section 95, page 74, line 9, leave out from <, in> to <below,> in line 10 and insert <include-

(i) in a case where a compulsion order authorises the detention of the offender in a specified hospital by virtue of subsection (7)(b) above; or

(ii) in a case where a compulsion order imposes a requirement on the offender to reside at a specified place by virtue of subsection (7)(f) above,>

Mrs Mary Mulligan

872 In section 95, page 74, line 13, at end insert < or, as the case may be, place>

Mrs Mary Mulligan

873 In section 95, page 74, leave out lines 14 to 17

Mrs Mary Mulligan

874 In section 95, page 74, line 20, at end insert-

<(xi) make an order under section 200(2)(b) of this Act;

(yi) make an interim compulsion order;

(zi) make a guardianship order;>

Mrs Mary Mulligan

875 In section 95, page 74, leave out lines 28 to 35

Mrs Mary Mulligan

876 In section 95, page 74, line 38, at end insert-

<"community care services" has the meaning given by section 5A(4) of the Social Work (Scotland) Act 1968 (c.49);>

Mrs Mary Mulligan

877 In section 95, page 74, leave out lines 40 and 41

Mrs Mary Mulligan

878 In section 97, page 75, leave out lines 1 and 2

Mrs Mary Mulligan

879 In section 95, page 75, line 2, at end insert-

<"relevant services" has the meaning given by section 19(2) of the Children (Scotland) Act 1995 (c.36);>

Mrs Mary Mulligan

880 In section 95, page 75, line 6, at end insert-

<57AA Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision

(1) Where a compulsion order-

(a) authorises the detention of an offender in a specified hospital; or

(b) imposes a requirement on an offender to reside at a specified place,

this section authorises the removal, before the expiry of the period of 7 days beginning with the day on which the order is made, of the offender to the specified hospital or place, by any of the persons mentioned in subsection (2) below.

(2) Those persons are-

(a) a constable;

(b) a person employed in, or contracted to provide services in or to, the specified hospital who is authorised by the managers of that hospital to remove persons to hospital for the purposes of this section; and

(c) a specified person.

(3) In this section, "specified" means specified in the compulsion order.>

Mrs Mary Mulligan

881 In section 95, page 75, line 10, leave out from beginning to <interview> in line 11 and insert <If directed to do so by the court, the mental health officer shall-

(a) subject to subsection (2A) below, interview>

Mrs Mary Mulligan

882 In section 95, page 75, line 13, at end insert-

<(2A) If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.>

Mrs Mary Mulligan

883 In section 95, page 75, line 21, leave out from beginning to <offender> in line 22

Mrs Mary Mulligan

884 In section 95, page 75, line 24, at end insert-

<(4) In this section-

"carer", and "primary", in relation to a carer, have the meanings given by section 228(1) of the Mental Health (Scotland) Act 2003 (asp 00);

"mental health officer" means a person appointed (or deemed to be appointed) under section 27(1) of that Act; and

"named person" has the meaning given by section 176 of that Act.>

Mrs Mary Mulligan

885 In section 95, page 75, line 37, leave out <which made the compulsion order>

Mrs Mary Mulligan

886 In section 95, page 76, line 3, at end insert-

<(4) In this section, "court" means the court which made the compulsion order.>

Schedule 3

Mrs Mary Mulligan

887 In schedule 3, page 164, line 40, after <hospital> insert <by virtue of paragraph (b) of section 57A(7) of this Act>

 

Top