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Announcements
A: Daily Business
B: Business Programme
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
K: Progress of Parliamentary business

 

Business Bulletin No. 28/2003

Wednesday 12 February 2003

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 11 February 2003

Budget (Scotland) (No.4) Bill—The Bill was reprinted as amended at Stage 2 (SP Bill 72A) (Executive Bill).

New amendments to Bills lodged on 11 February 2003

Criminal Justice (Scotland) Bill – Stage 3

Section 15

Mr Jim Wallace

Supported by: Hugh Henry

44 In section 15, page 12, line 33, leave out <, on or after 1st April 1997,>

Section 34

Mr Jim Wallace

Supported by: Hugh Henry

45 In section 34, page 30, line 32, leave out from second <and> to <Act> in line 35

Section 43B

Mr Jim Wallace

Supported by: Hugh Henry

46 In section 43B, page 44, line 1, leave out from <person> to end of line 3 and insert <persons are—

(a) any person against whom the offence appears to have been committed or, where that person is a child, any relevant person; and

(b) any other person or class of persons, subject to such conditions, as may be prescribed.>

Mr Jim Wallace

Supported by: Hugh Henry

47 In section 43B, page 44, line 8, leave out from first <has> to end of line 9 and insert <in relation to a child means—

(a) any parent enjoying parental responsibilities or parental rights under Part I of that Act;

(b) any person in whom parental responsibilities or rights are vested by, under or by virtue of that Act; and

(c) any person who appears to be a person who ordinarily (and other than by reason only of that person’s employment) has charge of, or control over, the child.>

Schedule 3

Mr Jim Wallace

Supported by: Hugh Henry

48 In schedule 3, page 77, line 17, leave out <inserted> and insert <substituted>

Mental Health (Scotland) Bill – Stage 2

After section 160

Mrs Mary Mulligan

1037 After section 160, insert—

<Request for assessment of needs: duty on local authorities and Health Boards

(1) Where—

(a) a—

(i) local authority receive a request in writing for the needs of a person to be assessed under section 12A(1)(a) of the Social Work (Scotland) Act 1968 (c.49); or

(ii) Health Board receives a request in writing for the needs of a person for services which are provided by Health Boards in respect of mentally disordered persons to be assessed; and

(b) any of the circumstances mentioned in paragraphs (a) to (c) of subsection (2) below apply,

the authority or, as the case may be, the Board shall comply with the requirement in subsection (3) below.

(2) The circumstances referred to in subsection (1)(b) above are—

(a) that the request bears—

(i) to be made by a mentally disordered person; and

(ii) to be a request for the needs of that person to be assessed;

(b) that the request bears—

(i) to be made by the primary carer, or named person, of a mentally disordered person; and

(ii) to be a request for the needs of the mentally disordered person to be assessed; and

(c) though the request does not bear to be made as mentioned in paragraph (a) or (b) above, it appears to the local authority or, as the case may be, the Health Board that the request—

(i) is a request for the needs of a mentally disordered person to be assessed; and

(ii) is made by that person, or by that person’s primary carer or named person.

(3) The requirement referred to in subsection (1) above is to give notice, before the expiry of the period of 14 days beginning with the day on which the request is received, to the person who made the request—

(a) of whether—

(i) the local authority intend; or

(ii) the Health Board intends,

to undertake the assessment; and

(b) if the intention is not to undertake the assessment, of the reason why that is the case.>

After section 218

Mrs Mary Mulligan

1038 After section 218, insert—

<False statements

(1) A person who—

(a) knowingly makes, in a relevant document, an entry or statement which is false in a material particular; or

(b) with intent to deceive, makes use of any such entry or statement knowing it to be false,

shall be guilty of an offence.

(2) For the purposes of subsection (1) above, a "relevant document"—

(a) is—

(i) an application under this Act;

(ii) a document accompanying any such application; or

(iii) any other document required or authorised to be granted, prepared, sent or given for any of the purposes of this Act; but

(b) does not include—

(i) a nomination of a named person in accordance with section 177(2) of this Act;

(ii) a declaration made in accordance with section 180(2) of this Act; and

(iii) an advance statement.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.>

 

 

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