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Contents
A : Daily Business List
B : Business Programme
C : Agendas of Committee Meetings
D : Oral Questions selected
E : Written questions lodged
F : Motions and Amendments
G : Bills: Notices and Amendments
H : New Documents
J : Parliamentary Bureau: Note of Decisions
K : Progress of Parliamentary Business

Business Bulletin No. 27 / 2004

Tuesday 10th February 2004

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 6 February 2004

Education (Additional Support for Learning) (Scotland) Bill - Stage 2

Section 2

Donald Gorrie

110 In section 2, page 2, line 6, leave out <or>

Donald Gorrie

111 In section 2, page 2, line 6, leave out <or> and insert <and>

Ms Rosemary Byrne

112 In section 2, page 2, leave out lines 7 and 8

Before section 3

Scott Barrie

63A As an amendment to amendment 63, in line 16, at end insert <, which circumstance shall be presumed to arise only exceptionally>

Section 3

Ms Rosemary Byrne

113 In section 3, page 2, line 21, at end insert-

<( ) the best interests of such children and young people, and>

Robert Brown

114 In section 3, page 2, line 33, after <adequacy> insert <and effectiveness>

Robert Brown

65A As an amendment to amendment 65, line 3, leave out <they consider> and insert <is>

Robert Brown

65B As an amendment to amendment 65, line 11, at end insert <, voluntary sector organisation, or parent or relative of the child>

Robert Brown

115 In section 3, page 2, line 35, leave out from <, so> to first <of> in line 37 and insert <provide such additional support as is appropriate for>

Section 4

Lord James Douglas-Hamilton

116 In section 4, page 3, line 18, at end insert-

<(2A) In deciding whether or not a request under subsection (2) is unreasonable, an education authority must take into account the written findings of any process of assessment or examination for the purpose of ascertaining whether the child or young person-

(a) has additional support needs, or

(b) requires a co-ordinated support plan,

submitted to them by the person making the request, provided the person who carried out the process was prima facie an appropriate person to do so.>

Scott Barrie

117 In section 4, page 3, line 20, at end insert-

<( ) the child, if the child has capacity,>

Robert Brown

118 In section 4, page 4, line 4, at end insert-

<(8A) The education authority may, for the purposes of subsection (8), by notice, require any person to co-operate with the arrangements made by the authority under subsection (1).

(8B) Any person who wilfully fails to comply with a requirement under subsection (8A) is guilty of an offence and liable on summary conviction to a fine not exceeding level two on the standard scale.>

Section 5

Scott Barrie

119 In section 5, page 4, line 25, at end insert-

<( ) the child, if the child has capacity,>

Scott Barrie

120 In section 5, page 5, line 15, at end insert-

<( ) the child, if the child has capacity,>

Section 6

Lord James Douglas-Hamilton

121 In section 6, page 5, line 33, at end insert-

<(1A) If, instead of making an assessment request the person making the request submits with the request written findings of the type specified in subsection (1B), the education authority must take those findings into account as if they were findings resulting from a process of assessment or examination carried out in pursuance of an assessment request.

(1B) Written findings are of the type mentioned in subsection (1A) if they-

(a) resulted from a process of assessment or examination for the purpose of ascertaining whether the child or young person to whom the request relates-

(i) has additional support needs, or

(ii) requires a co-ordinated support plan,

carried out by a person who is prima facie an appropriate person to carry out such assessments or examinations, and

(b) conclude that the child or young person has additional support needs or, as the case may be, requires a co-ordinated support plan.>

Robert Brown

122 In section 6, page 5, line 38, after <request> insert <or otherwise>

Ms Rosemary Byrne

123 In section 6, page 5, line 38, leave out from <such> to end of line 39 and insert <an appropriately qualified professional.>

Robert Brown

124 In section 6, page 5, line 38, after <person> insert <and by such means>

Lord James Douglas-Hamilton

125 In section 6, page 5, line 39, after <authority> insert <after consultation with the person making the request>

Lord James Douglas-Hamilton

126 In section 6, page 5, line 39, at end insert-

<(3A) The education authority must inform in writing the person making the request of the findings of the process referred to in subsection (1)(b) and if the person making the request is dissatisfied with those findings that person may arrange for a further such process to be carried out by such person as the person making the request considers appropriate.

(3B) In coming to a view in pursuance of a provision of this Act on whether a child or young person-

(a) has, or continues to have, additional support needs, or

(b) requires, would require, or continues to require a co-ordinated support plan,

an education authority must take account of the written findings of any further process carried out by virtue of subsection (3A) submitted to them by the person making the request, provided the person who carried out the process was prima facie an appropriate person to do so.>

Donald Gorrie

127 In section 6, page 6, line 2, leave out from <includes> to end of line 3 and insert <relates to multi-disciplinary assessment or examination comprising educational, psychological and medical elements, unless the person making the request specifies that one or more of these elements not be included.>

Section 7

Scott Barrie

128 In section 7, page 6, line 24, after second <the> insert <child (if the child has capacity) and the>

Section 8

Scott Barrie

129 In section 8, page 7, line 28, at end insert-

<( ) the child, if the child has capacity,>

Section 9

Scott Barrie

130 In section 9, page 8, line 22, at end insert-

<( ) the child, if the child has capacity,>

Scott Barrie

131 In section 9, page 8, line 39, at end insert-

<( ) to the child, if the child has capacity,>

Section 10

Donald Gorrie

132 In section 10, page 10, line 14, leave out <no later than 12> and insert <at least 24>

Section 11

Donald Gorrie

133 In section 11, page 10, line 40, leave out <no later than 6> and insert <at least 24>

Scott Barrie

134 In section 11, page 11, line 27, at end insert-

<( ) the child, if the child has capacity,>

Section 12

Donald Gorrie

135 In section 12, page 12, line 16, leave out <may> and insert <shall>

Donald Gorrie

136 In section 12, page 12, line 17, at end insert <and such regulations shall make provision for the provision of independent advocacy services to persons who make reference to a Tribunal under section 13(1) and to those such persons who appear before a Tribunal>

Section 13

Fiona Hyslop

137 In substitution for amendment 56-

In section 13, page 12, line 23, at end insert-

<( ) the child, if the child has capacity,>

Ms Rosemary Byrne

138 In section 13, page 13, line 4, at end insert-

<( ) any of the information contained in the plan by virtue of subsection (4)(b) of section 7,>

Donald Gorrie

139 In section 13, page 13, line 11, at end insert <, or

<(vi) failure by an appropriate agency to comply with section 19(3),>

Section 14

Ms Rosemary Byrne

140 In section 14, page 14, line 36, at end insert-

<( ) Where the reference relates to the failure referred to in subsection (3)(d)(vi) of that section, the Tribunal may require the appropriate authority to take such action to address the failure as the Tribunal considers appropriate by such time as the Tribunal may require.>

Section 16

Donald Gorrie

141 In section 16, page 15, line 17, after <authority> insert <or appropriate agency>

Scott Barrie

142 In section 16, page 15, line 18, at end insert-

<( ) children with capacity belonging to that area,>

Donald Gorrie

143 In section 16, page 15, line 21, after <authority> insert <or appropriate agency>

Donald Gorrie

144 In section 16, page 15, line 24, leave out from <in> to end of line 25 and insert <with the relevant authority or agency.>

Scott Barrie

145 In section 16, page 15, line 27, after <parent> insert <, child with capacity>

Donald Gorrie

146 In section 16, page 15, line 28, after <authority> insert <or appropriate agency>

Scott Barrie

147 In section 16, page 15, line 31, after <parent> insert <, child with capacity>

Donald Gorrie

148 In section 16, page 15, line 33, after <authority> insert <or appropriate agency>

Section 17

Scott Barrie

149 In section 17, page 15, line 38, at end insert-

<( ) any child with capacity belonging to that area,>

Section 19

Fiona Hyslop

150 In section 19, page 16, line 26, leave out <unless it considers that the request> and insert-

<( ) Subsection (3) does not require an appropriate agency to do anything which-

(a) they do not otherwise have power to do, or

(b) would result in unreasonable public expenditure being incurred.>

Ms Rosemary Byrne

151 In section 19, page 16, line 38, leave out from <, or> to end of line 39

Section 23

Ms Rosemary Byrne

152 In section 23, page 18, line 27, at end insert-

<( ) appropriate persons to carry out a process of assessment or examination under section 6(1)(b), and the professional qualifications of such persons,>

Before section 24

Scott Barrie

96B As an amendment to amendment 96, line 13, at beginning insert <subject to subsection (3),>

Scott Barrie

96C As an amendment to amendment 96, line 27, at end insert-

<(3) Where the request was made by a child and it would be contrary to the child's best interests to be given the reasons for the decision in relation to the request, or any other information connected with the decision, an education authority must give reasons for the decision to the child's parents instead of the child.>

Section 24

Scott Barrie

153 In section 24, page 19, line 8, at end insert-

<"child with capacity" means-

(a) in relation to the provision of information or advice or the giving of a copy of a plan, a child capable of having a general understanding of the information, advice or plan,

(b) in relation to the making of a request or referral, a child who has a general understanding of the nature of the request or referral and the consequences of making it, and

(c) in relation to a disagreement or dispute, a child who has a general understanding of the nature of the disagreement or dispute and the consequences of a failure to resolve it,

and a child of twelve year of age or more shall be presumed to be of sufficient age and maturity to have understanding; and related expressions shall be construed accordingly,>

 

New amendments to Bills lodged on 9 February 2004

Education (Additional Support for Learning) (Scotland) Bill - Stage 2

Before section 1

Mr Adam Ingram

154 Before section 1, insert-

<Statement of principles

(1) It is the duty of every education authority to-

(a) take account of,

(b) identify,

(c) plan for, and

(d) make adequate provision for,

the support needs of all children and young people who face barriers to education, and to provide adequate support for learning for such children and young people.

(2) The references to barriers to education in subsection (1) includes references to-

(a) social factors,

(b) cognitive factors,

(c) linguistic factors,

(d) disability, or

(e) family or care circumstances.

(3) Such support for learning must, as far as possible, be provided in a way that promotes-

(a) social integration and participation,

(b) continuity of support for the child or young person,

(c) effective transition to the post-school environment,

(d) co-ordination between agencies, and

(e) partnership with-

(i) the child or young person, and

(ii) the parent of the child or young person.

(4) Such support for learning should be of an equivalent standard for all children facing similar barriers to education in terms of-

(a) duration,

(b) intensity,

(c) breadth, and

(d) coherence of-

(i) curriculum,

(ii) extra-curricular activities,

(iii) recording or attainment, and

(iv) encouragement of pupil and parent participation.

Section 1

Lord James Douglas-Hamilton

155 In section 1, page 1, line 14, leave out <prescribed pre-school child> and insert <child under school age but aged two years or over>

Lord James Douglas-Hamilton

156 In section 1, page 1, leave out lines 20 and 21

Section 2

Fiona Hyslop

157 In section 2, page 2, line 3, leave out <continue for more than a year> and insert <have a continuing and sustained impact>

Fiona Hyslop

158 In section 2, page 2, line 4, leave out <significant>

Fiona Hyslop

159 In section 2, page 2, line 10, leave out <a significant> and insert <an>

Fiona Hyslop

160 In section 2, page 2, line 11, after <education> insert <, or other development,>

Fiona Hyslop

161 In section 2, page 2, line 14, leave out <a significant> and insert <an>

Fiona Hyslop

162 In section 2, page 2, line 15, after <education> insert <, or other development,>

Before section 3

Fiona Hyslop

63B As an amendment to amendment 63, line 6, after <responsible> insert-

<( ) each child over two years who has not yet attained school age having additional support needs and belonging to the area of the education authority,>

Mr Kenneth Macintosh

63C As an amendment to amendment 63, line 9, leave out <they consider> and insert <are reasonably>

Ms Rosemary Byrne

63D As an amendment to amendment 63, line 16, at end insert <which would not ordinarily be incurred, which circumstance shall be presumed to arise only exceptionally>

Section 3

Ms Rosemary Byrne

163 In section 3, page 2, line 28, leave out <is not practicable at a reasonable cost> and insert <would result in unreasonable public expenditure being incurred that would not ordinarily be incurred, which circumstance shall be presumed to arise only exceptionally>

Fiona Hyslop

65C As an amendment to amendment 65, line 4, leave out <(other than a prescribed pre-school child)>

Mr Adam Ingram

164 In section 3, page 2, line 39, at end insert-

<( ) Each-

(a) education authority, in drawing up or reviewing their educational improvement objectives, and

(b) headteacher, in drawing up or reviewing a school developmental plan,

must take into account the support for learning required by children and young persons who have one or more barriers to education.>

Section 4

Lord James Douglas-Hamilton

165 In section 4, page 3, line 30, after <inform> insert <, in writing,>

Section 6

Lord James Douglas-Hamilton

166 In section 6, page 5, line 30, leave out <or examination> and insert <, examination or assessment and examination>

Lord James Douglas-Hamilton

167 In section 6, page 5, line 35, leave out from <, and> to end of line 36

Lord James Douglas-Hamilton

168 In section 6, page 5, line 37, leave out <or examination> and insert <, examination or assessment and examination>

Lord James Douglas-Hamilton

169 In section 6, page 5, line 41, after <inform> insert <, in writing,>

Ms Rosemary Byrne

170 In section 6, page 5, line 41, after <decision> insert <in writing within fourteen days of receiving the request>

Lord James Douglas-Hamilton

171 In section 6, page 6, line 2, leave out <or examination> and insert <, examination or assessment and examination>

Lord James Douglas-Hamilton

172 In section 6, page 6, line 3, at end insert <or any combination of these>

Section 7

Mr Kenneth Macintosh

81A As an amendment to amendment 81, in line 11, at end insert-

<( ) Where an education authority decide, under subsection (1A), not to comply with the duty in subsection (1) they must inform-

(a) in the case of a child, the child's parents, or

(b) in the case of a young person-

(i) the young person, or

(ii) if the authority are satisfied that the young person is incapable, the young person's parent,

of this decision in writing.>

Lord James Douglas-Hamilton

173 In section 7, page 6, line 8, at end insert-

<( ) In preparing a co-ordinated support plan under subsection (1), the education authority must have regard to any advice, information or views of which the authority are aware as a result of complying with the duty in section 10(2).>

Lord James Douglas-Hamilton

174 In section 7, page 6, line 15, after first <the> insert <type and amount of>

Mr Adam Ingram

175 In section 7, page 6, line 21, after <section,> insert-

<( ) the name and other appropriate contact details of any person identified in the plan as a person by whom additional support should be provided,>

Section 8

Lord James Douglas-Hamilton

176 In section 8, page 7, line 6, after <adequacy> insert <and effectiveness>

Lord James Douglas-Hamilton

177 In section 8, page 7, line 19, leave out from beginning to <of> and insert <where subsection (3A) applies.

(3A) This subsection applies where there has been>

Lord James Douglas-Hamilton

178 In section 8, page 7, line 21, at end insert-

<( ) Where subsection (3A) applies the education authority must carry out a review of the plan immediately.>

Lord James Douglas-Hamilton

179 In section 8, page 7, line 38, after <inform> insert <, in writing,>

Section 9

Lord James Douglas-Hamilton

180 In section 9, page 8, line 17, after <persons> insert <, in writing,>

Lord James Douglas-Hamilton

181 In section 9, page 9, line 3, at end insert-

<( ) if the person to whom a copy of the plan or amended plan has been given under sub-paragraph (i) or (ii) consents, to such appropriate agencies, or such other persons identified in the plan as a persons by whom additional support should be provided, as the authority considers appropriate,>

Lord James Douglas-Hamilton

182 In section 9, page 9, line 6, leave out <seek to>

Lord James Douglas-Hamilton

183 In section 9, page 9, line 10, leave out <, so far as possible,>

Lord James Douglas-Hamilton

184 In section 9, page 9, line 11, leave out <the> and insert <any>

Mr Kenneth Macintosh

85A As an amendment to amendment 85, line 15, at end insert <or in an annexe to them>

Section 16

Rhona Brankin

185 Move section 16 to after section 11

Section 17

Rhona Brankin

186 Move section 17 to after section 11

After section 19

Ms Rosemary Byrne

187 After section 19, insert-

<Monitoring of implementation of Act

(1) Within-

(a) 12 months of the date on which the provisions of this Act are all in force, and

(b) each subsequent period of 12 months beginning on the anniversary of that date,

the Scottish Ministers must prepare, and lay before the Scottish Parliament, a report on the operation and implementation of this Act.

(2) A report under subsection (1) must include an assessment of whether the Act is being implemented in such a way that children or young persons with similar types of additional support needs are being provided with the same level of support in each education authority area.

(3) If an assessment carried out in pursuance of subsection (2) shows that the level of support being provided to such children or young persons varies between education authority areas, the report under subsection (1) must specify what action the Scottish Ministers intend to take to ensure that the same level of support is provided in each education authority area (that level being at least the minimum standard of support required to be provided under this Act).>

Before section 24

Lord James Douglas-Hamilton

96D As an amendment to amendment 96, line 12, at end insert <in writing>

Ms Rosemary Byrne

96E As an amendment to amendment 96, in line 13, at end insert-

<( ) when the request was an assessment request under section 6, provide such information and such reasons in writing and within 14 days of receiving the request,>

Section 24

Lord James Douglas-Hamilton

188 In section 24, page 20, line 11, after <person> insert-

<(a)>

Lord James Douglas-Hamilton

189 In section 24, page 20, line 14, at end insert-

<(b) who would fall within paragraph (a) but for the fact that the child or young person has been temporarily removed from, or has not commenced, such education pending the resolution of any dispute or outcome of any appeal concerning the child's or, as the case may be, young person's education.>

Section 28

Mr Adam Ingram

190 In section 28, page 21, line 10, leave out <Additional>

 

Nature Conservation (Scotland) Bill - Stage 2

Schedule 6

Mr Alasdair Morrison

185 In schedule 6, page 53, line 43, leave out from <(4)> to end of line 45 and insert <(4)(a), for "the statutory maximum" substitute "40,000",

(  )   after subsection (4) insert-

"(4A)   A person guilty of an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by subsection (3)(d) of that section shall be liable-

(a) on summary conviction, to imprisonment for a term not exceeding six 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 two years or to a fine, or to both.">

Schedule 7

Mr Alasdair Morrison

186 In schedule 7, page 56, line 4, at end insert-

<Deer (Scotland) Act 1996 (c.58)

In schedule 3 (penalties for offences relating to deer) to the Deer (Scotland) Act 1996, after the entry for section 17(2) insert-

"

17(3)

Killing or injuring deer otherwise than by shooting

a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both

 

".>

 

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 of the Standing Orders.

John Farquhar Munro: Proposed Human Organ Transplantation (Register) Bill-Proposal for a Bill to make provision for the transplantation of organs unless an objection is received. (lodged 21 January 2004)

Supported by: Kate Maclean, Robin Harper, Carolyn Leckie, Ms Rosemary Byrne, Tommy Sheridan, Donald Gorrie, Alex Fergusson, Mike Pringle, Iain Smith, Nora Radcliffe, Linda Fabiani, Stewart Stevenson, George Lyon, Mr Stewart Maxwell, Shiona Baird, Dennis Canavan, Frances Curran, Eleanor Scott, Alex Neil, Mr Rob Gibson, Mr Kenny MacAskill, John Swinburne, Margaret Jamieson, Chris Ballance, Nicola Sturgeon, Mr Kenneth Macintosh, Cathie Craigie, Janis Hughes, Paul Martin, Scott Barrie, Mr John Home Robertson, Mr Alasdair Morrison, Christine Grahame

 

 

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