BB Home

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

Business Bulletin No. 71 / 2004

Wednesday 28th April 2004

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 27 April 2004

Antisocial Behaviour etc. (Scotland) Bill - Stage 2

After section 51

Paul Martin

342 In substitution for amendment 289-

After section 51, insert-

Duty to clear land of litter, etc

<After section 94 of the Environmental Protection Act 1990 (c.43) there is inserted-

"94A Duty to clear land of litter or refuse

(1) A local authority may direct the owner or occupier of land within the area of the authority to clear the land, or a designated part of the land, of any litter or refuse.

(2) A direction under subsection (1) must-

(a) be in writing; and

(b) specify a date by which the land, or designated part of the land, must be cleared;

and may impose such further requirements related to the clearance of the land as the local authority considers appropriate under the circumstances.

(3) An owner or occupier who fails, without reasonable excuse, to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.>

Section 53

Mrs Mary Mulligan

343 In section 53, page 29, line 38, after <action> insert <for the purpose of dealing with the antisocial behaviour>

Section 56

Mrs Mary Mulligan

344 In section 56, page 31, line 3, leave out <which> and insert <that>

Mrs Mary Mulligan

345 In section 56, page 31, line 15, at end insert-

<( ) Except as provided in an order under subsection (1), nothing in this Part affects the validity of any lease or occupancy arrangement by virtue of which a person has the use of a relevant house during the period when the order is in force.>

After section 56

Mrs Mary Mulligan

346 After section 56, insert-

<Appeals against orders under section 56

(1) An appeal against the decision of a sheriff making or refusing to make an order under section 56(1) shall be made to the sheriff principal and shall be made within the period of 21 days beginning with the day on which the decision appealed against was made.

(2) Subsection (3) applies where a person appeals against the decision of a sheriff making an order under section 56(1)(a).

(3) The person shall (in addition to complying with any other requirements as to notification imposed by virtue of any enactment) give notice to the person who has the use of the house to which the order relates (the "tenant") of such matters as may be prescribed by the Scottish Ministers by regulations.

(4) Regulations under subsection (3) may include provision for or in connection with-

(a) the form of the notice;

(b) the manner and timing of service of the notice.

(5) If a person fails to comply with subsection (3), the court hearing the appeal may not require the tenant to pay any sums that but for the making of the order would have been due by the tenant.>

Section 59

Mrs Mary Mulligan

347 In section 59, page 32, line 20, at end insert-

<( ) If it is impracticable for the local authority to comply with the requirement in subsection (2)(a)(i), the authority need not do so.>

Section 61

Mrs Mary Mulligan

348 In section 61, page 33, line 9, at end insert-

<( ) If it is impracticable for the local authority to comply with the requirement in subsection (2)(a)(i), the authority need not do so.>

Section 64

Mrs Mary Mulligan

349 In section 64, page 34, line 22, after <occupied> insert <as a dwelling>

Mrs Mary Mulligan

350 In section 64, page 34, leave out lines 35 to 38 and insert-

<(b) it is used for the provision of-

(i) a care home service (as defined in subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001 (asp 8));

(ii) a school care accommodation service (as defined in subsection (4) of that section);

(iii) an independent health care service (as defined in subsection (5) of that section); or

(iv) a secure accommodation service (as defined in subsection (9) of that section);

(c) the house is used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering;

(d) a control order under section 178 of the Housing (Scotland) Act 1987 (c.26) is in force in respect of the house; or

(e) the house is used for holiday purposes.>

Before section 65

Cathie Craigie

351 Before section 65, insert-

<Registers

(1) Each local authority shall prepare and maintain a register for the purposes of this Part.

(2) Each local authority shall make its register available for public inspection at all reasonable times.>

Cathie Craigie

352 Before section 65, insert-

<Appeal against refusal to register or removal from register

(1) Subsection (2) applies where-

(a) under section (Registration)(2)(b) a local authority refuses to enter a person in the register maintained by it under section (Registers)(1); or

(b) under section (Registered person: appointment of agent)(8) or (Removal from register)(1) an authority removes a person from the register.

(2) The sheriff may, on the application of the person, make an order-

(a) requiring the authority to enter the person in the register; and

(b) specifying whether the entry shall be deemed to be made by virtue of subsection (3) or (4) of section (Registration).

(3) Where by virtue of subsection (2) a local authority enters a person in the register maintained by it under section (Registers)(1), the entry shall be deemed to have been made under subsection (2)(a) of section (Registration) by virtue of the subsection specified in the order.

(4) An application such as is mentioned in subsection (2) shall be made by summary application.

(5) An appeal against the decision of a sheriff granting or refusing an application under subsection (2) shall be made to the sheriff principal and shall be made within the period of 21 days beginning with the day on which the decision appealed against was made.

(6) The decision of the sheriff principal on an appeal under this section shall be final.>

Cathie Craigie

353 Before section 65, insert-

<Offence of letting house while not registered

(1) Where-

(a) a relevant person owns a house within the area of a local authority which is subject to-

(i) a lease; or

(ii) an occupancy arrangement,

by virtue of which an unconnected person may use the house as a dwelling; and

(b) the relevant person is not registered by that authority,

the relevant person shall be guilty of an offence.

(2) Nothing in subsection (1) makes it an offence for a relevant person to own a house which is subject to a lease or, as the case may be, occupancy arrangement such as is mentioned in that subsection where-

(a) the person has made an application under section (Application for registration) to the local authority within the area of which the house is situated; but

(b) the application has not been determined under section (Registration) by the authority.

(3) It shall be a defence for a person charged with an offence under subsection (1) to show that there was a reasonable excuse for granting the lease or, as the case may be, entering into the occupancy arrangement, being the landlord under such a lease or being party to the occupancy arrangement in contravention of the subsection.

(4) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.>

Cathie Craigie

354 Before section 65, insert-

<Order that no rent payable

(1) If, on the application of the local authority within the area of which the house to which the application relates is situated, the sheriff is satisfied that the conditions mentioned in subsection (2) are met, the sheriff may make an order that, with effect from the making of the order-

(a) no rent be payable under the lease or occupancy arrangement; and

(b) no other consideration be payable or exigible under the lease or occupancy arrangement.

(2) Those conditions are-

(a) that the owner of the house is a relevant person;

(b) that the house is subject to-

(i) a lease; or

(ii) occupancy arrangement,

by virtue of which an unconnected person may use the house as a dwelling;

(c) that the relevant person is not registered by the local authority; and

(d) that, having regard to all the circumstances relating to the relevant person, it is appropriate to make an order under subsection (1).

(3) The condition mentioned in subsection (2)(c) shall not be taken to be met where-

(a) the relevant person has made an application under section (Application for registration) to the local authority within the area of which the house is situated; but

(b) the application has not been determined under section (Registration) by the authority.

(4) Except as provided in an order under subsection (1), nothing in this Part affects the validity of any lease or occupancy arrangement under which an unconnected person has the use as a dwelling of a house during the period when the order is in force.>

Cathie Craigie

355 Before section 65, insert-

<Appeal against order that no rent payable

(1) An appeal against the decision of a sheriff making or refusing to make an order under section (Order that no rent payable)(1) shall be made to the sheriff principal and shall be made within the period of 21 days beginning with the day on which the decision appealed against was made.

(2) Subsection (3) applies where a person appeals against the decision of a sheriff making an order under section (Order that no rent payable)(1).

(3) The person shall (in addition to complying with any other requirements as to notification imposed by virtue of any enactment) give notice to the person who has the use as a dwelling of the house to which the order relates (the "tenant") of such matters as may be prescribed by the Scottish Ministers by regulations.

(4) Regulations under subsection (3) may include provision for or in connection with-

(a) the form of the notice;

(b) the manner and timing of service of the notice.

(5) If a person fails to comply with subsection (3), the court hearing the appeal may not require the tenant to pay any sums that but for the making of the order would have been due by the tenant.>

Cathie Craigie

356 Before section 65, insert-

<Grants to local authorities

(1) The Scottish Ministers may make a grant to a local authority in respect of costs incurred by the authority by virtue of this Part.

(2) The payment of a grant under subsection (1) may be made subject to such conditions (including conditions as to repayment) as the Scottish Ministers may determine.>

Cathie Craigie

357 Before section 65, insert-

<Application for registration

(1) An application by a relevant person to a local authority for entry in the register maintained by it under section (Registers)(1) shall specify-

(a) the name and address of the relevant person;

(b) the address of each house (if any) within the area of the authority which the relevant person owns and which is subject to-

(i) a lease; or

(ii) an occupancy arrangement,

by virtue of which an unconnected person may use the house as a dwelling; and

(c) if the relevant person has an agent who acts for the person in relation to the lease or occupancy arrangement to which any house specified under paragraph (b) is subject, the name and address of the agent; and

(d) such other information as the Scottish Ministers may by regulations prescribe.

(2) Subject to subsection (3), the application shall be accompanied by such fee as the local authority may determine.

(3) The Scottish Ministers may by regulations prescribe for the purposes of subsection (2)-

(a) fees;

(b) how fees are to be arrived at;

(c) cases in which no fee shall be payable.

(4) A person who, in an application under this section-

(a) specifies information which the person knows is false in a material particular; or

(b) knowingly fails to specify information required by subsection (1),

shall be guilty of an offence.

(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) For the purposes of subsection (1)(b), the use of a house as a dwelling shall be disregarded if-

(a) the house is being used for the provision of-

(i) a care home service (as defined in subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001 (asp 8));

(ii) a school care accommodation service (as defined in subsection (4) of that section);

(iii) an independent health care service (as defined in subsection (5) of that section); or

(iv) a secure accommodation service (as defined in subsection (9) of that section);

(b) the house is being used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering;

(c) a control order under section 178 of the Housing (Scotland) Act 1987 (c.26) is in force in respect of the house; or

(d) the house is being used for holiday purposes.

(7) In this Part-

"relevant person" means a person who is not-

(a) a local authority;

(b) a registered social landlord; or

(c) Scottish Homes; and

"unconnected person", in relation to a relevant person, means a person who is not a member of the family of the relevant person.>

Cathie Craigie

358 Before section 65, insert-

<Registration

(1) This section applies where a relevant person makes an application to a local authority in accordance with section (Application for registration).

(2) Where, having considered the application-

(a) the local authority is satisfied that subsection (3) or (4) applies, the authority shall enter the relevant person in the register maintained by the authority under section (Registers)(1);

(b) the authority is not satisfied that either of those subsections applies, the authority shall refuse to enter the relevant person in the register.

(3) This subsection applies where-

(a) under paragraph (b) of section (Application for registration)(1), the application-

(i) does not specify a house; or

(ii) specifies a house (or two or more houses);

(b) under paragraph (c) of that section, the application does not specify the name and address of an agent; and

(c) the relevant person is a fit and proper person to act as landlord under-

(i) a lease; or

(ii) an occupancy arrangement,

by virtue of which an unconnected person may use a house as a dwelling.

(4) This subsection applies where-

(a) under paragraph (b) of section (Application for registration)(1), the application specifies at least one house;

(b) under paragraph (c) of that section, the application specifies the name and address of an agent;

(c) subsection (3)(c) applies; and

(d) the agent is a fit and proper person to act as agent for a landlord such as is mentioned in that subsection in relation to the lease or, as the case may be, arrangement.

(5) An entry in a register under subsection (2)(a) shall state, in relation to the relevant person, the information specified by virtue of paragraphs (a) to (c) of section (Application for registration)(1) in the application made by the relevant person.

(6) Subject to sections (Registered person: appointment of agent)(8) and (Removal from register)(1), where a local authority makes an entry in a register under subsection (2)(a), the authority shall remove the entry from the register on the expiry of the period of 3 years beginning with the day on which the entry is made.>

Cathie Craigie

359 Before section 65, insert-

<Section (Registration): considerations

(1) In deciding for the purposes of section (Registration)(3) or (4) whether the relevant person or, as the case may be, the agent is a fit and proper person, the local authority shall have regard (among other things) to any material falling within subsections (2) to (4).

(2) Material falls within this subsection if it shows that the relevant person or, as the case may be, the agent has-

(a) committed any offence involving-

(i) fraud or other dishonesty;

(ii) violence; or

(iii) drugs;

(b) practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business; or

(c) contravened any provision of-

(i) the law relating to housing; or

(ii) landlord and tenant law.

(3) Material falls within this subsection if it relates to any actings of the relevant person or, as the case may be, the agent as respects antisocial behaviour affecting a house-

(a) subject to a lease or occupancy arrangement such as is mentioned in section (Registration)(3)(c); and

(b) in relation to which the relevant person was (or is) the landlord under the lease or arrangement or, as the case may be, the agent was (or is) the agent for the landlord in relation to the lease or arrangement.

(4) Material falls within this subsection if it appears to the authority that the material is relevant to the question of whether the relevant person or, as the case may be, the agent is a fit and proper person.

(5) In subsection (3) "actings" includes failure to act.>

Cathie Craigie

360 Before section 65, insert-

<Notification of registration or refusal to register

Where a local authority-

(a) enters a person in its register under paragraph (a) of section (Registration)(2); or

(b) refuses to enter a person in its register under paragraph (b) of that section,

the authority shall, as soon as practicable after doing so, give notice of the fact to the person.>

Cathie Craigie

361 Before section 65, insert-

<Duty of registered person to provide information to local authority

(1) This section applies where a person is registered by a local authority.

(2) If in consequence of a change in circumstances any information provided by the person to the local authority by virtue of section (Application for registration)(1) or, as the case may be, this subsection, becomes inaccurate, the person shall, as soon as practicable after the inaccuracy arises, give notice in writing to the authority of the change that has occurred.

(3) Subject to subsection (4), any notice given under subsection (2) shall be accompanied by such fee as the local authority may determine.

(4) The Scottish Ministers may by regulations prescribe for the purposes of subsection (3)-

(a) fees;

(b) how fees are to be arrived at;

(c) cases in which no fee shall be payable.

(5) A person who, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence.

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.>

Cathie Craigie

362 Before section 65, insert-

<Registered person: appointment of agent

(1) Subsection (2) applies where-

(a) a person is registered by a local authority (the "registered person"); and

(b) the registered person appoints an agent to act for the person in relation to-

(i) a lease; or

(ii) occupancy arrangement,

by virtue of which an unconnected person may use as a dwelling a house within the area of the authority which the registered person owns.

(2) The registered person shall, as soon as practicable after appointing the agent, give notice in writing to the local authority of the appointment.

(3) The local authority shall, as soon as practicable after being given notice under subsection (2), determine whether the condition in subsection (4) is satisfied in relation to the agent.

(4) The condition is that the agent is a fit and proper person to act as agent for the registered person in relation to a lease or occupancy arrangement such as is mentioned in subsection (1)(b).

(5) Subsections (2) to (5) of section (Section (Registration): considerations) shall apply for the purposes of subsection (4) as those subsections apply for the purposes of subsection (1) of that section.

(6) If the local authority determines that the condition in subsection (4) is satisfied-

(a) the registered person shall be deemed, with effect from the date of the determination, to be registered by virtue of subsection (4) of section (Registration); and

(b) the local authority shall give the registered person notice in writing of that fact.

(7) Subsection (6)(a) shall not affect the calculation of the period mentioned in section (Registration)(6).

(8) If the local authority determines that the condition in subsection (4) is not satisfied, the authority shall remove the registered person from the register.>

Cathie Craigie

363 Before section 65, insert-

<Removal from register

(1) Where-

(a) a person is registered by a local authority; and

(b) subsection (2) or (3) applies,

the authority shall remove the person from its register.

(2) This subsection applies where-

(a) the person was registered by virtue of section (Registration)(3); and

(b) paragraph (c) of that section no longer applies.

(3) This subsection applies where-

(a) the person was registered by virtue of section (Registration)(4); and

(b) paragraph (c) or (d) of that section no longer applies.>

Cathie Craigie

364 Before section 65, insert-

<Notification of removal from register

(1) Subsection (2) applies where under section (Registered person: appointment of agent)(8) or (Removal from register)(1) a local authority removes a person from the register maintained by it under section ((Registers)(1).

(2) As soon as practicable after the removal, the local authority shall give the person notice in writing of-

(a) the removal; and

(b) the date of the removal.

(3) Notice under subsection (1) shall be given to the person at the address which, immediately before the removal, was specified as being the address of the person in the entry for the person in the register.

(4) For the purposes of subsection (2), notice is given by being sent by the recorded delivery service.>

Section 65

Cathie Craigie

365 Leave out section 65

Section 66

Cathie Craigie

366 Leave out section 66

Section 67

Cathie Craigie

367 Leave out section 67

Section 68

Cathie Craigie

368 Leave out section 68

Section 69

Cathie Craigie

369 Leave out section 69

Section 70

Cathie Craigie

370 Leave out section 70

Section 71

Cathie Craigie

371 Leave out section 71

Section 72

Cathie Craigie

372 Leave out section 72

Section 73

Cathie Craigie

373 Leave out section 73

After section 74

Cathie Craigie

374 After section 74, insert-

<Interpretation of Part 8

(1) In this Part-

"house" means, subject to subsection (2), a building or part of a building occupied or intended to be occupied as a dwelling;

"landlord", in relation to an occupancy arrangement, means the person who under the arrangement permits another to occupy the building or, as the case may be, the part of the building;

"occupancy arrangement" means any arrangement under which a person having the lawful right to occupy a house permits another, by way of contract or otherwise, to occupy the house or, as the case may be, part of it; but does not include a lease;

"registered", in relation to a relevant person and a local authority, means entered by virtue of section (Registration)(2)(a) in the register maintained by the authority under section (Registers)(1); and cognate expressions shall be construed accordingly;

"relevant person" has the meaning given by section (Application for registration)(7);

"unconnected person" has the meaning given by section (Application for registration)(7); and

"use as a dwelling" shall be construed in accordance with section (Application for registration)(6).

(2) If two or more dwellings within a building share the same toilet, washing or cooking facilities, then those dwellings shall be deemed to be a single house for the purposes of this Part.

(3) For the purposes of this Part, any reference to a person's being a member of another's family shall be construed in accordance with section 108(1) and (2) of the Housing (Scotland) Act 2001 (asp 10).

(4) For the purposes of this Part, a person engages in antisocial behaviour if the person-

(a) acts in a manner that causes or is likely to cause alarm, distress, nuisance or annoyance; or

(b) pursues a course of conduct that causes or is likely to cause alarm, distress, nuisance or annoyance,

to a person residing in, visiting or otherwise engaging in lawful activity at, or in the locality of, a house; and antisocial behaviour shall be construed accordingly.>

Section 75

Cathie Craigie

375 Leave out section 75

Section 106

Mrs Mary Mulligan

376 In section 106, page 61, line 5, at beginning insert <Where subsection (1A) applies,>

Mrs Mary Mulligan

377 In section 106, page 61, line 10, leave out from <if> to end of line 11 and insert-

<(1A) This subsection applies if the disclosure is necessary or expedient for the purposes of any provision of-

(a) this Act; or

(b) any other enactment the purpose of which is to make provision for or in connection with antisocial behaviour or its effects.>

Mrs Mary Mulligan

378 In section 106, page 61, line 15, at end insert-

<( ) an authority administering housing benefit>

Local Governance (Scotland) Bill - Stage 2

Section 10

Mr Andy Kerr

39 In section 10, page 6, leave out lines 5 to 11

Mr Andy Kerr

40 In section 10, page 6, line 16, leave out from beginning to <above",> in line 17

Mr Andy Kerr

41 In section 10, page 6, leave out line 20 and insert-

<( ) Schedule 5 is repealed,

( ) in sub-paragraph (2) of paragraph 1 of Schedule 6, for the words from "of", where third occurring, to the end of that sub-paragraph substitute "calculated by dividing the number of local government electors in each electoral ward of that local government area by the number of councillors to be returned in that ward shall be, as nearly as may be, the same.", and

( ) at the end of sub-paragraph (3) of that paragraph insert-

"but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.">

 

Nature Conservation (Scotland) Bill - Stage 3

Section 2

Allan Wilson

 

21 In section 2, page 1, line 25, leave out <or approve for publication> and insert <in such manner (including on the internet or by other electronic means) as they think fit>

Allan Wilson

 

22 In section 2, page 2, line 2, at end insert-

<( ) The Scottish Ministers may from time to time review any lists published under subsection (3A).

( ) Where, following such a review, the Scottish Ministers consider that any such lists should be revised they must publish revised lists under that subsection.>

Section 22

Allan Wilson

 

23 In section 22, page 15, line 26, after second <of> insert < reports in relation to the register and>

Section 43

Allan Wilson

 

24 In section 43, page 25, line 26, at beginning insert <may>

Section 51

Allan Wilson

 

25 In section 51, page 30, line 33, leave out <Part I (wildlife) of>

Schedule 5

Allan Wilson

 

26 In schedule 5, page 44, line 26, after <is> insert <, unless SNH has given written intimation to the person who gave the notice of its refusal to consent to the operation specified in it,>

Schedule 6

Allan Wilson

 

27 In schedule 6, page 46, line 35, leave out <Part I (wildlife) of>

Allan Wilson

 

28 In schedule 6, page 46, line 38, at end insert-

<( ) in paragraph (b), for "or destroys" substitute ", destroys or otherwise interferes with",

( ) after paragraph (b) insert-

"(ba) at any other time takes, damages, destroys or otherwise interferes with any nest habitually used by any wild bird included in Schedule A1;",

(bb) obstructs or prevents any wild bird from using its nest;".>

Allan Wilson

 

29 In schedule 6, page 47, line 36, at end insert-

<(5AB)Subject to the provisions of this Part, any person who intentionally or recklessly harasses any wild bird included in Schedule 1A shall be guilty of an offence.>

Allan Wilson

 

30 In schedule 6, page 51, line 18, after <is> insert <, without reasonable excuse,>

Alex Neil

 

31 In schedule 6, page 53, line 36 at end, insert-

<( ) after subsection (1)(e) insert-

"(ea) for the purposes of protecting a bird of the species Columba livia, kept for recreational or sporting activities, from being killed or seriously injured by the species Accipiter nisus;">

Allan Wilson

 

32 In schedule 6, page 58, line 19, at end insert-

<( ) for "1" substitute "A1",>

Allan Wilson

 

33 In schedule 6, page 59, line 17, at end insert-

<Before Schedule 1 insert-

"Schedule A1

Protected nests and nest sites: birds

 

Common name

Scientific name

Eagle, White-tailed

Haliaetus albicilla

 

".

After Schedule 1 insert-

"Schedule 1A

Birds which are protected from harassment

 

Common name

Scientific name

Eagle, White-tailed

Haliaetus albicilla

 

 

 

Top