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

Business Bulletin No. 86 / 2004

Thursday 20th May 2004

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 19 May 2004

Antisocial Behaviour etc. (Scotland) Bill - Stage 2

Section 89

Mrs Mary Mulligan

407 In section 89, page 48, line 26, leave out from <had> to end of line 27 and insert <was at least 12 years old>

Donald Gorrie

408 In section 89, page 49, line 30, after <work> insert <(including work on a voluntary sector placement)>

Donald Gorrie

409 In section 89, page 49, line 30, at end insert <or training course.>

Section 90

Mrs Mary Mulligan

410 In section 90, page 51, line 29, leave out <In subsection (1) of>

Mrs Mary Mulligan

411 In section 90, page 51, line 30, after <orders)> insert <shall be amended in accordance with subsections (2) and (3).

<(2) In subsection (1),>

Mrs Mary Mulligan

412 In section 90, page 51, line 30, at end insert-

<(3) After subsection (11), there shall be inserted-

"(11A) A court shall not make a restriction of liberty order in respect of a person who is under 16 years of age unless, having obtained a report on the person from the local authority in whose area he resides, it is satisfied as to the services which the authority will provide for his support and rehabilitation during the period when he is subject to the order.".>

Elaine Smith

413 In section 90, page 51, line 30, at end insert-

<( ) After that subsection, insert-

"(1C)Where the offender is under 16, the court must have regard to any views expressed by the Principal Reporter before deciding whether to make a restriction of liberty order.">

After section 94

Stewart Stevenson

404D As an amendment to amendment 404, line 23, leave out from <or> to end of line 24 and insert <, ride-on mower or other similar vehicle, but excludes any vehicle which has been constructed or adapted for use by a person who has a disability and which is being used by such a person provided that such a vehicle is incapable of exceeding 10 miles per hour.>

Stewart Stevenson

405D As an amendment to amendment 405, line 19, leave out from <or> to end of line 20 and insert <, ride-on mower or other similar vehicle, but excludes any vehicle which has been constructed or adapted for use by a person who has a disability and which is being used by such a person provided that such a vehicle is incapable of exceeding 10 miles per hour;>

Section 95

Donald Gorrie

414 In section 95, page 54, leave out lines 10 to 13

Donald Gorrie

415 In section 95, page 54, leave out lines 18 to 20

Donald Gorrie

416 In section 95, page 54, leave out line 27

Donald Gorrie

417 In section 95, page 54, leave out line 28

Section 103

Mrs Mary Mulligan

418 In section 103, page 57, line 19, leave out subsection (2) and insert-

<( ) For subsection (9) there shall be substituted-

"(9) A children's hearing may exercise a power mentioned in subsection (9A) in relation to a child if they are satisfied-

(a) that one of the conditions mentioned in subsection (10) is met; and

(b) that it is necessary to exercise the power concerned.

(9A) The powers are-

(a) that the children's hearing may specify in the supervision requirement that the child shall be liable to be placed and kept in secure accommodation in a residential establishment specified, under subsection (3)(a) above, in the requirement during such period as the person in charge of that establishment, with the agreement of the chief social work officer of the relevant local authority, considers necessary; and

(b) that the children's hearing may impose, under subsection (3)(b) above, a movement restriction condition.".

( ) For subsection (10) there shall be substituted-

"(10) The conditions are-

(a) that the child, having previously absconded, is likely to abscond and, if he absconds, it is likely that his physical, mental or moral welfare will be at risk; and

(b) that the child is likely to injure himself or some other person.">

Mrs Mary Mulligan

419 In section 103, page 57, line 21, leave out from beginning to <above> in line 22 and insert-

<( ) After subsection (10) there shall be added-

"(11) In this section>

Mrs Mary Mulligan

420 In section 103, page 57, line 28, at end insert-

<(12) Where a children's hearing impose a condition such as is mentioned in subsection (9A)(b) above, they shall also impose under subsection (3)(b) above such of the conditions prescribed by the Scottish Ministers for the purposes of this section as they consider necessary in the child's case.>

Mrs Mary Mulligan

421 In section 103, page 57, line 29, leave out from beginning to <(5A)> in line 30 and insert <(13)>

Mrs Mary Mulligan

422 In section 103, page 57, line 31, leave out from <which> to end of line 32 and insert <mentioned in subsection (11)(b) above>

Mrs Mary Mulligan

423 In section 103, page 57, line 33, leave out <(5B)> and insert <(14)>

Mrs Mary Mulligan

424 In section 103, page 57, line 33, leave out <(5A)> and insert <(13)>

Mrs Mary Mulligan

425 In section 103, page 57, line 35, leave out <(3A)> and insert <(11)>

Mrs Mary Mulligan

426 In section 103, page 57, line 36, leave out <under that subsection>

Mrs Mary Mulligan

427 In section 103, page 58, line 8, leave out <(5C)> and insert <(15)>

Mrs Mary Mulligan

428 In section 103, page 58, line 10, leave out <(3A)(b)> and insert <(11)(b)>

Mrs Mary Mulligan

429 In section 103, page 58, line 13, leave out <(5D)> and insert <(16)>

Mrs Mary Mulligan

430 In section 103, page 58, line 14, leave out <(5C)> and insert <(15)>

Mrs Mary Mulligan

431 In section 103, page 58, line 16, leave out <(3A)(b)> and insert <(11)(b)>

Mrs Mary Mulligan

432 In section 103, page 58, line 17, at end insert-

<(17) A children's hearing may include in a supervision requirement a movement restriction condition only if the hearing is constituted from the children's panel for a local government area which is prescribed for the purposes of this section by the Scottish Ministers.>

Schedule 4

Mrs Mary Mulligan

433 In schedule 4, page 69, line 17, at end insert-

<(vb) without prejudice to sub-paragraph (i) above, persons in their area who are under 16 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;">

Mrs Mary Mulligan

434 In schedule 4, page 69, line 27, at end insert-

<( ) The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.".>

Mrs Mary Mulligan

435 In schedule 4, page 69, line 27, at end insert-

<The Housing (Scotland) Act 1987 (c.26)

In subsection (2C)(c) of section 31 of the Housing (Scotland) Act 1987 (duties to persons found to be homeless), for "anti-social behaviour order under section 19 of the Crime and Disorder Act 1998 (c.37)" there shall be substituted "antisocial behaviour order-

(i) under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c.46); or

(ii) under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 00)".>

Mrs Mary Mulligan

436 In schedule 4, page 70, line 12, leave out <93(2)> and insert <93>

Mrs Mary Mulligan

437 In schedule 4, page 70, line 12, after second <2)> insert-

<(a) in subsection (1), in the definition of "relevant authority"-

(i) after "area" insert "there is established"; and

(ii) for "formed" substitute "constituted"; and

(b) in subsection (2)>

Mrs Mary Mulligan

438 In schedule 4, page 71, line 28, at end insert-

<The Housing (Scotland) Act 2001 (asp 10)

( ) The Housing (Scotland) Act 2001 shall be amended as follows.

( ) In section 35(2) (conversion to short Scottish secure tenancy), for "anti-social behaviour order under section 19 of the Crime and Disorder Act 1998 (c.37)" there shall be substituted "antisocial behaviour order-

(a) under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c.46); or

(b) under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 00)".

( ) In paragraph 2 of schedule 6 (grounds for granting short Scottish secure tenancy), for "anti-social behaviour order under section 19 of the Crime and Disorder Act 1998 (c.37)" there shall be substituted "antisocial behaviour order-

(a) under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c.46); or

(b) under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 00)".>

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 Swinburne: Proposed Sale of Homes to pay for Residential Accommodation Bill-Proposal for a Bill to disregard the value of a person's home in the financial assessment undertaken by local authorities to establish contributions towards the cost of residential accommodation placements. (lodged 12 May 2004)

Supported by: Dr Jean Turner, Chris Ballance, Ms Rosemary Byrne, Eleanor Scott, John Farquhar Munro, Dennis Canavan, Mark Ballard, Rosie Kane, Colin Fox, Campbell Martin, Margo MacDonald, Tommy Sheridan*

Alex Neil: Proposed Commissioner for Older People (Scotland) Bill-Proposal for a Bill to establish a Commissioner for Older People with duties to protect and further their rights and interests. (lodged 19 May 2004)

Supported by: Ms Sandra White*, Stewart Stevenson*

 

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