Back to the Scottish Parliament Business Bulletin No.26/2005: Friday 11 February 2005
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

An
A
C
D


Section G – Bills

New amendments to Bills lodged on 10 February 2005

Fire ( Scotland) Bill – Stage 3

Section 45

Bill Butler

27 In section 45, page 23, line 18, at end insert—

<( ) The reference in subsection (2)(b) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)) whose membership consists of or includes employees of relevant authorities.>

Section 46

Bill Butler

28 In section 46, page 24, line 13, at end insert—

<( ) The reference in subsection (2)(b)(i) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)) whose membership consists of or includes employees of relevant authorities.>

Section 49

Colin Fox

29 In section 49, page 25, line 7, leave out <reasonably>

Section 65

Cathy Jamieson

30 In section 65, page 36, line 21, leave out <those regulations> and insert <the regulations or order>

Section 67

Cathy Jamieson

31 In section 67, page 38, line 21, leave out from <(other> to <subsection)> in line 22

Cathy Jamieson

32 In section 67, page 38, line 25, leave out subsection (9A) and insert—

<(9A) Subsection (9) shall not apply in relation to—

(a) an offence under subsection (1) in respect of a failure to comply with the duty mentioned in paragraph (a)(i) of that subsection;

(b) an offence under subsection (3) in respect of a failure to comply so far as is reasonably practicable with a requirement or, as the case may be, a prohibition.>

Colin Fox

33 In section 67, page 38, line 29, leave out <reasonably>

Cathy Jamieson

34 In section 67, page 38, line 30, leave out subsections (11) and (12) and insert—

<( ) In any proceedings for an offence under subsection (3) in respect of a failure to comply so far as is practicable with a requirement or, as the case may be, a prohibition, the onus of showing that it was not practicable to do more than was done shall be on the accused.

( ) In any proceedings for an offence under subsection (3) in respect of a failure to comply so far as is reasonably practicable with a requirement or, as the case may be, a prohibition, the onus of showing that it was not reasonably practicable to do more than was done shall be on the accused.>

Section 78

Colin Fox

35 In section 78, page 44, line 33, at end insert—

<( ) The Scottish Ministers, following consultation, shall by regulations provide for the setting up of a replacement body to directly advise the Scottish Ministers.>

Section 81

Dr Sylvia Jackson (on behalf of the Subordinate Legislation Committee)

In section 81, page 46, line 3, for <56(7), 72(6)> substitute <55(2)(c), 56(7), 67(9A), (11) or (12), 72(6) or (7)>

Further and Higher Education ( Scotland) Bill – Stage 2

Section 8

Richard Baker

14A As an amendment to amendment 14, leave out lines 5 to 6 and insert—

<( ) the National Union of Students Scotland and such other bodies of persons which appear to the Scottish Ministers to be representative of students of the fundable bodies as the Scottish Ministers consider appropriate;>

Section 22

Fiona Hyslop

30 In section 22, page 11, leave out lines 34 and 35 and insert—

<( ) where it considers it appropriate to do so, collaborate with those persons.>

Fiona Hyslop

31 In section 22, page 12, line 3, at end insert—

<( ) It is the duty of the Scottish Ministers to secure the collaboration of the persons referred to in subsection (4) with the Council.>

After section 23

Fiona Hyslop

32 After section 23, insert—

<Fundable bodies: charitable status

In exercising its functions under this Act the Council is not to be regarded as directing or otherwise controlling the activities of any fundable body for the purposes of the Charities and Trustee Investment (Scotland) Act 2005 (asp 00).>

Further and Higher Education ( Scotland) Bill – Stage 2

Section 8

Richard Baker

14A As an amendment to amendment 14, leave out lines 5 to 6 and insert—

<( ) the National Union of Students Scotland and such other bodies of persons which appear to the Scottish Ministers to be representative of students of the fundable bodies as the Scottish Ministers consider appropriate;>

Section 22

Fiona Hyslop

30 In section 22, page 11, leave out lines 34 and 35 and insert—

<( ) where it considers it appropriate to do so, collaborate with those persons.>

Fiona Hyslop

31 In section 22, page 12, line 3, at end insert—

<( ) It is the duty of the Scottish Ministers to secure the collaboration of the persons referred to in subsection (4) with the Council.>

After section 23

Fiona Hyslop

32 After section 23, insert—

<Fundable bodies: charitable status

In exercising its functions under this Act the Council is not to be regarded as directing or otherwise controlling the activities of any fundable body for the purposes of the Charities and Trustee Investment (Scotland) Act 2005 (asp 00).>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

The Bills page of the Parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Mark Ruskell: Proposed Liability for Release of Genetically Modified Organisms (Scotland) Bill —Proposal for a Bill to amend the law of damages in relation to the release of genetically modified organisms by making the holder of the consent to release strictly liable for economic damages that result from GM contamination (lodged 25 January 2005)

A copy of the statement of reasons on why further consultation is not required lodged on 13 December 2004 is available in the Scottish Parliament Information Centre (SPICe).

The Environment and Rural Development Committee indicated on 19 January 2005 that it was satisfied with those reasons.

A copy of the consultation paper together with copies of each response and a summary of all responses (including the conclusions drawn from those responses) are available in SPICe.



An
A
C
D