Back to the Scottish Parliament Business Bulletin No.86/2005: Thursday 26 May 2005
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Section G – Bills

New amendments to Bills lodged on 25 May 2005

Smoking, Health and Social Care (Scotland) Bill – Stage 2

Section 31

Carolyn Leckie

83 Leave out section 31

Protection of Children and Prevention of Sexual Offences (Scotland) Bill – Stage 3

Section 2

Pauline McNeill

36 In section 2, page 3, line 2, at end insert—

<() Before making an application under subsection (1) above, the chief constable shall consult—

(a) any local authority in whose area the person against whom the order is sought—

(i) resides; or

(ii) is believed to be; and

(b) such other persons as the chief constable considers appropriate.>

Margaret Mitchell

37 In section 2, page 3, line 28, at end insert—

<() For the purposes of subsection (4)(a) above, any occasion in relation to which the act within subsection (3) above resulted in the person against whom the order is sought being charged with a criminal offence and being found not guilty of that offence is not to be counted as one of the two or more occasions on which an act within subsection (3) above was done.>

Stewart Stevenson

38 In section 2, page 3, line 39, at end insert—

<(7A) On making a risk of sexual harm order the sheriff may, if the sheriff considers it justified in the circumstances, refer the case of the person against whom the order has effect to the Scottish Ministers.

(7B) The Scottish Ministers shall include an individual referred to them under subsection (7A) above in the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003 (asp 5).

(7C) On so including an individual in the list the Scottish Ministers shall—

(a) provide the individual who is so included with notice of that fact; and

(b) if they are aware that the individual is working in a child care position for an organisation at the time of the determination, provide the organisation with such notice.

(7D) For the purposes of subsection (7C) above, “child care position” has the same meaning as in the Protection of Children (Scotland) Act 2003 (asp 5).>

Margaret Mitchell

39 In section 2, page 3, line 39, at end insert—

<() A risk of sexual harm order shall be served on the person against whom the order has effect by a sheriff officer.>

Section 3

Margaret Mitchell

40 In section 3, page 4, line 14, leave out from <but> to end of line 15 and insert <regard the communication to be sexual for that person’s own gratification;>

Margaret Mitchell

41 In section 3, page 4, line 18, leave out from <but> to end of line 19 and insert <regard the communication to be sexual for that person’s own gratification.>

Section 5

Mr Kenny MacAskill

42 In section 5, page 5, line 31, leave out <just> and insert <in the interests of justice>

Margaret Mitchell

43 In section 5, page 5, line 33, leave out <has effect only for a fixed period> and insert <subject to subsection (4A) below, has effect for such a period (not exceeding 3 months) as may be>

Margaret Mitchell

44 In section 5, page 5, line 35, at end insert—

<(4A) The sheriff may, if the main application has not been determined by the time the interim order would otherwise cease to have effect, extend the period for which the order has effect by a period not exceeding 3 months.>

Margaret Mitchell

45 In section 5, page 5, line 38, at end insert—

<() An interim risk of sexual harm order shall be served on the person against whom the order has effect by a sheriff officer.>

Mr Kenny MacAskill

46 In section 5, page 5, line 38 at end insert—

<() Where an interim risk of sexual harm order has been discharged or ceases to have effect without the making of a risk of sexual harm order, the interim order shall be treated as never having been made.>

After section 8

Pauline McNeill

47 After section 8, insert—

<Disclosure of RSHO in criminal proceedings

Where a person against whom a risk of sexual harm order has effect is being prosecuted for a criminal offence, the existence of the order shall not be disclosed to the court unless the judge considers it justified in the circumstances.>

Section 8A

Mr Kenny MacAskill

48 In section 8A, page 7, line 36, leave out <or herself> and insert <, herself or a third person>

Mr Kenny MacAskill

49 In section 8A, page 8, line 8, leave out from <in> to the end of line 9 and insert <consider that

(a) whatever the circumstances or any person’s purpose in relation to them, they are because of their nature sexual; or

(b) because of their nature they may be sexual and because of the circumstances or the purpose of any person in relation to them (or both), they are sexual.>

Margaret Mitchell

50 In section 8A, page 8, line 15, after <aged> insert <13 or over but>

Margaret Mitchell

51 In section 8A, page 8, line 19, at end insert—

<() A person guilty of an offence under this section in respect of a person aged under 13 is liable—

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

(b) on conviction on indictment, to imprisonment for a term up to and including life.>

Section 8D

Cathy Jamieson

52 In substitution for amendment 15—

In section 8D, page 9, line 7 leave out <prostitution or> and insert—

<() provision of sexual services in any part of the world by; or

()>

After section 8D

Mr Kenny MacAskill

53 After section 8D, insert—

<Sections 8B to 8D: definition of sexual services

For the purpose of sections 8B to 8D above, services are sexual if a reasonable person would consider that—

(a) whatever the circumstances or any person’s purpose in relation to them, they are because of their nature sexual; or

(b) because of their nature they may be sexual and because of the circumstances or the purpose of any person in relation to them (or both), they are sexual.>

Section 8H

Marlyn Glen

54 In section 8H, page 10, line 14, leave out from beginning to <relationship;> in line 17

Pauline McNeill

55 In section 8H, page 10, line 16, after <to> insert <or civil partners of>

Mr Kenny MacAskill

56 In section 8H, page 10, line 16, leave out from <or> to <relationship;> in line 17 and insert—

<() living with each other as if they were husband and wife;

() civil partners of each other; or

() living with each other in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex;>

Marlyn Glen

57 In section 8H, page 10, leave out lines 27 to 30

Pauline McNeill

58 In section 8H, page 10, line 29, after <to> insert <or civil partners of>

Mr Kenny MacAskill

59 In section 8H, page 10, line 29, leave out from <or> to end of line 30 and insert—

<() living with each other as if they were husband and wife;

() civil partners of each other; or

() living with each other in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex;>

Marlyn Glen

60 In section 8H, page 11, leave out lines 2 to 5

Pauline McNeill

61 In section 8H, page 11, line 4, after <to> insert <or civil partners of>

Mr Kenny MacAskill

62 In section 8H, page 11, line 4, leave out from <or> to end of line 5 and insert—

<() living with each other as if they were husband and wife;

() civil partners of each other; or

() living with each other in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex;>

Marlyn Glen

63 In section 8H, page 11, line 18, leave out from beginning to <relationship;> in line 21

Pauline McNeill

64 In section 8H, page 11, line 20, after <to> insert <or civil partners of>

Mr Kenny MacAskill

65 In section 8H, page 11, line 20, leave out from <or> to <relationship;> in line 21 and insert—

<() living with each other as if they were husband and wife;

() civil partners of each other; or

() living with each other in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex;>

Mr Kenny MacAskill

66 In section 8H, page 11, line 27, at end insert—

<() For the purposes of this section, a child consents if he or she agrees by choice and has the freedom and capacity to make that choice.>

Schedule 2

Mr Kenny MacAskill

67 In schedule 2, page 17, line 35, leave out <prostitute> and insert <person involved in the provision of sexual services>

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.

Karen Whitefield MSP: Proposed Christmas and New Year’s Day Trading in Scotland Bill —Proposal for a Bill to prohibit large retail premises from trading on Christmas Day and New Year’s Day. (lodged 11 May 2005)

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.

A copy of the statement of reasons on why further consultation is not required lodged on 1 December 2004 is available in the Scottish Parliament Information Centre (SPICe).

The Justice 1 Committee indicated on 12 January 2005 that they were satisfied with those reasons.

Supported by: Marlyn Glen, Brian Adam, Mr Alasdair Morrison, Dr Elaine Murray, Michael McMahon, Maureen Macmillan, Bill Butler, Kate Maclean, Des McNulty, Margaret Jamieson, Mr Kenneth Macintosh, Mrs Mary Mulligan, Christine May, Mike Pringle, Bristow Muldoon, Marilyn Livingstone, Jackie Baillie, Tommy Sheridan, Cathie Craigie, Mr John Home Robertson, Cathy Peattie, Scott Barrie, Janis Hughes, Ms Sandra White, Dr Jean Turner, Paul Martin*, Dr Sylvia Jackson*, Sarah Boyack*, Ms Rosemary Byrne*