Back to the Scottish Parliament Business Bulletin No.105/2005: Friday 24 June 2005
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Section G – Bills

New amendments to Bills lodged on 23 June 2005

Smoking, Health and Social Care (Scotland) Bill – Stage 3

Section 3

Mrs Nanette Milne

6 In section 3, page 2, line 21, at end insert—

<() A person who removes, covers, defaces or alters any notice required under this section commits an offence.>

Section 4

Rhona Brankin

Supported by: Mr Andy Kerr

7 In section 4, page 3, line 32, at end insert <and that any such provision is to be treated, for the purposes of that section, as if incorporated in it>

After section 4A

Mrs Nanette Milne

Supported by: Mr Brian Monteith

8 After section 4A, insert—

<Enforcement

(1) It is the duty of the appropriate council to enforce the provisions of this Part.

(2) In this section and in section 6 “the appropriate council” means, in relation to no-smoking premises, the council of the area in which those premises are.>

Section 6

Mrs Nanette Milne

Supported by: Mr Brian Monteith

9 In section 6, page 4, line 9, after <may> insert <(on producing, if requested, written evidence of his or her authority)>

Mrs Nanette Milne

Supported by: Mr Brian Monteith

10 In section 6, page 4, line 9, leave out <search> and insert <inspect>

Mrs Nanette Milne

Supported by: Mr Brian Monteith

11 In section 6, page 4, line 10, leave out from <in> to end of line 11 and insert <at any reasonable time, if the officer considers this necessary in pursuance of the officer’s responsibilities under this Part.>

Mrs Nanette Milne

Supported by: Mr Brian Monteith

12 In section 6, page 4, line 11, at end insert—

<(1A) In exercising the power mentioned in subsection (1), the officer may require any person to provide such information, facilities or assistance as the officer considers necessary for that purpose.

(1B) But a person is not obliged by subsection (1A) to answer any question or produce any document which the person would be entitled to refuse to answer or to produce in or for the purposes of proceedings in, a court in Scotland.>

Mrs Nanette Milne

Supported by: Mr Brian Monteith

13 In section 6, page 4, line 11, at end insert—

<() In exercising the power mentioned in subsection (1), the officer may be accompanied by such other persons as the officer considers necessary.>

Mrs Nanette Milne

Supported by: Mr Brian Monteith

14 In section 6, page 4, line 12, leave out subsection (2) and insert—

<(2) The power under subsection (1) may not be exercised by force unless a warrant has been obtained under subsection (2A).

(2A) A sheriff may grant a warrant for the exercise of the power in subsection (1) if satisfied, by evidence on oath, that there are reasonable grounds for the exercise of the power in relation to any specified no-smoking premises (other than a private dwelling house) and that any of the following conditions is satisfied—

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such refusal is reasonably anticipated; or

(c) that a notice of intention to exercise the power in relation to the premises would defeat the object of the exercise of the power.

(2B) A warrant under subsection (2A) continues in force until one month after the date on which the sheriff signed it.>

Mrs Nanette Milne

Supported by: Mr Brian Monteith

15 In section 6, page 4, leave out lines 14 to 19 and insert—

<(a) intentionally obstructs an authorised officer of the appropriate council who is acting in the proper exercise of his or her functions under this section;

(b) without reasonable cause, fails to comply with any requirement made of the person by such an officer who is so acting; or

(c) in giving information which is properly requested of that person by the officer makes a statement which is false in a material particular,

commits an offence.

() But a person does not commit an offence under subsection (3)(c) if the person—

(a) did not know the material particular was false; and

(b) had reasonable grounds to believe that it was true.>

Mrs Nanette Milne

Supported by: Mr Brian Monteith

16 In section 6, page 4, leave out lines 25 and 26

After section 10

Mrs Nanette Milne

17 After section 10, insert—

<Uptake of oral health assessments and eye examinations

(1) In making any kind of arrangements under the 1978 Act or arrangements for pilot schemes under Part 1 of the National Health Service (Primary Care) Act 1997 (c.46) which include the provision of oral health assessments and dental examinations or eye examinations and sight tests free of charge, every Health Board must ensure that those categories of persons who would, immediately before 1st April 2006, have been entitled to receive dental examinations or sight tests free of charge are encouraged to attend at appropriate intervals for oral health assessments and dental examinations and eye examinations and sight tests.

(2) The Scottish Ministers may, for the purpose of ensuring that the duty imposed by subsection (1) continues to apply only in respect of vulnerable categories of persons where uptake of oral health assessments and dental checks or eye examinations and sight tests is low, by order amend that subsection.>

Section 14

Rhona Brankin

Supported by: Mr Andy Kerr

18 Move section 14 to after section 21

Section 15

Mrs Nanette Milne

19 In section 15, page 8, line 33, after <regulations> insert—

<() shall include provision for the same disclosure of information to be required and on the same timescale in respect of the persons mentioned in subsection (2C)(a) as is required in respect of the persons mentioned in subsection (2C)(b); and

()>

Mrs Nanette Milne

20 In section 15, page 9, line 27, at end insert—

<(2C) The persons are—

(a) persons included in any list of persons undertaking to provide general dental services prepared and published by virtue of subsection (2)(a) of this section as in force immediately before the coming into force of section 15 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 00);

(b) applicants for inclusion in the list prepared, maintained and published by virtue of subsection (2) of this section as inserted by that section of that Act.>

Section 17

Mrs Nanette Milne

21 In section 17, page 10, line 39, after <regulations> insert—

<() shall include provision for the same disclosure of information to be required and on the same timescale in respect of the persons mentioned in subsection (2C)(a) as is required in respect of the persons mentioned in subsection (2C)(b); and

()>

Mrs Nanette Milne

22 In section 17, page 11, line 31, at end insert—

<(2C) The persons are—

(a) persons included in any list of persons undertaking to provide general ophthalmic services prepared and published by virtue of subsection (2)(a) of this section as in force immediately before the coming into force of section 17 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 00);

(b) applicants for inclusion in the list prepared, maintained and published by virtue of subsection (2)(a) of this section as inserted by that section of that Act.>

After section 21

Shona Robison

23 After section 21, insert—

<Provision of stoma services

(1) The Scottish Ministers must issue guidance to Health Boards as to arrangements to be entered into with respect to the supply of stoma services and appliances and the assessment of patients’ requirements in relation to such services and appliances.

(2) Such guidance must include provisions ensuring that—

(a) each existing patient is to continue to be able to use the stoma service and appliance which, over time, that patient has found to be most appropriate to their condition; and

(b) new patients are not disadvantaged in comparison with the arrangements which existed immediately before the coming into force of this Part.

(3) A Health Board must, in making arrangements of the type mentioned in subsection (1), comply with the guidance issued under that subsection.>

Section 24

Rhona Brankin

Supported by: Mr Andy Kerr

24 In section 24, page 22, line 12, at end insert <and

() did not die before 29th August 2003;>

Rhona Brankin

Supported by: Mr Andy Kerr

25 In section 24, page 23, line 11, after <claims;> insert—

<() provide for a right of appeal against a decision refusing a claim under the scheme;>

Rhona Brankin

Supported by: Mr Andy Kerr

26 In section 24, page 23, line 16, leave out <(1)(za)> and insert <(1)>

Section 30

Rhona Brankin

Supported by: Mr Andy Kerr

27 In section 30, page 29, line 40, after <adult> insert <(in a case where the person who so issued the certificate was someone other than that practitioner)>

Section 34

Rhona Brankin

Supported by: Mr Andy Kerr

28 In section 34, page 37, line 7, after <section > insert <7A or>

Rhona Brankin

Supported by: Mr Andy Kerr

29 In section 34, page 37, line 12, leave out subsection (4)

Schedule 2

Rhona Brankin

Supported by: Mr Andy Kerr

30 In schedule 2, page 41, line 14, after <157> insert <(no appeal otherwise)>

Rhona Brankin

Supported by: Mr Andy Kerr

31 In schedule 2, page 44, line 39, after <(8)> insert <, at end>

Long Title

Rhona Brankin

Supported by: Mr Andy Kerr

32 In the long title, page 1, line 2, after <places;> insert <to enable the Scottish Ministers by order to vary the minimum age limit of those to whom tobacco may be sold;>

Transport (Scotland) Bill – Stage 3

Section 1

Mr David Davidson

65 In section 1, page 1, line 12, leave out <shall> and insert <may>

Mr David Davidson

66 In section 1, page 1, line 14, leave out <each> and insert <any>

Mr David Davidson

67 In section 1, page 1, line 18, leave out <carrying out the duty> and insert <exercising the power>

Pauline McNeill

68 In section 1, page 1, line 18, at end insert—

<() shall secure that the total number of councillor members of a Transport Partnership is not more than 20;>

Pauline McNeill

69 In section 1, page 1, line 20, leave out <four> and insert <five>

Mr David Davidson

70 In section 1, page 2, line 36, at end insert—

<() An order under this section may modify any enactment.>

Section 5

Fergus Ewing

17A As an amendment to amendment 17, line 7, at end insert—

<() identifying specific projects to be implemented in order to meet the objectives set out in paragraph (a), and setting an order of priority in which those projects should be implemented;>

Fergus Ewing

17B As an amendment to amendment 17, line 18, at end insert—

<() to promote a reduction in the use of private motor vehicles;>

Fergus Ewing

17C As an amendment to amendment 17, line 18, at end insert—

<() to promote bicycle use;>

Mr David Davidson

17D As an amendment to amendment 17, line 23, at end insert <and to support or promote voluntary organisations providing, or helping to provide, access to such places;>

Fergus Ewing

17E As an amendment to amendment 17, line 23, at end insert—

<() to promote wider public access to all forms of public transport provided within the region;>

Fergus Ewing

17F As an amendment to amendment 17, line 26, at end insert <(including a list, in order of priority, of specific projects to be undertaken)>

Fergus Ewing

17G As an amendment to amendment 17, line 33, at end insert—

<() In carrying out the duty under subsection (2)(a) above, the Transport Partnership shall have regard to, and make specific provision in the transport strategy for, all modes of transport—

(a) used; or

(b) in the opinion of the Partnership, with the reasonable potential to be used,

within the region.>

After section 11

Mr David Davidson

71 After section 11, insert—

<Chapter

Transport functions of designated public authorities

Application of transport functions to designated public authorities

(1) The Scottish Ministers may by order provide that, in a region where a Transport Partnership has not been created under section 1(1) above, sections 5, 6, 7, 8, 9 and 10 shall apply in respect of a designated public authority as they would in respect of a Transport Partnership.

(2) For the purposes of this section—

(a) a reference to a Transport Partnership’s constituent councils or council in any of the sections listed in subsection (1) above shall be construed as a reference to any council wholly or partly within the region, and

(b) the reference to two or more partnerships drawing up joint transport strategies in section 9 shall be constituted as a reference to two or more designated authorities, or one or more designated authorities and one or more Transport Partnerships, drawing up joint transport strategies.

(3) In this section “designated public authority” means a Scottish public authority (within the meaning set out on section 126(1) of the Scotland Act 1998 (c.46)) exercising functions wholly or mainly relating to transport, and includes any body to which functions, property, rights and liabilities have been transferred under section 85 of the Transport Act 1985 (c.67).>

Section 12

Mr David Davidson

72 Leave out section 12

Section 13

Mr David Davidson

73 In section 13, page 9, line 23, leave out <, 10 or 12> and insert <or 10>

Mr David Davidson

74 In section 13, page 9, line 29, leave out <, 10 or 12> and insert <or 10>

Mr David Davidson

75 In section 13, page 9, line 34, leave out <, 10 or 12> and insert <or 10>

Mr David Davidson

76 In section 13, page 10, line 1, leave out <, 10 or 12> and insert <or 10>

After section 37

Chris Ballance

77 After section 37, insert—

<Transport management strategies

(1) The Scottish Ministers shall, no later than one year after the day on which this Act comes into force, and at least once every two years thereafter—

(a) publish a target for reducing—

(i) the total distance travelled annually by road vehicles in Scotland; or

(ii) the annual rate of growth of that amount; and

(b) lay before the Scottish Parliament a report setting out—

(i) the measures which the Scottish Ministers propose to take; and

(ii) the progress, if any, made,

to achieve the target.

(2)     A draft report made under this section must be approved by the Scottish Parliament, and if not approved, must be revised by the Scottish Ministers and laid before the Parliament for approval, no later than six months after the decision of the Parliament.>

Section 37A

Fergus Ewing

5 [Withdrawn]

Fergus Ewing

78 In section 37A, page 30, line 41, at end insert—

<() The Committee established under section (Rail Passengers’ Committee for Scotland) shall cease to exist once a Committee has been established under this section.>

Fergus Ewing

52A As an amendment to amendment 52, line 33, at end insert—

<() The Committee established under section (Rail Passengers’ Committee for Scotland) shall cease to exist once a Committee has been established under this section.>

After section 37A

Fergus Ewing

79 In substitution for amendment 6—

After section 37A, insert—

<Network Rail Infrastructure Limited: bonus payments

The Scottish Ministers may make recommendations to the Office of Rail Regulation on the amount of any bonus payments to be paid by Network Rail Infrastructure Limited, or by any successor body having similar responsibilities, to its senior management.>

Section 43

Mr David Davidson

80 In section 43, page 35, line 4 leave out <(2)> and insert <(3)>

Mr David Davidson

81 In section 43, page 35, line 5, leave out subsection (2)

Section 44

Mr David Davidson

82 In section 44, page 36, line 17, leave out <, 12(1)>

Schedule 1

Mr David Davidson

83 In schedule 1, page 38, leave out lines 28 to 33

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.

Bill Butler: Proposed Direct Elections to National Health Service Boards (Scotland) Bill —Proposal for a Bill to require direct elections, for the public, to the majority of places on National Health Service Boards in Scotland (lodged 15 June 2005)

A summary of responses to consultation on the draft proposal together with copies of each response and a summary of the responses, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

A copy of a statement of reasons lodged on 2 March 2005 is available in the Scottish Parliament Information Centre (SPICe).

The Health Committee indicated on 19 April that it was satisfied with those reasons.

Supported by: Scott Barrie, Janis Hughes, Michael McMahon, Mr Frank McAveety, Margaret Jamieson, Paul Martin, Mr Kenneth Macintosh, Jackie Baillie, Marlyn Glen, Helen Eadie, Stewart Stevenson, Cathy Peattie, Maureen Macmillan, Carolyn Leckie, Brian Adam, Mike Watson, John Swinburne, Marilyn Glen, Mr Jamie Stone, Elaine Smith, Mr Kenny MacAskill, Frances Curran, Rosie Kane, Colin Fox, Pauline McNeill, Cathie Craigie

Ms Sandra White: Proposed Third Party Planning Rights of Appeal (Scotland) Bill —Proposal for a Bill to provide third parties with a right of appeal against decisions made in planning applications under the Town and Country Planning (Scotland) Act 1997 (lodged 22 June 2005)

A summary of responses to consultation on the draft proposal together with copies of each response and a summary of the responses, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

A copy of a statement of reasons lodged on 11 May 2005 is available in the Scottish Parliament Information Centre (SPICe).

The Communities Committee indicated on 15 June 2005 that it was satisfied with those reasons.

Supported by: Rob Gibson, Dennis Canavan, Tricia Marwick, Ms Rosemary Byrne, Brian Adam, Mr Adam Ingram, Dr Jean Turner, Alex Neil, John Swinburne, Mr Bruce McFee, Rosie Kane, Linda Fabiani, Christine Grahame, Patrick Harvie, Mark Ballard, Chris Balance, Shiona Baird, Robin Harper, Margo MacDonald, Campbell Martin, Mike Pringle

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