Back to the Scottish Parliament Business Bulletin No.107/2005: Tuesday 28 June 2005
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Section G – Bills

New amendments to Bills lodged on 24 June 2005

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

Section 1

Mr Brian Monteith

33 In section 1, page 1, line 25, at beginning insert <Subject to subsection (1A),>

Mr Brian Monteith

34 In section 1, page 1, line 25, at beginning insert <Subject to subsection (1B),>

Mr Brian Monteith

35 In section 1, page 1, line 25, at beginning insert <Subject to subsections (1A) and (1B),>

Mr Brian Monteith

36 In section 1, page 1, line 26, at end insert—

<(1A) This section does not apply to a person who has the management or control of a theatre or other venue where the person knowingly permitted to smoke is taking part in a bona fide performance or organised rehearsal of a dramatic or lyric theatrical production.>

Mr Brian Monteith

37 In section 1, page 1, line 26, at end insert—

<(1B) This section does not apply to a person having the management or control of a retail establishment dedicated to or predominantly for the sale of tobacco or tobacco products in respect of smoking in such premises.>

Mr Brian Monteith

38 In section 1, page 1, line 30, leave out from beginning to <that> in line 1 on page 2 and insert—

<(3) An accused charged with an offence under this section is not guilty of an offence if—

(a)>

Mr Brian Monteith

39 In section 1, page 2, line 3, leave out <that>

Section 2

Mr Brian Monteith

40 In section 2, page 2, line 8, at beginning insert <Subject to subsection (1A), >

Mr Brian Monteith

41 In section 2, page 2, line 8, at beginning insert <Subject to subsection (1B), >

Mr Brian Monteith

42 In section 2, page 2, line 8, at beginning insert <Subject to subsections (1A) and (1B),>

Mr Brian Monteith

43 In section 2, page 2, line 8, at end insert—

<(1A) This section does not apply to smoking by an actor or other performer taking part in the bona fide performance or organised rehearsal of a dramatic or lyric theatrical production in a theatre or other venue being used for such a production.>

Mr Brian Monteith

44 In section 2, page 2, line 8, at end insert—

<(1B) This section does not apply to smoking by a customer of a retail establishment dedicated to or predominantly for the sale of tobacco or tobacco products while in the premises of such an establishment.>

Mr Brian Monteith

Supported by: Mrs Nanette Milne

45 In section 2, page 2, line 9, leave out from beginning to <that> and insert <An accused charged with an offence under this section is not guilty of an offence if>

Section 3

Mr Brian Monteith

46 In section 3, page 2, line 15, at beginning insert <Subject to subsection (1A), >

Mr Brian Monteith

47 In section 3, page 2, line 15, at beginning insert <Subject to subsection (1B), >

Mr Brian Monteith

48 In section 3, page 2, line 15, at beginning insert <Subject to subsections (1A) and (1B),>

Mr Brian Monteith

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

<(1A) Nothing in subsection (1) requires a notice to be displayed in a theatre or other venue being used for a dramatic or lyric theatre production in a location where the notice would detract from the performance of the production or the artistic integrity of the set.>

Mr Brian Monteith

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

<(1B) Nothing in subsection (1) requires a notice to be displayed in a retail establishment dedicated to or predominantly for the sale of tobacco or tobacco products.>

Mr Brian Monteith

Supported by: Mrs Nanette Milne

51 In section 3, page 2, line 22, leave out from beginning to <that> and insert <An accused charged with an offence under this section is not guilty of an offence if>

Section 4

Mr Brian Monteith

52 In section 4, page 2, line 37, after third <premises> insert—

<() not being exempt places listed in schedule (Exempt places); and

()>

Irene Oldfather

53 In section 4, page 3, line 1, leave out from <prescribe> to <are> in line 2 and insert <provide for some (but not most) wholly enclosed spaces within such no-smoking premises or classes of no-smoking premises as may be prescribed by the regulations to be>

Mr Brian Monteith

54 In section 4, page 3, line 2, after <which> insert <, in addition to the exempt places listed in schedule (Exempt places),>

Irene Oldfather

55 In section 4, page 3, line 3, at end insert—

<() Regulations under subsection (2) need not, insofar as they relate to premises of the type mentioned in subsection (4)(ya), provide for the whole of such an outside space to be included in the definition of "no-smoking premises"; but must provide for at least one area within each such outside space to be so included.>

Irene Oldfather

56 In section 4, page 3, line 4, after <is> insert—

<(ya) any outside space which forms part of premises—

(i) to which the public or a section of the public has access; and

(ii) which are used exclusively or mainly for the sale and consumption of food or drink; or

(za)>

Mr Brian Monteith

57 In section 4, page 3, line 11, at end insert—

<() For the purposes of subsection (4)—

(a) a place is to be regarded as wholly enclosed if it is completely enclosed on all sides by solid floor-to-ceiling walls, windows, or solid floor-to-ceiling partitions with the exception of doors and passageways; and

(b) a place is to be regarded as substantially enclosed if it is at least partially covered by a roof and has walls such that the total area of the roof and wall surfaces exceeds 70 per cent of the total notional roof and wall area.>

Mr Brian Monteith

58 In section 4, page 3, leave out line 17

Mr Brian Monteith

59 In section 4, page 3, line 23, at end insert—

<(6A) The Scottish Ministers may, by regulations, after consulting such persons as they consider appropriate, modify schedule (Exempt places) so as to—

(a) add to a kind of premises to; or

(b) remove a kind of premises from,

those in that schedule.>

After section 4

Mr Brian Monteith

Supported by: Mrs Nanette Milne

60 After section 4, insert—

<Defences: burden of proof

(1) This section applies where an accused charged with an offence under this Part relies on a defence under any of sections 1(3)(a) and (b), 2(2) and 3(2).

(2) Where evidence is adduced which is sufficient to raise an issue with respect to that defence, the court or jury is to assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.>

Mr Brian Monteith

61 After section 4, insert—

<Exclusions from offences committed under sections 1 to 3

The Scottish Ministers may, by regulations, provide that no offence is committed under sections 1 to 3 if the place in or in relation to which the offence would, but for this section, be committed complies with such requirements in respect of air quality as may be specified in the regulations.>

Before schedule 1

Mr Brian Monteith

Supported by: Mrs Nanette Milne

62 Before schedule 1, insert—

<SCHEDULE

(introduced by section 4)

Exempt places

Domestic premises.

Short and long-term adult residential care premises and hospices.

Psychiatric hospitals and psychiatric units.

Any offshore installation.

Such hotel bedrooms as are designated by the person having the management or control of the hotel as being bedrooms in which smoking is permitted.

Any dedicated interview room, detention room or cell accommodation within a police station.

Any legalised police cell within the meaning of section 14 of the Prisons (Scotland) Act 1989 (c.45) or prison cell.

Any retail establishment dedicated to or predominantly for the sale of tobacco or tobacco products.

The stage area of any enclosed theatrical production site, where smoking is an integral part of the production.

Any club premises to which the public does not have access as of right.

Medical research and treatment sites forming part of any educational establishment or healthcare facility, where smoking is integral to the research being conducted.

Private vehicles.

Any designated smoking area within an airport departure lounge.

Public houses where no hot food is served.>

Before section 9

Kate Maclean

63 Before section 9, insert—

<Eye examinations and sight tests of school pupils

In section 39 (medical and dental inspection, supervision and treatment of pupils and young persons) of the 1978 Act—

(a) after subsection (2) insert—

"(2A) It is also the duty of the Scottish Ministers to provide, to such extent as they consider necessary to meet all reasonable requirements—

(a) for the carrying out of eye examinations and sight tests for such pupils and young persons as are mentioned in subsection (1); and

(b) for their ophthalmic treatment.

(2B) The Scottish Ministers must, in carrying out their duties under subsection (2A), ensure that a screening programme is provided to include a minimum of an eye examination for all pupils on entry to the first year of primary education and a sight test for all pupils on entry to the first year of secondary education.";

(b) in subsection (3), after "subsection (2)", insert "and ophthalmic treatment made available for the purpose of subsection (2A)";

(c) in subsection (4), after "subsection (2)", insert "and for the eye examination and ophthalmic treatment described in subsection (2A).".>.

Mr Duncan McNeil

64 Before section 9, insert—

<Detection of vision problems in children

After section 38A of the 1978 Act, insert—

"38B Detection of vision problems in children

(1) It is the duty of the Scottish Ministers, to such extent as they consider necessary to meet all reasonable requirements, to provide for the detection of vision problems in children.

(2) In this section, "children" means persons under the age of 16 years.".>

Section 18

Shona Robison

3 [Withdrawn]

Section 19

Shona Robison

4 [Withdrawn]

Shona Robison

5 [Withdrawn]

After section 21

Shona Robison

23 [Withdrawn]

Section 24

Shona Robison

65 In section 24, page 22, line 20, leave out from <; and> to end of line 21

Section 34

Mr Brian Monteith

66 In section 34, page 37, line 7, after <section> insert <4(6A) or>

Long Title

Mr Duncan McNeil

67 In the long title, page 1, line 3, leave out <services and> and insert <services,>

Mr Duncan McNeil

68 In the long title, page 1, line 3, after second <services> insert <and detection of vision problems in children>

Carolyn Leckie

69 In the long title, page 1, line 16, leave out from first <to> to <Scotland;> in line 19

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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