Back to the Scottish Parliament Business Bulletin No.151/2005: Friday 28 October 2005
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Section G – Bills

New amendments to Bills lodged on 27 October 2005

Licensing (Scotland) Bill – Stage 3

Section 93

Paul Martin

1 In section 93, page 60, line 14, leave out from <a> to end of line 15 and insert <imprisonment for a term not exceeding 3 months>

Section 94

Paul Martin

2 In section 94, page 60, line 19, leave out from <a> to end of line 20 and insert <imprisonment for a term not exceeding 3 months>

Section 96

Paul Martin

3 In section 96, page 61, line 10, leave out from <a> to end of line 11 and insert <imprisonment for a term not exceeding 3 months>

Section 97

Paul Martin

4 In section 97, page 61, line 21, leave out from <a> to end of line 22 and insert <imprisonment for a term not exceeding 3 months>

Section 100

Paul Martin

5 In section 100, page 63, line 4, leave out from <a> to end of line 5 and insert <imprisonment for a term not exceeding 3 months>

Management of Offenders etc. (Scotland) Bill – Stage 3

After section 1

Hugh Henry

3 After section 1, insert—

<Co-operation for purposes of inspections

(1) Where any person mentioned in subsection (2) is conducting an inspection of the provision of services to relevant persons, the persons mentioned in that subsection may co-operate with one another for the purposes of that inspection.

(2) The persons are—

(a) Her Majesty’s Chief Inspector of Prisons for Scotland;

(b) Her Majesty’s Chief Inspector of Constabulary;

(c) a person authorised under section 6(1) of the Social Work (Scotland) Act 1968 (c.49) (supervision of establishments providing accommodation for persons and inspection of records etc.).

(3) The Scottish Ministers may by order made by statutory instrument amend the list of persons in subsection (2).

(4) A statutory instrument containing an order under subsection (3) is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.>

Section 4

Hugh Henry

4 In section 4, page 6, line 7, at end insert <; and in subsection (2), “partner bodies” means such persons as are designated by order under section 2(16) as partner bodies>

Section 5

Hugh Henry

5 In section 5, page 6, line 24, leave out <the> and insert <Her Majesty’s>

Jackie Baillie

6 In section 5, page 6, line 30, after <period> insert <(being not less than 14 days)>

Hugh Henry

7 In section 5, page 6, line 36, leave out <notice> and insert <direction>

Section 7

Hugh Henry

8 In section 7, page 8, line 21, leave out <subsection (5)> and insert <subsections (5) and (6)>

Hugh Henry

9 In section 7, page 8, line 23, leave out <to which this section applies> and insert <mentioned in paragraph (a) of subsection (1)>

Hugh Henry

10 In section 7, page 8, line 30, at end insert—

<( ) A community justice authority and the Scottish Ministers may jointly determine that a function mentioned in paragraph (b) of subsection (1) is (within the area of that authority) to be exercisable on behalf of the Scottish Ministers by the authority.>

Hugh Henry

11 In section 7, page 8, line 37, leave out <have>

Hugh Henry

12 In section 7, page 8, line 38, at beginning insert <have>

Hugh Henry

13 In section 7, page 8, line 41, at beginning insert <subject to subsection (6), have>

Hugh Henry

14 In section 7, page 9, line 4, at end insert—

<(6) Where it is proposed to make an order under subsection (2) and a function exercisable by any of Orkney Islands Council, Shetland Islands Council and Comhairle nan Eilean Siar would, but for this subsection, become exercisable by a community justice authority were the order made, the council in question may, before the draft of the statutory instrument containing the order is laid before the Parliament, opt to retain the function; and where the council so opt then—

(a) within the area of the council the function is to continue to be exercisable by them and not by the community justice authority (the draft being modified accordingly before being laid), and

(b) subsection (5)(b)(ii) does not require the Scottish Ministers to secure the agreement of the council to the draft being laid.>

Section 9

Hugh Henry

15 In section 9, page 11, line 5, leave out from <both> to end of line 9 and insert <to an order under section 57(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c.46) (imposition of special restrictions in disposal of case where accused found to be insane);>

Hugh Henry

16 In section 9, page 11, line 10, leave out from <both> to end of line 12

Hugh Henry

17 In section 9, page 11, line 24, leave out <(c)> and insert <(d)>

After section 10

Hugh Henry

18 After section 10, insert—

<Probation progress review

Probation progress review

(1) The Criminal Procedure (Scotland) Act 1995 (c.46) is amended as follows.

(2) After section 229 insert—

229A Probation progress review

(1) A court may, in making a probation order, provide for the order to be reviewed at a hearing held for the purpose by the court.

(2) The officer responsible for the probationer’s supervision is, before the hearing, to make a report in writing to the court on the probationer’s progress under the order.

(3) The probationer must, and that officer may, attend the hearing.

(4) The hearing may be held whether or not the prosecutor elects to attend.

(5) Where the probationer fails to attend the hearing the court may issue a warrant for his arrest.

(6) At the hearing the court, after considering the report made under subsection (2) above, may amend the probation order.

(7) But before amending the order the court is to explain to the probationer, in ordinary language, the effect of making the amendment; and may proceed to make it only if the probationer expresses his willingness to comply with the requirements of the order as amended.

(8) Sub-paragraph (2) of paragraph 3 of Schedule 6 to this Act applies to amending under subsection (6) above as that sub-paragraph applies to amending under sub-paragraph (1) of that paragraph.

(9) At the hearing the court may provide for the order to be reviewed again at a subsequent hearing held for the purpose by the court; and subsections (2) to (8) above and this subsection apply in relation to a review under this subsection as they apply in relation to a review under subsection (1) above.”.

(3) In section 232(2) (powers of court where satisfied that a probationer has failed to comply with a requirement of his probation order), after the words “subsection (1) above” insert “or of section 229A of this Act”.>

Section 11

Hugh Henry

19 In section 11, page 13, line 23, leave out <if the conviction in respect of which the sentence mentioned in subsection (2)(a) above was imposed preceded> and insert <who was released under section 1(1) of this Act in relation to the sentence mentioned in subsection (2)(a) above before>

Hugh Henry

20 In section 11, page 13, line 26, at end insert <(except that where the prisoner is serving terms which by virtue of section 27(5) of this Act fall to be treated as a single term, the reference in the preceding provisions of this subsection to his being released in relation to the sentence mentioned in subsection (2)(a) above is to be construed as a reference to his being released in relation to the single term)>

After section 11

Hugh Henry

21 After section 11, insert—

<Testing prisoners for drugs

Testing prisoners for drugs

In section 41B of the Prisons (Scotland) Act 1989 (c.45) (testing prisoners for drugs)—

(a) in subsection (1), after the word “urine” insert “or saliva”;

(b) in subsection (2), at the end add “or saliva”; and

(c) in subsection (3)—

(i) in the definition of “intimate sample”, for the words from “blood” to the end substitute “—

(a) blood, semen or any other tissue fluid;

(b) pubic hair; or

(c) material from a body orifice other than the mouth;”;

(ii) the word “and” which immediately follows the definition of “drug” is repealed; and

(iii) at the end add “; and

“saliva” includes oral fluid”.>

Section 14

Hugh Henry

22 In section 14, page 22, line 21, leave out <27(1B)> and insert <27(1D)>

Section 17

Hugh Henry

23 In section 17, page 24, line 16, after <sections> insert <10A,>

Long Title

Hugh Henry

24 In the long title, page 1, line 8, after <licence;> insert <to make further provision for testing prisoners for drugs;>

Housing (Scotland) Bill – Stage 2

[Amendment 195, lodged on 26 October 2005, was in substitution for amendment 116]

After section 155

Tricia Marwick

196 After section 155, insert—

<Part

EMPTY LIVING ACCOMMODATION

Statement on securing the reuse of empty living accommodation

(1) The Scottish Ministers must, by 31 December 2007, publish a statement setting out the measures which they and local authorities have taken, are taking, and intend to take, for the purpose of ensuring, so far as reasonably practical and appropriate, that empty living accommodation is brought back into use.

(2) The statement must—

(a) appraise potential measures for bringing empty living accommodation back into use (whether through the exercise of functions or powers by the Scottish Ministers or local authorities or by way of inducement or encouragement),

(b) state what measures have been taken to assess the amount of empty living accommodation there is in each local authority,

(c) include a summary of the reasons that cause living accommodation to be empty which will include information on trends in the condition and ownership of such accommodation,

(d) state which functions or powers local authorities may—

(i) use, or

(ii) be required to use,

to secure the reuse of empty living accommodation,

(e) report on any progress made by the Scottish Ministers or local authorities towards reducing the amount of empty living accommodation, and

(f) report on any difficulties experienced by local authorities in seeking to secure the reuse of empty living accommodation.

(3) The Scottish Ministers must, within 4 years of the date of publication of the statement and at least once more within each subsequent 4 year period, publish a report stating what progress has been made to reduce the amount of empty living accommodation.

(4) Each such subsequent report must comment on the effectiveness of this Part in reducing the amount of empty living accommodation.

(5) Before preparing a statement or a report under this Part, the Scottish Ministers must consult—

(a) local authorities, and

(b) such other persons as they think fit.

(6) In this section, “empty living accommodation”—

(a) means living accommodation which has not been lived in for at least six months (or such longer period as the Scottish Ministers may by order prescribe), but

(b) does not include living accommodation where the landlord is—

(i) a local authority landlord (within the meaning of section 11(3) of the Housing (Scotland) Act 2001 (asp 10),

(ii) a registered social landlord (being a body registered in the register maintained under section 57 of that Act),

(iii) Scottish Homes, or

(iv) Scottish Water.>

Family Law (Scotland) Bill – Stage 2

Section 10

Brian Adam

32 In section 10, page 5, leave out line 16

After section 13

Mr Kenneth Macintosh

Supported by: Donald Gorrie, Nicola Sturgeon

33 After section 13, insert—

<Postponement of decree of divorce where religious impediment to remarry exists

After section 3 of the Divorce (Scotland) Act 1976 (c.39) (action for divorce following on decree of separation) there shall be inserted—

3A Postponement of decree of divorce where religious impediment to remarry exists

(1) Notwithstanding that irretrievable breakdown of a marriage has been established in an action for divorce, the court may—

(a) on the application of a party (“the applicant”); and

(b) if satisfied—

(i) that subsection (2) applies; and

(ii) that it is just and reasonable to do so,

postpone the grant of decree in the action until it is satisfied that the other party has complied with subsection (3).

(2) This subsection applies where—

(a) the applicant is prevented from entering into a religious marriage by virtue of a requirement of the religion of that marriage; and

(b) the other party can act so as to remove, or enable or contribute to the removal of, the impediment which prevents that marriage.

(3) A party complies with this subsection by acting in the way described in subsection (2)(b).

(4) The court may, whether or not on the application of a party and notwithstanding that subsection (2) applies, recall a postponement under subsection (1).

(5) The court may, before recalling a postponement under subsection (1), order the other party to produce a certificate from a relevant religious body confirming that the other party has acted in the way described in subsection 2(b).

(6) For the purposes of subsection (5), a religious body is “relevant” if the applicant considers the body competent to provide the confirmation referred to in that subsection.

(7) In this section—

“religious marriage” means—

(a) a marriage solemnised in accordance with the usages of the Jews; or

(b) a marriage (other than a marriage falling within paragraph (a)) solemnised by a marriage celebrant of a prescribed religious body,

and “religion of that marriage” shall be construed accordingly;

“prescribed” means prescribed by regulations made by the Scottish Ministers.

(8) Any reference in this section to a marriage celebrant of a prescribed religious body is a reference to—

(a) a minister, clergyman, pastor or priest of such a body;

(b) a person who has, on the nomination of such a body, been registered under section 9 of the Marriage (Scotland) Act 1977 (c.15) as empowered to solemnise marriages; or

(c) any person who is recognised by such a body as entitled to solemnise marriages on its behalf.

(9) Regulations under subsection (7) shall be made by statutory instrument; and any such instrument shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.”.>

Section 18

Brian Adam

Supported by: Fergus Ewing

34 Leave out section 18

Section 19

Brian Adam

Supported by: Fergus Ewing

35 Leave out section 19

Section 20

Brian Adam

Supported by: Fergus Ewing

36 Leave out section 20

Section 21

Brian Adam

Supported by: Fergus Ewing

37 Leave out section 21

Section 22

Brian Adam

Supported by: Fergus Ewing

38 Leave out section 22

Section 23

Brian Adam

Supported by: Fergus Ewing

39 Leave out section 23

Section 24

Brian Adam

Supported by: Fergus Ewing

40 Leave out section 24

Schedule 3

Cathy Jamieson

28 [Withdrawn]

Cathy Jamieson

41 In schedule 3, page 24, line 10, at end insert—

<The Friendly Societies Act 1974 (c.46) In section 68, subsection (2) and, in subsection (3), the words from “and” to the end.>

Draft Proposal for Members’ Bills

John Swinburne: Proposed Cease the Sale of Homes to Pay for Residential Accommodation Bill —Draft 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 27 October)

A copy of the consultation document can be found on the Bills page of the Parliament’s website and in SPICe

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.

Jamie McGrigor: Proposed National Register of Tartans Bill—Final proposal for a Bill to establish a national register of tartans (lodged 24 October 2005)

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

Supported by: Mary Scanlon, Margo MacDonald, John Scott, Margaret Mitchell, David McLetchie, Mr Brian Monteith, Derek Brownlee, Colin Fox, Mr David Davidson, Alex Johnstone, Mr Alasdair Morrison, Phil Gallie, Mr Ted Brocklebank, Mr Jamie Stone, Bill Aitken, Mr Kenny MacAskill, Mike Pringle, Lord James Douglas-Hamilton, John Farquhar Munro, Alex Fergusson, Mr Kenneth Macintosh, Miss Annabel Goldie, Mrs Nanette Milne, John Swinburne, Murdo Fraser, Donald Gorrie*

Jeremy Purvis: Proposed Right to Die for the Terminally Ill Bill—Final proposal for a Bill to allow for a mentally capable, terminally ill adult the right to receive medical assistance to die (lodged 25 October 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 the Scottish Parliament Information Centre (SPICe).

Supported by: Donald Gorrie, Nora Radcliffe, Andrew Arbuckle, Eleanor Scott

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