Back to the Scottish Parliament Business Bulletin No.165/2005: Thursday 17 November 2005
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Section G – Bills

New Bills introduced or reprinted on 16 November 2005

Licensing (Scotland) Bill—The Bill was reprinted as passed (SP Bill 37B) (Executive Bill).

New amendments to Bills lodged on 16 November 2005

Family Law (Scotland) Bill – Stage 2

Section 8

Cathy Jamieson

84 In section 8, page 4, line 26, leave out <the> and insert <a>

Cathy Jamieson

85 In section 8, page 4, line 32, leave out from <the> to end of line 35 and insert <in relation to a matrimonial home the non-applicant spouse—

(a) is an entitled spouse; or
(b) has occupancy rights.>

Section 9

Cathy Jamieson

86 Leave out section 9

Section 24

Cathy Jamieson

87 In section 24, page 12, line 7, leave out <sections 18B, 18C and 18E> and insert <section 18B>

Cathy Jamieson

88 In section 24, page 12, line 12, leave out from <in> to <sex> in line 14 and insert <as if they were civil partners>

Cathy Jamieson

89 In section 24, page 12, line 27, leave out <sections 18B to 18E> and insert <section 18B>

Cathy Jamieson

90 In section 24, page 13, line 3, leave out <the> and insert <a>

Cathy Jamieson

91 In section 24, page 13, line 5, after <has> insert <, by virtue of section 18(1),>

Cathy Jamieson

92 In section 24, page 13, leave out lines 11 and 12 and insert—

<(b) an order under section 18(1) granting or extending occupancy rights is recalled.>

Cathy Jamieson

93 In section 24, page 13, line 13, leave out from beginning to end of line 28 on page 15

After section 24

Cathy Jamieson

94 After section 24, insert—

<Attachment of powers of arrest to interdicts ancillary to exclusion orders

Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest

(1) Section 1 of the Protection from Abuse (Scotland) Act 2001 (asp 14) (attachment of power of arrest to interdict) shall be amended as follows.

(2) After subsection (1) there shall be inserted—

“(1A) In the case of an interdict which is—

(a) a matrimonial interdict (as defined by section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)) which is ancillary to—

(i) an exclusion order within the meaning of section 4(1) of that Act; or

(ii) an interim order under section 4(6) of that Act; or

(b) a relevant interdict (as defined by section 113(2) of the Civil Partnership Act 2004 (c.33)) which is ancillary to—

(i) an exclusion order within the meaning of section 104(1) of that Act; or

(ii) an interim order under section 104(6) of that Act,

the court must, on an application under subsection (1), attach a power of arrest to the interdict.”.

(3) In subsection (2), at the beginning there shall be inserted “In the case of any other interdict,”.>

Schedule 1

Cathy Jamieson

95 In schedule 1, page 20, line 5, at end insert—

<In section 86 (eligibility to register in Scotland as civil partners)—

(a) in subsection (2), for “subsections (3) and (4)” there shall be substituted “subsection (3)”; and

(b) for subsections (4) and (5) there shall be substituted—

“(4) Paragraph 2 of Schedule 10 has effect subject to the modifications specified in subsection (5) in the case of a person (here the “relevant person”) whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7).

(5) The reference in that paragraph to—

(a) a former wife of the relevant person includes any former husband of the relevant person, and

(b) a former husband of the relevant person includes any former wife of the relevant person.”.>

Cathy Jamieson

96 In schedule 1, page 20, line 16, at end insert <; and

( ) in subsection (7), for “accepted” in both places where it occurs, there shall be substituted “treated”.>

Cathy Jamieson

97 In schedule 1, page 21, line 38, leave out <the> and insert <a>

Cathy Jamieson

98 In schedule 1, page 22, line 4, leave out from <the> to end of line 7 and insert <in relation to a family home the non-applicant civil partner—

(a) is an entitled partner; or

(b) has occupancy rights.>

Cathy Jamieson

99 In schedule 1, page 22, line 18, leave out paragraph 7

Cathy Jamieson

100 In schedule 1, page 22, line 24, at end insert—

<Section 123 (nullity) shall become subsection (1) of that section, and—

(a) the word “or”, which occurs immediately after paragraph (a), shall be repealed;

(b) at the end of paragraph (b) there shall be inserted “, or

(c) at the time of registration one of them who was capable of consenting to the formation of the civil partnership gave consent but did so by reason only of duress or error.”; and

(c) at the end, there shall be added—

“(2) In this section “error” means—

(a) error as to the nature of civil partnership, or

(b) a mistaken belief held by a person (“A”) that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.”.>

Section 26

Cathy Jamieson

101 In section 26, page 16, line 1, leave out from <(not> to end of line 4 and insert <of the same sex are living together as if they were civil partners”;>

After section 26

Cathy Jamieson

102 After section 26, insert—

<Amendments of Damages (Scotland) Act 1976

Amendments of Damages (Scotland) Act 1976

(1) The Damages (Scotland) Act 1976 (c.13) shall be amended in accordance with subsections (2) to (5).

(2) In subsection (4) of section 1 (rights of relatives of deceased person), at the beginning there shall be inserted “Subject to subsection (4A),”.

(3) After that subsection, there shall be inserted—

“(4A) Notwithstanding section 10(2) of, and Schedule 1 to, this Act, no award of damages under subsection (4) above shall be made to a person related by affinity to the deceased.

(4B) In subsection (4A), a “person related by affinity to the deceased” includes—

(a) a stepchild, step-parent, stepbrother or stepsister of the deceased; and

(b) any person who was an ascendant or descendant of any of the step-relatives mentioned in paragraph (a).”.

(4) In subsection (2) of section 10 (interpretation), for the words from “sub-paragraph” to “or (c)”, there shall be substituted “any of sub-paragraphs (a) to (cc)”.

(5) In paragraph 1 of Schedule 1 (definition of relative)—

(a) in sub-paragraph (c), for “paragraph” there shall be substituted “sub-paragraph”;

(b) after that sub-paragraph, there shall be inserted—

“(ca) any person not falling within sub-paragraph (b) above who accepted the deceased as a child of the person’s family;

(cb) any person who—

(i) was the brother or sister of the deceased; or

(ii) was brought up in the same household as the deceased and who was accepted as a child of the family in which the deceased was a child;

(cc) any person who was a grandparent or grandchild of the deceased;”;

(c) in sub-paragraph (d), after “person” there shall be inserted “not falling within sub-paragraph (b) or (cc) above”; and

(d) in sub-paragraph (e), after “person” there shall be inserted “not falling within sub-paragraph (cb)(i) above”.>

Section 27

Cathy Jamieson

103 In section 27, page 16, line 22, after <recognition> insert <, or non-recognition,>

Cathy Jamieson

104 In section 27, page 16, line 24, after <recognition> insert <, or non-recognition,>

Cathy Jamieson

105 In section 27, page 16, line 29, after <recognition> insert <, or non-recognition,>

Cathy Jamieson

106 In section 27, page 16, line 37, after <recognition> insert <, or non-recognition,>

Cathy Jamieson

107 In section 27, page 16, line 39, after <recognition> insert <, or non-recognition,>

Cathy Jamieson

108 In section 27, page 17, line 5, after <recognition> insert <, or non-recognition,>

Section 28

Cathy Jamieson

109 In section 28, page 17, line 15, leave out <subsection (3)> and insert <subsections (3) and (3A)>

Cathy Jamieson

110 In section 28, page 17, line 21, at end insert—

<(3A) The capacity of the person to enter into the marriage shall not be determined under the law of the place where, immediately before the marriage, the person was domiciled in so far as it would be contrary to public policy in Scotland for such capacity to be so determined.>

After section 32

Cathy Jamieson

111 After section 32, insert—

<Ancillary provision

(1) The Scottish Ministers may by order made by statutory instrument make such consequential, transitional or saving provision as they consider appropriate for the purposes of, in consequence of or for giving full effect to this Act or any provision of it.

(2) An order under subsection (1) may modify any enactment (including this Act).

(3) The power conferred by subsection (1) on the Scottish Ministers to make orders may be exercised so as to make different provision for different purposes.

(4) A statutory instrument containing an order under subsection (1) shall, subject to subsection (5), be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5) A statutory instrument containing an order under subsection (1) which includes provision modifying an Act or an Act of the Scottish Parliament shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.>

Schedule 2

Cathy Jamieson

112 In schedule 2, page 23, line 7, at end insert—

<The Damages (Scotland) Act 1976 (c.13)

(1) In paragraph 1 of Schedule 1 to the Damages (Scotland) Act 1976 (definition of “relative”)—

(a) in sub-paragraph (a), after “spouse” there shall be inserted “or civil partner”;

(b) in sub-paragraph (aa)—

(i) after “spouse” there shall be inserted “or civil partner”; and

(ii) at the end there shall be added “or in a relationship which had the characteristics of the relationship between civil partners”;

(c) after sub-paragraph (e), the word “and” shall be repealed; and

(d) after sub-paragraph (f), there shall be added “and

(g) any person who, having been a civil partner of the deceased, had ceased to be so by virtue of the dissolution of the civil partnership.”.>

Cathy Jamieson

113 In schedule 2, page 23, line 22, at end insert—

<The Civil Evidence (Family Mediation) (Scotland) Act 1995 (c.6)

In subsection (7) of section 1 of the Civil Evidence (Family Mediation) (Scotland) Act 1995 (inadmissibility in civil proceedings of information as to what occurred during family mediation)—

(a) the words from “a” to “wife” shall form paragraph (a) of that subsection; and

(b) after “wife” there shall be added “; or

(b) two persons who are not civil partners of each other but are living together as if they were civil partners.”.>

Cathy Jamieson

114 In schedule 2, page 23, line 24, leave out paragraph 4

Schedule 3

Cathy Jamieson

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

<The Damages (Scotland) Act 1976 In Schedule 1, in paragraph 1(d), the words “(other (c.13) than a parent or child)”.

Cathy Jamieson

116 In schedule 3, page 24, line 15, leave out <Section 15(6)> and insert—

<In section 14(2), the words “and section 15”. Sections 15 to 17.>

Cathy Jamieson

117 In schedule 3, page 24, line 22, at end insert—

<The Protection from Abuse (Scotland) In section 1(2), paragraph (b). Act 2001 (asp 14) Section 6.>

Cathy Jamieson

118 In schedule 3, page 24, line 23, leave out <86(4) to> and insert <86(6) and>

Cathy Jamieson

119 In schedule 3, page 24, line 24, leave out <Section 114(7)> and insert—

<In section 113(2), the words “and in section 114”. Sections 114 to 116.>

Cathy Jamieson

120 In schedule 3, page 24, line 25, at end insert—

<In section 119, subsections (1) and (2) and, in subsection (3), the word “(b)”.

In section 135, in the definition of “family home”, the words “attached to, and”.>

Cathy Jamieson

121 In schedule 3, page 24, line 26, column 2, at end insert—

<In Schedule 28, paragraph 42.>

Section 34

Cathy Jamieson

122 In section 34, page 19, line 1, leave out subsection (4)

Long Title

Cathy Jamieson

123 In the long title, page 1, line 7, after <2004;> insert <to make further provision in relation to persons entitled to damages under the Damages (Scotland) Act 1976;>

Housing (Scotland) Act – Stage 3

After section 116

Christine Grahame

2 After section 116, insert—

<Operation of Part: arrangement of review

The Scottish Ministers shall—

(a) arrange for the carrying out of a review of the operation of this Part; and

(b) lay a report on the results of the review before the Scottish Parliament within 2 years of the date on which the whole of the Part was first in force.>

Schedule 5

Malcolm Chisholm

3 In schedule 5, page 118, line 8, at end insert—

<In section 313(3), for the words from “may,” to the end substitute “may treat the failure as a failure to carry out work required by a work notice (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) and the provisions of that Act which relate to the enforcement of such notices by local authorities shall apply with such modifications as may be necessary.”.>

Schedule 6

Malcolm Chisholm

4 In schedule 6, page 120, line 19, at end insert—

<Section 313(4).

In Section 319(1), in paragraph (a), the words from second “any” to “Part V or”; the words from “or” which follows paragraph (a) to the end of paragraph (c); and the words from “or, in a case falling under paragraph (c)” to the end.>

Licensing (Scotland) Bill – Stage 3

Amendments 64A and 83 were lodged as manuscript amendments under Rule 9.10.6. The Presiding Officer agreed under that Rule that the amendments be moved at yesterday’s Stage 3 proceedings.

Section 60A

Mr Frank McAveety

64A As an amendment to amendment 64, line 14, leave out <3am> and insert <10am>

Mr Andrew Arbuckle

83 Leave out section 60A

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, Christine Grahame

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, John Swinburne

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