Back to the Scottish Parliament Business Bulletin No.184/2005: Thursday 15 December 2005
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Section G – Bills

New amendments to Bills lodged on 14 December 2005

Family Law (Scotland) Bill – Stage 3

Amendment 55 below has been lodged as a manuscript amendment.  The Presiding Officer has decided, under Rule 9.10.6, not to allow it to be moved at the meeting of the Parliament on 15 December.

Schedule 1

Cathy Jamieson

55       In schedule 1, page 28, line 10, leave out <and in sections 114 to 116>

Human Tissue (Scotland) Bill – Stage 2

Section 6

Mike Rumbles

111 In section 6, page 2, line 34, at end insert –

<(  ) For the purposes of subsection (1) an adult who is, at the time of the adult’s death, registered with the NHS Organ Donor Register is to be treated as having given authorisation by virtue of subsection (1).>

Joint Inspections of Children’s Services and Inspection of Social Work Services (Scotland) Bill – Stage 2

Section 1

Robert Brown

1         In section 1, page 2, line 3, at end insert—

<(  )   A person or body conducting an inspection under this section shall have regard to any code of practice prepared and issued by the Scottish Ministers for the purpose of—

(a)   giving practical and general guidance on matters relating to such an inspection (including, without prejudice to that generality, such matters as access to confidential information and the holding, sharing and destruction of such information); and

(b)   promoting what appear to them to be desirable practices with regard to such matters.>

Section 3

Robert Brown

2         In section 3, page 2, line 39, after <offences> insert <punishable on summary conviction by a fine not exceeding level 4 on the standard scale>

Robert Brown

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

<(  )   Where an authorised person is in possession of confidential information which has been obtained for the purposes of an inspection under section 1, the authorised person shall not use or disclose that information other than—

(a)   for the purposes of that inspection;

(b)   so as to comply with an enactment or court order requiring disclosure;

(c)   to the extent considered necessary by the authorised person for the purpose of protecting the welfare of any child; or

(d)   to the extent considered necessary by the authorised person for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders.>

Robert Brown

4         In section 3, page 3, line 1, leave out <subsection (1)> and insert <this section>

Section 5

Robert Brown

5         In section 5, page 3, line 32, after <offences> insert <punishable on summary conviction by a fine not exceeding level 4 on the standard scale>

Section 6

Robert Brown

6         In section 6, page 4, line 5, leave out <made under section 1(6)(g)> and insert <under this Act (except, where subsection (4) applies, an order under section (Ancillary provision))>

Robert Brown

7         In section 6, page 4, line 7, after <Act> insert <or

<(b)   an order under section (Ancillary provision) which adds to, replaces or omits any part of the text of an Act,>

Section 7

Robert Brown

8         In section 7, page 4, line 34, leave out from <such> to end of line 35 and insert <functions under the enactments specified in subsection (2).

(2)     The enactments referred to in the definition of “social work services functions” in subsection (1) are—

(a)   Part IV of the Children and Young Persons (Scotland) Act 1937 (c.37);

(b)   sections 22(2) to (5A) and (8), 26(2) to (4), 43, 45, 47 and 48 of the National Assistance Act 1948 (c.29);

(c)   the Disabled Persons (Employment) Act 1958 (c.33);

(d)   section 11 of the Matrimonial Proceedings (Children) Act 1958 (c.40);

(e)   the Social Work (Scotland) Act 1968 (c.49);

(f)   the Social Work (Scotland) Act 1968 as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 (c.44) and the Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33);

(g)   the Children Act 1975 (c.72);

(h)   the Adoption (Scotland) Act 1978 (c.28);

(i)    sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983 (c.41);

(j)    the Foster Children (Scotland) Act 1984 (c.56);

(k)   sections 38(b) and 235 of the Housing (Scotland) Act 1987 (c.26);

(l)    Part II of the Children (Scotland) Act 1995 (c.36);

(m)  section 51 of the Criminal Procedure (Scotland) Act 1995 (c.46);

(n)   section 10 of the Adults with Incapacity (Scotland) Act 2000 (asp 4);

(o)   the Community Care and Health (Scotland) Act 2002 (asp 5);

(p)   the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

(3)     The list of enactments in subsection (2) may be amended by regulations.

(4)     For the purposes of this Act, information is “confidential information” where—

(a)   the identity of an individual is ascertainable—

(i)     from that information; or

(ii)    from that information and other information which is in the possession of, or is likely to come into the possession of, the person holding that information; and

(b)   the information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual.>

Section 8

Robert Brown

9         In section 8, page 4, line 36, at end insert—

<(  )   In section 36(5) of the Children (Scotland) Act 1995 (c.36) (welfare of certain children in hospitals and nursing homes etc.)—

(a)   after “inspection)” insert “(as in force immediately prior to their repeal by section 8 of the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2005)”; and

(b)   for “apply” where it occurs for the second time substitute “applied”.>

Robert Brown

10       In section 8, page 4, line 40, at end insert—

<(  )   In the Management of Offenders etc. (Scotland) Act 2005 (asp 14)—

(a)   for paragraph (c) of section 2(2) (co-operation for purposes of inspections) substitute—

“(c) a social work inspector”; and

(b)   for paragraph (a) of section 6(2) (power of Scottish Ministers to require action by community justice authority) substitute—

“(a) a social work inspector”.>

After section 8

Robert Brown

11       After section 8, insert—

<Ancillary provision

(1)     The Scottish Ministers may by order made by statutory instrument make any supplementary, incidental or consequential provision which they consider necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2)     The provision which can be made under subsection (1) includes provision amending or repealing any enactment.>

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