Back to the Scottish Parliament Business Bulletin No.187/2005: Tuesday 20 December 2005
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Section G – Bills

New Bills introduced or reprinted on 19 December 2005

Planning etc. (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make further provision relating to town and country planning; to make provision for business improvement districts; and for connected purposes. (SP Bill 51) (Executive Bill)

Introduced by: Malcolm Chisholm

Supported by: Johann Lamont

Explanatory Notes (and other accompanying documents) (SP Bill 51-EN) and a Policy Memorandum (SP Bill 51-PM) were printed to accompany the Bill.

Local Electoral Administration and Registration Services (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make provision in relation to the administration and conduct of local government elections; to reorganise local registration services; to amend the law in relation to the registration of births and deaths and the procedure in relation to marriages and civil partnerships; to provide for the recording of certain events occurring outwith Scotland in relation to persons who have a Scottish connection; to make available certain information and records held by the Registrar General; and for connected purposes. (SP Bill 52) (Executive Bill)

Introduced by: Mr Tom McCabe

Supported by: George Lyon

Explanatory Notes (and other accompanying documents) (SP Bill 52-EN) and a Policy Memorandum (SP Bill 52-PM) were printed to accompany the Bill.

New amendments to Bills lodged on 19 December 2005

<Edinburgh Tram (Line Two) Bill> – Consideration Stage  

Section 1

Marilyn Livingstone

1         In section 1, page 2, line 18, leave out <and> and insert <or>

Schedule 1

Jeremy Purvis

2         In schedule 1, page 42, line 19, leave out from <680> to <Terrace,> on line 21 and insert <670 metres in length (double line, with additional layover siding of approximately 100 metres in length) and associated retaining wall structures extending from a point close to 57 Balbirnie Place along the reserved public transport corridor between Balbirnie Place, CA House, Elgin House and the railway, on-road along Haymarket Yards, before running off-road to the>

Jeremy Purvis

3         In schedule 1, page 42, line 26, leave out <either on the level or>

Jeremy Purvis

4         In schedule 1, page 43, line 23, leave out <1100> and insert <950>

Jeremy Purvis

5         In schedule 1, page 43, line 25, leave out <in> and insert <between South Gyle Broadway and>

Jeremy Purvis

6         In schedule 1, page 43, line 27, leave out <4032> and insert <4099>

Schedule 6

Jeremy Purvis

7         In schedule 6, page 51, leave out lines 11 and 12 and insert—

<4        36a, 512            Alternative access and road access to tramroad for maintenance>

Section 2

Jeremy Purvis

8         In section 2, page 2, leave out lines 29 to 31

Jeremy Purvis

9         In section 2, page 2, line 32, leave out from <at> to <sections,>

Schedule 2

Jeremy Purvis

10       In schedule 2, page 45, leave out line 36 and insert—

  <3 and 4 Haymarket Yards

Realignment of road between points P4D and P4U

  3 and 4 Haymarket Yards and
Haymarket Terrace>
Realignment of kerblines between points K19 and K23, K20 and K21, and K22 and K23.

Section 5

Alasdair Morgan

11       In section 5, page 4, line 6, after <upon> insert <so much of>

Alasdair Morgan

12       In section 5, page 4, line 7, leave out from <execute> to end of line 10 and insert—

<(  )   break up or open the road, or any sewer drain or tunnel under it, or tunnel or bore under the road;

(  )   remove and use the soil or other materials in or under the road;

(  )   place apparatus in the road;

(  )   maintain or change the position of apparatus in the road; and

(  )   execute any works required for or incidental to the exercise of those powers.> 

Schedule 9

Jeremy Purvis

13       In schedule 9, page 57, line 7, leave out <or a navigation authority>

Jeremy Purvis

14       In schedule 9, page 57, leave out lines 17 to 19

Section 6

Marilyn Livingstone

15       In section 6, page 4, line 29, after <completion> insert <and opening>

Marilyn Livingstone

16       In section 6, page 4, line 32, leave out <the> and insert <a>

Schedule 3

Jeremy Purvis

17       In schedule 3, page 47, leave out lines 14 to 19 and insert—

  <4 Cycletrack along the south side of Haymarket Yards Between P4J and P4R

New cycletrack to be provided between points P4S and P4T>

Jeremy Purvis

18       In schedule 3, page 48, leave out line 11

Jeremy Purvis

19       In schedule 3, page 48, leave out line 20

Section 7

Jeremy Purvis

20       In section 7, page 5, line 33, after <section> insert <even>

Jeremy Purvis

21       In section 7, page 5, line 34, leave out from <as> to end of line 36.

Alasdair Morgan

22       In section 7, page 6, line 3, at end insert—

<(  )     Any person who suffers loss by the suspension of any private right of way under this section shall be entitled to compensation to be determined, in the case of dispute, under the 1963 Act.>

Schedule 4

Jeremy Purvis

23       In schedule 4, page 49, line 8, at end insert—

  <3 Cycletrack from Balbirnie Place to Haymarket Yards Between P4K and P4R

  3 Turning head on Haymarket Yards Between P4Q and P4P

  3 Access to Verity House car park Between P4N and P4O

  3 Access to Rosebery House Between P4L and P4M>

Section 8

Marilyn Livingstone

24       In section 8, page 6, line 5, leave out <scheduled> and insert <authorised>

Section 13

Alasdair Morgan

25       In section 13, page 7, line 18, leave out <the Strategic Rail Authority> and insert <BRB (Residuary) Limited>

Alasdair Morgan

26       In section 13, page 7, line 22, leave out <the Strategic Rail Authority> and insert <BRB (Residuary) Limited>

Alasdair Morgan

27       In section 13, page 7, line 25, leave out <the Strategic Rail Authority> and insert <BRB (Residuary) Limited>

After section 13

Alasdair Morgan

28       After section 13, insert—

<Transfer of obligations arising from previous enactments

(1)     Except as may be otherwise provided in this Act, as from the coming into force of this Act, the authorised undertaker shall—

(a)   be subject to all statutory provisions applicable to the former railway (but only insofar as the same are still subsisting and capable of having effect);


(b)   to the exclusion of all other parties be entitled to the benefit of and to exercise all rights, powers and privileges relating to the former railway insofar as the same are still subsisting and capable of taking effect; and

(c)   be subject to all statutory obligations relating to the former railway insofar as the same are still subsisting and capable of taking effect, with the intent that all other parties shall be released from all such obligations.

(2)     In this section—

"former railway" means so much of any former railway as is situated within the limits of deviation and is in existence on the date of the coming into force of this Act.>

Schedule 5

Jeremy Purvis

29       In schedule 5, page 50, leave out line 6

Section 15

Alasdair Morgan

30       In section 15, page 8, line 17, leave out subsections (2) and (3) and insert—

<(  )     The authorised undertaker shall not affix any apparatus to a building without the written consent of the owner; and such consent may be given subject to reasonable conditions but shall not be unreasonably withheld.

(  )    But where—

(  )   the authorised undertaker serves on the owner a notice requesting the owner’s consent to the affixing of specified apparatus to the building, and

(  )   the owner does not within a period of 28 days beginning with the date upon which the notice is served give consent unconditionally or give it subject to conditions or refuse it,

      consent shall be deemed to have been given without any conditions. 

(  )     Where, in the opinion of the authorised undertaker, consent required under this section for the affixing of specified apparatus is unreasonably withheld or given subject to unreasonable conditions, it may refer the matter by summary application to the sheriff and the decision of the sheriff on the matter shall be final.>

Jeremy Purvis

31       In section 15, page 8, leave out lines 23 to 26 and insert—

<(  )   the owner shall be entitled, where the removal of the apparatus is reasonably necessary during any reconstruction or repair of the building, on giving the authorised undertaker no less than 28 days’ notice, to require the authorised undertaker, at the authorised undertaker’s cost, to temporarily remove the apparatus,>

Alasdair Morgan

32       In section 15, page 8, leave out lines 37 to 43 and insert—

<“owner” means the heritable proprietor of the building.>

Section 17

Alasdair Morgan

33       In section 17, page 11, line 6, leave out from <; and> to end of line 9

Section 18

Alasdair Morgan

34       In section 18, page 11, line 11, leave out <or expedient>

Section 22

Marilyn Livingstone

35       In section 22, page 12, line 29, leave out <scheduled> and insert <authorised>

Marilyn Livingstone

36       In section 22, page 12, line 30, leave out <scheduled> and insert <authorised>

Section 23

Marilyn Livingstone

37       In section 23, page 13, line 7, after <existence> insert <in accordance with subsection (1)>

Section 24

Alasdair Morgan

38       In section 24, page 13, line 33, leave out from <be> to end of line 35 and insert <constitute a real right and shall be an overriding interest>

Section 25

Marilyn Livingstone

39       In section 25, page 14, line 21, leave out <Without prejudice to section 37 (No double recovery),>

Schedule 7

Jeremy Purvis

40       In schedule 7, page 53, line 10, at end insert—

  <4 502, 504, 509 Regulation of road levels and any associated retaining structures and landscaping

All


  4 515, 519 Road access to tramroad to allow construction of authorised works and subsequent regulation of road levels

All

  4 520, 521 Road access to tramroad to allow construction of authorised works and subsequent regulation of road levels and realignment of cycleway and footway> All

Jeremy Purvis

41       In schedule 7, page 53, line 27, leave out <, 230, 231, 235,>

Jeremy Purvis

42       In schedule 7, page 53, leave out line 28

Jeremy Purvis

43       In schedule 7, page 53, line 29, leave out <, 230, 231, 233,>

Jeremy Purvis

44       In schedule 7, page 53, line 30, leave out <237> and insert <484>

Jeremy Purvis

45       In schedule 7, page 53, leave out line 31 and insert—

  <14 and 15 484, 485 Accommodation works All>

Jeremy Purvis

46       <In schedule 7, page 53, column 2, leave out lines 32 and 33 and insert—

    <239, 242, 484,
486, 489, 490,
492

   
  15 487, 488 Accommodation works All>

Jeremy Purvis

47       In schedule 7, page 54, leave out line 16

Section 26

Marilyn Livingstone

48       In section 26, page 15, line 12, leave out <Without prejudice to section 37 (No double recovery),>

Section 28

Marilyn Livingstone

49       In section 28, page 16, line 4, leave out <feu,>

Alasdair Morgan

50       In section 28, page 16, line 9, leave out subsection 2

After section 28

Jeremy Purvis

51       After section 28, insert—

<Application of the Crichel Down Rules

In the event that the authorised undertaker compulsorily acquires land as authorised by Section 22 (Power to acquire land) and that land is subsequently declared by the authorised undertaker to be surplus to the authorised undertaker’s requirements, the authorised undertaker shall apply the rules set out in Scottish Development Department Circular 38 of 1992 (“Disposal of Surplus Government Land - The Crichel Down Rules”) as may be amended or superseded from time to time.>

Section 31

Jeremy Purvis

52       In section 31, page 17, line 5, after <acquired> insert <or injuriously affected by construction works>

Jeremy Purvis

53       In section 31, page 17, line 10 at beginning insert <or where the person’s land is injuriously affected by construction works authorised by this Act but the value of that land is also enhanced by reason of the works authorised by this Act or any of them,>

Section 33

Alasdair Morgan

54       In section 33, page 19, line 7, leave out subsection (2)  

Section 36

Alasdair Morgan

55       In section 36, page 20, line 20, after <clerk> insert <, with the Partner Libraries with whom the book of reference has been deposited>

Jeremy Purvis

56       In section 36, page 20, line 26, at end insert—

<(  )     An application under subsection (1) may only be made in respect of land identified in the book of reference and on the Parliamentary plans.>

Section 39

Jeremy Purvis

57       In section 39, page 20, line 40, at end insert <provided that—

(  )   such application is made prior to the expiry of said period or any extension of that said period; and

(  )   the period referred to in section 38, and any extension to the said period, cannot exceed fifteen years in total.>

Section 43

Jeremy Purvis

58       In section 43, page 22, line 8, leave out <required imprint> and insert <imprint required by the authorised undertaker at that time>

Jeremy Purvis

59       In section 43, page 22, line 9, leave out <the required > and insert <that >

Jeremy Purvis

60       In section 43, page 22, line 19, leave out <defender> and insert <passenger>

Jeremy Purvis

61       In section 43, page 22, line 19, leave out <pursuer> and insert <authorised undertaker>

Jeremy Purvis

62       In section 43, page 22, line 20, leave out <pursuer> and insert <authorised undertaker>

Jeremy Purvis

63       In section 43, page 22, line 21, leave out <defender> and insert <passenger>

Jeremy Purvis

64       In section 43, page 22, line 24, leave out <defender’s> and insert <passenger’s>

Jeremy Purvis

65       In section 43, page 22, line 28, leave out <defender> and insert <passenger>

Jeremy Purvis

66       In section 43, page 22, line 32, leave out subsection (8)

Section 44

Alasdair Morgan

67       Leave out section 44 and insert—

<Amount of penalty fare

(1)       A penalty fare shall be twenty five times the maximum single adult cash fare.

(2)       In this section “maximum single adult cash fare” means the highest value cash fare for any single adult journey on the tram network.>

Section 46

Marilyn Livingstone

68       In section 46, page 23, line 22, leave out <pursuant to> and insert <by virtue of>

Section 53

Alasdair Morgan

69       In section 53, page 25, line 17, leave out subsection 2 and insert—

<(2)     If any person places any obstruction on any part of the tram system or otherwise obstructs the tram, the authorised undertaker shall have the power to remove such obstruction forthwith.>

Alasdair Morgan

70       In section 53, page 25, line 33, leave out <or inconvenience>

Section 59

Alasdair Morgan

71       In section 59, page 29, line 5, at end insert—

<(  )    for the regulation of interaction between the maintenance of buildings adjacent to the tramway and the safe operation of the tramway.>

Alasdair Morgan

72       In section 59, page 29, line 11, leave out <or annoyance>

Alasdair Morgan

73       In section 59, page 29, line 13, leave out <, annoyance>

Alasdair Morgan

74       In section 59, page 29, line 36, at end insert—

<(  )     As soon as is practical following the confirmation of any byelaws submitted in accordance with subsection (9), the authorised undertaker shall publish, at least once in each of two successive weeks, in one or more newspapers circulating in the areas to which the byelaws relate, a notice stating the general effect of the byelaws and the date that the byelaws come into operation.>

Jeremy Purvis

75       In section 59, page 29, line 43, after <payment,> insert <and be available on the authorised undertaker’s website;>

Section 60

Jeremy Purvis

76       In section 60, page 30, line 13, leave out <Strategic Rail Authority> and insert <British Transport Police Authority>

Alasdair Morgan

77       In section 60, page 30, line 17, at beginning insert <Subject to subsection (2A),>

Alasdair Morgan

78       In section 60, page 30, line 18, at end insert—

<(2A)   Any agreement made under subsection 1(b) with the British Transport Police Authority shall not be inconsistent with the provisions of sections 33 to 35 of the Railways and Transport Safety Act 2003 (c.20) or any order made thereunder.>

Jeremy Purvis

79       In section 60, page 30, line 20, leave out <Strategic Rail Authority> and insert <British Transport Police Authority>

Alasdair Morgan

80       In section 60, page 30, line 23, delete from <British> to end of line 25 and insert <Railways and Transport Safety Act 2003 (c.20) (which grants them jurisdiction in relation to railways and railway premises but not in relation to tramways or tramway premises in Scotland).>

Alasdair Morgan

81       In section 60, page 30, line 28, after <(c.77)> insert—

<the “British Transport Police Authority” means the police authority established under Section 18 of the Railways and Transport Safety Act 2003 (c.20) and organised under Schedule 4 to that Act;>

Alasdair Morgan

82       In section 60, page 30, line 29, leave out from <organised> to end of line 32 and insert <established under section 20 of the Railways and Transport Safety Act 2003 (c.20).> 

Section 61

Jeremy Purvis

83       In section 61, page 31, line 18, leave out <may be> and insert <possible>

Section 63

Alasdair Morgan

84       In section 63, page 32, line 36, leave out subsection (2)

After section 63

Alasdair Morgan

85       After section 63 insert—

<Compliance with Code of Construction Practice and Noise and Vibration Policy

(1)     The authorised undertaker shall employ all reasonably practicable means to ensure that—

(a)   the authorised works are carried out in accordance with the code of practice as may from time to time be amended or superseded and any relevant local construction plan; and

(b)   the policy as may from time to time be amended or superseded is applied to the use and operation of the authorised works and in particular any scheme made under Section 61 of this Act is drawn up in accordance with the policy.

(2)     Neither the code of practice nor the policy shall be amended or superseded so as to reduce the standards of mitigation and protection contained in them.

(3)     In this section—

“code of practice” means the Code of Construction Practice dated 17 May 2005.

“local construction plan” means a local construction plan intended to define, and from time to time redefine, the authorised undertaker’s policy in relation to construction practice to be adopted in the carrying out of the authorised works within an area specified in that plan.

“policy” means the Noise and Vibration Policy dated November 2005.>

Alasdair Morgan

86       After section 63, insert—

<Mitigation of environmental impacts

(1)     The authorised undertaker shall employ all reasonably practicable means to ensure—

(a)   that the environmental impacts of the construction or operation of the authorised works are not worse than the residual impacts identified in the environmental statement; and

(b)   that—

(i)     the additional environmental mitigation measures identified in undertakings given to objectors to the Bill for this Act or to the Edinburgh Tram (Line Two) Bill Committee during the Consideration Stage of the Bill for this Act are carried out; or

(ii)    the environmental impacts of the construction or operation of the authorised works are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

(2)     In this section—

“environmental statement” means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act, as amended by the supplementary environmental statement submitted to the Parliament in June 2005.

“residual impacts” means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.>

Section 64

Jeremy Purvis

87       In section 64, page 33, line 2, leave out <feu,>

Jeremy Purvis

88       In section 64, page 33, line 19, leave out <feu,>

Alasdair Morgan

89       In section 64, page 33, line 21, at end insert—

<(  )     Within 21 days of the completion of any agreement entered into by the authorised undertaker under subsection (2), the authorised undertaker shall serve notice on the Scottish Ministers stating the name and address of the transferee and the date when the transfer is to take effect.>

Section 68

Marilyn Livingstone

90       In section 68, page 35, line 11, after <(b)> insert <of this subsection>

Marilyn Livingstone

91       In section 68, page 35, line 14, at end insert <of this subsection>

Marilyn Livingstone

92       In section 68, page 35, line 40, after <Act> insert—

<“conservation area” means an area which is designated as a conservation area under the terms of the 1997 Act; >

Section 69

Jeremy Purvis

93       Leave out section 69

Section 70

Jeremy Purvis

94       In section 70, page 37, line 12, leave out <10> and insert <20>

Marilyn Livingstone

95       In Section 70, page 37, line 18, after <substations> insert <, tramstops>

Jeremy Purvis

96       In section 70, page 37, line 36, leave out subsection (6)  

Section 73

Jeremy Purvis

97       In section 73, page 38, line 17, leave out <Scottish Ministers> and insert <the Clerk of the Parliament>

Section 76

Jeremy Purvis

98       In section 76, page 39, line 8, after <referred> insert <by either party to the dispute>

Section 77

Alasdair Morgan

99       In section 77, page 39, line 23, at end insert—

<(  )     Section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 is incorporated with this Act to the extent that it applies to compensation payable in respect of diminution in value to properties caused by construction works, and for the avoidance of doubt no other provisions of the Railway Clauses Consolidation (Scotland) Act 1845 are incorporated with this Act.>

Section 78

Jeremy Purvis

100     In section 78, page 40, line 11, at end insert <together with the amendments made to it to delete the following plots, 42-59 (including plots 50a and 51a), 223, 226-238 (including 232a), 240, 241, 243-249, 251, 253, 256, 258, 260 and 261 and to insert the following plots, 477-524>

Jeremy Purvis

101     In section 78, page 40, line 21, at end insert <together with amendments made to sheet i, ii, 3, 4, 6, 7, 13, 14, 15, 16, 17, 19, 20, 21 and 23>

Jeremy Purvis

102     In section 78, page 40, line 23, at end insert <together with amendments made to sheet 28>

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