Back to the Scottish Parliament Business Bulletin No. 94/2006: Friday 9 June 2006
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Section G – Bills

New Bills introduced or reprinted on 8 June 2006

Interests of Members of the Scottish Parliament Bill—The Bill was reprinted as passed (SP Bill 44C) (Committee Bill).

New amendments to Bills lodged on 8 June 2006

Bankruptcy and Diligence etc. (Scotland) Bill – Stage 2

Section 38

Murdo Fraser

17 In section 38, page 33, line 17, at end insert—

<( ) In subsection (2) above, a person has effectually executed diligence if—

(a) the person has executed diligence before the floating charge attaches to the property comprised in the company’s property and undertaking; and

(b) the diligence has not been rendered ineffectual by virtue of section 37(4) of the 1985 Act.>

Schedule 5

Murdo Fraser

18 In Schedule 5, page 172, line 6, at end insert—

<( ) After section 60(3) (which deals with the distribution of moneys by a receiver) insert—

"(4) In subsection (1)(b) above a person has effectually executed diligence if—

(a) the person has executed diligence before the floating charge attaches to the property comprised in the company’s property and undertaking; and

(b) the diligence has not been rendered ineffectual by virtue of section 37(4) of the Bankruptcy (Scotland) Act 1985 (c.66).".>

Murdo Fraser

19 In Schedule 5, page 172, line 10, leave out from <an> to end of line 13 and insert <a person has effectually executed diligence if—

(a) the person has executed diligence before the floating charge attaches to the property comprised in the company’s property and undertaking; and

(b) the diligence has not been rendered ineffectual by virtue of section 37(4) of the Bankruptcy (Scotland) Act 1985 (c.66).".>

Planning etc. (Scotland) Bill – Stage 2

Before section 1

Patrick Harvie

39 Before section 1, insert—

<Sustainable development

After Part 1 of the Principal Act insert—

"PART

SUSTAINABLE DEVELOPMENT

3ZA Sustainable development

(1) In exercising any function under this Act, planning authorities and the Scottish Ministers must act in the way best calculated to contribute to the achievement of sustainable development.

(2) The Scottish Ministers may issue guidance to a planning authority for the purposes of this section and that authority must have regard to any guidance so issued.".>

Section 1

Christine Grahame

40 In section 1, page 1, line 19, leave out <may> and insert <must also>

Christine Grahame

41 In section 1, page 2, line 4, leave out <may> and insert <must>

Christine Grahame

42 In section 1, page 2, line 4, at end insert—

<( ) Without prejudice to the generality of subsection (4)(b), the following classes of development must be designated as national developments—

(a) nuclear power stations,

(b) nuclear waste disposal sites,

(c) trunk road developments,

(d) rail developments, and

(e) bridges of strategic importance to transport infrastructure.>

Scott Barrie

43 In section 1, page 2, leave out lines 7 and 8 and insert <and

(b) consider at least every four years whether the framework should be revised and either—

(i) prepare a revised framework, or

(ii) publish the reasons why, in their opinion, revision is not necessary.>

Donald Gorrie

44 In section 1, page 2, leave out lines 10 and 11 and insert—

<(7A) The Scottish Ministers are, at all stages in the preparation or revision of the framework, to ensure that representatives of—

(a) any relevant committees of the Scottish Parliament,

(b) local authorities,

(c) other relevant statutory bodies, and

(d) relevant commercial and voluntary bodies,

are fully involved (including by inviting them to participate in meetings) in that preparation or revision.

(7B) After preparing or revising a framework in accordance with subsection (7A), the Scottish Ministers are to ensure that—

(a) the proposed contents of the framework are publicised in such manner as the Scottish Ministers think fit, and

(b) persons who may be expected to desire an opportunity of making representations to the Scottish Ministers with respect to the framework are—

(i) made aware that they are entitled to make such representations, and

(ii) given an adequate opportunity to do so.

(7C) Publicity under paragraph (a) of subsection (7B) is to include specification of a date by which representations under paragraph (b) of that subsection may be made.

(7D) The Scottish Ministers are, in determining the content of the proposed framework (or framework as proposed to be revised) to be laid before the Scottish Parliament in accordance with section 3B(1), to have regard to any timeous representations made under subsection (7B).>

Donald Gorrie

45 In section 1, page 2, line 13, leave out <3A(8)> and insert <3A(7A) to (7D)>

Donald Gorrie

46 In section 1, page 2, line 14, after <revised)> insert <, together with any note of reservation which any of the bodies mentioned in subsection (7A) wish to include,>

Donald Gorrie

47 In section 1, page 2, line 18, leave out from second <the> to <draft> in line 19 and insert <such period (being not less than 60 days beginning on the day on which the draft is so laid) as the Scottish Parliament may determine in relation to each framework (or framework as proposed to be revised)>

Patrick Harvie

48 In section 1, page 2, line 19, leave out from <of> to end of line 23 and insert <decided on by the Scottish Parliament as required to give adequate consideration to the framework, being not less than 60 days.>

Donald Gorrie

49 In section 1, page 2, line 23, at end insert—

<(2A) Any person or body may, within such period as the Scottish Parliament may determine, submit an objection to any framework laid before the Scottish Parliament under subsection (1) to the Clerk of the Parliament.

(2B) The Scottish Parliament may appoint one or more persons as an assessor for the purpose of examining and reporting on timeous objections made under subsection (2A) and the parts of the framework to which the objections relate.

(2C) Examination under subsection (2B) must take place in public and be conducted in as informal and non-confrontational manner as possible.

(2D) Where an examination under subsection (2B) cannot be completed within the period for Parliamentary consideration, that period must be extended by such period as the Scottish Parliament determines is necessary to allow for completion of the examination and consideration of the assessor’s findings by the Scottish Parliament.>

Donald Gorrie

50 In section 1, page 2, leave out lines 24 to 28 and insert—

<(A3) Where, during the period for Parliamentary consideration, the Scottish Parliament by resolution opposes the proposed framework (or specified parts of it), the Scottish Ministers, in preparing or revising the framework, are to amend the framework in such a way that the reasons for that opposition are removed.

(3) In relation to any other type of resolution or any report of, or of any committee of, the Scottish Parliament made, during the period for Parliamentary consideration, as regards the proposed framework, the Scottish Ministers, in preparing or revising the framework, are to have regard to the resolution or report.>

Donald Gorrie

50A As an amendment to amendment 50, line 2, after <consideration> insert <(or that period as extended under subsection (2D))>

Donald Gorrie

50B As an amendment to amendment 50, line 9, after <consideration> insert <(or that period as extended under subsection (2D))>

Donald Gorrie

51 In section 1, page 2, line 35, after <resolution> insert <falling within subsection (A3) of section 3B or any resolution>

Patrick Harvie

23A As an amendment to amendment 23, line 5, leave out <with the objective of contributing to> and insert <in the way best calculated to contribute to the achievement of>

Section 2

Patrick Harvie

52 In section 2, page 3, leave out lines 7 to 15

Cathie Craigie

53 In section 2, page 8, line 7, after <consultation> insert <and the involvement of the public at large>

Cathie Craigie

54 In section 2, page 8, line 8, leave out <consultation> and insert <participation>

Cathie Craigie

55 In section 2, page 9, line 11, after <consultation> insert <and the involvement of the public at large>

Cathie Craigie

56 In section 2, page 9, line 13, leave out <consultation> and insert <participation>

Cathie Craigie

57 In section 2, page 10, line 22, after <consultation> insert <, or

( ) involving the public at large,>

Cathie Craigie

58 In section 2, page 10, line 30, after <consultation> insert <, or

( ) involving the public at large,>

Cathie Craigie

59 In section 2, page 11, line 11, after <consultation> insert <and involving the public at large>

Cathie Craigie

60 In section 2, page 11, line 31, leave out <consultation> and insert <participation>

Cathie Craigie

61 In section 2, page 16, line 25, leave out <consultation> and insert < participation>

Cathie Craigie

62 In section 2, page 16, line 26, leave out <consultation> and insert <participation>

Cathie Craigie

63 In section 2, page 17, line 18, after <consultation> insert <and the involvement of the public at large>

Cathie Craigie

64 In section 2, page 17, line 20, leave out <consultation> and insert <participation>

Cathie Craigie

65 In section 2, page 19, line 18, after <consultation> insert <, or

( ) involving the public at large,>

Cathie Craigie

66 In section 2, page 19, line 25, after <consultation> insert <, or

( ) involving the public at large,>

Cathie Craigie

67 In section 2, page 20, line 5, after <consultation> insert <and involving the public at large>

Cathie Craigie

68 In section 2, page 20, line 25, leave out <consultation> and insert <participation>

Cathie Craigie

69 In section 2, page 22, line 4, after <preparation> insert <or review>

Cathie Craigie

70 In section 2, page 22, line 5, leave out <a "consultation> and insert <an authority’s "participation>

Cathie Craigie

71 In section 2, page 22, line 6, at end insert <and of the steps to be taken to involve the public at large in the stages of preparation or review>

Waverley Railway (Scotland) Bill – Final Stage

Section 26

Tricia Marwick

1 In section 26, page 15, line 16, leave out <seven> and insert <five>

After section 26

Tavish Scott

2 After section 26, insert—

<Extension of time

(1) On the application of the authorised undertaker, the Scottish Ministers may, by order, extend, or further extend, the period referred to in subsection (1) of section 26 above provided that—

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

(b) the period referred to in that subsection, taken together with any extension to it, shall not exceed 10 years in total.

(2) If the Scottish Ministers extend, or further extend, the period referred to in subsection (1) of section 26 above, subsection (2) of that section shall have effect as if, for the period referred to in it, there were substituted the extended, or further extended, period.

(3) The power of the Scottish Ministers to make orders under subsection (1) above shall be exercisable by statutory instrument.

(4) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Parliament.>

Section 35

Tavish Scott

3 In section 35, page 19, line 21, leave out <eight> and insert <10>

Schedule 9

Tricia Marwick

4 In schedule 9, page 78, leave out lines 24 to 26

Draft Proposals for Members’ Bills

Bruce Crawford MSP: Proposed Abolition of the Tay Bridge and Forth Road Bridge Tolls Bill—Draft proposal for a Bill to abolish the tolls on the Tay Bridge and Forth Road Bridge (lodged 9 May 2006)

A copy of the consultation document can be found on the Bills page of the Parliament’s website and in SPICe. The consultation period begins on 8 June 2006 and ends on 30 August 2006.

Rob Gibson: Proposed Legal Rights on Succession (Scotland) Bill—Draft proposal for a Bill to amend the law on succession to heritable property by extending the same legal rights as apply to moveable property. (lodged 8 June 2006)

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

Contents An A B C D E F G H I J