Back to the Scottish Parliament Business Bulletin No. 178/2006: Thursday 7 December 2006
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Section G – Bills

New amendments to Bills lodged on 6 December 2006

Adoption and Children (Scotland) – Stage 3

The amendment below has been lodged as a manuscript amendment. The Presiding Officer has agreed, under Rule 9.10.6, to allow it to be moved at the meeting of the Parliament on 7 December.

Schedule 2

Hugh Henry

154 In schedule 2, page 71, line 7, after <(b)> insert <of the definition of "relevant person">

Adult Support and Protection (Scotland) Bill – Stage 2

Section 6

Dr Jean Turner

45 In section 6, page 3, line 20, at end insert—

<(1A) A council officer visiting, under subsection (1), a person whom the officer considers may be an adult at risk must be accompanied by a doctor and the officer must take reasonable steps to ensure that the doctor is the general practitioner with whom the adult at risk is registered.>

Section 14

Euan Robson

46 In section 14, page 5, line 26, at end insert <and

( ) as to the availability and suitability of the place to which the adult at risk is to be moved.>

Section 19

Lewis Macdonald

47 In section 19, page 8, line 5, at end insert <and

( ) that either—

(i) the adult at risk is entitled, or permitted by a third party, or

(ii) neither the adult at risk nor the subject is entitled, or permitted by a third party,

to occupy the place from which the subject is to be banned.>

After section 21

Lewis Macdonald

48 After section 21 insert—

<Banning orders: occupancy rights of adult at risk

The granting of a banning order or a temporary banning order does not affect any right the adult at risk has by virtue of being a non-entitled spouse to occupy a home within the place from which the subject is banned under section 1(1) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59).>

After section 23

Lewis Macdonald

49 After section 23 insert—

<Notification to adult at risk etc.

(1) This section applies where the sheriff—

(a) grants a banning order or temporary banning order, or

(b) varies or recalls such an order,

on the application of a person other than the adult whose well-being or property is safeguarded by the order.

(2) Where this section applies, the applicant (or such other person as may be prescribed) must deliver the document mentioned in subsection (3) to—

(a) the adult whose well-being or property is safeguarded by the order, and

(b) any other person with an interest in that adult’s well-being or property as the sheriff may specify.

(3) The document which is to be delivered under subsection (2) is a copy of—

(a) the order (and any power of arrest attached),

(b) the varied order, or, as the case may be,

(c) the order of recall.

(4) Failure to comply with subsection (2) does not invalidate the order, variation or recall concerned.>

Section 34

Dr Jean Turner

50 In section 34, page 13, line 23, after <constable> insert <(and, as the case may be, a doctor under section 6(1A))>

Section 37

Mrs Nanette Milne

51 Leave out section 37

Section 39

Euan Robson

52 In section 39, page 16, line 12, at end insert—

<( ) to maintain effective working relationships with the relevant Child Protection Committee, including establishing transitional arrangements for the welfare and protection of persons who were under the responsibility of the relevant Child Protection Committee and may become adults at risk,>

Euan Robson

53 In section 39, page 16, line 26, at end insert—

<( ) In this section, "relevant Child Protection Committee" means any committee established in the council’s area, comprising the council and other agencies, with the responsibility for working together to protect children and young people as effectively as possible.>

Section 42

Euan Robson

54 In section 42, page 17, line 14, at end insert <and

( ) keep proper records to allow them to do so.>

Section 48

Euan Robson

55 In section 48, page 19, line 27, leave out <a removal order,>

Lewis Macdonald

56 In section 48, page 19, line 29, leave out subsection (2) and insert—

<(2) Any decision of a sheriff to grant, or to refuse to grant, a banning order or temporary banning order may be appealed to the sheriff principal.

But an appeal under this subsection against the granting of, or a refusal to grant, a temporary banning order is competent only with leave of the sheriff.

(3) The sheriff principal’s decision on an appeal under subsection (2) may be appealed to the Court of Session.

But an appeal under this subsection against a decision relating to a temporary banning order is competent only with leave of the sheriff principal.

(4) Where a sheriff principal decides to quash a banning order or temporary banning order, the order concerned is (despite the sheriff principal’s determination) to continue to have effect until—

(a) the end of the period during which the decision to quash the order may be appealed to the Court of Session (if no such appeal is made),

(b) where such an appeal is made, the day on which—

(i) the appeal is abandoned, or

(ii) the Court of Session confirms the sheriff principal’s decision to quash the order, or

(c) any other day on which—

(i) the order otherwise expires by virtue of section 18(6) or 20(4), or

(ii) in the case of a temporary banning order, the sheriff principal refuses leave to appeal against the decision to quash the order.>

Section 49

Dr Jean Turner

57 In section 49, page 19, line 32, leave out first <may> and insert <must>

Legal Profession and Legal Aid (Scotland) Bill – Stage 3

Section 8

Jackie Baillie
Supported by: David Davidson

1 In section 8, page 6, line 32, leave out <£20,000> and insert <£15,000>

Section 12

Jackie Baillie
Supported by: Mr Jim Wallace

2 In section 12, page 10, line 25, leave out <by virtue of rules made under section 23(1)> and insert <under section (Appeals)(1)>

After section 14

Jackie Baillie
Supported by: Mr Jim Wallace

3 After section 14, insert—

<Appeals

Appeals

(1) Any person mentioned in subsection (2) may, with the leave of the court, appeal against any decision of the Commission under the preceding sections of this Part on the grounds set out in subsection (4) of this Act.

(2) Those persons are—

(a) the complainer;

(b) the practitioner to whom the complaint relates;

(c) the practitioner’s firm;

(d) the employing practitioner;

(e) the relevant professional organisation.

(3) An appeal under subsection (1) must be made before the expiry of the period of 28 days beginning with the day on which notice of the decision was given to the complainer and the practitioner; but the court may, on cause shown, consider an appeal made after the expiry of that period.

(4) The grounds referred to in subsection (1) above are—

(a) that the Commission’s decision was based on an error of law;

(b) that there has been a procedural impropriety in the conduct of any hearing by the Commission on the complaint;

(c) that the Commission has acted unreasonably in the exercise of its discretion;

(d) that the Commission’s decision was not supported by the facts found to be established by the Commission.

(5) The Commission is to be a party in any proceedings on an appeal under subsection (1).

(6) In this section and in section (Appeals: supplementary provision)

"court" means the Court of Session; and

"decision" includes any determination, direction or other decision and also includes the making of any report under section 8(2)(e).>

Jackie Baillie
Supported by: Mr Jim Wallace

4 After section 14, insert—

<Appeals: supplementary provisions

(1) On any appeal under section (Appeals)(1), the court may make such order as it thinks fit (including an order substituting the decision appealed against).

(2) Where such an order upholds a service complaint or confirms a decision of the Commission to uphold a service complaint, the court may direct that such of the steps mentioned in 8(2) as it considers fair and reasonable in the circumstances be taken.

(3) On any appeal under section (Appeals)(1) the court may make such ancillary order (including an order as to the expenses of the appeal) as it thinks fit.

(4) A decision of the court under this section is final.>

After section 27

Mr John Swinney

5 After section 27, insert—

<Conduct complaints: report to Scottish Ministers

(1) The Commission must, no later than 2 years after the date on which the whole of Parts 1 and 2 of this Act are first in force, prepare a report to the Scottish Ministers—

(a) setting out its views on the operation of the arrangements for the investigation and determination of conduct complaints, and

(b) making a recommendation as to whether responsibility for such investigation and determination should—

(i) remain with the relevant professional organisations, or

(ii) be transferred to it.

(2) The Scottish Ministers must, on receipt of a report under subsection (1) which makes a recommendation of the type mentioned in paragraph (b)(ii) of that subsection, consider whether to make an order under section 31 adjusting the duties imposed, and powers conferred, on the Commission to include responsibility for the investigation and determination of conduct complaints.

(3) A report under subsection (1) must be—

(a) published by the Commission, and

(b) laid before the Scottish Parliament by the Scottish Ministers.>

Section 29

Mr John Swinney

6 In section 29, page 22, line 21, at end insert—

<( ) For the purposes of subsection (1)(b), the Commission may in particular review the terms of any contracts or other documents associated with the professional indemnity arrangements.>

Section 31

Mr John Swinney

7 In section 31, page 23, line 9, at end insert—

<( ) Regulations under subsection (1) which adjust the duties of the Commission to include responsibility for investigating and determining conduct complaints may make such modifications of Part 2 of this Act (and any other enactment, instrument or document) as are necessary to remove such responsibility from the relevant professional organisations.>

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