Back to the Scottish Parliament Business Bulletin No. 76/2009: Thursday 7 May 2009
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Section G – Bills

New amendments to Bills lodged on 6 May 2009

Flood Risk Management (Scotland) Bill – Stage 3

Section 2

Roseanna Cunningham

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

<(5) The Scottish Ministers must give guidance under subsection (1) to SEPA and all responsible authorities on their duties under—

(a) subsection (2)(a) of section 1, and

(b) subsection (2)(b)(zi) of that section.

(6) The guidance given in pursuance of subsection (5) must be given not later than 18 months after the provision to which the guidance relates is commenced.

(7) The Scottish Ministers must review and where appropriate update the guidance given in pursuance of subsection (5) not later than 6 years after it was first given or, as the case may be, last reviewed under this subsection.

(8) Before giving guidance in pursuance of subsection (5) or updating the guidance under subsection (7), the Scottish Ministers must consult—

(a) SEPA,

(b) every responsible authority, and

(c) such other persons as they consider appropriate.>

Section 9

Roseanna Cunningham

27 In section 9, page 5, line 34, leave out subsection (6)

Section 16

Roseanna Cunningham

28 In section 16, page 11, line 16, leave out <subsection (1)> and insert <this Act>

Roseanna Cunningham

29 In section 16, page 11, leave out line 35

Roseanna Cunningham

30 In section 16, page 11, line 38, at end insert—

<( ) The map referred to in subsection (3)(b) must be prepared at a scale which SEPA considers will assist in—

(a) the identification of measures under section 23(4)(b), and

(b) the inclusion of information in local flood risk management plans under section 29(3)(b)(ia) and (4)(ba)(i).>

Section 19

Roseanna Cunningham

31 In section 19, page 14, line 16, at end insert—

<(vi) areas classified pursuant to Article 4 of Council Directive 79/409/EEC on the conservation of wild birds,

(vii) special areas of conservation designated under regulation 8(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (SI 1994/2716), and

(viii) sites of special scientific interest which have been notified in terms of section 3 of the Nature Conservation (Scotland) Act 2004 (asp 6).>

Roseanna Cunningham

32 In section 19, page 14, line 18, leave out <(v)> and insert <(viii)>

Section 23

Roseanna Cunningham

33 In section 23, page 15, line 24, leave out subsections (4A) to (4C)

Section 24

Roseanna Cunningham

34 In section 24, page 16, line 10, leave out <cost> and insert <costs>

Roseanna Cunningham

35 In section 24, page 16, line 34, leave out from <flood> to end of line 35 and insert—

<( ) flood warning,

( ) awareness raising,

( ) the preparation and review of development plans, and

( ) the carrying out of research, monitoring and other methods of gathering information relevant to managing flood risk.>

After section 24

Roseanna Cunningham

36 After section 24, insert—

<Flood risk management plans: guidance

(1) The Scottish Ministers must give guidance to SEPA on the setting of objectives and identification of measures under sections 23 and 24.

(2) The guidance must, in particular, address the consideration of measures that consist of carrying out any alteration (including enhancement) or restoration of a natural feature or characteristic.

(3) The guidance must be given no later than 22 December 2012.

(4) The Scottish Ministers must review and where appropriate update the guidance not later than—

(a) 6 years after it was given, or

(b) where the guidance has been reviewed under this subsection, 6 years after the last such review.

(5) Before giving the guidance or updating it under subsection (4), the Scottish Ministers must consult—

(a) SEPA,

(b) every responsible authority, and

(c) such other persons as they consider appropriate.

(6) SEPA must have regard to any guidance given under this section.>

Section 25

Roseanna Cunningham

37 In section 25, page 17, line 24, at end insert—

<( ) every category 1 responder (other than a responder which is a responsible authority) which has functions exercisable in or in relation to the district,>

Section 26

Roseanna Cunningham

38 In section 26, page 18, line 16, leave out <action should be> and insert <consultation should be undertaken or other action>

Roseanna Cunningham

39 In section 26, page 18, line 18, after <to> insert <undertake such further consultation and>

Section 29

Roseanna Cunningham

40 In section 29, page 20, line 1, after <maps,> insert—

<(ia) information about how implementing the measures summarised under paragraph (a) may alter (including enhance) or restore natural features and characteristics,>

Roseanna Cunningham

41 In section 29, page 20, line 2, leave out <the measures summarised under paragraph (a)> and insert <those measures>

Roseanna Cunningham

42 In section 29, page 20, line 22, after <to> insert—

<(i) the alteration (including enhancement) or restoration of natural features and characteristics, and

(ii)>

Section 30

Roseanna Cunningham

43 In section 30, page 21, line 41, at end insert—

<( ) any category 1 responder (other than a responder which is a responsible authority) which has functions exercisable in or in relation to the district,>

Section 37

Roseanna Cunningham

44 In section 37, page 25, line 19, leave out <of,> and insert <relating to—

( ) the contribution that altering (including enhancing) or restoring natural features and characteristics could make to managing flood risk, and

( )>

Section 43

Roseanna Cunningham

45 In section 43, page 30, line 2, at end insert—

<( ) any category 1 responder (other than a responder which is a responsible authority) which has functions exercisable in or in relation to the sub-district,>

Section 45

Roseanna Cunningham

46 In section 45, page 30, line 21, leave out from <action> to <Part> in line 22 and insert <the action referred to in subsection (2) taken during the year>

Roseanna Cunningham

47 In section 45, page 30, line 27, at end insert—

<(2) The action is—

(a) action taken in accordance with this Part (including, in particular, action taken for securing compliance with the requirements of the Directive), and

(b) action taken to implement measures identified in a flood risk management plan approved under section 27.>

Section 49

Roseanna Cunningham

48 In section 49, page 32, leave out line 16

Section 67

Roseanna Cunningham

49 In section 67, page 41, leave out lines 20 and 21 and insert—

<( ) every category 1 responder (other than a local authority) which has functions exercisable in or in relation to the area which is the subject of the assessment.>

Roseanna Cunningham

50 In section 67, page 41, leave out lines 24 and 25 and insert—

<( ) any category 1 responder (other than a local authority) which has functions exercisable in or in relation to the area in which the power is to be exercised.>

Roseanna Cunningham

51 In section 67, page 41, line 26, leave out subsections (3) and (4)

Section 68

Roseanna Cunningham

52 In section 68, page 42, line 23, at end insert—

<(zb) any land for the purposes of preparing a local flood risk management plan under section 29,

(zc) any land for the purposes of preparing a report under section 32 or 33,>

Roseanna Cunningham

53 In section 68, page 42, line 35, at end insert—

<( ) In subsection (2), paragraphs (zb) and (zc) apply only where the local authority is a lead authority within the meaning of section 29.>

Section 72

Roseanna Cunningham

54 In section 72, page 45, line 18, leave out <or, as the case may be>

Roseanna Cunningham

55 In section 72, page 45, line 19, at end insert <or, as the case may be, exercise of another function mentioned in section 71>

Section 80

Roseanna Cunningham

56 In section 80, page 51, line 14, after <68> insert <(whether those specified in that section or the ancillary powers mentioned in section 70(1) and (2))>

Section 84

Roseanna Cunningham

57 In section 84, page 53, line 12, at end insert—

<"category 1 responder" means a person or body listed in Part 2 of Schedule 1 to the Civil Contingencies Act 2004 (c.36),>

Roseanna Cunningham

58 In section 84, page 53, line 23, at end insert—

<(1A) In this Act, any reference to a Directive of the European Parliament and of the Council or, as the case may be, a Council Directive includes a reference to the Directive as amended from time to time.>

Schedule 1

Roseanna Cunningham

59 In schedule 1, page 54, line 11, leave out from <before> to end of line 12 and insert—

<(i) before the plan is next reviewed under section 28,

(ii) in the 6 years following that review, or

(iii) after the end of the period mentioned in sub-paragraph (ii).>

Roseanna Cunningham

60 In schedule 1, page 54, line 27, at end insert—

<A description of—

(a) in relation to each measure included in the plan under paragraph 1(b), the reasons for identifying the measure, and

(b) in relation to any alteration (including enhancement) or restoration of a natural feature or characteristic in the flood risk management district which—

(i) is identified in an assessment under section 16,

(ii) could contribute to the management of flood risk, and

(iii) is not to be carried out by a measure included in the plan under paragraph 1(b),

the reasons why no such measure has been identified.>

Roseanna Cunningham

61 In schedule 1, page 54, line 31, at end insert—

<In relation to measures to be implemented before the plan is next reviewed under section 28, an estimate of the cost of implementing the measures.>

Schedule 4

Roseanna Cunningham

62 In schedule 4, page 63, line 30, column 2, after <6> insert <(see also section 84(1A))>

Roseanna Cunningham

63 In schedule 4, page 64, line 3, at end insert—

<category 1 responder                                               Section 84(1)>

Roseanna Cunningham

64 In schedule 4, page 64, line 18, at end insert—

<natural features and characteristics                          Section 16(1A)>

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.

A proposal (whether draft or final) may be withdrawn at any time by the member who lodged it under Rule 9.14.16 of the Standing Orders.

The Bills page of the parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Final Proposal for Members’ Bills

Christine Grahame MSP: Proposed Control of Dogs (Scotland) Bill - Proposal for a Bill to modernise the law on out of control dogs including dangerous dogs. (lodged 24 April 2009)

A copy of a statement of reasons lodged on 13 March 2009 is available in the Scottish Parliament Information Centre (SPICe).

The Local Government and Communities Committee indicated on 1 April that they were satisfied with those reasons.

Supported by: Elaine Murray, Maureen Watt, Tricia Marwick, Jackie Baillie, Sandra White, Stuart McMillan, Patricia Ferguson, Hugh Henry, Bill Wilson, Gil Paterson, Bob Doris, Kenneth Gibson, Alasdair Allan, Angela Constance, Christopher Harvie, Shirley-Anne Somerville, Cathy Jamieson, Joe FitzPatrick, Jamie Hepburn, Michael Matheson, Margo MacDonald, Malcolm Chisholm, Charlie Gordon, Marlyn Glen, Elaine Smith, Cathy Peattie, Jim Tolson, Dave Thompson, Patrick Harvie, Bill Butler, Alasdair Allan, Bill Kidd, Ian McKee, Cathy Jamieson, John Park, Elaine Smith

Margo MacDonald: End of Life Choices (Scotland) Bill - Proposal for a Bill to permit physician assistance to persons who wish to end their own lives (lodged 23 April 2009)

A summary of the responses to the consultation on the draft proposal together with copies of each response, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Robin Harper, Elaine Murray, Bill Wilson, Jackson Carlaw, Jim Hume, Sandra White, Christine Grahame, Christopher Harvie, Patrick Harvie, Jeremy Purvis, George Foulkes, Ian McKee, Angela Constance, Jamie Hepburn, Joe FitzPatrick, John Park, Bill Kidd, Charlie Gordon, Liam McArthur, Aileen Campbell

James Kelly’s name was erroneously included in the list of supporters published in the Business Bulletin on 24 and 27 April 2009. This was the result of an administrative error.

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