Back to the Scottish Parliament Business Bulletin No. 14/2010: Friday 22 January 2010
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Section G – Bills

New amendments to Bills lodged on 21 January 2010

Public Services Reform (Scotland) Bill – Stage 2

Section 10

Jeremy Purvis

83 In section 10, page 6, line 5, leave out subsection (1) and insert—

<(1) The Scottish Ministers may by order make any provision which they consider would improve the—

(a) efficiency,

(b) effectiveness, and

(c) economy,

of the exercise of public functions.>

Jeremy Purvis

84 In section 10, page 6, line 11, at end insert—

<( ) The provision that may be made under subsection (1) must not include provision—

(a) conferring or abolishing any public function,

(b) abolishing a person, body or office-holder listed in schedule 3,

(c) creating any person, body or office-holder.>

Jeremy Purvis

85 In section 10, page 6, line 13, leave out <conferring, abolishing,>

Jeremy Purvis

86 In section 10, page 6, leave out lines 21 to 24

Jeremy Purvis

87 In section 10, page 6, line 28, leave out from beginning to <(3)(c),>

Jeremy Purvis

88 In section 10, page 6, line 31, leave out subsection (5)

Schedule 3

David Whitton

89 In schedule 3, page 85, leave out line 2

David Whitton

90 In schedule 3, page 86, leave out line 5

Section 12

Jeremy Purvis

91 In section 12, page 8, leave out lines 20 to 31

Jeremy Purvis

92 In section 12, page 8, line 35, leave out <, (d) and (e)>

Jeremy Purvis

93 In section 12, page 8, line 39, leave out subsection (5)

Section 13

Jeremy Purvis

94 In section 13, page 9, line 23, at end insert—

<( ) The provision that may be made under subsection (1) must not include provision—

(a) conferring or abolishing any function,

(b) creating or abolishing any body or office.>

Jeremy Purvis

95 In section 13, page 9, line 25, leave out <abolishing, conferring or>

Jeremy Purvis

96 In section 13, page 9, leave out line 27

Section 15

Jeremy Purvis

97 In section 15, page 10, line 17, leave out <confer or>

Jeremy Purvis

98 In section 15, page 10, line 21, leave out subsections (3) to (5)

Jeremy Purvis

99 In section 15, page 10, line 30, leave out <to (3)> and insert <and (2)>

Section 20

Jeremy Purvis

100 In section 20, page 11, line 34, after <section 22,> insert—

<( ) the Parliament has by resolution—

(i) approved the making of the provision contained in the draft order by order under section 10 or, as the case may be, 13(1), and

(ii) determined whether the draft order must be approved by, or whether the order is to be subject to annulment in pursuance of, a resolution of the Parliament,>

David Whitton

101 In section 20, page 11, leave out line 35 and insert—

<( ) the order is made, as determined under section (Determination of parliamentary procedure), in accordance with—

( ) the negative resolution procedure (see section (Negative resolution procedure)),

( ) the affirmative resolution procedure (see section (Affirmative resolution procedure)),or

( ) the super-affirmative resolution procedure (see section (Super-affirmative resolution procedure)).

Jeremy Purvis

102 In section 20, page 11, line 35, at the beginning insert <where the Parliament has so resolved,>

Jeremy Purvis

103 In section 20, page 11, line 35, at end insert—

<( ) Where the Parliament has so resolved, an order under section 10 or 13(1) is subject to annulment in pursuance of a resolution of the Parliament.>

After section 22

David Whitton

104 After section 22, insert—

<Determination of parliamentary procedure

(1) The explanatory document referred to in section 20(2)(b)(ii) must contain a recommendation by the Scottish Ministers as to which of the following should apply in relation to the making of an order pursuant to the draft order—

(a) the negative resolution procedure (see section (Negative resolution procedure)),

(b) the affirmative resolution procedure (see section (Affirmative resolution procedure)),or

(c) the super-affirmative resolution procedure (see section (Super-affirmative resolution procedure)).

(2) The explanatory document must give reasons for the Scottish Ministers’ recommendation.

(3) Where the Scottish Ministers’ recommendation is that the negative resolution procedure should apply, that procedure is to apply unless, within the 30-day period—

(a) the Scottish Parliament requires that the super-affirmative resolution procedure is to apply, in which case that procedure is to apply, or

(b) in a case not falling within paragraph (a), the Parliament requires that the affirmative resolution procedure is to apply, in which case that procedure is to apply.

(4) Where the Scottish Ministers’ recommendation is that the affirmative resolution procedure should apply, that procedure is to apply unless, within the 30-day period, the Scottish Parliament requires that the super-affirmative resolution procedure is to apply, in which case the super-affirmative resolution procedure is to apply.

(5) Where the Scottish Ministers’ recommendation is that the super-affirmative resolution procedure should apply, that procedure is to apply.

(6) For the purposes of this section the Scottish Parliament is to be taken to have required a procedure within the 30-day period if—

(a) the Parliament resolves within that period that that procedure is to apply, or

(b) in a case not falling within paragraph (a), any committee of the Parliament for the time being established by virtue of standing orders charged with reporting on the draft order has recommended within that period that that procedure should apply and the Parliament has not by resolution rejected that recommendation within that period.

(8) In this section the “30-day period” means the period of 30 days beginning with the day on which the draft order was laid before the Scottish Parliament under section 20(2)(b)(i).>

David Whitton

105 After section 22, insert—

<Negative resolution procedure

(1) For the purposes of this Part, the “negative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 20(2)(b)(i) is as follows.

(2) The Scottish Ministers may make an order in the terms of the draft order subject to the following provisions of this section.

(3) The Scottish Ministers may not make an order in the terms of the draft order if the Scottish Parliament so resolves within the 40-day period.

(4) Any committee of the Scottish Parliament for the time being established by virtue of standing orders charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that the Scottish Ministers not make an order in the terms of the draft order.

(5) Where a recommendation is made by any committee of the Scottish Parliament under subsection (4) in relation to a draft order, the Scottish Ministers may not make an order in the terms of the draft order unless the recommendation is, in the same Session, rejected by a resolution of the Parliament.

(6) For the purposes of this section an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(7) In this section—

(a) the “30-day period” has the meaning given by section (Determination of parliamentary procedure)(8), and

(b) the “40-day period” means the period of 40 days beginning with the day on which the draft order was laid before Parliament under section 20(2)(b)(i).

(8) For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (4) by any committee of the Scottish Parliament but the recommendation is rejected by the Parliament under subsection (5), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.>

David Whitton

106 After section 22, insert—

<Affirmative resolution procedure

(1) For the purposes of this Part the “affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 20(2)(b)(i) is as follows.

(2) If after the expiry of the 40-day period the draft order is approved by a resolution of the Scottish Parliament, the Scottish Ministers may make an order in the terms of the draft.

(3) However, a committee of the Scottish Parliament for the time being established by virtue of standing orders charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that no further proceedings be taken in relation to the draft order.

(4) Where a recommendation is made by any committee of the Scottish Parliament under subsection (3) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Parliament under subsection (2) unless the recommendation is, in the same Session, rejected by a resolution of the Parliament.

(5) For the purposes of subsection (2) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(6) In this section—

(a) the “30-day period” has the meaning given by section (Determination of parliamentary procedure)(8), and

(b) the “40-day period” has the meaning given by section (Negative resolution procedure)(7).

(7) For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (3) by any committee of the Scottish Parliament but the recommendation is rejected by the Parliament under subsection (4), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.>

David Whitton

107 After section 22, insert—

<Super-affirmative resolution procedure

(1) For the purposes of this Part the “super-affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 20(2)(b)(i) is as follows.

(2) The Scottish Ministers must have regard to—

(a) any representations,

(b) any resolution of the Scottish Parliament, and

(c) any recommendations of any committee of the Parliament for the time being established by virtue of standing orders charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3) If, after the expiry of the 60-day period, the Scottish Ministers wish to make an order in the terms of the draft, they must lay before the Scottish Parliament a statement—

(a) stating whether any representations were made under subsection (2)(a), and

(b) if any representations were so made, giving details of them.

(4) The Scottish Ministers may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of the Scottish Parliament.

(5) However, any committee of the Scottish Parliament charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by the Parliament under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6) Where a recommendation is made by any committee of the Scottish Parliament under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Parliament under subsection (4) unless the recommendation is, in the same Session, rejected by a resolution of the Parliament.

(7) If, after the expiry of the 60-day period, the Scottish Ministers wish to make an order consisting of a version of the draft order with material changes, they must lay before the Scottish Parliament—

(a) a revised draft order, and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a), and

(ii) the revisions proposed.

(8) The Scottish Ministers may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft if it is approved by a resolution of the Scottish Parliament.

(9) However, any committee of the Scottish Parliament charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by the Parliament under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10) Where a recommendation is made by any committee of the Scottish Parliament under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in the Parliament under subsection (8) unless the recommendation is, in the same Session, rejected by a resolution of the Parliament.

(11) Subsections (2) to (4) of section 22 are to apply in relation to the disclosure of representations under subsections (3)(b) and (7)(b)(i) of this section as they apply in relation to the disclosure of representations under subsection (1)(f)(ii) of that section.

(12) For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(13) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before the Parliament under section 20(2)(b)(i).>

David Whitton

108 After section 22, insert—

<Calculation of time periods

In calculating any period of days for the purposes of section (Determination of parliamentary procedure) to section (Super-affirmative procedure), no account shall be taken of any time during which the Scottish Parliament is dissolved or in recess for more than four days.>

After section 25

Derek Brownlee

109 After section 25, insert—

<Public functions: duty to provide information on special advisers

(1) The Scottish Ministers must publish annually a statement of the total amount of all payments made to special advisers.

(2) Such a statement must include details of sums paid or credited as—

(a) remuneration (including bonuses),

(b) allowances and expenses, and

(c) pension (including pension contributions).

(3) In subsection (1), “special advisers” means a person appointed by virtue of article 3(4) of the Civil Service Order in Council 1995.>

After section 100

Derek Brownlee

110 After section 100, insert—

<Limitation on number of special advisers: Scottish Ministers’ budget proposals

(1) The Scottish Ministers, when submitting budget proposals in any year, must not make provision for expenditure for more than 10 special advisers.

(2) In subsection (1), “special advisers” means a person appointed by virtue of article 3(4) of the Civil Service Order in Council 1995.>

Derek Brownlee

111 After section 100, insert—

<Publication of financial information by Scottish Ministers

Budget proposals: level of detail

(1) The Scottish Ministers must, when submitting budget proposals in any year, include in them such detailed information relating to their planned use of resources for the coming financial year—

(a) as the Scottish Parliament by resolution, or

(b) the Finance Committee of the Parliament,

may require in relation to that financial year or generally.

(2) In this section—

“budget proposals” means proposals made, in relation to a Bill for a Budget Act, for the use of resources,

“use of resources” has the meaning given in section 1(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1).>

Derek Brownlee

112 After section 100, insert—

<Information on cost of capital projects

(1) The Scottish Ministers must—

(a) before the expiry of the period of 12 months beginning with the date of Royal Assent, and

(b) as soon as reasonably practicable after the end of each subsequent period of 12 months,

publish a statement containing the information mentioned in subsection (2).

(2) That information is information setting out—

(a) the capital projects which the Scottish Ministers are undertaking,

(b) the costs incurred in relation to each such project prior to the date of the statement,

(c) the costs expected to be incurred in relation to each such project in each year in the period of 10 years following the publication of the statement,

(d) the capital projects which the Scottish Ministers intend to commence during that period, and

(e) the costs expected to be incurred in relation to each such project in each year in that period.>

Marine (Scotland) Bill – Stage 3

After section 2A

Peter Peacock

2 After section 2A, insert—

<Mitigation of and adaptation to climate change

In exercising any function that affects the Scottish marine area under this Act, the Climate Change (Scotland) Act 2009 (asp 12), or any other enactment—

(a) the Scottish Ministers, and

(b) public authorities,

must act in a way best calculated to mitigate, and adapt to, climate change as far as is consistent with the purpose of the function concerned.>

Section 59

Peter Peacock

3 In section 59, page 38, line 12, at end insert—

<( ) In considering whether to designate an area, the Scottish Ministers may have regard to the extent to which doing so will contribute to the mitigation of climate change.>

Section 65

Peter Peacock

4 In section 65, page 41, line 10, at end insert—

<( ) indicate where a plan or chart identifying the area’s boundaries can be obtained or inspected.>

Peter Peacock

5 In the long title, page 1, line 1, leave out <functions and activities in> and insert <the sustainable development of>

Tobacco and Primary Medical Services (Scotland) Bill – Stage 3

After section 1

Dr Richard Simpson

29 After section 1, insert—

<Prohibition of certain other displays etc.

(1) A person who carries on a tobacco business (other than a specialist tobacconist) who displays or causes to be displayed, at the point of sale of tobacco products, any image of or information about tobacco products or smoking related products (other than the notice required to be displayed by section 5 or prices displayed in accordance with regulations under section 3) commits an offence.

(2) A person who carries on a tobacco business (other than a specialist tobacconist) must not, in any premises where that business is carried out, allow the presence of any container—

(a) which is visible to members of the public at the point of sale of tobacco products,

(b) in which tobacco products or smoking related products are stored, and

(c) which incorporates lighting or any other feature, either inside or surrounding the container, the purpose or effect of which is to promote any of those products.

(3) Subsection (2) applies even if the lighting or other feature is only visible when the container is open.

(4) A person who fails to comply with subsection (2) commits an offence.

(5) A person guilty of an offence under subsection (1) or (4) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) In subsection (1)––

“smoking related products” includes, in addition to the things mentioned in section 27(2), cigarette lighters,

“specialist tobacconist” has the meaning given by section 6(2) of the Tobacco Advertising and Promotion Act 2002 (c.36).>

Section 2

Dr Richard Simpson

30 In section 2, page 2, line 11, after <products> insert <or of an image or information of a type mentioned in section (Prohibition of certain other displays etc.)(1)>

Section 5

Dr Richard Simpson

31 In section 5, page 4, line 21, at end insert <, and

(b) must not display in such premises any other information about the law governing the sale of tobacco products or the policies adopted by that person in relation to the purchase of tobacco products in those premises (for example, as to proof of age).>

Dr Richard Simpson

32 In section 5, page 4, line 26, at end insert—

<( ) The notice may also include information about the policies mentioned in subsection (1)(b).>

After section 12C

Christine Grahame

33 After section 12C, insert—

<Tobacco retailing banning orders: display of notices

(1) This section applies where—

(a) a tobacco retailing banning order has effect in respect of a person, and

(b) the person carries on a retail business at the premises specified in the order.

(2) The person must display a notice in the premises in accordance with subsection (3).

(3) The notice must—

(a) state that the premises have been specified in a tobacco retailing banning order and the period for which the order has effect,

(b) be displayed in a prominent position in the premises where it is readily visible to persons at every relevant point of sale, and

(c) be displayed no later than 14 days after the tobacco retailing banning order is made.

(4) A relevant point of sale is one that was used for the sale of tobacco products or smoking related products at any time during the period of 2 months ending with the making of the banning order.

(5) The Scottish Ministers may prescribe—

(a) the dimensions of the notice to be displayed in accordance with this section,

(b) the wording of the statement to be displayed on the notice, and

(c) the size of the statement.>

Section 13

Christine Grahame

34 In section 13, page 9, line 18, at end insert—

<(3B) A person who fails, without reasonable excuse, to comply with section (Tobacco retailing banning orders: display of notices)(2) (duty to display notice) commits an offence.>

Christine Grahame

35 In section 13, page 9, line 25, at end insert—

<( ) subsection (3B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.>

Section 30

Helen Eadie

36 In section 30, page 15, line 36, after <company,> insert—

<( ) a qualifying charity,>

Helen Eadie

37 In section 30, page 16, line 16, at end insert—

<( ) a qualifying charity is a charity which satisfies both of the following conditions––

(i) all the trustees are individuals residing in the area to which the agreement would relate,

(ii) the charity’s constitution specifies the provision of primary medical services in that area as a purpose of the charity.>

Helen Eadie

38 In section 30, page 16, line 17, leave out from <if> to end of line 19 and insert—

<(a) where all the other parties to the agreement (“the contractors”) fall within subsection (1)(a) to (e), if the Board is satisfied that the contractors have sufficient involvement in patient care,

(b) where the other party to the agreement is a qualifying charity, if the Board is satisfied that the charity satisfies the condition mentioned in subsection (3A) or intends that that condition will be satisfied within a prescribed period of the agreement being made.

(3A) The condition referred to in subsection (3)(b) is that at least one medical practitioner or other health service professional who, by virtue of the agreement in question, will regularly perform, or be engaged in the day to day provision of, primary medical services is a trustee of the charity.

(3B) Subsection (3)(a) does not apply in relation to a qualifying company which is also a qualifying charity.>

Helen Eadie

39 In section 30, page 16, line 33, leave out <subsection (4)> and insert <subsections (3A) and (4)>

Helen Eadie

40 In section 30, page 17, line 4, at end insert—

<( ) In relation to an agreement under section 17C under which primary medical services are to be provided which is entered into with a qualifying charity, regulations may make provision––

(a) for the agreement not to take effect until the condition mentioned in subsection (3A) is met,

(b) as to the consequences of that condition not being met within the prescribed period,

(c) as to the consequences of a medical practitioner or other health care professional ceasing to be a trustee of the charity.>

Section 31

Helen Eadie

41 In section 31, page 17, line 18, at end insert <, or

( ) a qualifying charity.>

Helen Eadie

42 In section 31, page 17, line 34, at end insert—

<( ) a qualifying charity is a charity which satisfies both of the following conditions––

(i) all the trustees are individuals residing in the area to which the agreement would relate,

(ii) the charity’s constitution specifies the provision of primary medical services in that area as a purpose of the charity.>

Helen Eadie

43 In section 31, page 17, line 35, leave out from <if> to end of line 36 and insert—

<(a) where the contractor falls within subsection (1)(a) to (d), if the Board is satisfied that the contractor has sufficient involvement in patient care,

(b) where the contractor is a qualifying charity, if the Board is satisfied that the charity satisfies the condition mentioned in subsection (3A) or intends that that condition will be satisfied within a prescribed period of the contract being entered into.

(3A) The condition referred to in subsection (3)(b) is that at least one medical practitioner or other health service professional prescribed under subsection (1)(ab) who, by virtue of the agreement in question, will regularly perform, or be engaged in the day to day provision of, primary medical services is a trustee of the charity.

(3B) Subsection (3)(a) does not apply in relation to a qualifying company which is also a qualifying charity.>

Helen Eadie

44 In section 31, page 18, line 11, leave out <subsection (4)> and insert <subsections (3A) and (4)>

Helen Eadie

45 In section 31, page 18, line 24, at end insert—

<( ) In relation to a general medical services contract under which primary medical services are to be provided which is entered into with a qualifying charity, regulations may make provision––

(a) for the contract not to take effect until the condition mentioned in subsection (3A) is met,

(b) as to the consequences of that condition not being met within the prescribed period,

(c) as to the consequences of a medical practitioner or other health care professional prescribed under subsection (1)(ab) ceasing to be a trustee of the charity.>

Section 35

Jackie Baillie

46 In section 35, page 19, line 24, at end insert—

<( ) But no order bringing sections 28 to 31 and Part 2 of schedule 2 into force may be made while the European Commission is considering in any way the compatibility of those provisions with Community law.>

Schedule 2

Mary Scanlon

47 In schedule 2, page 23, line 15, leave out paragraph 3

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

Bill Butler MSP: Proposed Damages (Scotland) Bill - Proposal for a Bill in relation to rights to damages in respect of personal injuries and death and for connected purposes (lodged 13 January 2010).

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

Supported by: Duncan McNeil, Des McNulty, Patricia Ferguson, Cathie Craigie, Hugh Henry, Richard Baker, Cathy Jamieson, Paul Martin, David Stewart, Malcolm Chisholm; Jackie Baillie

Patricia Ferguson: Proposed Property Factors (Scotland) Bill - Proposal for a Bill to create a system of registration for property factors, to provide for dispute resolution between homeowners and property factors and to make consequential amendments to the law on real burdens and the Tenements (Scotland) Act 2004 (lodged 21 January 2010).

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

Supported by: Mary Mulligan*, Cathy Jamieson*, Pauline McNeill*, Margaret Curran*, Paul Martin*, Michael McMahon*, Richard Baker*, David Stewart*, James Kelly*, Des McNulty*, Duncan McNeil*, Hugh Henry*, Elaine Smith*, Marlyn Glen*, Rhoda Grant*, Claire Baker*, Patrick Harvie*, Bill Butler*, Helen Eadie*, Malcolm Chisholm*

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