Back to the Scottish Parliament Business Bulletin No. 20/2010: Monday 1 February 2010
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

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

Section G – Bills

Objections to Hybrid Bills

The following have lodged objections to the Forth Crossing Bill under Rule 9C.7:

1.

AC and JM Douglas

2.

Mark Miles

3.

Margaret R Arbuckle

4.

Helen Milne

5.

Adrian Griffiths

6.

Colin Flint

7.

Sean Frost

8.

Gary McLennan

9.

Prem (Rooster) II LLP

10.

Scottish Badgers

11.

David Arthur

12.

James R Faulds

13.

Newton Residents

14.

Dundas Home Farm Residents

15.

Mr and Mrs A Richardson

16.

Jeanette Harper

17.

Mr and Mrs J Campbell

18.

A M Cockerill

19.

Brian McRobbie

20.

Mr and Mrs M Mcluskey

21.

Mr and Mrs J Allan

22.

Kirklands Park Crescent/Gardens Objection Group

23.

Dundas Parks Golf Club

24.

L to L Driving Training

25.

Linlithgow Cycling Action Group

26.

Society Road Residents

27.

D Robertson and P Mclean

28.

Graham Hunter

29

Patullo

30.

Dundas Castle Farms

31.

Desmond Coyne

32.

L Scott and I Meldrum

33.

Clufflat and Clufflat Brae Residents

34.

Seymour and Johnstone

35.

Springfield Residents Group

36.

Scotstoun Park Residents Association

37.

Scotstoun Park Listed Residents

38.

John Carson

39.

Babcock International Group

40.

Linn Mill Residents Association

41.

Gerald Stevens

42.

Michael Baynham

43.

Ramsay MacDonald

44.

D Tait and L Chapman

45.

P Henderson

46.

Echline Corner Consultative Alliance

47.

Hopetoun Estate and Trust

48.

Tom Minogue

49.

Kirkliston Community Council

50.

First Tower Trustees

51.

John G Dudgeon and Sons (Farmers)

52.

Alfred Stewart Properties Ltd

53.

Franks, Bruce and Peirotti

54.

Caroline Maclachlan

55.

Kirkliston Primary School Association

56.

J and D Wood

57.

Sean Sinclair

58.

Ian Dalzel Job

59.

Norman Watson

60.

Rylance

61.

John Roan

62.

John Scott Burns

63.

T. Mackay

64.

Ian and Moira Laing

65.

Queensferry and District Community Council

66.

Queensferry Business Association

67.

Dr Juliette Summers

68.

Forth Bridges Business Park Developments Ltd

69.

Mary Mulligan MSP

70.

Deep Sea World

71.

Newton Community Council

72.

Scarborough Muir Group

73.

J B Collier

74.

Margaret Smith MSP

75.

Cramond and Barnton Community Council

76.

Dundas Castle Estate

77.

Robert and Dorothy Wardrop

78.

Christopher Staples

79.

Lothians View and Castlandhill Objection Group

80.

Network Rail

81.

Clufflat Brae and Clufflat

82.

Ken and Christine Kirkcaldy

83.

City of Edinburgh Council

84.

West Lothian Council

85.

Edinburgh Airport Ltd

86.

LXB Properties (Winchburgh) Ltd and others

87.

Lord Rosebery

88.

RSPB Scotland

New amendments to Bills lodged on 29 January 2010

Marine (Scotland) Bill – Stage 3

Section 2A

Peter Peacock

In substitution for amendment 1—

101 Leave out section 2A and insert—

<Sustainable development and protection and enhancement of the health of the Scottish marine area

In exercising any function that affects the Scottish marine area under this Act—

(a) the Scottish Ministers, and

(b) public authorities

must act in the way best calculated to further the achievement of sustainable development, including the protection and, where appropriate, enhancement of the health of that area, so far as is consistent with the proper exercise of that function.>

Section 3

Elaine Murray

102 In section 3, page 2, line 15, at end insert—

<( ) states the Scottish Ministers’ policies on the contribution of Nature Conservation MPAs (namely areas designated as such by order under section 58(1)(a)), and sites falling within section 68A(4), to the protection and enhancement of the area to which the plan applies,>

Liam McArthur

103 In section 3, page 2, line 18, leave out subsection (3) and insert—

<( ) For the purposes of preparing a national marine plan or (as the case may be) a regional marine plan, the Scottish Ministers must—

(a) set—

(i) economic, social and marine ecosystem objectives,

(ii) objectives relating to the mitigation of, and adaptation to, climate change,

(b) prepare an assessment of the condition of the Scottish marine area or, as the case may be, Scottish marine region at the time of the plan’s preparation, and

(c) prepare a summary of significant pressures and the impact of human activity on the area or region.>

Section 8

Robin Harper

104 In section 8, page 5, line 22, at end insert—

<( ) Where the Scottish Ministers designate delegable functions under subsection (1) to a group of persons, they must ensure that the group comprises—

(a) so far as reasonably practicable, representatives of persons with an interest in—

(i) the protection and enhancement of the relevant Scottish marine region,

(ii) the use of that region for recreational purposes,

(iii) the use of that region for commercial purposes, and

(b) any other persons that the Scottish Ministers consider appropriate.>

Robin Harper

105 In section 8, page 5, line 28, at end insert—

<( ) Where the Scottish Ministers designate delegable functions under subsection (1) to a public authority, the direction must include—

(a) a statement of reasons setting out the grounds for designating the authority in preference to a group of persons,

(b) a requirement for that authority to consult on the exercise of its functions in relation to the relevant Scottish marine region with—

(i) representatives of persons with an interest in—

(A) the protection and enhancement of the relevant Scottish marine region,

(B) the use of that region for recreational purposes,

(C) the use of that region for commercial purposes, and

(ii) any other persons that the Scottish Ministers consider appropriate,

(c) a requirement for that authority to have regard to any representations made under paragraph (b).>

After section 8

Robin Harper

106 After section 8, insert—

<Directions under section 8: laying a draft before the Parliament

(1) The Scottish Ministers must not give a direction under section 8 unless they have complied with the requirements of this section.

(2) The Scottish Ministers must—

(a) lay before the Parliament a copy of the draft direction, and

(b) specify the period (“the representation period”) during which representations on the draft direction may be made to them.

(3) The representation period must be at least 40 days, leaving out of account any period during which the Parliament is dissolved or in recess for more than 4 days.

(4) The Scottish Ministers must, before giving the direction under section 8, have regard to—

(a) any representations on the proposed regulations made to them,

(b) any resolution relating to those regulations passed by the Parliament, and

(c) any report relating to those regulations published by any committee of the Parliament for the time being appointed by virtue of standing orders,

before the expiry of the representation period.>

Section 17

Karen Gillon

107 In section 17, page 11, line 20, at end insert—

<( ) nothing therein is to be taken to apply to fishing by any method.>

Kenneth Gibson

108 In section 17, page 11, leave out line 27

Section 17A

Karen Gillon

109 In section 17A, page 11, line 34, at end insert—

<( ) The Scottish Ministers, if satisfied that a prospective applicant is applying for a marine licence in respect of a marine licensable activity—

(a) which—

(i) is an activity which has previously been carried on at the site to which the application relates (or at a similar site), or

(ii) is similar to such an activity, and

(b) for which a licence has previously been granted,

may determine that section 17B does not apply to the application.>

Section 20

Karen Gillon

110 In section 20, page 14, line 34, at end insert—

<( ) must determine each licence application in consultation with their statutory consultees,>

Section 23

Karen Gillon

111 In section 23, page 17, line 9, at end insert—

<( ) On an application made by a licensee, the Scottish Ministers may vary a licence if satisfied that the variation being applied for is not material.>

Section 24

Kenneth Gibson

112 In section 24, page 17, leave out line 29

Section 27

Elaine Murray

113 In section 27, page 19, line 19, at end insert—

<(1D) Where the Scottish Ministers make provision as is mentioned in subsection (1C)(b), they must (without prejudice to subsection (1C)(c)), by order, make provision of the kind mentioned in subsection (1E).

(1E) That provision is provision determining that the relevant planning authority, for the purposes of paragraph 2 of schedule 8 to the Electricity Act is to be—

(a) each local authority whose area is adjacent to any part of the Scottish marine area where the generating station (or any part of it) is, or is proposed to be, situated, and

(b) each National Park authority which is, by virtue of a designation order under section 6 of the National Parks (Scotland) Act 2000 (asp 10), the planning authority for any such area.>

Section 63

Karen Gillon

114 In section 63, page 40, line 14, at end insert—

<( ) In considering whether to designate an area as a Historic MPA, the Scottish Ministers may have regard to any social or economic consequences of designation.>

Section 67

Robin Harper

In substitution for amendment 58—

115 In section 67, page 41, line 33, at end insert <(but any order that specifies a period in excess of 6 months must be reviewed by the Scottish Ministers after 6 months has elapsed to assess whether it is still required).>

Section 79

Karen Gillon

116 In section 79, page 52, line 16, at end insert—

<(A1) The Scottish Ministers must, before deciding to—

(a) make a marine conservation order,

(b) amend a marine conservation order,

give any person mentioned in subsection (A2) the opportunity of making further representations to the Scottish Ministers or, at a hearing, to any person appointed by them for that purpose.

(A2) That person is a person—

(a) who made representations under section 76, and

(b) whose representations demonstrate that their economic position could be materially disadvantaged as a result of any decision mentioned in subsection (A1).

(A3) Subsection (A1) does not apply where the order mentioned in paragraph (a) of that subsection is an urgent marine conservation order made in accordance with section 77.>

Karen Gillon

117 In section 79, page 52, line 25, after <subsection> insert <(A1) or>

Section 85

Kenneth Gibson

118 In section 85, page 55, line 25, leave out subsections (2) and (2A)

After section 94

Robin Harper

119 After section 94, insert—

<Part

CETACEANS

Cetacean sanctuary

(1) The Scottish marine area is designated as a cetacean sanctuary.

(2) The Scottish Ministers must prepare and, from time to time, update a plan to further the conservation of cetaceans in the sanctuary.

(3) The Scottish Ministers must—

(a) publish the plan, and each update of the plan, in such manner as they think fit, and

(b) lay a copy of the plan, and each update of the plan, before the Parliament.>

Section 98

Robin Harper

120 In section 98, page 62, line 25, at end insert—

<( ) No person may kill or take any seal under a seal licence during the period when females of the species are likely to be in an advanced stage of pregnancy or to have dependent pups.

( ) For the purposes of subsection (1A), the period is—

(a) for grey seals (that is to say seals of the species Halichoerus grypus) from 1 September to 31 December inclusive,

(b) for common seals (that is to say seals of the species Phoca vitulina) from 1 June to 31 August inclusive.>

Robin Harper

121 In section 98, page 62, line 25, at end insert—

<(2) The Scottish Ministers may not grant a licence authorising the killing or taking of seals to the owner or operator of any fish farm or other fishery installation unless they are satisfied that no part of the farm or installation is adjacent to a site important to seals.

(3) In coming to a view as to whether—

(a) a site is important to seals,

(b) a farm or fishery is adjacent to such a site,

the Scottish Ministers must (without prejudice to section 103(1)) consult the Natural Environment Research Council.

(4) Subsection (2)—

(a) may only come into force—

(i) following the making of an order under section (Offence: harassment at haul-out sites),

(ii) after 31 December 2011,

(whichever is the latest), and

(b) does not apply in relation to any farm or installation in place prior to the commencement of that subsection.>

After section 100

Elaine Murray

122 After section 100, insert—

<Exemption from licence condition: period during which seals may be killed or taken

Where a seal licence includes a condition specifying a period during which seals may not be killed or taken, the Scottish Ministers may, on an application of the licensee, authorise the killing or taking of seals in that period but only if they are satisfied that there is no satisfactory alternative way of achieving the purpose for which the licence is granted.>

After section 141B

Karen Gillon

89A As an amendment to amendment 89, leave out line 7

Karen Gillon

89B As an amendment to amendment 89, leave out lines 11 and 12

Liam McArthur

89C As an amendment to amendment 89, line 18, at end insert—

<( ) In section 3 of the 1967 Act (effect of grant of right of regulating a fishery), after subsection (5) insert—

“(6) It is a defence for a person charged with an offence under subsection (5) to show that the person—

(a) did not know, and

(b) had no reason to suspect,

that the boat would be used in the commission of an offence under subsection (3).”.>

Liam McArthur

89D As an amendment to amendment 89, line 20, at end insert—

<( ) The modifications to the 1967 Act made by section 214 (power to appoint inspector before making orders as to fisheries for shellfish) of the 2009 Act, other than those made by subsection (2)(b), extend to Scotland.

( ) In paragraph 4(2) of Schedule 1 to the 1967 Act (provisions with respect to making orders as to fisheries for shellfish), for “The appropriate Minister shall” substitute “The Scottish Ministers may, and in the case of receiving an objection raising a material concern under paragraph 3 above, must”>

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; James Kelly; Peter Peacock; Charlie Gordon; Andy Kerr; Marilyn Livingstone; Rt Hon Jack McConnell

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

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