Back to the Scottish Parliament Business Bulletin No. 28/2010: Thursday 11 February 2010
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Section G – Bills

New amendments to Bills lodged on 10 February 2010

Criminal Justice and Licensing (Scotland) Bill – Stage 2

After section 24

Richard Baker

10 After section 24, insert—

<Minimum sentence for having in a public place an article with a blade or point

(1) In section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (offence of having in a public place an article with a blade or point), after subsection (5) insert—

"(5A) Subsection (5B) applies where—

(a) a person is convicted of an offence under subsection (1),

(b) the offence was committed after the commencement of this subsection, and

(c) when the offence was committed, the person was aged 16 or over.

(5B) Where this subsection applies, the court must impose a sentence of imprisonment of at least 6 months (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify not doing so.".

(2) In section 207(3A) of the 1995 Act (detention of young offenders: minimum sentences), after paragraph (a) insert—

"(aa) section 49(5B) of the Criminal Law (Consolidation) (Scotland) Act 1995 (minimum sentence for having in a public place an article with a blade or point);".>

Johann Lamont

11 After section 24, insert—

<Offence of having article with blade or point (or offensive weapon) on workplace premises

(1) The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) is amended as follows.

(2) After section 49A, insert—

"49AA Offence of having article with blade or point (or offensive weapon) on workplace premises

(1) Any person who has an article to which section 49 of this Act applies with him on workplace premises is guilty of an offence.

(2) Any person who has an offensive weapon within the meaning of section 47 of this Act with him on workplace premises is guilty of an offence.

(3) It is a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.

(4) Without prejudice to the generality of subsection (3) above, it is a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—

(a) for use at work (whether on the premises in question or otherwise),

(b) for religious reasons, or

(c) as part of any national costume.

(5) A person guilty of an offence—

(a) under subsection (1) above is liable—

(i) on summary conviction to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both;

(b) under subsection (2) above is liable—

(i) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.

(6) In this section and section 49B of this Act, "workplace premises" means any premises (other than school premises) used for the purposes of an undertaking carried on by an employer and made available to any employee of the employer as a place of work; and includes—

(a) any part of those premises to which such an employee has access while at work;

(b) any premises (other than a public road or other public place within the meaning of section 49 of this Act)—

(i) which are a means of access to or egress from the place of work; or

(ii) where facilities are provided for use in connection with the place of work.".

(3) In section 49B(1)—

(a) after "school premises" insert "or workplace premises";

(b) after "49A" insert "or 49AA".

(4) In section 50(3), for "or section 49A(1) or (2)" substitute ", 49A(1) or (2) or 49AA(1) or (2)".>

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; Cathy Peattie; Jackie Baillie; Elaine Smith; Marlyn Glen; Patrick Harvie; Robin Harper; Robert Brown*; Stuart McMillan*; Bill Wilson*; Bill Kidd*; Christina McKelvie*; John Wilson*

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; John Park; Cathy Peattie; Ken Macintosh; Tom McCabe; Jackie Baillie

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