Back to the Scottish Parliament Business Bulletin No. 34/2010: Thursday 25 February 2010
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Section G – Bills

New amendments to Bills lodged on 24 February 2010

Criminal Justice and Licensing (Scotland) Bill – Stage 2

Section 17

Robert Brown

388 In section 17, page 31, line 7, at end insert—

<(4) The Scottish Ministers may not bring subsection (1), (2) or (3) into force until they have—

(a) prepared a report setting out—

(i) the reduction in the number of sentences of imprisonment or detention imposed annually that is expected as a result of bringing those subsections into force,

(ii) the increase in the number of community payback orders imposed annually that is expected as a result of bringing those subsections into force (by comparison with the number of such orders imposed annually that would be expected if those subsections were not brought into force),

(iii) the estimated annual cost implications of the changes referred to in sub-paragraphs (i) and (ii),

(iv) the additional funding, if any, that Ministers will provide to community justice authorities or local authorities to ensure that they have the capacity to support the requirements expected to be imposed by any additional community payback orders identified under sub-paragraph (ii).

(b) laid that report before the Scottish Parliament; and

(c) taken into account any views expressed on it by any committee of the Parliament the remit of which includes the criminal justice system.>

Section 38

Richard Baker

389 In section 38, page 53, line 26, at end insert—

<(5) The Scottish Ministers must, as soon as possible after the end of each of the reporting years, lay before the Scottish Parliament and publish a report on the disposal of cases ("relevant cases") involving children who, but for section 41A of the 1995 Act (as inserted by subsection (2)), could have been prosecuted.

(6) For the purposes of subsection (5), the "reporting years" are—

(a) the period of 12 months beginning with the day on which this section comes into force, and

(b) the periods of 12 months beginning with the first and second anniversaries of that day.

(7) A report under subsection (5) must, in particular—

(a) specify the number of relevant cases disposed of during the reporting year,

(b) set out how those cases were disposed of, the costs and other resources involved in those disposals, and what (if any) alternative disposals were considered, and

(c) state what (if any) consideration the Scottish Ministers have given during the year covered by the report to the merits of altering the range of disposals available in such cases.>

Robert Brown

390 In section 38, page 53, line 26, at end insert—

<( ) The Scottish Ministers may not bring subsections (1) to (4) into force until the Children’s Hearings (Scotland) Act 2010 (asp 00) is fully in force.>

Section 143

Robert Brown

391 In section 143, page 138, line 30, after <148(1)> insert <other than one bringing into force section 17(1), (2) or (3)>

Robert Brown

392 In section 143, page 138, line 35, at end insert <or

( ) an order under section 148(1) bringing into force section 17(1), (2) or (3),>

Section 148

Robert Brown

393 In section 148, page 139, line 19, after <sections> insert <17(4) and>

Public Services Reform (Scotland) Bill – Stage 2

After section 98

Derek Brownlee

231 After section 98, insert—



Public authorities: expenditure on public relations

(1) A public authority may not use its resources on public relations unless that use is directly related to the exercise of its functions.

(2) A "public authority"—

(a) includes any person whose functions comprise or include functions of a public nature, but

(b) does not include—

(i) the Scottish Parliament, or

(ii) a person, other than the Scottish Parliamentary Corporate Body, exercising functions in connection with proceedings in the Parliament.

(3) Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this section.

(4) The power conferred by subsection (3) to make regulations must be exercised by statutory instrument.

(5) The Scottish Ministers may not make regulations under subsection (3) unless a draft of the statutory instrument containing them has been laid before and approved by resolution of the Scottish Parliament.

(6) In subsection (1)—

(a) the reference to resources applies only to resources provided to a public authority for use (or which the authority is authorised to use) in relation to such of the authority’s functions as are of a public nature,

(b) the reference to use of resources on public relations means use of resources on—

(i) advertising,

(ii) engaging the services of external public relations consultants,

(iii) work undertaken by communications or other staff,

(iv) any other promotional activity, and

(c) the reference to functions is a reference to such of the public authority’s functions as are of a public nature.

(7) In this section, "use of resources" has the meaning given in section 1(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1).>

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 Wilson: Proposed Criminal Sentencing (Equity Fines) (Scotland) Bill - Proposal for a Bill to allow courts to impose equity fines on public companies found guilty of criminal offences (lodged 18 February 2010).

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

Supported by: Gil Paterson, Bob Doris, Sandra White, Christine Grahame, Rob Gibson, Kenneth Gibson, Willie Coffey, Stuart McMillan, Linda Fabiani, Maureen Watt

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