Back to the Scottish Parliament Business Bulletin No. 57/2010: Tuesday 6 April 2010
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Section G – Bills

New amendments to Bills lodged on 25 March 2010

Criminal Justice and Licensing (Scotland) Bill – Stage 2

After section 31

Robert Brown

402A As an amendment to amendment 402, line 21, after <crime,> insert—

<( ) was engaged in as part of lawful and reasonable public protest or industrial action,>

After section 37

Robert Brown

544 After section 37, insert—

<Breach of the peace

Breach of the peace: modification of common law offence

A person’s behaviour may constitute a breach of the peace—

(a) whether or not it is directed at anyone in particular, and

(b) whether it takes place in public or private,

and to the extent that any rule of law is to the contrary, it ceases to have effect.>

Section 59

Robert Brown

545 In section 59, page 72, leave out lines 25 to 36 and insert <the date on which the relevant offence mentioned in subsection (3), (4) or, as the case may be, (5) was committed; or

(b) such later date as an order under section 18C(1) may specify.

( ) For the purposes of subsection (8)(a)—

(a) if two or more relevant offences were committed on different dates, it is the most recent of those offences that is to be taken as the offence constituting the ground of referral; and

(b) if a relevant offence was committed on more than one date, the date on which the offence was committed is to be taken as the most recent of those dates.>

Robert Brown

546 In section 59, page 73, line 7, leave out from <there> to end of line 8 and insert <at least one ground for doing so, specified by virtue of subsection (1A), is established, make an order amending (or further amending) the destruction date.

<(1A) The Scottish Ministers must, by regulations made by statutory instrument, specify the grounds on which an order under subsection (1) may be made.

(1B) Before making regulations under subsection (1A), the Scottish Ministers must consult such persons as they consider appropriate.

(1C) A statutory instrument containing regulations under subsection (1A) is subject to annulment in pursuance of a resolution of the Scottish Parliament.>

New amendments to Bills lodged on 30 March 2010

Criminal Justice and Licensing (Scotland) Bill – Stage 2

After section 132

Bill Aitken

547 After section 132, insert—

<Premises licence: minor variations

(1) Section 29(6) of the 2005 Act (definition of minor variations to premises licence) is amended as follows.

(2) In paragraph (a), insert at the end "or if the variation relates only to parts of the premises to which the public does not have access".

(3) After paragraph (c) insert—

"(ca) any reduction in the capacity of the premises,

(cb) any change in the name by which the business carried on in the premises is to be known or under which it trades,

(cc) any variation of the layout plan or operating plan required by virtue of any enactment relating to planning, building control, food safety or fire safety,".>

After section 133

Bill Aitken

548 After section 133, insert—

<Consumption of alcohol on licensed premises outwith licensed hours

In section 63(2) of the 2005 Act (exceptions to offence of allowing sale, consumption etc. of alcohol outwith licensed hours), after paragraph (f) insert—

"(g) allow alcohol to be consumed on licensed premises at any time within 45 minutes of the end of any period of licensed hours by—

(i) the premises licence holder,

(ii) the premises manager, or

(iii) any person aged 18 or over who, at the end of that period of licensed hours, was working on the premises.".>

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

Kenneth Gibson: Protecting Scotland’s Regional Parks Bill - Final proposal for a Bill to restrict industrial development within Scotland’s regional parks (lodged 4 March 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: Bill Wilson; Willie Coffey; Christine Grahame; Angela Constance; Alasdair Allan; John Wilson; Aileen Campbell; Jamie Hepburn; Gil Paterson; Anne McLaughlin; Ian McKee; Christina McKelvie; Michael Matheson; Stewart Maxwell; Shirley-Anne Somerville; Rob Gibson; Linda Fabiani; Bill Kidd; David McLetchie; John Scott; Stuart McMillan*

Rhoda Grant: Proposed Civil Protection Orders and Access to Justice (Scotland) Bill— Final Proposal for a Bill to improve access to justice and available remedies for victims of domestic abuse (lodged 11 March 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: Richard Baker; Elaine Smith; Andy Kerr; James Kelly; Elaine Murray; Malcolm Chisholm; David Stewart; Marlyn Glen; Ted Brocklebank; Helen Eadie; Pauline McNeill; David Whitton; Johann Lamont; Cathy Jamieson; Jack McConnell; Patricia Ferguson; Lewis Macdonald; Michael McMahon; Cathy Peattie; Robin Harper; John Wilson; Jamie McGrigor; Sandra White; Sarah Boyack; Tom McCabe; John Park; Peter Peacock; Hugh Henry; Mary Mulligan; Trish Godman; Jackie Baillie; Karen Gillon; Robin Harper; Marilyn Livingstone*

Dr Richard Simpson MSP: Proposed Limit on Trans Fats (Scotland) Bill - Proposal for a Bill to prohibit the sale in Scotland of foodstuff for human consumption with a trans fat content exceeding 1% (lodged 12 March 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: Rhona Brankin; Karen Gillon; Michael McMahon; James Kelly; Peter Peacock; Richard Baker; Charlie Gordon; Johann Lamont; Trish Godman; Paul Martin; Rhoda Grant; Mary Mulligan; David Stewart; Elaine Murray; Cathie Craigie; Helen Eadie; Jackie Baillie; John Park; Lewis Macdonald; Des McNulty; Iain Gray; Bill Butler; Wendy Alexander; Frank McAveety; Marlyn Glen; Robin Harper; Tom McCabe; Hugh Henry; Karen Whitefield; Patricia Ferguson; Ken Macintosh; Irene Oldfather; Cathy Peattie*

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