Back to the Scottish Parliament Business Bulletin No. 127/2010: Thursday 9 September 2010
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Section G – Bills

New amendments to Bills lodged on 8 September 2010

Alcohol etc. (Scotland) Bill – Stage 2

Section 1

Nicola Sturgeon

2 In section 1, page 1, line 22, leave out <such> and insert <45 pence or such other>

Nicola Sturgeon

3 In section 1, page 1, line 23, at end insert—

<(4A) Sub-paragraph (4B) applies to alcohol which is, or is supplied from, a prepacked alcoholic drink to which regulation 30 of the Food Labelling Regulations 1996 (S.I. 1996/1499) applies.

(4B) For the purposes of sub-paragraph (3), the strength of the alcohol is taken to be the alcoholic strength by volume of the drink as indicated in accordance with that regulation by the label or mark on the drink.>

Nicola Sturgeon

4 In section 1, page 2, line 11, leave out <such> and insert <45 pence or such other>

Nicola Sturgeon

5 In section 1, page 2, line 12, at end insert—

<(4A) Sub-paragraph (4B) applies to alcohol which is, or is supplied from, a prepacked alcoholic drink to which regulation 30 of the Food Labelling Regulations 1996 (S.I. 1996/1499) applies.

(4B) For the purposes of sub-paragraph (3), the strength of the alcohol is taken to be the alcoholic strength by volume of the drink as indicated in accordance with that regulation by the label or mark on the drink.>

After section 1

Nicola Sturgeon

6 After section 1, insert—

<Section 1: duration of amendments

(1) The amendments made by section 1 expire at the end of the 6 year period, unless an order is made under subsection (2).

(2) The Scottish Ministers may, after the end of the 5 year period but before the end of the 6 year period, by order made by statutory instrument provide that the amendments are to continue in effect despite subsection (1).

(3) The Scottish Ministers may by order made by statutory instrument make such provision (including provision modifying any enactment) as may be necessary or expedient in consequence of the expiry of the amendments by virtue of subsection (1).

(4) An order under subsection (2) or (3) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.

(5) In this section—

"the 5 year period" means the period of 5 years beginning with the day on which section 1 comes fully into force, and

"the 6 year period" means the period of 6 years beginning with that day.>

Nicola Sturgeon

7 After section 1, insert—

<Section 1: report on operation and effect of amendments

(1) The Scottish Ministers must, as soon as practicable after the end of the 5 year period, lay before the Scottish Parliament a report on the operation and effect of the amendments made by section 1 during that period.

(2) The report must, in particular, contain information about the effect that the operation of the amendments has had on—

(a) the licensing objectives specified in section 4 of the 2005 Act, and

(b) the businesses of—

(i) holders of premises licences granted under the 2005 Act, and

(ii) producers of alcohol.

(3) In preparing the report, the Scottish Ministers must consult—

(a) such person or persons as appear to them to be representative of the interests of—

(i) holders of premises licences granted under the 2005 Act,

(ii) producers of alcohol,

(b) such persons having functions in relation to—

(i) health,

(ii) education,

(iii) social work,

(iv) children and young people,

as they consider appropriate, and

(c) such other persons (if any) as they consider appropriate.

(4) The Scottish Ministers must, as soon as practicable after the report has been laid before the Parliament, publish the report in such manner as they consider appropriate.

(5) In this section, "the 5 year period" has the meaning given in section (Section 1: duration of amendments)(5).>

After section 2

Nicola Sturgeon

8 After section 2, insert—

<Off-sales: variation of pricing of alcoholic drinks

(1) The 2005 Act is amended as follows.

(2) In paragraph 7 of schedule 3 (pricing of alcohol: premises licences), after "premises" in both places it occurs insert "for consumption on the premises".

(3) After that paragraph insert—

"7A Where the price at which any alcohol sold on the premises for consumption off the premises is varied—

(a) the variation (referred to in this paragraph as "the earlier price variation") may be brought into effect only at the beginning of a period of licensed hours, and

(b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.".

(4) In paragraph 6 of schedule 4 (pricing of alcohol: occasional licences), after "premises" in both places it occurs insert "for consumption on the premises".

(5) After that paragraph insert—

"6A Where the price at which any alcohol sold on the premises for consumption off the premises is varied—

(a) the variation (referred to in this paragraph as "the earlier price variation") may be brought into effect only at the beginning of a period of licensed hours, and

(b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.".>

Section 4

Nicola Sturgeon

9 In section 4, page 3, line 17, at end insert—

<"( ) Sub-paragraphs (1A) to (1C) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises.>

Nicola Sturgeon

10 In section 4, page 3, line 24, after <promotion> insert <in connection with the premises>

Nicola Sturgeon

11 In section 4, page 3, line 24, at end insert—

<(1C) For the purposes of sub-paragraph (1B), the "vicinity" means the area extending 200 metres from the boundary of the premises (as shown on the layout plan).>

Nicola Sturgeon

12 In section 4, page 3, line 27, leave out <or>

Nicola Sturgeon

13 In section 4, page 3, line 28, leave out <product".> and insert <product, or

(d) a newspaper, magazine or other publication.".>

Nicola Sturgeon

14 In section 4, page 3, line 28, at end insert—

<( ) after sub-paragraph (2) insert—

"(2A) Sub-paragraph (2) is without prejudice to sub-paragraph (1A).".>

Nicola Sturgeon

15 In section 4, page 4, line 4, leave out <product).".> and insert <product, or

(b) a newspaper, magazine or other publication.".>

Section 5

Nicola Sturgeon

16 In section 5, page 4, line 15, leave out <21> and insert <25>

Nicola Sturgeon

17 In section 5, page 4, line 26, leave out <21> and insert <25>

Section 7

Nicola Sturgeon

18 In section 7, page 4, line 37, leave out from <Section> to <In> in line 38 and insert <The 2005 Act is amended as follows.

( ) In section 60 (conditions of occasional licence)—

(a) in>

Nicola Sturgeon

19 In section 7, page 4, line 39, leave out from <condition".> to <In> in line 1 on page 5 and insert <condition", and

(b) in>

Nicola Sturgeon

20 In section 7, page 5, line 1, at end insert—

<( ) In section 146 (orders and regulations)—

(a) in subsection (4)(b), before "or" insert ", 60(2)", and

(b) in subsection (5)(b), before "or" in the first place it occurs insert ", 60(2)".>

Section 8

Nicola Sturgeon

21 In section 8, page 5, line 37, leave out <and> and insert—

<( ) the relevant health board, and>

After section 9

Nicola Sturgeon

22 After section 9, insert—

<Consultation etc. of health boards

Consultation etc. of health boards

(1) The 2005 Act is amended as follows.

(2) In section 6 (statements of licensing policy)—

(a) in subsection (3)(b)—

(i) omit the word "and" following sub-paragraph (ii), and

(ii) after that sub-paragraph insert—

"(iia) the relevant health board, and",

(b) in subsection (5)—

(i) omit the word "or" following paragraph (a), and

(ii) after that paragraph insert—

"(aa) the relevant health board, or".

(3) In section 7(4) (overprovision), after paragraph (a) insert—

"(aa) the relevant health board,".

(4) In section 21(1) (notification of application), after paragraph (c) insert—

"(ca) the relevant health board,".

(5) In section 147(1) (interpretation), at the appropriate places insert—

""Health Board" means a board constituted by an order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c. 29);" and

""relevant health board", in relation to a Licensing Board, means—

(a) the Health Board for the Licensing Board’s area, or

(b) if the Licensing Board’s area forms part of the area of more than one Health Board, each such Health Board;".

(6) In section 148 (index of defined expressions), in the table, at the appropriate place insert—

""relevant health board" section 147(1)".

(7) In schedule 2 (local licensing forums), in paragraph 2, after sub-paragraph (3) insert—

"(3A) At least one of the members must be a person nominated by—

(a) the Health Board for the Forum’s area, or

(b) if the Forum’s area forms part of the area of more than one Health Board, the Health Board whose area contains the larger or, as the case may be, largest part of the Forum’s area.".>

Nicola Sturgeon

23 After section 9, insert—

<Occasional licences

Occasional licences: limits on numbers and duration of licences

(1) The 2005 Act is amended as follows.

(2) In section 56 (occasional licence), after subsection (6) insert—

"(6A) If the granting of an occasional licence application would result in the occasional licence limit being exceeded, the Board must refuse the application.

(6B) The "occasional licence limit" means—

(a) in the case of a voluntary organisation, a limit provided for in subsection (6),

(b) in any other case, such limit as may be prescribed.

(6C) Regulations under subsection (6B)(b) may, in particular—

(a) limit the number of occasional licences that may have effect in respect of—

(i) the same applicant, or

(ii) the same premises,

in any period of 12 months,

(b) limit the number of days on which occasional licences may have effect in respect of—

(i) the same applicant, or

(ii) the same premises,

in any period of 12 months,

(c) limit the number of continuous days on which occasional licences may have effect in respect of the same premises.".

(3) In section 59 (determination of application)—

(a) in subsection (2), at the end insert "unless the application must be refused under section 56(6A), 64(2) or 65(3).", and

(b) in subsection (6), in paragraph (b), after "section" insert "56(6A),".>

Section 10

Nicola Sturgeon

24 In section 10, page 8, line 20, leave out from second <objectives> to end of line and insert <following objectives—

(a) preventing crime and disorder,

(b) securing public safety,

(c) preventing public nuisance,

(d) protecting and improving public health, and

(e) protecting children from harm.>

Nicola Sturgeon

25 In section 10, page 8, leave out lines 21 to 23

Section 11

Nicola Sturgeon

26 In section 11, page 8, line 31, at end insert—

<( ) Before laying a draft statutory instrument containing regulations under section 10(1) before the Parliament, the Scottish Ministers must consult—

(a) such body or bodies as appear to them to be representative of the interests of—

(i) Licensing Boards,

(ii) local authorities, and

(iii) relevant licence-holders (as defined in section 10(2)), and

(b) such other persons (if any) as they think appropriate.>

Children’s Hearings (Scotland) Bill – Stage 2

Schedule 1

Adam Ingram

1 In schedule 1, page 88, leave out line 10

Adam Ingram

2 In schedule 1, page 90, line 4, leave out <and paragraph 1(2) to (6) of schedule 2>

Adam Ingram

3 In schedule 1, page 91, line 2, leave out from <(other> to end of line 3

Adam Ingram

4 In schedule 1, page 91, line 11, leave out <(other than an area support team)>

Section 6

Adam Ingram

5 In section 6, page 2, line 7, at end insert—

<( ) This section applies where a children’s hearing requires to be arranged by virtue of, or for the purposes of, this Act or any other enactment.>

Adam Ingram

6 In section 6, page 2, line 8, leave out <a> and insert <the>

Adam Ingram

7 In section 6, page 2, line 9, leave out <a> and insert <the>

Adam Ingram

8 In section 6, page 2, line 14, leave out <a> and insert <the>

Section 8

Adam Ingram

9 Move section 8 to before section 17

Section 9

Adam Ingram

10 In section 9, page 2, line 31, at end insert—

<( ) In this section, "children’s hearing" includes pre-hearing panel.>

Section 17

Adam Ingram

11 In section 17, page 4, line 7, leave out <or>

Section 21

Adam Ingram

12 In section 21, page 4, line 34, after <SCRA> insert <or any other person>

Adam Ingram

13 In section 21, page 4, line 34, leave out <the carrying out of> and insert <carrying out the>

Adam Ingram

14 In section 21, page 4, line 36, at end insert—

<( ) This section is subject to section 17(1)(e).>

Schedule 4

Adam Ingram

15 In schedule 4, page 102, leave out line 36

Section 24

Adam Ingram

16 In section 24, page 5, line 15, leave out <or a> and insert <, pre-hearing panel or>

Adam Ingram

17 In section 24, page 5, line 17, after <hearing> insert <, pre-hearing panel>

Section 26

Adam Ingram

18 In section 26, page 5, line 33, leave out first <a> and insert <the>

Adam Ingram

19 In section 26, page 5, line 35, after <or> insert <the>

Adam Ingram

20 In section 26, page 5, line 35, leave out <is reasonably>

Section 29

Adam Ingram

21 In section 29, page 7, line 2, leave out from <safeguarder> to end of line 3 and insert <person to safeguard the interests of the child to whom the children’s hearing relates ( a "safeguarder").>

Section 30

Adam Ingram

22 In section 30, page 7, line 13, leave out subsection (1) and insert—

<(1) The Scottish Ministers must establish and maintain a panel of persons (to be known as "the Safeguarders Panel") from which any appointment under this Act of a safeguarder is to be made.>

Adam Ingram

23 In section 30, page 7, line 18, leave out <Safeguarders Panels> and insert <the Safeguarders Panel>

Adam Ingram

24 In section 30, page 7, line 19, leave out <Safeguarders Panels> and insert <the Safeguarders Panel>

Adam Ingram

25 In section 30, page 7, line 20, leave out <Safeguarders Panels> and insert <the Safeguarders Panel>

Adam Ingram

26 In section 30, page 7, line 21, leave out <Safeguarders Panels> and insert <the Safeguarders Panel>

Adam Ingram

27 In section 30, page 7, line 22, leave out <local authorities> and insert <the Scottish Ministers>

Adam Ingram

28 In section 30, page 7, line 23, leave out <Safeguarders Panels> and insert <the Safeguarders Panel>

Adam Ingram

29 In section 30, page 7, line 24, leave out <Safeguarders Panels> and insert <the Safeguarders Panel>

Adam Ingram

30 In section 30, page 7, line 25, at end insert—

<( ) For the purpose of complying with the requirements imposed by subsection (1) and regulations under subsection (2), the Scottish Ministers may enter into arrangements (contractual or otherwise) with any person other than CHS or SCRA.>

Adam Ingram

31 In section 30, page 7, line 26, leave out subsections (3) and (4)

Section 31

Adam Ingram

32 In section 31, page 7, line 35, leave out <with the child>

Section 32

Adam Ingram

33 In section 32, page 8, line 4, leave out <Subsection (2)> and insert <This section>

Adam Ingram

34 In section 32, page 8, line 6, leave out subsection (2) and insert—

<(2) If the safeguarder does not appeal against a relevant decision, the appointment ceases on the expiry of the time allowed to appeal against the decision.

(3) A relevant decision is—

(a) a decision of a children’s hearing to discharge the referral of the child,

(b) a determination by the sheriff under section 112 or 116 which results in the discharge of the child’s referral to a children’s hearing,

(c) a decision to make, vary, continue or terminate a compulsory supervision order in respect of the child,

(d) a decision of the sheriff in an appeal under section 148(1),

(e) a decision of the sheriff principal in an appeal under section 157(1).

(4) If the safeguarder appeals to the Court of Session under section 157(1) or (2), the appointment ceases on the giving of the decision in the appeal.>

Section 33

Adam Ingram

35 In section 33, page 8, line 27, after <out> insert <(subject to section 177)>

Section 34

Adam Ingram

36 In section 34, page 9, line 12, after <been> insert <or>

Section 35

Adam Ingram

37 In section 35, page 9, line 28, after <out> insert <(subject to section 177)>

Section 38

Adam Ingram

38 In section 38, page 11, line 5, leave out <disclosure> and insert <non-disclosure>

Adam Ingram

39 In section 38, page 11, line 7, leave out <disclosure> and insert <non-disclosure>

Adam Ingram

40 In section 38, page 11, line 12, leave out <disclosure> and insert <non-disclosure>

Section 41

Adam Ingram

41 In section 41, page 12, line 22, at end insert—

<( ) Where the Principal Reporter receives notice under subsection (1)(e), the Principal Reporter must give notice of the making of the order to any person (other than a relevant person in relation to the child) who the Principal Reporter considers to have (or to recently have had) a significant involvement in the upbringing of the child.>

Section 45

Adam Ingram

42 In section 45, page 13, line 18, leave out <disclosure> and insert <non-disclosure>

Section 46

Adam Ingram

43 In section 46, page 13, line 31, at end insert—

<( ) a person not falling within paragraph (b) who has (or recently had) a significant involvement in the upbringing of the child,>

Section 47

Adam Ingram

44 In section 47, page 14, line 11, at end insert—

<( ) the person who applied for the child protection order (unless the person is the applicant),>

Section 49

Adam Ingram

45 In section 49, page 14, line 30, at end insert—

<( ) the applicant,>

Adam Ingram

46 In section 49, page 14, line 32, at end insert—

<( ) any person not falling within paragraph (b) who the sheriff considers to have (or to recently have had) a significant involvement in the upbringing of the child,>

Adam Ingram

47 In section 49, page 15, line 10, leave out <disclosure> and insert <non-disclosure>

Section 50

Adam Ingram

48 Leave out section 50 and insert—

<Automatic termination of order

(1) This section applies where a child protection order contains an authorisation of the type mentioned in section 35(2)(b).

(2) The order ceases to have effect at the end of the period of 24 hours beginning with the making of the order if the person specified in the order under section 35(2)(a) has not attempted to implement it within that period.

(3) The order ceases to have effect at the end of the period of 6 days beginning with the making of the order if the child to whom the order relates has not been removed to a place of safety within that period.>

Section 51

Adam Ingram

49 In section 51, page 15, line 26, at end insert—

<( ) If the Principal Reporter is satisfied that the conditions for including a relevant direction in a child protection order in respect of a child are no longer satisfied, the Principal Reporter may vary the child protection order so as to terminate the direction by giving notice to—

(a) the person specified in the order under section 35(2)(a) or,

(b) where there is no such person specified, the applicant for the order.

( ) A relevant direction is—

(a) an information non-disclosure direction,

(b) a contact direction,

(c) a parental responsibilities and rights direction.>

Adam Ingram

50 In section 51, page 15, line 27, after <terminate> insert <or vary>

Adam Ingram

51 In section 51, page 15, line 28, leave out <required by> and insert <arranged under>

Adam Ingram

52 In section 51, page 15, line 31, after <terminates> insert <or varies>

Section 52

Adam Ingram

53 In section 52, page 16, line 4, after <hearing,> insert—

<( ) where the order contains an authorisation of the type mentioned in section 35(2)(b), the end of the period of 8 working days beginning on the day the child was removed to a place of safety,>

Adam Ingram

54 In section 52, page 16, line 5, at beginning insert <where the order does not contain such an authorisation,>

Section 53

Adam Ingram

55 In section 53, page 16, line 19, leave out <any case> and insert <a case where the applicant for the order is a local authority or any other person>

Adam Ingram

56 In section 53, page 16, line 23, leave out from beginning to <practicable> in line 24 and insert <As soon as practicable after the making of the order, the applicant must>

Adam Ingram

57 In section 53, page 16, line 28, leave out <within 12 hours after it is made> and insert <at the end of the period of 12 hours beginning with the making of the order>

Adam Ingram

58 In section 53, page 16, line 35, leave out <when the order is made> and insert <with the making of the order>

Adam Ingram

59 In section 53, page 16, line 38, leave out subsection (6) and insert—

<(6) The Principal Reporter may, by giving notice to the applicant, terminate the order if—

(a) the Principal Reporter is satisfied that the conditions for the making of an order under this section are no longer satisfied, or

(b) the Principal Reporter is satisfied that it is no longer in the best interests of the child for the order to continue to have effect.>

Section 54

Adam Ingram

60 In section 54, page 17, line 10, leave out <If> and insert <As soon as practicable after>

Adam Ingram

61 In section 54, page 17, line 10, leave out <as soon as practicable>

Adam Ingram

62 In section 54, page 17, line 19, leave out subsections (5) and (6) and insert—

<(5) The Principal Reporter may, by giving notice to the constable, require the constable to release the child if—

(a) the Principal Reporter is satisfied that the conditions for placing the child in a place of safety under this section are no longer satisfied, or

(b) the Principal Reporter is satisfied that it is no longer in the best interests of the child to be kept in a place of safety.>

Before section 123

Adam Ingram

63 Before section 123 insert—

<Confirmation that child given opportunity to express views before hearing

(1) This section applies where a children’s hearing is held in relation to a child by virtue of this Act.

(2) The chairing member of the children’s hearing must ask the child whether the documents provided to the child by virtue of rules made under section 170 accurately reflect any views expressed by the child.

(3) The chairing member need not comply with subsection (2) if, taking account of the age and maturity of the child, the chairing member considers that it would not be appropriate to do so.>

Section 187

Adam Ingram

64 In section 187, page 83, line 33, leave out <30(1)> and insert <29(1)>

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