Back to the Scottish Parliament Business Bulletin No. 137/2010: Thursday 23 September 2010
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Section G – Bills

New amendments to Bills lodged on 22 September 2010

Children’s Hearings (Scotland) Bill – Stage 2

Section 80

Adam Ingram

222 In section 80, page 28, line 25, leave out <for the purposes of the children’s hearing>

Section 82

Adam Ingram

223 In section 82, page 29, line 21, at end insert—

<( ) The chairing member need not comply with the requirement in subsection (2) if the chairing member considers that the person would not be capable of understanding the question.>

Adam Ingram

224 Move section 82 to before section 123

Section 84

Adam Ingram

225 In section 84, page 30, line 5, leave out from second <the> to <67(2)> in line 6 and insert <a children’s hearing arranged by virtue of section 67(2) or (Child fails to attend grounds hearing)(2)>

Adam Ingram

226 In section 84, page 30, line 7, leave out <present at the grounds hearing>

Adam Ingram

227 In section 84, page 30, line 8, leave out first <the> and insert <each>

Adam Ingram

228 In section 84, page 30, line 10, leave out first <the> and insert <each>

Section 85

Adam Ingram

229 In section 85, page 30, line 13, leave out from <each> to second <the> in line 14 and insert <(subject to sections 73 and 74) each relevant person in relation to the child accept each>

Section 86

Adam Ingram

230 In section 86, page 30, leave out lines 25 to 29 and insert <at least one of the grounds specified in the statement of grounds is accepted by the child and (subject to sections 73 and 74) each relevant person in relation to the child.>

Adam Ingram

231 In section 86, page 30, line 33, leave out <the grounds hearing must proceed under section 87> and insert <section 85(2) and (3) apply.>

Adam Ingram

232 In section 86, page 30, line 35, leave out <the grounds hearing must proceed under section 89> and insert <section 89 applies.>

Section 87

Adam Ingram

233 Leave out section 87

Section 88

Adam Ingram

234 In section 88, page 31, line 11, leave out <or 87(1)>

Section 89

Adam Ingram

235 In section 89, page 31, line 31, leave out <those grounds that are not accepted are> and insert <each ground that is not accepted by the child and (subject to sections 73 and 74) each relevant person in relation to the child is>

Adam Ingram

236 In section 89, page 31, line 33, leave out from beginning to <sheriff> and insert <Subsections (2A) and (4) apply if the grounds hearing gives a direction under subsection (1)(a).

(2A)>

Adam Ingram

237 In section 89, page 31, line 35, leave out from <any> to <hearing> in line 36 and insert <(subject to sections 73 and 74) each relevant person in relation to the child>

Adam Ingram

238 In section 89, page 31, line 39, leave out subsection (3)

Section 90

Adam Ingram

239 Leave out section 90 and insert—

<No grounds accepted

Where none of the grounds in the statement of grounds is accepted by the child and (subject to sections 73 and 74) each relevant person in relation to the child, section 89 applies.>

Section 91

Adam Ingram

240 Leave out section 91

Section 92

Adam Ingram

241 Leave out section 92

Section 93

Adam Ingram

242 In section 93, page 32, line 33, leave out <This section> and insert <Subsection (2)>

Adam Ingram

243 In section 93, page 32, line 34, leave out <present at the hearing>

Adam Ingram

244 In section 93, page 32, line 36, after <84(1)> insert <in relation to a ground>

Adam Ingram

245 In section 93, page 33, line 3, leave out from beginning to <grounds> in line 4

Adam Ingram

246 In section 93, page 33, line 5, at end insert <in relation to the ground.>

Adam Ingram

247 In section 93, page 33, line 7, leave out from second <in> to <not> and insert <as respects the person who would not be>

Adam Ingram

248 In section 93, page 33, line 8, at end insert—

<( ) If the grounds hearing gives a direction under subsection (2)(a), the chairing member must—

(a) in so far as is reasonably practicable comply with the requirement in paragraph (a) of section 89(2A), and

(b) comply with the requirement in paragraph (b) of that section.

( ) If the grounds hearing gives a direction under subsection (2)(a), section 89(4) applies.>

Section 94

Adam Ingram

249 Leave out section 94

Section 95

Adam Ingram

250 Leave out section 95

After section 95

Adam Ingram

251 After section 95, insert—

<Child fails to attend grounds hearing

(1) This section applies where—

(a) a child fails to attend a grounds hearing arranged by virtue of section 67(2) or subsection (2), and

(b) the child was not excused from attending the grounds hearing.

(2) The grounds hearing may require the Principal Reporter to arrange another grounds hearing.

(3) Section 89(4) applies.>

Section 96

Adam Ingram

252 In section 96, page 33, line 31, leave out <or 92(2)>

Adam Ingram

253 In section 96, page 33, line 33, leave out from <application> to end of line 34 and insert <disposal of the application to the sheriff to which it relates.>

Adam Ingram

254 In section 96, page 33, line 37, at end insert—

<( ) If the children’s hearing is satisfied that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory treatment order be made, the children’s hearing may make a further interim compulsory treatment order in relation to the child.>

Adam Ingram

255 In section 96, page 33, line 39, leave out <respect of> and insert <relation to>

Section 97

Adam Ingram

256 In section 97, page 34, line 26, leave out <respect of> and insert <relation to>

Adam Ingram

257 In section 97, page 34, line 29, after <one> insert <or more>

Adam Ingram

258 In section 97, page 35, line 1, after <one> insert <or more>

Adam Ingram

259 In section 97, page 35, line 12, after <with> insert—

<( ) where the order has not been continued,>

Adam Ingram

260 In section 97, page 35, line 14, at end insert—

<( ) where the order has been continued, whichever of the following first occurs—

(i) the end of the period for which the order was last continued,

(ii) the day on which the child attains the age of 18 years.>

Adam Ingram

261 Move section 97 to before section 81

Section 98

Adam Ingram

262 Move section 98 to before section 81

Section 99

Adam Ingram

263 In section 99, page 35, line 27, leave out <specified in the authorisation>

Adam Ingram

264 Move section 99 to before section 81

Section 100

Adam Ingram

265 In section 100, page 36, line 3, leave out <the beginning of>

Adam Ingram

266 In section 100, page 36, line 3, at end insert—

<( ) the day on which the sheriff disposes of an application under Part 10 relating to the child,>

Adam Ingram

267 In section 100, page 36, line 7, leave out <Section 97(3) to (6)> and insert <Subsections (3) to (6) (except subsection (5)(a)) of section 97>

Adam Ingram

268 Move section 100 to before section 81

Section 101

Adam Ingram

269 Move section 101 to before section 81

Section 102

Adam Ingram

270 In section 102, page 37, line 8, leave out <means, in relation to a child> and insert <, in relation to a child, means>

Adam Ingram

271 In section 102, page 37, leave out lines 14 and 15

Adam Ingram

272 In section 102, page 37, line 24, after <one> insert <or more>

Adam Ingram

273 In section 102, page 37, line 39, leave out <taken to the place of safety> and insert <detained in pursuance of the warrant>

Adam Ingram

274 In section 102, page 37, line 39, at end insert—

<( ) where the warrant is granted by the sheriff under section 106(8), the period beginning with the granting of the warrant and ending with the earlier of—

(i) the beginning of the continued hearing, or

(ii) the expiry of the period of 14 days beginning with the day on which the child is first detained in pursuance of the warrant,>

Adam Ingram

275 In section 102, page 38, line 1, after <sheriff> insert <under any other provision>

Adam Ingram

276 In section 102, page 38, line 6, leave out <taken to the place of safety> and insert <detained in pursuance of the warrant>

Adam Ingram

277 In section 102, page 38, line 13, leave out <taken to the place of safety> and insert <detained in pursuance of the warrant>

Adam Ingram

278 In section 102, page 38, line 15, leave out from beginning to <hearing> in line 18 and insert <the children’s hearing or, as the case may be, proceedings before the sheriff>

Adam Ingram

279 Move section 102 to before section 81

Section 103

Adam Ingram

280 In section 103, page 38, line 31, leave out <(including by adding measures)>

Adam Ingram

281 In section 103, page 38, leave out lines 38 and 39 and insert—

<( ) the day on which the sheriff disposes of the application under this Part relating to the child,>

Adam Ingram

282 In section 103, page 39, line 1, leave out <end> and insert <expiry>

Adam Ingram

283 In section 103, page 39, line 3, leave out subsections (6) and (7)

After section 103

Adam Ingram

284 After section 103, insert—

<Further extension or variation of interim compulsory supervision order

(1) This section applies where an interim compulsory supervision order is—

(a) extended, or extended and varied, under section 103(4), or

(b) further extended, or further extended and varied, under subsection (4).

(2) The Principal Reporter may, before the expiry of the order, apply to the sheriff for a further extension of the order.

(3) The Principal Reporter may, at the same time as applying for a further extension of the order, apply to the sheriff for the order to be varied.

(4) The sheriff may further extend, or further extend and vary, the order if the sheriff is satisfied that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that the order be further extended or, as the case may be, further extended and varied.

(5) An order that is further extended, or further extended and varied, ceases to have effect on the occurrence of whichever of the following first occurs—

(a) the day on which the sheriff disposes of the application under this Part relating to the child,

(b) a day specified in the order, or

(c) the expiry of the period of 22 days beginning with the day on which the order is further extended or, as the case may be, further extended and varied.>

Adam Ingram

285 After section 103, insert—

<Sheriff’s power to make interim compulsory supervision order

(1) This section applies where—

(a) a child is not subject to an interim compulsory supervision order, and

(b) an application to the sheriff under this Part relating to the child has been made but not determined.

(2) If the sheriff is satisfied that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that an interim compulsory supervision order be made, the sheriff may make an interim compulsory supervision order in relation to the child.

(3) An order under this section ceases to have effect on the occurrence of whichever of the following first occurs—

(a) the day on which the sheriff disposes of the application, or

(b) the expiry of the period of 22 days beginning with the day on which the order is made.>

Section 104

Adam Ingram

286 In section 104, page 39, line 16, leave out from second <to> to end of line 17 and insert <by virtue of section 89(1)(a) or 93(2)(a).>

Section 105

Adam Ingram

287 In section 105, page 39, line 23, leave out from <a> to end of line 25 and insert <the ground mentioned in section 65(2)(j) is established in relation to a child.>

Section 106

Adam Ingram

288 In section 106, page 39, line 32, leave out from second <to> to end of line 33 and insert <by virtue of section 89(1)(a) or 93(2)(a).>

Adam Ingram

289 In section 106, page 39, line 35, leave out <or rules under section 170.>

Adam Ingram

290 In section 106, page 40, line 1, leave out from beginning to <(c.46)> in line 2 and insert <the hearing relates to the ground mentioned in section 65(2)(b), (c), (d) or (g)>

Adam Ingram

291 In section 106, page 40, line 10, leave out <or rules under section 170.>

Adam Ingram

292 In section 106, page 40, line 11, leave out from beginning to <or> in line 13 and insert <If>

Adam Ingram

293 In section 106, page 40, line 14, leave out from <attend> to first <The> in line 15 and insert <attend the>

Adam Ingram

294 In section 106, page 40, line 15, at end insert—

<(7) Subsection (8) applies if—

(a) the hearing of the application is to be continued to another day, and

(b) the sheriff is satisfied that there is reason to believe that the child will not attend on that day.

(8) The sheriff may grant a warrant to secure attendance in relation to the child.>

Section 107

Adam Ingram

295 In section 107, page 40, line 17, leave out from second <to> to end of line 18 and insert <by virtue of section 89(1)(a) or 93(2)(a).>

Section 109

Adam Ingram

296 In section 109, page 40, line 32, leave out <or 90(2)(a)>

Adam Ingram

297 In section 109, page 40, line 34, leave out from <each> to end of line 35 and insert <(subject to sections 73 and 74) each relevant person in relation to the child.>

Section 110

Adam Ingram

298 In section 110, page 41, line 8, leave out from <each> to end of line 9 and insert <(subject to sections 73 and 74) each relevant person in relation to the child>

Adam Ingram

299 In section 110, page 41, line 20, after <of> insert <the period of>

Section 111

Adam Ingram

300 In section 111, page 41, line 25, leave out <, 90(2)(a)>

Adam Ingram

301 In section 111, page 41, line 26, at beginning insert <before the application is determined,>

Adam Ingram

302 In section 111, page 41, line 31, leave out <Principal Reporter must terminate the order or warrant> and insert <order or, as the case may be, warrant ceases to have effect on the withdrawal of the application.>

Section 112

Adam Ingram

303 In section 112, page 41, line 37, at end insert <and>

Adam Ingram

304 In section 112, page 42, line 1, leave out from <and> to end of line 2

Section 113

Adam Ingram

305 In section 113, page 42, line 13, at end insert—

<( ) If the sheriff makes an interim compulsory supervision order under subsection (3) specifying that the child is to reside at a place of safety, the children’s hearing must be arranged to take place no later than the third day after the day on which the child begins to reside at the place of safety.>

Section 114

Adam Ingram

306 In section 114, page 42, line 17, after <ground> insert <(other than the ground mentioned in section 65(2)(j) if the case was remitted to the Principal Reporter under section 49 of the Criminal Procedure (Scotland) Act 1995)>

After section 115

Adam Ingram

307 After section 115, insert—

<Child’s duty to attend review hearing unless excused

(1) This section applies where—

(a) a hearing is to be held by virtue of section 115(2) for the purpose of reviewing a grounds determination, and

(b) the person who is the subject of the grounds determination is a child.

(2) The child must attend the hearing unless the child is excused by the sheriff on a ground mentioned in section 106(3).

(3) The child may attend the hearing even if the child is excused under subsection (2).>

Adam Ingram

308 After section 115, insert—

<Child and relevant person: representation at review hearing

(1) This section applies where a hearing is to be held by virtue of section 115(2) for the purpose of reviewing a grounds determination.

(2) The person who is the subject of the grounds determination ("P") may be represented at the hearing by another person.

(3) A relevant person in relation to P (or, where P is no longer a child, a person who was a relevant person in relation to P at the time the grounds determination was made) may be represented at the hearing by another person.

(4) A person representing P or the relevant person (or person who was a relevant person) at the hearing need not be a solicitor or advocate.>

Section 117

Adam Ingram

309 In section 117, page 43, line 17, leave out subsection (2) and insert—

<(2) If the person to whom the grounds determination relates is still a child, the sheriff must—

(a) if a compulsory supervision order is in force in relation to the child, require a review of the compulsory supervision order,

(b) otherwise, direct the Principal Reporter to arrange a children’s hearing for the purpose of considering whether a compulsory supervision order should be made in relation to the child.>

Section 118

Adam Ingram

310 In section 118, page 44, line 4, leave out subsection (4) and (5) and insert—

<( ) Where the sheriff makes such an order, the relevant local authority for the child must give such supervision or guidance as the child will accept.>

Section 119

Adam Ingram

311 In section 119, page 44, line 18, leave out from <direct> to end of line 23 and insert—

<(i) if a compulsory supervision order is in force in relation to the child, require a review of the compulsory supervision order,

(ii) otherwise, direct the Principal Reporter to arrange a children’s hearing for the purpose of considering whether a compulsory supervision order should be made in relation to the child.>

Section 120

Adam Ingram

312 In section 120, page 44, line 34, leave out <87(1)>

Adam Ingram

313 In section 120, page 45, line 5, leave out <, 78(3)(a), 88(5) or 121(5)> and insert <or 78(3)(a)>

Adam Ingram

314 In section 120, page 45, line 8, leave out <78(3)(b), 88(6) or 121(6)> and insert <or 78(3)(b)>

Section 133

Adam Ingram

315 In section 133, page 49, line 5, leave out <123 and 126 to 132> and insert <117, 119, 123, 126 to 132 and 140>

Section 135

Adam Ingram

316 In section 135, page 49, line 39, leave out <(including by adding or removing measures)>

Adam Ingram

317 In section 135, page 50, line 1, at end insert <for a period not exceeding one year>

Adam Ingram

318 In section 135, page 50, line 15, leave out subsection (8)

After section 136

Adam Ingram

319 After section 136, insert—

<Review of relevant person determination

Review of determination that person be deemed a relevant person

(1) This section applies where, in relation to a child—

(a) a children’s hearing determines a review of a compulsory supervision order by varying or continuing the order,

(b) an individual is deemed to be a relevant person by virtue of section 80, and

(c) it appears to the children’s hearing that the individual may no longer have (nor recently have had) a significant involvement in the upbringing of the child.

(2) The children’s hearing must review whether the individual should continue to be deemed to be a relevant person in relation to the child.

(3) If the children’s hearing considers that it is appropriate to do so, the children’s hearing may defer determining the review under subsection (2) until a subsequent children’s hearing under this section.

(4) Otherwise, if the children’s hearing determines that the individual does not have (and has not recently had) a significant involvement in the upbringing of the child then—

(a) the children’s hearing must direct that the individual is no longer to be deemed to be a relevant person, and

(b) section 80(4) ceases to apply in relation to the individual (except in relation to any appeal arising from the determination mentioned in subsection (1)(a)).>

Section 140

Adam Ingram

320 In section 140, page 52, line 12, leave out from <determine> to <to> and insert <require that a further review of the compulsory supervision order>

Section 155

Adam Ingram

321 In section 155, page 58, line 33, at end insert—

<(b) a determination of a review under section (Review of determination that person be deemed a relevant person)(2) that an individual is to continue to be deemed, or no longer to be deemed, a relevant person in relation to a child.>

Adam Ingram

322 In section 155, page 58, leave out line 38

Adam Ingram

323 In section 155, page 59, line 1, leave out <(b) to (d)> and insert <(a) to (c)>

Adam Ingram

324 In section 155, page 59, line 5, leave out from beginning to second <determination> in line 7 and insert—

<(a) quash the determination, and

(b) where the determination is a determination of a pre-hearing panel or children’s hearing under section 80>

Adam Ingram

325 In section 155, page 59, line 9, at end insert—

<( ) Where the sheriff makes an order under subsection (4)(b), section 80(4) applies to the individual as if a pre-hearing panel had deemed the individual to be a relevant person.>

Section 185

Adam Ingram

326 In section 185, page 81, line 16, after <parent> insert <or guardian>

Adam Ingram

327 In section 185, page 81, line 19, at end insert—

<( ) a person having parental responsibilities or parental rights by virtue of section 11(12) of the 1995 Act,>

Section 187

Adam Ingram

328 In section 187, page 84, line 14, at end insert—

<( ) References in this Act to varying a compulsory supervision order, an interim compulsory supervision order or a medical examination order include varying the order by adding or removing measures.>

Housing (Scotland) Bill – Stage 2

After section 127

Alex Neil

140 After section 127, insert—

<Part

SOCIAL LANDLORDS: LONG LEASES AND HERITABLE SECURITIES

Removal of residential restriction on a long lease where lessee is a social landlord

In section 8 of the Land Tenure Reform (Scotland) Act 1974 (c.38), after subsection (3) insert—

"(3A) The condition contained in subsection (1) above does not apply to a long lease executed after the commencement of section (Removal of residential restriction on a long lease where lessee is a social landlord) of the Housing (Scotland) Act 2010 (asp 00) where at the time the lease is executed the lessee is—

(a) a social landlord (within the meaning of section 150 of the Housing (Scotland) Act 2010); or

(b) a body connected to a social landlord (within the meaning of section 149 of the Housing (Scotland) Act 2010).".>

Alex Neil

141 After section 127, insert—

<Heritable security redemption rights where debtor is a social landlord

In section 11 of the Land Tenure Reform (Scotland) Act 1974, after subsection (3) insert—

"(3A) The right to redeem a heritable security conferred by this section does not apply to a heritable security where—

(a) the debtor (or where the debtor is not the proprietor, the proprietor of the security subjects) has in writing renounced the right to redeem conferred by this section; and

(b) at the time of doing so that body is—

(i) a social landlord (within the meaning of section 150 of the Housing (Scotland) Act 2010); or

(ii) a body connected to a social landlord (within the meaning of section 149 of the Housing (Scotland) Act 2010).".>

Section 128

Mary Mulligan

142 In section 128, page 50, line 12, at end insert—

<(ii) after sub-paragraph (iv) insert—

"(v) the landlord may, if it thinks fit, disregard as not affecting continuity any interruption in occupation which appears to it to result from antisocial behaviour on the part of persons other than those within the meaning of section 68(2) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).">

After section 131

Mary Mulligan

143 After section 131, insert—

<Reports on right to buy

(1) The Scottish Ministers—

(a) must, within 5 years of the coming into force of this section, and

(b) may, from time to time thereafter,

prepare and publish a report on the matters set out in subsection (2).

(2) Those matters are—

(a) the extent to which tenants have exercised their rights under Part III of the Housing (Scotland) Act 1987 (c.26) to purchase the houses as a consequence of the provisions contained within this Part,

(b) the effect of the exercise of these rights on—

(i) the nature and condition of the housing stock,

(ii) the needs of persons for housing accommodation,

(iii) the demand for, and availability of, housing accommodation, and

(c) the receipts from the sale of houses in exercise of these rights>

Jim Tolson

144 After section 131, insert—

<Revocation of "preserved right to buy"

Article 4 of the Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002 (SSI 2002/318) is revoked.>

After section 143

Jim Tolson

145 After section 143, insert—

<Vacant dwellings: use of information obtained for council tax purposes

In paragraph 18A(1) of schedule 2 (administration) to the Local Government Finance Act 1992 (c.14)—

(a) after "authority", insert "and a local authority in Scotland",

(b) after "Part 1", insert "and Part II".>

Schedule 2

Alex Neil

146 In schedule 2, page 67, line 27, at end insert—

<Land Tenure Reform (Scotland) Act 1974 (c.38)

1A In section 21 (provisions for contracting out to be void) of the Land Tenure Reform (Scotland) Act 1974, for "sections 8(6) and 11(3)" substitute "sections 8(3A), 8(6), 11(3) and 11(3A)".>

Section 149

Alex Neil

147 In section 149, page 62, line 3, leave out <registered social landlord or a local authority> and insert <social>

Alex Neil

148 In section 149, page 62, line 4, leave out <registered social landlord or local authority> and insert <social>

Alex Neil

149 In section 149, page 62, line 7, leave out from <registered> to <authority> in line 8 and insert <social>

Alex Neil

150 In section 149, page 62, line 10, leave out <registered social landlord or local authority> and insert <social>

Alex Neil

151 In section 149, page 62, line 11, leave out <registered social landlord or local authority> and insert <social>

Alex Neil

152 In section 149, page 62, line 13, leave out from <registered> to <authority> in line 14 and insert <social>

Section 151

Jim Tolson

153 In section 151, page 65, line 11, at end insert—

<section (Revocation of "preserved right to buy")>

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