Back to the Scottish Parliament Business Bulletin No. 133/2006: Friday 22 September 2006
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Business Bulletin:

Section G – Bills

New Bills introduced or reprinted on 21 September 2006

Cairngorms National Park Boundary Bill—A Bill for an Act of the Scottish Parliament to extend the boundary of Cairngorms National Park to include parts of Highland and Eastern Perthshire within the National Park; and to make consequential changes to the composition of the Cairngorms National Park Authority. (SP Bill 72) (Member’s Bill)

Introduced by: John Swinney

Explanatory Notes (and other accompanying documents) (SP Bill 72-EN) and a Policy Memorandum (SP Bill 72-PM) were printed to accompany the Bill.

In addition to the accompanying documents, the following documents have been deposited in SPICe by the Member:

  • An Overview Map; and

  • Sixteen Boundary Maps.

New amendments to Bills lodged on 21 September 2006

Bankruptcy and Diligence etc. (Scotland) Bill – Stage 2

Section 86

Shiona Baird

315 In section 86, page 55, line 12, leave out from <if> to end of line 16 and insert <only make an order under subsection (2) above if satisfied that it is reasonable to do so and, in considering whether it is reasonable, must have regard in particular to—

(a) the nature of and reasons for the debt in respect of which the land attachment has been created;

(b) the debtor’s ability to repay, within a reasonable period, the sum recoverable by the land attachment;

(c) any action taken by the creditor to assist the debtor in repaying the sum recoverable by land attachment; and

(d) where the debtor’s sole or main residence is owned by the debtor, the ability of the debtor and of any other person residing with the debtor to secure reasonable alternative accommodation.

( ) Where, under subsection (3) above, an order is not made, the application under section 81(1) of this Act may be dismissed or adjourned for a period or periods, with or without imposing conditions.

Legal Profession and Legal Aid (Scotland) Bill – Stage 2

Section 4

Mr John Swinney

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

<( ) After making a determination under subsection (1) the Commission must give notice in writing to the complainer and the practitioner by sending to each of them a copy of the determination.>

Mr John Swinney

193 In section 4, page 3, line 15, leave out subsection (2)

Section 5

Mr John Swinney

194 Leave out section 5

Section 6

Mr John Swinney

195 In section 6, page 3, line 34, leave out subsection (1)

Section 7

Mr John Swinney

196 In section 7, page 4, line 22, leave out <services>

Mr John Swinney

197 In section 7, page 4, line 26, leave out <services>

After section 8

Mr John Swinney

198 After section 8, insert—

<Commission upholds conduct complaint

(1) Where the Commission makes a determination under section 7 upholding a conduct complaint it must remit the matter to the relevant professional organisation (within the meaning of section (Relevant professional organisation: meaning in relation to conduct complaints)) and that organisation must determine any sanction to be applied.

(2) A relevant professional organisation to whom a conduct complaint is remitted must have regard to any conclusions and recommendations set out in the determination of the complaint by the Commission.

(3) Where the Commission remits a matter to a relevant professional organisation under subsection (1), that organisation must make a written report to the complainer and practitioner outlining what action the organisation proposes to take, or has taken, in the matter.

(4) Where such a determination includes a recommendation to the relevant professional organisation, the organisation must, before the end of the period of 3 months beginning with the date on which the determination was sent, notify the Commission, in writing, of—

(a) the action which it has taken to comply with the recommendation;

(b) its decision not to comply wholly with any recommendation and its reasons for that decision.

(5) Where the Commission is either—

(a) notified under subsection (3)(b) that the relevant professional organisation has decided not to comply wholly with a recommendation; or

(b) of the opinion that the relevant professional organisation has not complied wholly with a recommendation before the end of the period of 3 months beginning with the date on which the determination was sent to the organisation,

the Commission may direct the professional organisation to comply with that recommendation if the Commission thinks fit.>

Section 9

Mr John Swinney

199 In section 9, page 6, line 7, at end insert—

<( ) The Commission must give notice in writing of a—

(a) determination by it under section 7 not to uphold a conduct complaint;

(b) determination by it under that section upholding any such complaint (including any conclusions or recommendations),

to the complainer and every practitioner specified in it by sending to each of them a copy of the determination.>

Section 11

Mr John Swinney

200 Leave out section 11 and insert—

<Complaint appears during mediation or investigation to fall within different category

Where the Commission at any time during its mediation by virtue of section 6, or investigation by virtue of section 7 of a complaint, considers that a complaint (or any element of a complaint) constitutes—

(a) a service complaint instead of a conduct complaint as was originally determined by it under section 4; or

(b) a conduct complaint instead of a services complaint as was originally determined by it under section 4,

it must give notice in writing to the complainer and the practitioner by sending to each of them a copy of the determination.>

Section 13

Mr John Swinney

201 In section 13, page 8, line 4, after <8,> insert section <(Commission upholds conduct complaint),>

Schedule 2

Mr John Swinney

202 In schedule 2, page 42, leave out lines 9 and 10

Section 15

Mr John Swinney

203 Leave out section 15

Section 16

Mr John Swinney

204 Leave out section 16

Section 19

Mr John Swinney

205 In section 19, page 11, line 34, leave out <services>

Mr John Swinney

206 In section 19, page 12, line 3, leave out from <(whether> to <uphold)> in line 4 and insert <and its subsequent determination upholds>

Schedule 3

Mr John Swinney

207 In schedule 3, page 43, leave out lines 33 and 34

Section 24

Mr John Swinney

208 In section 24, page 14, leave out line 6

Section 25

Mr John Swinney

209 In section 25, page 14, line 11, leave out <a services complaint or a handling>

Section 26

Mr John Swinney

210 In section 26, page 14, line 19, leave out <services> and insert <or conduct>

Mr John Swinney

211 In section 26, page 14, line 20, leave out <sections 6 to 9> and insert <this Part>

Mr John Swinney

212 In section 26, page 14, line 26, leave out <services>

Mr John Swinney

213 In section 26, page 14, line 28, leave out <services>

Mr John Swinney

214 In section 26, page 14, line 31, at end insert—

<( ) failure by relevant professional bodies to comply with recommendations contained in any determination of the kind mentioned in section (Commission upholds conduct complaint)(1);>

Section 27

Mr John Swinney

215 Leave out section 27

Section 28

Mr John Swinney

216 Leave out section 28

Section 32

Mr John Swinney

217 In section 32, page 17, line 10, leave out <15(7), 16, 26(2), 27(2)> and insert <26(2)>

Section 34

Mr John Swinney

218 In section 34, page 18, leave out line 25

After section 34

Mr John Swinney

219 After section 34, insert—

<Relevant professional organisation: meaning in relation to conduct complaints

(1) Where a complaint of unsatisfactory professional conduct is remitted to a relevant professional organisation for determination of sanction under section (Commission upholds conduct complaint), that organisation is to be—

(a) in the case of an advocate, the Faculty of Advocates;

(b) in the case of a person exercising a right to conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act, the body which made a successful application under section 25 of that Act and of which that person is a member;

(c) in the case of a solicitor or conveyancing or executry practitioner, a firm of solicitors, an incorporated practice or a limited liability partnership whose members are solicitors, the Council.

(2) Where a complaint of professional misconduct is remitted to a relevant professional organisation for determination of sanction under section (Commission upholds conduct complaint), that organisation is to be—

(a) in the case of an advocate, the Faculty of Advocates;

(b) in the case of a person exercising a right to conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act, the body which made a successful application under section 25 of that Act and of which that person is a member;

(c) in the case of a solicitor or conveyancing or executry practitioner, a firm of solicitors, an incorporated practice or a limited liability partnership whose members are solicitors, the Scottish Solicitors Discipline Tribunal.>

Section 35

Mr John Swinney

220 Leave out section 35

After section 35

Colin Fox

221 After section 35, insert—

<Conduct complaints: report

<(1) A relevant professional organisation may, if it considers it appropriate to do so in any particular case, publish a report of an investigation of a conduct complaint remitted to it under section 5(a) or 11(5)(a).

(2) A report under subsection (1) must not (unless the complainer consents)—

(a) mention the name of the complainer;

(b) include any particulars which are likely to identify the complainer.

(3) A report under subsection (1) may only—

(a) mention the name of the practitioner complained of; or

(b) include any particulars which are likely to identify the practitioner,

if the practitioner consents or the condition in subsection (4) is met.

(4) The condition is that—

(a) the case is exceptional; and

(b) it is in the public interest for the identity of the practitioner concerned to be included in the report.>

Section 36

Mr John Swinney

222 In section 36, page 21, leave out lines 16 to 29 and insert—

<(1) Where the Commission remits a determination under section (Commission upholds conduct complaint) upholding a conduct complaint which relates to unsatisfactory professional conduct, the Council>

Mr John Swinney

223 In section 36, page 22, line 8, leave out <them> and insert <the Commission>

Mr John Swinney

224 In section 36, page 22, leave out line 17

Planning etc. (Scotland) Bill – Stage 2

Section 33

David McLetchie

246 In section 33, page 68, line 38, at end insert—

<( ) No person is to be required to make a financial contribution or take action for the purpose mentioned in subsection (1) unless that person has consented to the making of the contribution or, as the case may be, the taking of the action.>

David McLetchie

247 In section 33, page 68, line 38, at end insert—

<( ) No person who is the owner but not the occupier of a property within a business improvement district is to be required to make financial contributions or take action for the purpose mentioned in subsection (1).>

Section 36

David McLetchie

248 In section 36, page 69, line 18, at end insert—

<(1A) BID proposals must include a statement by the authority comparing—

(a) the level of services which it will provide in the proposed business improvement district if the BID arrangements do not come into force, and

(b) unless the proposed business improvement district comprises the whole of the area of the authority, the level of services which it will provide in the part of its area which is outwith the proposed business improvement district,

with the level of services which will be provided if the BID arrangements come into force.>

David McLetchie

249 In section 36, page 69, line 24, after <proposals> insert <in addition to the statement required under subsection (1A),>

After section 42

David McLetchie

250 After section 42, insert—

<Effect of BID arrangements: other parts of local authority area

A local authority must not, in any period when BID arrangements have effect, undertake any project which is similar in nature to any project—

(a) specified in BID arrangements, and

(b) in respect of which persons other than the authority are making financial contributions or taking action,

in any part of its area which is outwith the business improvement district.>

Scottish Commissioner for Human Rights Bill – Stage 2

Schedule 1

Des McNulty

131 In schedule 1, page 14, line 3, at end insert—

<Sharing of services and resources

The Commissioner must consult with such bodies as may be specified by the Parliamentary corporation on any sharing of services and resources which may be considered to be of benefit to the Commissioner and those other bodies.>

Des McNulty

132 In schedule 1, page 14, line 21, at beginning insert—

<(1) The Commissioner must submit an annual budget application, which sets out the expected costs of carrying out the Commissioner’s functions during the year to which the application relates, to the Parliamentary corporation for its approval.

(2) Following submission of an application under sub-paragraph (1), the Parliamentary corporation may, if it considers it appropriate, require the Commissioner to submit a revised application for its approval.

(3) The Parliamentary corporation shall not make any payment in respect of a particular year under sub-paragraph (4) until it has approved the Commissioner’s annual budget application for that year.

(4)>

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.

The Bills page of the Parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Final Proposals for Member’s Bills

Tommy Sheridan MSP: Proposed Provision of Rail Passenger Services (Scotland) Bill - Proposal for a Bill to direct Scottish Ministers to arrange for rail passenger services to be provided directly by the public sector or by a specifically created company on a not-for-profit basis. (lodged 24 August 2006).

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: Carolyn Leckie, Frances Curran, Mark Ballard, Robin Harper, Dr Jean Turner, Colin Fox, Chris Ballance, Shiona Baird, Eleanor Scott, Rosie Kane, Dennis Canavan, Ms Rosemary Byrne, John Swinburne, Elaine Smith, Patrick Harvie, Margo MacDonald, Campbell Martin, Mr Mark Ruskell

Rosemary Byrne MSP: Proposed Drug Treatment and Rehabilitation (Scotland) Bill - Proposal for a Bill to provide for all drug users to receive an individual holistic care plan within seven days of the drug user requesting such assistance from a health or social care agency, for that care plan to include support and treatment for them and their relatives and for a percentage of the monies seized under the Proceeds of Crime Act (2002) to be used to pay towards the care plan. (lodged 24 August 2006)

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: Carolyn Leckie, Margo MacDonald, Frances Curran, John Farquhar Munro, Dr Jean Turner, Colin Fox, Dennis Canavan, Rosie Kane, Tommy Sheridan, John Swinburne, Elaine Smith, Campbell Martin, Patrick Harvie, Mark Ballard, Chris Ballance, Robin Harper, Eleanor Scott, Shiona Baird

Karen Gillon MSP: Culpable Homicide (Scotland) Bill - Proposal for a Bill to introduce new offences of culpable homicide by recklessness and culpable homicide by gross negligence. (lodged 14 September 2006)

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: Michael McMahon, Margo MacDonald, Jackie Baillie, Helen Eadie, Patrick Harvie, Colin Fox, Mr Duncan McNeil, Kate Maclean, Mrs Mary Mulligan, Bristow Muldoon, Ms Wendy Alexander, Donald Gorrie, Elaine Smith, Carolyn Leckie, Ms Sandra White, Shiona Baird, Mark Ballard, Mr Mark Ruskell, Chris Ballance, Eleanor Scott, Robin Harper, Ms Rosemary Byrne, Frances Curran, Alex Neil, Marlyn Glen, Dr Elaine Murray, Cathy Peattie, Marilyn Livingstone, Maureen Macmillan, Pauline McNeill, Mr John Swinburne, Mr Kenneth Macintosh, Tommy Sheridan, Rosie Kane, Mr Jamie Stone, Richard Baker, Mr Adam Ingram, Christine Grahame, Scott Barrie, Campbell Martin, Mr Frank McAveety, Paul Martin, Nora Radcliffe, Des McNulty, Dennis Canavan, Trish Godman, Dr Jean Turner, Mr Bruce McFee, Ms Maureen Watt, Dr Sylvia Jackson, Bill Butler, Mr Kenny MacAskill, Michael Matheson*, Bruce Crawford*, Cathie Craigie*, Linda Fabiani*, Mr Stewart Maxwell*, Roseanna Cunningham*, Shona Robison*, Mr Alasdair Morrison*, John Home Robertson*, Christine May*

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