Back to the Scottish Parliament Business Bulletin No. 40/2009: Thursday 5 March 2009
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Section G – Bills

New amendments to Bills lodged on 4 March 2009

Flood Risk Management (Scotland) Bill – Stage 2

Section 29

Roseanna Cunningham

90 In section 29, page 16, line 16, at end insert—

<( ) Before making regulations under subsection (6), the Scottish Ministers must consult—

(a) SEPA,

(b) every responsible authority, and

(c) such other persons as they consider appropriate.>

Section 30

Roseanna Cunningham

91 In section 30, page 16, line 38, leave out <a local> and insert <the relevant>

Roseanna Cunningham

92 In section 30, page 16, line 40, after second <the> insert <local flood risk management>

Section 38

Roseanna Cunningham

93 In section 38, page 21, line 31, leave out <other>

Roseanna Cunningham

94 In section 38, page 21, line 31, after <not> insert <SEPA, a responsible authority or>

Section 43

Roseanna Cunningham

95 In section 43, page 25, line 9, at end insert—

<( ) In determining the remit and membership of a sub-district advisory group, SEPA must seek to ensure appropriate representation of the interests of—

(a) every responsible authority which has functions exercisable in or in relation to the sub-district,

(b) Scottish Natural Heritage,

(c) where any part of the sub-district has been designated as a National Park, the National Park authority for the National Park, and

(d) such other persons as appear to SEPA to have an interest in flood risk management for the sub-district.>

Section 52

Roseanna Cunningham

96 In section 52, page 28, line 11, at end insert—

<( ) Before making an order under subsection (4), the Scottish Ministers must consult—

(a) every local authority,

(b) such bodies appearing to them to be representative of the interests of local authorities as they consider appropriate,

(c) SEPA,

(d) Scottish Natural Heritage,

(e) Scottish Water,

(f) the National Park authority for each National Park, and

(g) such other persons as they consider appropriate.>

After section 53

Roseanna Cunningham

97 After section 53, insert—

<Registers of flood protection schemes

(1) Every local authority must keep a register of flood protection schemes.

(2) A local authority must enter into its register—

(a) details of each relevant scheme including—

(i) a summary of the operations described in the scheme,

(ii) a description (by reference to a map) of the land affected by those operations, and

(iii) a note of the date on which notice of the scheme is first published under paragraph 1(1)(a) of schedule 2,

(b) a note of the following in relation to each such scheme—

(i) any decision made under paragraph 4(1), 5(1), 7(4), or 9(1) of schedule 2,

(ii) the fact that notice has been given to the Scottish Ministers under paragraph 5(5) of that schedule including whether any relevant objector is a local authority or a National Park authority,

(iii) the fact that notice has been given of proposed modifications under paragraph 7(5)(a) or 9(3)(a) of that schedule,

(c) where such a scheme is confirmed with modifications, the information specified in paragraph (a)(i) and (ii) in relation to the modified scheme, and

(d) a note of any suspension of the operation of such a scheme under paragraph 12(6) of schedule 2.

(3) For the purposes of subsection (2)(a), a relevant scheme is a scheme—

(a) proposed by the local authority, or

(b) in relation to which it is notified under paragraph 1(1)(f)(iii) of schedule 2.

(4) A local authority may remove information from its register relating to a scheme if the scheme is rejected under paragraph 4(1)(b), 7(4)(c) or 9(1)(c) of schedule 2.

(5) A local authority must amend its register to reflect any decision of a sheriff under paragraph 12(7) of schedule 2 to quash a scheme recorded in its register in whole or in part.

(6) Where a local authority enters information in its register about a scheme in relation to which it notified another local authority under paragraph 1(1)(f)(iii) of schedule 2, it must notify that authority of the information entered.

(7) A local authority must make available its register for public inspection and may charge a reasonable fee for doing so.>

Roseanna Cunningham

98 After section 53, insert—

<Registers of flood protection schemes: information about schemes under 1961 Act

A local authority must enter into its register details of every flood prevention scheme made by it under the 1961 Act including—

(a) a summary of the operations to which the scheme relates, and

(b) a description (by reference to a map) of the land affected by those operations.>

Roseanna Cunningham

99 After section 53, insert—

<Registers of flood protection schemes: regulations etc.

(1) The Scottish Ministers may by regulations make further provision about the keeping of registers under section (Registers of flood protection schemes)(1) including, in particular, provision as to—

(a) the content of a register,

(b) the time by which information must be entered into a register,

(c) the circumstances in which information may or must be removed from a register, and

(d) the time by which notice must be given under section (Registers of flood protection schemes)(6).

(2) Regulations under subsection (1) may also—

(a) make further provision about the availability of registers under section (Registers of flood protection schemes)(7) including, in particular, provision as to the form and manner in which registers are to be made available,

(b) make provision—

(i) requiring local authorities to make available their registers to a person specified in the regulations,

(ii) as to the form and manner in which the registers are made available to the person,

(iii) requiring local authorities to inform the person of any change to their registers as soon as reasonably practicable or within a period specified in the regulations, and

(iv) requiring the person to make available information from local authorities’ registers for public inspection.

(3) References in this section and sections (Registers of flood protection schemes) and (Registers of flood protection schemes: information about schemes under 1961 Act) to a local authority’s register are references to the register of flood protection schemes kept by the authority.>

Section 55

Roseanna Cunningham

100 In section 55, page 29, line 21, after <land> insert <(other than Crown land within the meaning of section 80(7)(a))>

Section 57

Roseanna Cunningham

101 In section 57, page 30, line 6, leave out <under section 49> and insert—

<(a) under section 49, or

(b) in accordance with a flood prevention scheme confirmed under section 4 of the 1961 Act,>

Section 59

Roseanna Cunningham

102 In section 59, page 30, line 25, leave out from <in> to <Part> in line 26 and insert—

<(i) in exercise of any of its functions under this Part, or

(ii) in accordance with a flood prevention scheme confirmed under section 4 of the 1961 Act>

Section 61

Roseanna Cunningham

103 In section 61, page 31, line 17, leave out <has the meaning given in> and insert <means—

(a) the holder of a licence under section 6(1) of the Electricity Act 1989 (c.29),

(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986 (c.44),

(c) the Civil Aviation Authority,

(d) a holder of a licence under Chapter 1 of the Transport Act 2000 (c.38),

(e) the operator of an electronic communications code network within the meaning of paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c.21), and

(f) any other person who is a statutory undertaker within the meaning of section 214(1) of>

Roseanna Cunningham

104 In section 61, page 31, line 19, at end insert—

<( ) means, in relation to a person mentioned in paragraphs (a) to (e) in the definition of "statutory undertaker", the person’s undertaking,>

Section 68

Roseanna Cunningham

105 In section 68, page 34, line 35, at end insert—

<( ) section 9 (preparation of flood risk assessments),

( ) section 10 (review and updating of flood risk assessments)>

Roseanna Cunningham

106 In section 68, page 35, line 15, leave out <under section 49> and insert—

<(i) under section 49, or

(ii) in accordance with a flood prevention scheme confirmed under section 4 of the 1961 Act>

Section 71

Roseanna Cunningham

107 In section 71, page 37, line 15, at end insert—

<(ca) the variation or revocation of an improvement order under section 53, or>

Section 72

Roseanna Cunningham

108 In section 72, page 37, line 34, at end insert—

<( ) Subsection (2)(b) does not apply where the damage has been sustained in consequence of circumstances falling within section 71(2)(ca).>

Section 74

Roseanna Cunningham

109 In section 74, page 38, line 20, leave out <as soon as practicable> and insert <no later than 28 days>

Section 77

Roseanna Cunningham

110 In section 77, page 39, line 22, leave out <large raised reservoirs> and insert <reservoirs in Scotland which meet criteria specified in, or otherwise determined in accordance with, the regulations>

Roseanna Cunningham

111 In section 77, page 39, line 23, at end insert—

<( ) provide that the enforcement authority or another person—

(i) may specify the criteria, and

(ii) is to determine whether a reservoir meets the criteria,>

Roseanna Cunningham

112 In section 77, page 39, line 33, at end insert—

<( ) confer powers of entry on the enforcement authority in connection with its functions under the regulations,>

Roseanna Cunningham

113 In section 77, page 40, line 12, leave out <an order> and insert <regulations>

Roseanna Cunningham

114 In section 77, page 40, leave out line 15 and insert—

<( ) undertakers of reservoirs to which they consider the regulations will apply,>

Roseanna Cunningham

115 In section 77, page 40, line 17, at end insert—

<( ) The power to make regulations under subsection (1) may be exercised so as to make different provision for different purposes.>

After section 77

Roseanna Cunningham

116 After section 77, insert—

<Flood plans

After section 12B of the 1975 Act, insert—

"12C Flood plans: Scotland

(1) The Scottish Ministers may by regulations made by statutory instrument provide that a flood plan is to be prepared for each reservoir in Scotland which meets criteria specified in, or otherwise determined in accordance with, the regulations.

(2) A "flood plan" is a plan setting out the action to be taken by the undertaker of the reservoir to which the plan relates in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.

(3) The regulations may, in particular—

(a) provide that the enforcement authority or another person—

(i) may specify the criteria, and

(ii) is to determine whether a reservoir meets the criteria,

(b) specify what is to be included in a flood plan and may, in particular, provide that a plan must include a map,

(c) specify the form in which a flood plan is to be prepared,

(d) provide that it is for the undertaker of a reservoir or other person to prepare a flood plan in relation to the reservoir,

(e) require the person preparing a flood plan to have regard to guidance issued by the enforcement authority or the Scottish Ministers,

(f) require the flood plan to be produced or submitted to the enforcement authority by such time as—

(i) the regulations specify, or

(ii) the authority or Scottish Ministers may direct,

(g) make provision about the approval of flood plans,

(h) make provision for the review and updating of flood plans,

(i) provide for a register of flood plans to be established and maintained,

(j) make provision for the publication, or distribution of copies, of—

(i) a list of reservoirs in relation to which a flood plan must be prepared by virtue of the regulations,

(ii) flood plans, and

(iii) reports,

(k) make provision in connection with the testing of flood plans,

(l) require the undertaker of a reservoir to take action set out in the flood plan relating to the reservoir in the event of an emergency,

(m) provide that the enforcement authority may, in circumstances specified in the regulations, do anything that another person is required to do under the regulations and may recover the costs of doing so from that person,

(n) confer powers of entry on the enforcement authority in connection with its functions under the regulations,

(o) make provision in connection with paragraphs (m) and (n) amending this Act (other than this section) or applying this Act with modifications,

(p) create offences,

(q) provide that any offence created is triable—

(i) only summarily, or

(ii) either summarily or on indictment,

(r) provide for any offence created which is triable only summarily to be punishable on conviction by a fine not exceeding level 5 on the standard scale,

(s) provide for any offence created which is triable either summarily or on indictment to be punishable—

(i) on summary conviction, by a fine nor exceeding the statutory maximum,

(ii) on conviction on indictment, by a fine.

(4) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) SEPA,

(b) undertakers of reservoirs for which they consider a flood plan will require to be prepared under the regulations,

(c) the Institution of Civil Engineers, and

(d) such other persons as they consider appropriate.

(5) The power to make regulations under subsection (1) may be exercised so as to make different provision for different purposes.

(6) A statutory instrument made under subsection (1) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.".>

Section 81

Roseanna Cunningham

117 In section 81, page 43, line 7, leave out <the members> and insert <a member>

Section 83

Roseanna Cunningham

118 In section 83, page 43, line 27, at end insert—

<( ) regulations under section 44(1),>

Schedule 3

Roseanna Cunningham

119 In schedule 3, page 53, line 18, at end insert—

<Civil Aviation Act 1982 (c.16)

In paragraph 4 of Schedule 2 to the Civil Aviation Act 1982 (Civil Aviation Authority deemed to be statutory undertaker), the entry relating to the Flood Prevention (Scotland) Act 1961 is repealed.>

Roseanna Cunningham

120 In schedule 3, page 53, line 23, at end insert—

<Electricity Act 1989 (c.29)

Paragraph 1(1)(xi) of Schedule 16 to the Electricity Act 1989 (licence holder deemed to be statutory undertaker) is repealed.>

Roseanna Cunningham

121 In schedule 3, page 53, line 29, at end insert—

<Gas Act 1995 (c.45)

Paragraph 2(1)(ix) of Schedule 4 to the Gas Act 1995 (gas transporter deemed to be statutory undertaker) is repealed.>

Roseanna Cunningham

122 In schedule 3, page 54, line 3, at end insert—

<Transport Act 2000 (c.38)

Paragraph 1(2)(h) of Schedule 5 to the Transport Act 2000 (licence holder deemed to be statutory undertaker) is repealed.>

Health Boards (Membership and Elections) (Scotland) Bill – Stage 3

Section 1

Bill Butler

1 In section 1, page 1, line 22, leave out from <total> to <members,> in line 21 and insert <number of elected members of a Board must amount to more than the total number of councillor members and appointed members, but by no more than two,>

Section 2

Nicola Sturgeon

2 In section 2, page 5, leave out lines 1 to 3

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