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BUSINESS BULLETIN 86 / 2000

Monday 22 May 2000

Section G - Bills, amendments to Bills and proposals for members’ Bills

 

New amendments lodged on 19 May 2000

 

Ethical Standards in Public Life etc. (Scotland) Bill – Stage 2

 

Section 19

Donald Gorrie

Supported by: Mr Gil Paterson

 

137 In section 19, page 8, line 24, leave out from beginning to <sanction> in line 31 and insert <The Commission shall not require to hold a hearing on receipt of the interim report>

 

Donald Gorrie

Supported by: Mr Gil Paterson

 

138 In section 19, page 8, line 40, leave out subsections (6) to (10)

 

Dr Sylvia Jackson

 

139 In section 19, page 9, line 3, leave out subsection (7)

 

Mr Gil Paterson

Supported by: Donald Gorrie

 

140 In section 19, page 9, line 12, at end insert—

<( ) Where a councillor or a member of a devolved public body is entitled to receive allowances, including special responsibility allowances, from the relevant council or devolved public body, suspension under this section shall not affect his entitlement to receive such allowances.>

 

After section 19

Ms Wendy Alexander

 

141 In substitution for amendment 124—

After section 19, insert—

<Appeals from Commission

(1) A councillor or member of a devolved public body—

(a) who is the subject of a finding under section 17 above of a contravention of the councillors’ or, as the case may be, the members’ code;

(b) on whom a sanction under section 18(1)(b) to (d), (4) or (5) above has been imposed; or

(c) who has been suspended under section 19(2) above,

may appeal to the sheriff principal of the sheriffdom in which the relevant council or devolved public body has its principal office.

(2) The relevant council or, as the case may be, devolved public body is—

(a) in the case, where—

(i) a finding of a contravention of the councillors’ or the members’ code has been made under section 17 above;

(ii) a sanction under section 18(1) above has been imposed following such a finding;

(iii) a sanction under section 18(4) or (5) above has been imposed following such a finding,

the council or devolved public body to which the finding relates;

(b) where suspension under section 19(2) above has been imposed, the council or devolved public body from which the councillor or member has been suspended;

(c) where the appeal is in respect of findings which relate to more than one council or devolved public body, any one of those councils or devolved public bodies.

(3) An appeal—

(a) under subsection (1)(a) above may be made on one or more of the following grounds—

(i) that the Commission’s finding was based on an error of law;

(ii) that there has been procedural impropriety in the conduct of any hearing held under section 15(b) above;

(iii) that the Commission has acted unreasonably in the exercise of its discretion;

(iv) that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b) under subsection (1)(b) above, may be made on one or both of the following grounds—

(i) that the sanction imposed was excessive;

(ii) that the Commission has acted unreasonably in the exercise of its discretion;

(c) under subsection (1)(c) above, may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.

(4) An appeal under subsection (1) above shall be lodged within 21 days of—

(a) the sending of the finding under section 17 above to the councillor or member;

(b) the imposition of the sanction under section 18(1) above; or, as the case may be,

(c) the imposition of the suspension under section 19(2) above.

(5) A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(6) The sheriff principal may—

(a) in an appeal under subsection (1)(a) above—

(i) confirm the finding under section 17 above;

(ii) quash the finding;

(iii) quash the finding and remit the matter to the Commission to reconsider its decision;

(b) in an appeal under subsection (1)(b) above—

(i) confirm the sanction;

(ii) quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c) in an appeal under subsection (1)(c) above, quash the suspension;

(d) award expenses.

(7) The decision of the sheriff principal in an appeal under subsection (1) above shall be final.

(8) The Commission may be a party to any appeal under subsection (1) above.>

 

Schedule 3

Mr Keith Harding

 

142 In schedule 3, page 15, line 35, at end insert—

<Community Learning Scotland>

 

Mr Keith Harding

 

143 In substitution for amendment 133—

In schedule 3, page 16, line 17, at end insert—

<Scottish Committee of the Council on Tribunals>

 

Proposals for Members’ Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters’ names shown in bold. The member who lodged such a proposal has the right to introduce a Member’s Bill to give effect to that proposal under rule 9.14.

Alex Neil: Proposed Bank Arrestment (Scotland) Bill—Proposal for a Bill to provide safeguards for debtors with bank accounts by restricting the extent to which an arrestment attaches to monies in bank accounts; and by providing a new sheriff court procedure, to be known as an arrestment restriction order, whereby a debtor may apply to the sheriff for an order releasing monies from arrestment (lodged 26 April 2000)

Supported by: Tommy Sheridan, Mr John McAllion, Michael Matheson, Ms Margo MacDonald, Dorothy-Grace Elder, Andrew Wilson, Fergus Ewing, Linda Fabiani, Brian Adam, Ms Sandra White, Robin Harper, Shona Robison, Christine Grahame, Mr Kenneth Gibson, Kay Ullrich


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