Contents page
 

 

BUSINESS BULLETIN 108 / 2000

Friday 23 June 2000

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

 

 
  Draft amendments submitted on 22 June 2000

Note: the following amendments were submitted before the end of Stage 1 and will be treated as lodged on Friday 23 June

Bail, Judicial Appointments etc. (Scotland) Bill - Stage 2

Before section 5

Mr Jim Wallace

Before section 5, insert-

<Chapter A1

Variation of number of Inner House judges and filling of vacancies

Variation of number of Inner House judges and filling of vacancies

In section 2 (composition of court) of the Court of Session Act 1988 (c.36)-

(a) after subsection (2) there is inserted the following subsections-

"(2A) The Scottish Ministers may from time to time by order amend subsection (2) above so as to alter or further alter the number of senior judges in the two Divisions.

(2B) The power conferred by subsection (2A) above may be exercised-

(a) in relation only to one; or

(b) differently in relation to each,

of the two Divisions.

(2C) An order under this section shall be made by statutory instrument.

(2D) No order shall be made under this section unless a draft of the instrument containing it has been laid before and approved by resolution of the Scottish Parliament.";

(b) in subsection (6), for the words "subsection (7)" there is substituted "subsections (7) and (8)"; and

(c) after subsection (7), there is added-

"(8) The Scottish Ministers shall not give their consent under subsection (6) above to an appointment filling a vacancy in one of the two Divisions of the Inner House unless they are satisfied that the state of business in the Inner House requires that the vacancy be filled".>

Section 6

Michael Matheson

In section 6, page 3, line 4, leave out from beginning to <appoint> and insert <The First Minister may, under this section, and after consultation with the Lord President of the Court of Session, recommend to Her Majesty the appointment of>

Michael Matheson

In section 6, page 3, leave out lines 6 to 8

Michael Matheson

In section 6, page 3, line 8, at end insert-

<(2A) A person shall only be appointed as a part-time sheriff where, as regards any sheriffdom-

(a) a sheriff is, by reason of illness or otherwise, unable to perform his duties as sheriff;

(b) a vacancy occurs in the office of sheriff; or

(c) for any reason it appears to the First Minister expedient in order to avoid or reduce delays in the administration of justice.>

Michael Matheson

In section 6, page 3, line 22, leave out <20> and insert <40>

Michael Matheson

In section 6, page 3, line 22, leave out <100> and insert <80>

Michael Matheson

In section 6, page 3, line 29, leave out <last for 5 years> and insert <be permanent>

Michael Matheson

In section 6, page 3, line 31, leave out <Scottish Ministers> and insert <First Minister>

Mr Jim Wallace

In section 6, page 3, leave out lines 36 to 39 and insert-

<(5) A part-time sheriff whose appointment comes to an end by operation of subsection (1) above may be reappointed and shall be entitled to be reappointed unless-

(a) the part-time sheriff is aged 69 or over;

(b) a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment;

(c) the part-time sheriff has not sat for a total of 50 or more days in the preceding five year period; or

(d) the Scottish Ministers have, since the part-time sheriff was last appointed, made an order under section 11A(5) of this Act reducing the number of persons who may hold appointment as part-time sheriffs.

(5A) A part-time sheriff whose appointment comes to an end by resignation under subsection (2) above may be reappointed.

(5B) The provisions of section 11A and this section of this Act apply to a reappointment under subsections (5) and (5A) above as they apply to an appointment.

Michael Matheson

In section 6, page 3, line 36, leave out <by operation of subsection (1) above or>

Michael Matheson

In section 6, page 3, line 41, leave out from <his> to end of line 42, and insert <he or she has a place of business as a solicitor>

Michael Matheson

In section 6, page 4, leave out lines 1 to 22 and insert-

<11C Removal and suspension of part-time sheriffs from office

(1) The Lord President of the Court of Session and the Lord Justice Clerk-

(a) may, on their own initiative; or

(b) shall, at the request of the First Minister,

jointly investigate whether a part-time sheriff is fit for office.

(2) During such an investigation, the Lord President and Lord Justice Clerk must give the part-time sheriff in question an opportunity to be heard.

(3) As soon as reasonably practicable after completing an investigation under subsection (1), the Lord President and Lord Justice Clerk shall-

(a) report in writing to the First Minister either that the part-time sherff-

(i) fit for office; or

(ii) unfit for office, by reason of inability, neglect of duty or misbehaviour,

and state the reasons for so reporting; and

(b) provide a copy of that report to the part-time sheriff who is the subject of it.

(4) The First Minister may, if a report is made to him under subsection (3)(a)(ii) above, by motion propose to the Scottish Parliament that the part-time sheriff be removed from office.

(5) If the Parliament, on consideration of a motion under subsection (4) above, so resolves, the First Minister shall remove the part-time sheriff from office.

(6) The Lord President and Lord Justice Clerk may, on undertaking an investigation under subsection (1) above or at any time during it, recommend in writing to the First Minister that he exercises his power in subsection (7) below.

(7) The First Minister may, on a recommendation under subsection (6) above, suspend from office the part-time sheriff who is the subject of the investigation.

(8) A part-time sheriff who has been suspended under subsection (7) shall remain so suspended until the First Minister otherwise directs.>

Mr Jim Wallace

In section 6, page 4, line 2, after <office> insert <by and>

Mr Jim Wallace

In section 6, page 4, line 3, after <constituted> insert <by and>

Mr Jim Wallace

In section 6, page 4, line 9, leave out from first <the> to <with>

Mr Jim Wallace

In section 6, page 4, line 17, leave out second <the> and insert <an>

Michael Matheson

In section 6, page 4, line 24, leave out <Regulations under section 11A or section 11C and>

Michael Matheson

In section 6, page 4, line 26, leave out <regulations or>

Section 7

Mr Jim Wallace

In section 7, page 4, line 37, leave out <and 12> and insert <, 12 and 15(1)>

Michael Matheson

In section 7, page 5, line 1, leave out <Scottish Ministers> and insert <First Minister>

Michael Matheson

In section 7, page 5, line 3, leave out <them> and insert <the Scottish Ministers>

Section 8

Mr Jim Wallace

In section 8, page 5, leave out lines 18 to 39 and insert-

<(1) A full justice may be removed from office or be restricted to having the functions of a signing justice by, and only by, order of the tribunal constituted by and under subsection (3) below (the "tribunal"); but this subsection is without prejudice to sections 9(7) and 12(2) of this Act.

(2) The tribunal may make an order under subsection (1) above only if, after investigation carried out at the request of the Scottish Ministers, it finds that the full justice is, by reason of inability, neglect of duty or misbehaviour-

(a) unfit for office as such; or, as the case may be,

(b) unfit for performing functions of a judicial nature.

(3) The tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session-

(a) a sheriff principal (who shall preside);

(b) a person who is, and has been for at least ten years, legally qualified within the meaning of section 5(2) of this Act; and

(c) one other person.

(4) Except in a case to which subsection (5) below applies, the sheriff principal shall be the sheriff principal for the sheriffdom which includes the commission area for which the justice who is the subject of the investigation was appointed.

(5) This subsection applies where it appears to the Lord President of the Court of Session to be inappropriate for that sheriff principal to be a member of the tribunal.

(6) The sheriff principal referred to in subsection (3)(a) above shall not be a temporary sheriff principal.

(7) Regulations, made by the Scottish Ministers-

(a) may make provision enabling the tribunal, at any time during an investigation, to suspend a full justice from office or from performing functions of a judicial nature and providing as to the effect and duration of such suspension;

(b) shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.

(7A) Regulations under subsection (7) above shall be made by statutory instrument.

(7B) No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.>

Michael Matheson

In section 8, page 5, line 18, leave out <Scottish Ministers> and insert <First Minister>

Michael Matheson

In section 8, page 5, line 19, at end insert-

<( ) Any sheriff principal may, on his own initiative, undertake an investigation into the fitness to perform functions of a judicial nature of any justice appointed for a commission area of the sheriffdom.>

Michael Matheson

In section 8, page 5, line 20, leave out <Such an investigation> and insert <An investigation under subsection (1) or (1A) above>

Michael Matheson

In section 8, page 5, line 21, leave out <Scottish Ministers> and insert <First Minister>

Michael Matheson

In section 8, page 5, line 21, at end insert-

<( ) In the course of an investigation under subsection (1) above, the sheriffs principal shall give the justice under investigation an opportunity to be heard.>

Michael Matheson

In section 8, page 5, line 26, leave out <Scottish Ministers> and insert <First Minister>

Michael Matheson

In section 8, page 5, line 35, at end insert-

<( ) A copy of the report produced by the sheriffs principal shall be given to the justice as soon as is practicable after the conclusion of the investigation.>

Michael Matheson

In section 8, page 5, line 36, leave out <Scottish Ministers shall, if a report is made to them> and insert <First Minister shall, if a report is made to him>

Mr Jim Wallace

In section 8, page 6, line 1, leave out <(7)> and insert <(1)>

Mr Jim Wallace

In section 8, page 6, line 5, leave out <(6)(b) above> and insert <(1) above, restricting that person's functions to those of a signing justice,>

Mr Jim Wallace

In section 8, page 6, line 7, leave out <(6)> and insert <(1)>

Michael Matheson

In section 8, page 6, line 7, leave out <(6)> and insert <(7)>

Michael Matheson

In section 8, page 6, line 9, at end insert <and to the justice who is subject of the order.>

Mr Jim Wallace

In section 8, page 6, leave out lines 12 to 28

Michael Matheson

In section 8, page 6, line 15, leave out <Scottish Ministers that they exercise> and insert <First Minister that he exercises>

Michael Matheson

In section 8, page 6, line 16, leave out <Scottish Ministers> and insert <First Minister>

Michael Matheson

In section 8, page 6, line 20, leave out <Scottish Ministers> and insert <First Minister>

Michael Matheson

In section 8, page 6, line 23, leave out <Scottish Ministers otherwise direct> and insert <First Minister otherwise directs>

Schedule

Michael Matheson

In the schedule, page 9, line 24, leave out from <the> to end of line 25 and insert <for the words "Secretary of State" to end there is substituted "First Minister"

Michael Matheson

In the schedule, page 9, line 25, at end insert-

<( ) in subsections (4) and (5), for the words "Secretary of State" there is substituted "First Minister";>

Mr Jim Wallace

In the schedule, page 9, line 28, after <"under"> insert <where it second occurs>

Michael Matheson

In the schedule, page 9, line 28, leave out <to "is" where it second occurs> and insert <where it second occurs to "is">

Michael Matheson

In the schedule, page 9, line 29, leave out <Scottish Ministers, if they are> and insert <First Minister, where he is>

Michael Matheson

In the schedule, page 9, line 30, at end insert-

<( ) in subsection (8), for the words "Secretary of State" there is substituted "First Minister">

Michael Matheson

In the schedule, page 9, line 31, after <(9),> insert <for the words "Secretary of State" there is substituted "First Minister"; and>

Mr Jim Wallace

In the schedule, page 9, line 32, leave out <9A(7)> and insert <9A(1)>

Michael Matheson

In the schedule, page 9, line 34, at end insert-

<( ) for the words "Secretary of State" there is substituted "First Minister";>

Michael Matheson

In the schedule, page 9, line 37, after <transferred> insert <to>

Michael Matheson

In the schedule, page 10, line 6, leave out <Scottish Ministers> and insert <First Minister>

Mr Jim Wallace

In the schedule, page 10, line 9, leave out <subsection (2) is> and insert <subsections (2) and (7) are>

Mr Jim Wallace

In the schedule, page 10, line 12 at end insert-

<(4) In section 16 (justices' committees) of that Act, after subsection (2) there is inserted-

"(2A) For the purposes of subsection (2) above, "justices" includes signing justices who are or have become such by operation of section 12 of this Act.".>

Michael Matheson

In the schedule, page 11, line 16, at end insert-

<(6A) Where an application for bail is made under subsection (6) above, the judge shall admit or refuse to admit that person to bail within the period of 24 hours beginning with the time when the application is made.">

Long Title

Mr Jim Wallace

In the long title, page 1, line 1, after <bail;> insert <to enable alteration in the number of judges in the Inner House of the Court of Session;>

 

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.

Mr Keith Harding: Proposed Dog Fouling Bill—Proposal for a Bill to amend the Civic Government (Scotland) Act 1982 to extend the offence of dog fouling so it applies to any person in charge of a dog who allows it to deposit excrement in any public place or fails to dispose appropriately of that excrement; and to give power to impose a fixed on-the-spot penalty for such an offence to specified persons such as traffic wardens, as well as police constables, without the requirement for a corroborating witness. (lodged 14 June 2000)

Supported by: Mr Jamie McGrigor, David Mundell, Mr Murray Tosh, David McLetchie, Alex Johnstone, Lord James Douglas-Hamilton, Mary Scanlon, Phil Gallie, John Scott, Nick Johnston, Alex Fergusson, Bill Aitken, Robert Brown, Mr Brian Monteith*

 

Contents page