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Contents
B: Business Programme
C: Committee Agendas
D: Oral questions
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
I: Petitions lodged
K: Progress of Parliamentary business

 

Business Bulletin No. 150/2002

Friday 25 October 2002

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 22 October 2002

Criminal Justice (Scotland) Bill - Stage 2

Section 13

Mr Jim Wallace

Supported by: Dr Richard Simpson

23 In section 13, page 9, line 19, after <year> insert <(the financial year being the period of 12 months ending with 31st March)>

After section 47

Mr Jim Wallace

Supported by: Dr Richard Simpson

24 After section 47, insert-

<Convictions in other member States of the European Union

(1) The 1995 Act is amended as follows.

(2) In section 101(8) (manner of proving previous conviction in solemn proceedings)-

(a) after the words "section 285" there is inserted ", or as the case may be 286A,"; and

(b) for the words "said section" there is substituted "section in question".

(3) In section 286 (proof of previous conviction in support of substantive charge), at the end there is added-

"(3) The reference in subsection (1)(a) above to "the clerk of court having custody of the record containing the conviction" includes, in relation to a previous conviction by a court in another member State of the European Union, a reference to any officer of that court or of that State having such custody.".

(4) After section 286 there is inserted-

"286A Proof of previous conviction by court in other member State

(1) A previous conviction by a court in another member State of the European Union may be proved against any person in any criminal proceedings by the production of evidence of the conviction and by showing that his fingerprints and those of the person convicted are the fingerprints of the same person.

(2) A certificate-

(a) bearing-

(i) to have been sealed with the official seal of a Minister of the State in question; and

(ii) to contain particulars relating to a conviction extracted from the criminal records of that State; and

(b) including copies of fingerprints and certifying that those copies-

(i) are of fingerprints appearing from those records to have been taken from the person convicted on the occasion of the conviction, or on the occasion of his last conviction; and

(ii) would be admissible in evidence in criminal proceedings in that State as a record of the skin of that person's finger,

shall be sufficient evidence of the conviction or, as the case may be, of the person's last conviction and of all preceding convictions and that the copies of the fingerprints included in the certificate are copies of the fingerprints of the person convicted.

(3) A conviction bearing to have been-

(a) extracted from the criminal records of the State in question; and

(b) issued by an officer of that State whose duties include the issuing of such extracts,

shall be received in evidence without being sworn to by witnesses.

(4) Subsection (9) of section 285 of this Act applies in relation to this section as it does in relation to that section.".

(5) In section 307 (interpretation)-

(a) in subsection (1), in the definition of "extract conviction" and "extract of previous conviction", at the end there is added "and also include a conviction extracted and issued as mentioned in section 286A(3)(a) and (b) of this Act"; and

(b) in subsection (5), at the end there is added "except-

(a) where the context otherwise requires; and

(b) in sections 69(2) and 166, where such a reference includes a reference to a previous conviction, by a court in another member State of the European Union, of an act punishable under the law in force in that State (an Act so punishable being taken to constitute an offence under that law however described in that law)".>

 

Debt Arrangement and Attachment (Scotland) Bill - Stage 2

Section 49

Mr Jim Wallace

125 In section 49, page 26, line 20, leave out <(other then the creditor or the officer)>

 

New amendments to Bills lodged on 23 October 2002

Debt Arrangement and Attachment (Scotland) Bill - Stage 2

Schedule 3

Mr Jim Wallace

126 In schedule 3, page 37, line 14, at end insert-

<( ) In paragraph 24 (effect of apparent insolvency on poindings and arrestments) of Schedule 7-

(a) in sub-paragraph (1), for "poindings" there is substituted "attachments"; and

(b) in sub-paragraph (3)-

(i) for "poinding", where it first occurs, there is substituted "attachment";

(ii) for "a poinding", where it first occurs, there is substituted "an attachment";

(iii) for "a poinding", where it second occurs, there is substituted "an attaching";

(iv) for "a sale" there is substituted "an auction"; and

(v) for "poinded" there is substituted "attached".>

 

New amendments to Bills lodged on 24 October 2002

Debt Arrangement and Attachment (Scotland) Bill - Stage 2

Section 46

Tommy Sheridan

127 In section 46, page 24, line 40, leave out <debtor's financial circumstances> and insert <financial circumstances of the debtor, or any person with whom the debtor resides and who is financially dependent on the debtor or on whom the debtor is financially dependent.

( ) In any case where the sheriff is satisfied, on the basis of any declaration or representation made under subsection (4)(g)(iii) above, that a person mentioned in that subsection is in receipt of-

(a) income support;

(b) income-based jobseeker's allowance;

(c) working families' tax credit,

(d) disabled person's tax credit,

an exceptional attachment order shall not be made.>

Section 52

Mr Jim Wallace

128 In section 52, page 27, line 38, leave out from <or> to end of line 3 on page 28

Mr Jim Wallace

129 In section 52, page 28, line 4, at end insert-

<( ) Where the sheriff is satisfied that-

(a) articles likely to be of sentimental value to the debtor were kept in a dwellinghouse when an exceptional attachment order was executed in the dwellinghouse;

(b) those articles are likely to realise, on sale by auction, an aggregate amount not exceeding 150 or such other amount as may be prescribed in regulations made under section 50(b) above; and

(c) an article of that type has been attached in execution of the exceptional attachment order,

the sheriff shall grant an order under subsection (2) above in respect of the attached article.>

 

New amendments to Bills lodged on 10 October 2002

Land Reform (Scotland) Bill - Stage 2

After section 56

Mr Alasdair Morrison

397 After section 56, insert-

<Chapter

Compulsory purchase

Power to purchase registered land compulsorily

(1) Where-

(a) a community interest in land has been registered under section 34 above;

(b) a ballot has been held under section 47 above on the question whether the community body should buy the land,

the local authority within whose area the land is situated may, subject to subsection (2), apply to Ministers for authority to purchase the land compulsorily on behalf of the community body.

(2) An application under subsection (1) above may be made only if the authority consider that-

(a) purchasing the land compulsorily would be an appropriate exercise of their power under section 21 of the Local Government in Scotland Act 2002 (asp 00) (which includes power to do anything considered likely to promote or improve the well-being of persons within the authority's area); and

(b) the community body, if the land was so purchased on its behalf, would use the land in a way that promoted its sustainable use and development; and

(c) there is no reasonable likelihood of the community body being able to exercise the right to buy under this Part of this Act within a reasonable period.

(3) An application under subsection (1) above shall be made in such form as may be prescribed, and the authority shall serve copies on-

(a) the owner of the land; and

(b) the community body.

(4) On determining an application under subsection (1) above, Ministers shall-

(a) notify the authority, the owner of the land and the community body of their decision; and

(b) if they approve the application, appoint a valuer to assess the value of the land as at the date of Ministers' approval of the application.

(5) Subsections (3), (5), (6), (7)(a) and (c) and (10) of section 55 above, and section 56 above, apply to a valuer appointed under subsection (4)(b) above as they apply to a valuer appointed under section 55(1) above but as if-

(a) for any reference to the community body which is exercising its right to buy the land, there were substituted a reference to the community body; and

(b) in section 55(3), after the reference to the owner of the land, there was added a reference to the authority.

(6) Where an application under subsection (1) above is approved by Ministers, the authority may-

(a) purchase the land compulsorily for the price fixed by the valuer appointed under subsection (4)(b) above; and

(b) transfer ownership of the land, without charge, to the community body or otherwise secure for the community body rights in relation to the use of the land equivalent to those of ownership.

(7) Where the land is purchased compulsorily under subsection (6)(a) above-

(a) the community body's right to buy the land is, on the date of purchase, extinguished; and

(b) Ministers shall direct the Keeper to delete the community body's interest from the Register.>

After section 57

Mr Alasdair Morrison

398 After section 57, insert-

<Appeals: compulsory purchase

(1) An appeal to the sheriff may, by summary application, be made-

(a) by-

(i) the owner of the land;

(ii) a person who is a member of a community as defined for the purposes of section 31(1)(a) above in relation to the community body or who has any interest in the land giving rise to a right which is legally enforceable by that person,

against a decision by Ministers to approve an application under section (Power to purchase registered land compulsorily)(1) above;

(b) by-

(i) the local authority; or

(ii) the community body,

against a decision by Ministers not to approve such an application.

(2) An appeal under subsection (1) above shall be lodged within 28 days of the date on which Ministers determined the application.

(3) Subsections (5) and (7) of section 57 above apply to an appeal under subsection (1) above as they apply to an appeal under subsection (1), (2) or (3) of that section.

(4) Where an appeal is made-

(a) under subsection (1)(a)(i) above, the owner shall intimate that fact to-

(i) the community body;

(ii) the local authority; and

(iii) Ministers;

(b) under subsection (1)(a)(ii) above, the member of the community shall intimate that fact to-

(i) the owner;

(ii) the community body;

(iii) the local authority; and

(iv) Ministers;

(c) under subsection (1)(b)(i) or (ii) above, the local authority or, as the case may be, the community body shall intimate that fact to-

(i) the owner;

(ii) Ministers; and

(iii) the community body or, as the case may be, the local authority.

(5) Section 58 below applies where the value of land has been assessed by a valuer appointed under section (Power to purchase registered land compulsorily)(4)(b) above as it applies where a valuer has been appointed under section 55(1) above but as if, in subsection (1), for the reference to the community body which is exercising its right to buy the land, there was substituted a reference to the local authority.>

 

Long Title

Mr Alasdair Morrison

399 In the long title, page 1, line 4, after <connection> insert <or a local authority may apply for authority to purchase that land compulsorily on the communities' behalf>

 

New amendments to Bills lodged on 22 October 2002

Land Reform (Scotland) Bill - Stage 2

Section 31

Ross Finnie

400 In section 31, page 20, line 18, leave out <sustainable development of the community> and insert <development of the community in a manner which is compatible with furthering the achievement of sustainable development>

Ross Finnie

401 In section 31, page 21, line 2, leave out from <; and> to end of line 5

Ross Finnie

402 In section 31, page 21, line 7, leave out from second <the> to <situated> in line 9 and insert <a postcode unit or postcode units>

Ross Finnie

403 In section 31, page 21, line 10, leave out from <entitled> to end of line 11 and insert-

<(i) resident in that postcode unit or in one of those postcode units; and

(ii) entitled to vote, at a local government election, in a polling district which includes that postcode unit or those postcode units (or part of it or them)>

Ross Finnie

404 In section 31, page 21, line 11, at end insert-

<( ) In subsection (4) above, "postcode unit" means an area, determined by the Registrar General for Scotland, in relation to which a single postcode is used to facilitate the identification of postal service delivery points within the area.>

Section 35

Ross Finnie

405 In section 35, page 25, line 20, leave out from <will> to end of line 21 and insert <is compatible with furthering the achievement of sustainable development>

Ross Finnie

406 In section 35, page 25, line 35, leave out subsection (3)

Section 47

Ross Finnie

407 In section 47, page 33, line 15, leave out from third <the> to end of line 16 and insert <furthering the achievement of sustainable development>

Ross Finnie

408 In section 47, page 33, line 22, leave out subsection (4)

Section 55

Ross Finnie

409 In section 55, page 39, line 8, after <is> insert <the aggregate of-

(a)>

Ross Finnie

410 In section 55, page 39, line 10, at end insert <; and

(b) where a community body is exercising a right to buy which has arisen in relation to part only of the land in respect of which the owner has given notice under section 44(1) above that a transfer is proposed, the amount of any diminution in the value of the other part of that land which is attributable to the fact that part only of the land is being bought by the body.>

Ross Finnie

411 In section 55, page 39, line 11, leave out from <the> to end of line and insert <, for those purposes, the value which land would have in the circumstances mentioned in subsection (6)(a) above>

Ross Finnie

412 In section 55, page 39, leave out lines 18 to 22

Ross Finnie

413 In section 55, page 39, leave out lines 28 and 29

Section 65

Ross Finnie

414 In section 65, page 44, line 35, at end insert-

<( ) In this Part of this Act, "inland waters" has the same meaning as in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c.26).>

Section 68

Ross Finnie

415 In section 68, page 46, line 12, leave out <sustainable development of the crofting community> and insert <development of the crofting community in a manner which is compatible with furthering the achievement of sustainable development>

Ross Finnie

416 In section 68, page 46, line 33, leave out from <; and> to end of line 38

Section 70

Ross Finnie

417 In section 70, page 48, line 21, leave out subsection (6)

Ross Finnie

418 In section 70, page 48, line 28, at end insert <; and

(b) where there is a standard security over an interest in any subjects to which the application relates, send a copy of its application and the accompanying information to the creditor who holds the standard security and invite the creditor-

(i) to notify the crofting community body and Ministers, within 60 days of receipt of the invitation, if any of the circumstances set out in subsection (7A) below has arisen (or arises within 60 days of receipt of the invitation); and

(ii) if such notice is given, to provide Ministers, within that time, with the creditor's views in writing on the application.

(7A) Those circumstances are that-

(a) a calling-up notice has been served by the creditor under section 19 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) in relation to the subjects in which the crofting community body is seeking to exercise its right to buy or any part of those subjects and that notice has not been complied with;

(b) a notice of default served by the creditor under section 21 of that Act in relation to those subjects or any part of those subjects has not been complied with and the person on whom the notice was served has not, within the period specified in section 22 of that Act, objected to the notice by way of application to the court;

(c) where that person has so objected, the court has upheld or varied the notice of default; and

(d) the court has granted the creditor a warrant under section 24 of that Act in relation to those subjects or any part of those subjects.>

Ross Finnie

419 In section 70, page 48, line 40, at end insert-

<( ) If the subjects of the application include land other than eligible croft land, the invitation given under subsection (8)(a)(i) above shall seek the consent of the owner of that eligible additional land to its sale under this Part of this Act.>

Section 71

Ross Finnie

420 In section 71, page 50, line 7, leave out from <will> to end of line 11 and insert <is compatible with furthering the achievement of sustainable development;>

Ross Finnie

421 In section 71, page 50, line 14, leave out <sustainable>

Ross Finnie

422 In section 71, page 50, line 15, leave out from <as> to end of line 16 and insert <in relation to that body in pursuance of section 68 above>

Ross Finnie

423 In section 71, page 50, line 18, leave out from <and> to first <community> in line 19

Section 72

Ross Finnie

424 In section 72, page 51, line 14, leave out <7> and insert <21>

Ross Finnie

425 In section 72, page 51, line 14, after second <ballot> insert <(or, if its application under section 70 above is given before the expiry of that period, together with the application)>

Ross Finnie

426 In section 72, page 51, line 24, at end insert-

<( ) Any person who, whether alone or in common with others-

(a) has a right of pasture or grazing, or holds a common grazing, within the land which the crofting community body has applied to buy or, as the case may be, within land over which the sporting interests which the crofting community body has applied to buy may be exercised; or

(b) holds any part of that land runrig,

is, for the purposes of this section, to be regarded as a tenant of a croft within the land which the body proposes to buy.>

Section 73

Ross Finnie

427 In section 73, page 51, line 29, at end insert-

<( ) Ministers may not make such a decision unless they have had regard to all views on each of the applications, and responses thereto, which they have received in answer to invitations under section 70 above.>

Ross Finnie

428 In section 73, page 51, line 32, at end insert <; and

(b) they shall notify-

(i) the owner of the land or person entitled to the sporting interests; and

(ii) the bodies

of that fact.>

Section 74

Ross Finnie

429 In section 74, page 52, line 11, leave out <sustainable>

Ross Finnie

430 In section 74, page 52, line 11, leave out from <, defined> to end of line 12

Ross Finnie

431 In section 74, page 52, line 12, at end insert-

<( ) that such development is compatible with furthering the achievement of sustainable development;>

Section 80

Ross Finnie

432 In section 80, page 55, line 9, at end insert-

<( ) Ministers have consented to the application; and

( ) the crofting community body and the owner of the land have not, prior to consent being given, provided Ministers with a copy of an agreement between them on the terms and conditions of the lease of those interests.>

Ross Finnie

433 In section 80, page 55, line 10, leave out <On being so notified, Ministers shall> insert <Where this section applies Ministers shall, within 7 days of consenting to the application,>

Ross Finnie

434 In section 80, page 55, line 21, after <shall> insert <, forthwith on completion of the transfer of the land,>

Ross Finnie

435 In section 80, page 55, line 21, at end insert-

<( ) If a crofting community body refuses or fails to grant a lease in accordance with such terms and conditions as have been determined, the Land Court may authorise its principal clerk to adjust, execute and deliver the lease to the like force and effect as if done by the crofting community body.>

Ross Finnie

436 In section 80, page 55, line 22, leave out subsection (6)

Section 82

Ross Finnie

437 In section 82, page 56, line 11, leave out from <a> to <above> in line 12 and insert <21 days of the date of notification under section 85(11) below>

Ross Finnie

438 In section 82, page 56, line 20, leave out <acknowledge> and insert <, within 7 days of>

Ross Finnie

439 In section 82, page 56, line 20, after <above> insert <, acknowledge receipt>

Section 84

Ross Finnie

440 In section 84, page 58, line 17, leave out <or interests>

Ross Finnie

441 In section 84, page 58, line 20, leave out <or interests>

Ross Finnie

442 In section 84, page 58, line 20, at end insert-

<( ) Where such a security also burdens land other than the land in respect of which title is granted to the crofting community body, the security shall not, by virtue of subsection (6) above, cease to burden that other land.>

Ross Finnie

443 In section 84, page 58, line 21, leave out <owner or person entitled to the interests> and insert <crofting community body>

Ross Finnie

444 In section 84, page 58, line 23, after <sum> insert <which would, but for this subsection, be>

Ross Finnie

445 In section 84, page 58, line 23, leave out <or person entitled to the interests>

Ross Finnie

446 In section 84, page 58, line 24, at end insert-

<( ) Any sum paid by a crofting community body under subsection (7) above shall be deducted from the sum which the body is to pay to the owner as consideration for the land.>

Section 85

Ross Finnie

447 In section 85, page 58, line 28, after <shall> insert <, subject to subsection (1A) below,>

Ross Finnie

448 In section 85, page 58, line 29, after <valuer> insert <, being a person who appears to Ministers to be suitably qualified, independent and to have knowledge and experience of valuing land or sporting interests of a kind which is similar to the land or sporting interests being bought,>

Ross Finnie

449 In section 85, page 58, line 30, at end insert-

<(1A) Where Ministers refer a question to the Land Court under section 80(2) above they shall delay appointing the valuer until a day which is within 7 days of the day on which the Land Court makes its determination in respect of that reference.>

Ross Finnie

450 In section 85, page 58, line 36, at end insert <; and

(b) shall act as an expert and not as an arbiter>

Ross Finnie

451 In section 85, page 58, line 39, after <is> insert <the aggregate of-

(a)>

Ross Finnie

452 In section 85, page 58, line 41, at end insert-

<(b) any depreciation in the value of other land or interests belonging to the seller which may result from the transfer of land or interests, including depreciation caused by division of the land or interests by the transfer of land or interests to the crofting community body; and

(c) the amount attributable to any disturbance to the seller which may arise in connection with the transfer of the land or interests to the crofting community body.>

Ross Finnie

453 In section 85, page 58, line 42, leave out from <at> to end of line and insert <, for the purposes of this section, at the value which land or interests would have on the open market in the circumstances mentioned in subsection (5)(a) above>

Ross Finnie

454 In section 85, page 59, leave out lines 8 to 13

Ross Finnie

455 In section 85, page 59, line 14, at end insert-

<( ) any depreciation of the type mentioned in subsection (5)(b) above;

( ) any disturbance of the type mentioned in subsection (5)(c) above;>

Ross Finnie

456 In section 85, page 59, leave out lines 15 and 16

Ross Finnie

457 In section 85, page 59, line 28, leave out subsection (10) and insert-

<( ) Where sporting interests in land which the body are seeking to buy are to be leased back to the owner of the land, the valuer shall, in assessing the value of those interests, take account of the terms and conditions of the lease which has been agreed between the owner and the body or, as the case may be, determined by the Land Court under section 80 above.>

Ross Finnie

458 In section 85, page 59, line 36, after <may> insert <, on an application by the valuer,>

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.

Shona Robison: Proposed Licensing Scheme for Retailers of Fireworks (Scotland) Bill-Proposal for a Bill to amend the Civic Government (Scotland) Act 1982 to extend the licensing provisions of the Act to include the retailers of fireworks. (lodged 10 October 2002)

Supported by: Margaret Smith, Mr John McAllion, Elaine Smith, Dennis Canavan, Nora Radcliffe, Ian Jenkins, Margaret Jamieson, Mr Keith Harding, Tricia Marwick, Nicola Sturgeon, Fergus Ewing, Robin Harper, Brian Adam, Robert Brown, Alex Neil, Dr Sylvia Jackson, Fiona Hyslop, Bill Butler, Irene McGugan*

 

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