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

 

Business Bulletin No. 159/2002

Thursday 7 November 2002

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 6 November 2002


Land Reform (Scotland) Bill - The Bill was reprinted as amended at Stage 2 (SP Bill 44A) (Executive Bill).

 

New amendments to Bills lodged on 6 November 2002

Criminal Justice (Scotland) Bill - Stage 2

After section 44

Paul Martin

35 After section 44, insert-

<Wilful damage to property by children

(1) Where a child commits an offence involving wilful destruction of or damage to property, the court or the children's hearing may require the parents of the child to pay compensation to the owner of the property.

(2) The amount of compensation shall not exceed the cost of repair, or as the case may be, the replacement cost of the property.

(3) In determining the amount of compensation to be paid, the court or the children's hearing shall take into account the financial circumstances of the child's parents.

(4) In this section-

"child" has the same meaning as in section 43(1); and

"parent" means any person with parental responsibilities as defined in the Children (Scotland) Act 1995 (c.36).>

Paul Martin

36 After section 44, insert-

<Powers of children's hearing to place requirements on parents

(1) A children's hearing may, where it considers that this would serve the best interests of a child who is subject to a supervision requirement, require that the parent of that child be referred to a specified person or service in order that treatment or other assistance, whether undertaken or provided with a view to the reduction or elimination of the parent's dependency on or propensity to misuse drugs or alcohol, or for any other reason which the children's hearing considers would improve the child's welfare, may be provided to the parent.

(2) In this section-

"child" has the same meaning as in section 43(1); and

"parent" means any person with parental responsibilities as defined in the Children (Scotland) Act 1995 (c.36).>

After section 61

Paul Martin

37 After section 61, insert-

<Assaults on members of fire brigades or emergency medical personnel etc.

(1) Any person who assaults, resists, obstructs, molests or hinders a member of the fire brigade or a member of any emergency medical service (including a member of the crew of an ambulance or a paramedic) in the execution of their duty shall be guilty of an offence and on summary conviction shall be liable-

(a) where the person has not, within the period of two years immediately preceding the commission of the said offence, been convicted of an offence under this section, to a fine not exceeding level 4 on the standard scale, to imprisonment for a period not exceeding three months, or to both;

(b) where the person has, within the period first mentioned in paragraph (a), been convicted of an offence under this section, to imprisonment for a period not exceeding nine months, to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the 1995 Act, or to both.

(2) In subsection (1) above "person" does not include a person who is receiving the assistance of the fire brigade or of the emergency medical service.>

Section 62

Mr Jim Wallace

Supported by: Dr Richard Simpson

38 In section 62, page 61, line 8, at end insert <(section 247 of that Act being disregarded for the purposes of this head)>

Debt Arrangement and Attachment (Scotland) Bill - Stage 3

Section 2

Mr Jim Wallace

1 In section 2, page 1, line 18, after <specify> insert <, to the best of the debtor's knowledge and belief,>

Mr Jim Wallace

2 In section 2, page 2, line 15, leave out subsection (5)

Section 12

Mr Jim Wallace

3 In section 12, page 7, line 38, leave out <, New Year's Day, Good Friday, Christmas Day> and insert-

<(b) a day which is a public holiday in the area in which the attachment is to be executed;>

Section 15

Mr Jim Wallace

4 In section 15, page 8, line 38, leave out <within 14 days of the execution of the attachment> and insert <, on or before the day which immediately precedes the day on which the articles are to be auctioned,>

Section 47

Mr Jim Wallace

5 In section 47, page 26, line 19, leave out <lesser> and insert <greater>

Mr Jim Wallace

6 In section 47, page 26, line 29, leave out <lesser> and insert <greater>

Section 49

Mr Jim Wallace

7 In section 49, page 27, line 21, leave out <(other than the creditor or the officer)>

Section 55

Mr Jim Wallace

8 In section 55, page 29, line 37, at end insert-

<( ) The decision of the sheriff principal on such an appeal is final.>

Section 57

Mr Jim Wallace

9 In section 57, page 30, line 15, at end insert <as if sections 56(2) above and 59 below had not come into force>

Mr Jim Wallace

10 In section 57, page 30, line 16, after <have> insert <that>

Mr Jim Wallace

11 In section 57, page 30, line 27, at end insert-

<( ) paragraph 24 of Schedule 7 to the Bankruptcy (Scotland) Act 1985 (c.66);>

Schedule 3

Mr Jim Wallace

12 In schedule 3, page 44, line 13, leave out paragraph 35

Mr Jim Wallace

13 In schedule 3, page 44, line 35, at end insert-

<In Regulation 33 of the Civil Legal Aid (Scotland) Regulations 2002, for paragraph (c) there is substituted-

"(c) in respect of any article-

(i) which has, or has purported to have, been attached; and

(ii) in respect of which the sheriff has by virtue of subsection (3) of section 52 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 00), made an order under subsection (2) of that section;

(d) in respect of any article which is recovered or preserved from the effects of an attachment which, by virtue of-

(i) section 11(1) of that Act of 2002; or

(ii) the article not being a non-essential asset for the purposes of Part 3 of that Act,

is incompetent.".>

 

Water Environment and Water Services (Scotland) Bill - Stage 2

Section 3

Ross Finnie

Supported by: Allan Wilson

1 In section 3, page 3, line 25, at end insert <but does not include any water beyond the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland.>

Ross Finnie

Supported by: Allan Wilson

2 In section 3, page 3, line 34, at end insert-

<( ) water treatment works,>

Section 7

Ross Finnie

Supported by: Allan Wilson

3 In section 7, page 5, line 30, leave out <prepare and maintain> and insert-

<(a) by 22nd December 2004 prepare, and

(b) thereafter maintain,>

Ross Finnie

Supported by: Allan Wilson

4 In section 7, page 5, leave out line 34

Section 8

Ross Finnie

Supported by: Allan Wilson

5 In section 8, page 6, line 25, after <water> insert <adjacent to the district>

Ross Finnie

Supported by: Allan Wilson

6 In section 8, page 6, line 27, leave out <strategy> and insert <programme>

Ross Finnie

Supported by: Allan Wilson

7 In section 8, page 6, line 28, leave out <strategy> and insert <programme>

Ross Finnie

Supported by: Allan Wilson

8 In section 8, page 6, line 28, at end insert-

<(2A) Monitoring in accordance with the monitoring programme must be commenced by 22nd December 2006.

(2B) Subsection (2A) is subject to any provision made in regulations by virtue of subsection (3)(ca).>

Ross Finnie

Supported by: Allan Wilson

9 In section 8, page 6, line 34, at end insert-

<(ca) for monitoring in accordance with the monitoring programme to be commenced in relation to such protected areas (within the meaning of section 7(3)) or descriptions of protected area as are specified in the regulations by such date (other than that specified in subsection (2A)) as is specified in or determined under the regulations,>

Ross Finnie

Supported by: Allan Wilson

10 In section 8, page 6, line 37, leave out <strategy> and insert <programme>

Ross Finnie

Supported by: Allan Wilson

11 In section 8, page 6, line 39, leave out <strategy> and insert <programme>

Section 9

Ross Finnie

Supported by: Allan Wilson

12 In section 9, page 7, line 9, leave out from <for> to end of line 10 and insert-

<(a) set environmental objectives for each body of water in the district, and

(b) prepare a programme of measures to be applied to achieve those objectives.>

Ross Finnie

Supported by: Allan Wilson

13 In section 9, page 7, line 10, at end insert-

<( ) In setting environmental objectives and preparing a programme of measures under this section, SEPA must take account of the characterisation of the river basin district concerned (and any review of it) carried out under section 5.>

Ross Finnie

Supported by: Allan Wilson

14 In section 9, page 7, line 11, leave out <Such> and insert <Environmental>

Ross Finnie

Supported by: Allan Wilson

15 In section 9, page 7, line 13, leave out <provision as to> and insert <further provision as to the setting of environmental objectives and the preparation of programmes of measures under this section.

( ) Regulations under subsection (3) making provision as to the setting of environmental objectives under this section may, in particular, include provision as to-

( ) the types of environmental objective which may be set for particular descriptions of body of water,>

Ross Finnie

Supported by: Allan Wilson

16 In section 9, page 7, line 19, at end insert-

<( ) Regulations under subsection (3) making provision as to the preparation of programmes of measures under this section may, in particular, include provision as to-

(a) the types of measures which must or may be included in such a programme,

(b) the date by which such a programme is to be prepared,

(c) the methods and procedures to be followed in preparing such a programme.

( ) In this section, "environmental objectives" means the objectives required to comply with Article 4 of the Directive together with any objectives required to comply with paragraphs 2 and 3 of Article 7 of the Directive.>

Schedule 1

Ross Finnie

Supported by: Allan Wilson

17 In schedule 1, page 25, line 15, leave out from first <to> to end of line 16 and insert <prepared under section 9 to be applied to achieve those objectives.>

Ross Finnie

Supported by: Allan Wilson

18 In schedule 1, page 25, line 33, after second <measures> insert <prepared under section 9>

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, Tommy Sheridan, Kenneth Gibson, Linda Fabiani, Iain Smith, Donald Gorrie

 

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