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Contents
A: Daily Business
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. 2/2003

Tuesday 7 January 2003

Section G: Bills: Notices and Amendments

  

Objections to Private Bills

No objections have been lodged to the National Galleries of Scotland Bill under Rule 9A.6.1.

New amendments to Bills lodged on 24 December 2002

Title Conditions (Scotland) Bill - Stage 2

Section 77

Mr Jim Wallace

Supported by: Hugh Henry

244 In substitution for amendment 143-

In section 77, page 34, line 16, leave out from <when> to <above> in line 17 and insert <of cessation>

Section 97

Mr Jim Wallace

Supported by: Hugh Henry

245 In section 97, page 46, line 19, leave out <the word "; and" and the following head> and insert <the following heads>

Section 98

Mr Jim Wallace

Supported by: Hugh Henry

246 In section 98, page 47, line 17, leave out <of that Schedule>

Mr Jim Wallace

Supported by: Hugh Henry

  1. In section 98, page 47, line 30, after <sub-paragraph (a)> insert <or (b)>

New amendments to Bills lodged on 6 January 2003

Land Reform (Scotland) Bill - Stage 3

Section 65

Bill Aitken

1 Leave out section 65

Section 66

Bill Aitken

2 Leave out section 66

Section 67

Bill Aitken

3 Leave out section 67

Section 68

Bill Aitken

4 Leave out section 68

Section 69

Bill Aitken

5 Leave out section 69

Section 70

Bill Aitken

6 In section 70, page 46, line 20, at end insert-

<( ) That right may not be exercised within five years of any previous application under this Part of this Act to buy the same land or any part of it.>

Bill Aitken

7 Leave out section 70

Section 71

Bill Aitken

8 In section 71, page 49, line 28, leave out <is compatible with furthering> and insert <will improve>

Bill Aitken

9 In section 71, page 49, line 29, at end insert-

<( ) that the crofting community body will not require any financial support from public funds in the 10 years following the date of its acquisition of the land to which the application relates;>

Bill Aitken

10 In section 71, page 49, line 34, at end insert-

<( ) that, where the subjects of the application are salmon fishings, the acquisition of such fishings is necessary for the sustainable development of the associated croft land that is being, or has been, acquired;>

Bill Aitken

11 In section 71, page 49, line 34, at end insert-

<( ) that, where the subjects of the application are salmon fishings, the existing ownership of such fishings is not compatible with the sustainable development of those fishings.>

Bill Aitken

12 Leave out section 71

Section 72

Bill Aitken

13 In section 72, page 50, line 16, leave out <the majority> and insert <75 per cent>

Bill Aitken

14 Leave out section 72

Section 73

Bill Aitken

15 Leave out section 73

Section 74

Bill Aitken

16 Leave out section 74

Section 75

Bill Aitken

17 Leave out section 75

Section 76

Bill Aitken

18 Leave out section 76

Section 77

Bill Aitken

19 Leave out section 77

Section 78

Bill Aitken

20 Leave out section 78

Section 79

Bill Aitken

21 Leave out section 79

Section 80

Bill Aitken

22 Leave out section 80

Section 81

Bill Aitken

23 Leave out section 81

Section 82

Bill Aitken

24 Leave out section 82

Section 83

Bill Aitken

25 Leave out section 83

Section 84

Bill Aitken

26 Leave out section 84

Section 85

Bill Aitken

27 In section 85, page 60, line 3, at end insert-

<( ) any effect of the existence of this Act on land values.>

Bill Aitken

28 Leave out section 85

Section 86

Bill Aitken

29 Leave out section 86

Section 87

Bill Aitken

30 Leave out section 87

Section 88

Bill Aitken

31 Leave out section 88

Section 89

Bill Aitken

32 Leave out section 89

Section 90

Bill Aitken

33 Leave out section 90

Section 91

Bill Aitken

34 Leave out section 91

Section 92

Bill Aitken

35 Leave out section 92

Section 93

Bill Aitken

36 Leave out section 93

Section 94

Bill Aitken

37 Leave out section 94

Building (Scotland) Bill - Stage 2

Section 25

Angus MacKay

107 In section 25, page 18, line 13, at end insert-

<(14) Where it appears to a local authority to be necessary in the interests of health or safety or to prevent damage to any property that they should repair immediately a building in their area, they may without prior notice rectify such defects in the building as could have been specified in a notice under subsection (1) above had such a notice been served; and any person authorised by them may, on their behalf, for these purposes, enter the building and the land pertaining thereto.

(15) The local authority may recover from the owner of the building the expense of anything done by them under subsection (14) above or, where there is more than one owner, apportion such expense among them and recover from each the appropriate sum, but may remit any sum or any part of any sum due to them under this subsection as they think fit.>

Schedule 6

Angus MacKay

108 In schedule 6, page 40, line 38, leave out <subsection (1) is> and insert <subsections (1), (3) and (4) are>

Mental Health (Scotland) Bill - Stage 2

Section 227

Scott Barrie

234 In section 227, page 149, line 25, at end insert-

<( ) For the purposes of this Act a person shall be considered to have a "personality disorder" only if that person has attained the age of 18.>

After section 6

Shona Robison

235 After section 6, insert-

<Compulsory treatment orders: duty to notify Scottish Ministers and Scottish Parliament

The Commission shall monitor the number of compulsory treatment orders authorised by the Tribunal in each financial year of the Commission and where-

(a) the number of such orders authorised during any such year exceeds by more than five per cent the number authorised during the previous such year; or

(b) the number of such orders authorised during any such year which include the imposition of any requirements under section 54(1)(c) of this Act exceeds 200,

the Commission shall notify the Scottish Ministers and Scottish Parliament of that fact in writing, together with any other matter that the Commission considers relevant.>

After section 19

Mary Scanlon

Supported by: Shona Robison

236 After section 19, insert-

<Places of safety

(1) A Health Board shall provide, or ensure the provision of, a sufficient number of places of safety to meet the needs of persons with mental disorder in its area.

(2) In this section, "place of safety" has the same meaning as in section 198 of this Act.>

Section 21

Scott Barrie

237 In section 21, page 11, line 4, after <disorder> insert <or who are under the age of 18 and at significant risk of developing a mental disorder>

Scott Barrie

238 In section 21, page 11, line 5, after <persons> insert <, including services aimed at preventing the development, or inhibiting further development, of mental disorder>

Scott Barrie

239 In section 21, page 11, line 12, at end insert <; and

( ) education and associated activities.>

Section 51

Mr Adam Ingram

Supported by: Mary Scanlon

240 In section 51, page 29, line 9, leave out <"care> and insert <"recovery>

Mr Adam Ingram

Supported by: Mary Scanlon

241 In section 51, page 29, line 10, at end insert <for the purpose of reducing the likelihood that a compulsory treatment order will need to be made in the future>

Mr Adam Ingram

Supported by: Mary Scanlon

242 In section 51, page 29, line 11, leave out <care> and insert <recovery>

Mr Adam Ingram

Supported by: Mary Scanlon

243 In section 51, page 29, line 19, leave out <care> and insert <recovery>

Mr Adam Ingram

Supported by: Mary Scanlon

244 In section 51, page 30, line 10, at end insert <; and

( ) how the measures proposed in the plan are expected to aid the patient's recovery both during and after the period when the patient is subject to a compulsory treatment order.>

Mary Scanlon

245 In section 51, page 30, line 10, at end insert <; and

( ) how the measures proposed in the plan respect the patient's individual qualities, abilities and background and properly take into account the patient's age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.>

Mr Adam Ingram

Supported by: Mary Scanlon

246 In section 51, page 30, line 11, leave out <care> and insert <recovery>

Mr Adam Ingram

Supported by: Mary Scanlon

247 In section 51, page 30, line 14, at end insert <; and

( ) the patient, noting the patient's assent to or dissent from the plan>

Section 52

Mr Adam Ingram

Supported by: Mary Scanlon

248 In section 52, page 30, line 32, leave out <care> and insert <recovery>

Mr Adam Ingram

Supported by: Mary Scanlon

249 In section 52, page 31, line 3, leave out <care> and insert <recovery>

Section 54

Mary Scanlon

250 In section 54, page 32, line 30, leave out from <and> to end of line 2 on page 33

Mary Scanlon

251 In section 54, page 32, line 36, leave out from <monitoring> to end of line 38 and insert <visits in the patient's home, by any person responsible for providing medical treatment, community care services or relevant services to the patient, for the purpose of providing such medical treatment, community care services or relevant services as are specified in the compulsory treatment order;>

Mary Scanlon

252 In section 54, page 33, leave out lines 8 to 12

Section 58

Mr Adam Ingram

Supported by: Mary Scanlon

253 In section 58, page 34, line 4, leave out <care> and insert <recovery>

Section 60

Mr Adam Ingram

Supported by: Mary Scanlon

254 In section 60, page 35, line 6, leave out <care> and insert <recovery>

Section 62

Mr Adam Ingram

Supported by: Mary Scanlon

255 In section 62, page 36, line 2, leave out <care> and insert <recovery>

Section 74

Mr Adam Ingram

Supported by: Mary Scanlon

256 In section 74, page 42, line 9, leave out <care> and insert <recovery>

Section 83

Mary Scanlon

257 In section 83, page 47, line 22, leave out <14> and insert <7>

Mary Scanlon

258 In section 83, page 47, line 28, leave out <suspension and its duration> and insert <matters specified in subsection (5A) below.

(5A) Those matters are-

(a) the reasons for suspending the order;

(b) the period of suspension specified in the certificate; and

(c) any circumstances which would be likely to lead to revocation of the certificate, under subsection (5B) below, before the expiry of that period.

(5B) The responsible medical officer may, at any time during the period of suspension specified in the certificate, revoke it; and where such a certificate is so revoked, the compulsory treatment order shall immediately have effect as it did before it was suspended.

(5C) The responsible medical officer shall, not later than 7 days after revoking a certificate under subsection (5B) above, give notice to-

(a) the patient;

(b) the patient's named person;

(c) the Tribunal; and

(d) the Commission,

of the reasons for revoking the certificate.>

Section 188

Mary Scanlon

259 In section 188, page 121, line 32, leave out subsections (7) and (8)

After section 188

Mary Scanlon

260 After section 188, insert-

<Authority to provide treatment that conflicts with advance statement

(1) If, in respect of a person who has made and not withdrawn an advance statement that complies with subsection (2) of section 187 of this Act-

(a) the Tribunal makes a compulsory treatment order authorising treatment that conflicts with the wishes specified in the statement; or

(b) the Tribunal makes an order under subsection (3) below;

the Tribunal shall record in writing the reason for authorising the treatment or making the order, as the case may be, supplying the persons referred to in subsection (2) below with a copy of that record.

(2) Those persons are-

(a) the person who made the statement;

(b) the person's named person;

(c) the person's welfare attorney;

(d) the person's guardian; and

(e) where the Tribunal has made an order in accordance with subsection (3) below, the person's responsible medical officer.

(3) Where a person is subject to a compulsory treatment order and the person's responsible medical officer wishes to give, or direct others to give, treatment which conflicts with the wishes specified in the advance statement and is not authorised by the compulsory treatment order, the responsible medical officer may apply to the Tribunal for an order authorising the treatment to be given.

(4) On an application under subsection (3) above, the Tribunal shall-

(a) if satisfied that the treatment should be given, make the order mentioned in subsection (3) above; or

(b) if not satisfied that the treatment should be given, refuse the application.

(5) Before making a decision under subsection (4) above, the Tribunal shall allow the persons mentioned in subsection (6) below the opportunity of-

(a) making representations (whether orally or in writing); and

(b) producing evidence.

(6) Those persons are-

(a) the person who made the statement;

(b) the person's named person;

(c) the person's welfare attorney;

(d) the person's guardian; and

(e) the person's responsible medical officer.>

Section 197

Mary Scanlon

261 In section 197, page 129, line 17, at end insert-

<(2) Before making regulations under subsection (1) above the Scottish Ministers shall consult such persons as they consider appropriate.>

Section 205

Mary Scanlon

262 In section 205, page 137, line 25, at end insert <but only if and for so long as is immediately necessary in the circumstances.>

Section 104

Mr Adam Ingram

Supported by: Mary Scanlon

263 In section 104, page 80, line 4, leave out <care> and insert <recovery>

Section 219

Mr Adam Ingram

Supported by: Mary Scanlon

264 In section 219, page 146, line 18, leave out <care> and insert <recovery>

Section 228

Mr Adam Ingram

Supported by: Mary Scanlon

265 In section 228, page 149, line 33, leave out <"care> and insert <"recovery>

Section 231

Mr Adam Ingram

266 In section 231, page 152, line 25, after <Health> insert <(Care and Treatment)>

Title Conditions (Scotland) Bill - Stage 2

Section 77

Mr Jim Wallace

Supported by: Hugh Henry

248 In section 77, page 33, line 28, leave out <Where> and insert <If the circumstances are that>

Mr Jim Wallace

Supported by: Hugh Henry

249 In substitution for amendment 136-

In section 77, page 33, line 30, leave out from <before> to end of line 32

Mr Jim Wallace

Supported by: Hugh Henry

250 In section 77, page 33, line 39, leave out from beginning to <of> in line 40 and insert <If the circumstances are other than is mentioned in>

Section 90

Mr Jim Wallace

Supported by: Hugh Henry

251 In substitution for amendment 189-

In section 90, page 41, line 15, after <prevents;> insert-

<( ) whether the owner of the burdened property is willing to pay compensation;

( ) if the application is under section 81(1)(b)(ii) of this Act, the purpose for which the land is being acquired by the person proposing to register the conveyance;>

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.

Bill Butler: Proposed Direct Elections to National Health Service Boards (Scotland) Bill-Proposal for a Bill to require direct elections, for the public, to the majority of places on National Health Service Boards in Scotland (lodged 19 December 2002)

Supported by: Cathie Craigie, Margaret Jamieson, Scott Barrie, Jackie Baillie, Kate Maclean, Karen Whitefield, Mr Tom McCabe, Marilyn Livingstone, Paul Martin, Elaine Thomson, Helen Eadie, Johann Lamont, Pauline McNeill, Brian Fitzpatrick, Mr Michael McMahon, Karen Gillon, Janis Hughes

 

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