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

 

Business Bulletin No. 6/2003

Monday 13 January 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 10 January 2003

Building (Scotland) Bill - Stage 3

Section 1

Mr Kenny MacAskill

1 In section 1, page 1, line 11, after <power,> insert-

<( ) furthering the availability of broadband communication technology,>

Schedule 1

Mr Kenny MacAskill

2 In schedule 1, page 36, line 36, after <including> insert <broadband communication technology and other>

Agricultural Holdings (Scotland) Bill - Stage 2

Section 2

Stewart Stevenson

16 In section 2, page 2, line 12, leave out <25> and insert <30>

Stewart Stevenson

17 In section 2, page 2, line 12, leave out <25> and insert <35>

Stewart Stevenson

18 In section 2, page 2, line 12, leave out <25> and insert <40>

Ross Finnie

Supported by: Allan Wilson

19 In section 2, page 2, line 13, after <comprises> insert <or includes>

Section 5

Stewart Stevenson

20 In section 5, page 3, line 33, leave out <fifteen> and insert <twenty>

Stewart Stevenson

21 In section 5, page 3, line 33, leave out <fifteen> and insert <twenty-five>

Stewart Stevenson

22 In section 5, page 3, line 33, leave out <fifteen> and insert <thirty>

Stewart Stevenson

23 In section 5, page 4, line 4, leave out <15> and insert <20>

Stewart Stevenson

24 In section 5, page 4, line 4, leave out <15> and insert <25>

Stewart Stevenson

25 In section 5, page 4, line 4, leave out <15> and insert <30>

Stewart Stevenson

26 In section 5, page 4, line 7, leave out <15> and insert <20>

Stewart Stevenson

27 In section 5, page 4, line 7, leave out <15> and insert <25>

Stewart Stevenson

28 In section 5, page 4, line 7, leave out <15> and insert <30>

Stewart Stevenson

29 In section 5, page 4, line 11, leave out <15> and insert <20>

Stewart Stevenson

30 In section 5, page 4, line 11, leave out <15> and insert <25>

Stewart Stevenson

31 In section 5, page 4, line 11, leave out <15> and insert <30>

Stewart Stevenson

32 In section 5, page 4, line 12, leave out <15> and insert <20>

Stewart Stevenson

33 In section 5, page 4, line 12, leave out <15> and insert <25>

Stewart Stevenson

34 In section 5, page 4, line 12, leave out <15> and insert <30>

Section 8

Ross Finnie

Supported by: Allan Wilson

35 In section 8, page 5, line 18, leave out subsections (2) and (3) and insert-

<( ) At and after the expiry of the term of a limited duration tenancy, the tenancy continues to have effect in accordance with subsection (7) unless it is terminated in accordance with this section.>

Ross Finnie

Supported by: Allan Wilson

36 In section 8, page 5, line 24, leave out third <the> and insert <a limited duration>

Stewart Stevenson

37 In section 8, page 5, line 38, leave out <fifteen> and insert <twenty>

Stewart Stevenson

38 In section 8, page 5, line 38, leave out <fifteen> and insert <twenty-five>

Stewart Stevenson

39 In section 8, page 5, line 38, leave out <fifteen> and insert <thirty>

Ross Finnie

Supported by: Allan Wilson

40 In section 8, page 6, line 21, at end insert-

<(13A) At or after the expiry of the term of a limited duration tenancy, the tenant may terminate the tenancy by giving a notice under this subsection to the landlord.

(13B) A notice under subsection (13A) must-

(a) be in writing and state that the tenant intends to quit the land on the expiry of the term of the tenancy or, as the case may be, a continuation of the tenancy; and

(b) be given not less than one year nor more than two years before the expiry of the term of the tenancy or, as the case may be, continuation.>

Section 16

Ross Finnie

Supported by: Allan Wilson

41 In section 16, page 11, line 30, leave out <termination> and insert <resumption>

Section 17

Ross Finnie

Supported by: Allan Wilson

42 In section 17, page 11, line 41, after <with> insert-

<(a) an agreement entered into under any enactment by the tenant; or

(b)>

Section 35

Ross Finnie

Supported by: Allan Wilson

43 In section 35, page 24, line 27, after <notice> insert <(in this section and section (Imposition of conditions by the Land Court) referred to as>

Ross Finnie

Supported by: Allan Wilson

44 In section 35, page 25, line 15, after <(2)(d);> insert-

<( ) where the landlord has made-

(i) a request for information under subsection (6), the date falling 70 days from the making of the request; or

(ii) more than one such request, the date falling 70 days from making of the later or, as the case may be, latest request,

if later than the date so specified;>

Ross Finnie

Supported by: Allan Wilson

45 In section 35, page 26, line 15, at end insert <(and the reasons for imposing them).>

After section 35

Ross Finnie

Supported by: Allan Wilson

46 After section 35, insert-

<Imposition of conditions by the Land Court

(1) Where the Land Court determines that an objection by the landlord to a notice of diversification is unreasonable-

(a) the objection is of no effect; and

(b) the land may be used-

(i) as mentioned in paragraph (a) of subsection (4) of section 35; and

(ii) from such date as the Court may fix,

subject to any conditions imposed under subsection (2).

(2) Where, by virtue of subsection (1), the land may be used as mentioned in section 35(4)(a), the Land Court may impose on the tenant such reasonable conditions in relation to the use of the land as so mentioned as it considers appropriate.

(3) Where the Land Court determines that a condition imposed by the landlord under section 35(10) is unreasonable, the Court may-

(a) remove the condition; and

(b) in its place, impose on the tenant such reasonable conditions as it considers appropriate.>

Section 45

John Farquhar Munro

47 In substitution for amendments 9, 10 and 11-

Leave out section 45

Section 57

Ross Finnie

Supported by: Allan Wilson

48 In section 57, page 36, line 23, after <with> insert-

<(a) an agreement entered into under any enactment by the tenant; or

(b)>

 

Homelessness etc. (Scotland) Bill - Stage 2

Section 1

Robert Brown

24 In section 1, page 1, line 18, after <Crown;> insert-

<( ) having been a refugee;>

After section 3

Robert Brown

25 After section 3, insert-

<Support for homeless persons

Support for persons who are homeless or threatened with homelessness

(1) In section 28(2) (further inquiries in case of homelessness and threatened homelessness) of the 1987 Act, after paragraph (b) insert "and" and the following paragraph-

"(c) whether or not he or any member of his family unit needs housing support services (within the meaning of section 91(8) of the Housing (Scotland) Act 2001 (asp 10)) or other advice, treatment, support or facilities to enable him to sustain a tenancy in the future."

(2) In section 30 (notification of decision and reasons) of that Act, after subsection (4A) insert-

"(4B) They shall also notify him, on completing their inquiries under section 28, of their decision on the extent of any housing support services, or other advice, treatment, support or facilities needed by him."

(3) In section 31 (duties to persons found to be homeless) of that Act, after subsection (4) insert-

"(4A) Where they are of the view that housing support services or other advice, treatment, support or facilities are needed by him or another member of his family unit to enable him to sustain a tenancy in the future, it shall be the duty of the local authority to ensure that such services and facilities as are appropriate are made available to him."

(4) In section 37 (guidance to authorities by the Secretary of State), after subsection (1) insert-

"(1A) Without prejudice to the generality of subsection (1), such guidance shall include guidance as to -

(a) the most appropriate framework for the delivery of housing support services or the other advice, treatment, support or facilities referred to in section 28(2)(c) of this Act,

(b) the type and sources of such services, advice, treatment, support or facilities,

(c) how and when detailed assessment of such services, advice, treatment, support or facilities should be carried out."

Section 5

Karen Whitefield

26 In section 5, page 4, line 25, leave out <provide him with> and insert <secure the provision to him of>

Robert Brown

27 In section 5, page 4, line 26, after <Act)> insert <or such other advice, treatment, support or other facilities>

Robert Brown

28 In section 5, page 4, line 27, after second <to> insert <, and is able to sustain the tenancy of,>

Section 6

Robert Brown

29 In section 6, page 5, line 19, at end insert-

<(6B) Where a tenancy is a short Scottish secure tenancy by virtue of paragraph 5A of schedule 6, the local authority or landlord may, in cases of urgent necessity, and on service of a notice in such form as may be prescribed by the Scottish Ministers, secure that alternative accommodation (secured by a short Scottish secure tenancy as before) to that originally provided becomes available for the tenants' occupation; and, on the expiry of a period of 7 days from the service of such notice, the existing short Scottish secure tenancy shall cease to have effect.">

Robert Brown

30 In section 6, page 5, line 24, after <services> insert <or such other advice, treatment, support or other facilities>

Robert Brown

31 In section 6, page 5, line 25, after <enabling> insert <the applicant to sustain a tenancy in the future and to enabling>

After section 6

Robert Brown

32 After section 6, insert-

<Application of section 27 of the 1987 Act to refugees and persons moving for reasons of employment

<( ) In section 27(2)(a) (circumstances in which residence in a district is not of a person's own choice) of the 1987 Act, after sub-paragraph (ii) insert-

"(iii) went to reside there solely or mainly in order to obtain employment, or

(iv) was resident in accommodation provided by the National Asylum Support Service, or".>

Mental Health (Scotland) Bill - Stage 2

Section 88

Shona Robison

273 In section 88, page 51, line 31, at beginning insert <for the purpose of receiving treatment for mental disorder,>

Shona Robison

274 In section 88, page 51, line 33, at end insert <; and

(ii) is managed by a National Health Service trust or Island Health Board other than the trust or Board which manages the hospital specified in the compulsory treatment order.>

Section 162

Shona Robison

275 In section 162, page 104, line 39, leave out <or 164>

Section 164

Shona Robison

276 Leave out section 164

Section 165

Shona Robison

277 In section 165, page 106, line 38, leave out <or 167>

Section 166

Shona Robison

278 In section 166, page 107, line 7, leave out from <the> to <practitioner> in line 8 and insert <a designated medical practitioner who is not the patient's responsible medical officer>

Section 167

Shona Robison

279 Leave out section 167

Section 172

Shona Robison

280 In section 172, page 110, line 36, leave out <164,>

Shona Robison

281 In section 172, page 110, line 36, leave out <167>

Section 173

Shona Robison

282 In section 173, page 111, line 16, leave out <164,>

Shona Robison

283 In section 173, page 111, line 16, leave out <167>

Section 174

Shona Robison

284 In section 174, page 111, line 21, leave out <164,>

Shona Robison

285 In section 174, page 111, line 21, leave out <167>

Shona Robison

286 In section 174, page 111, line 31, leave out <167>

Before section 184

Shona Robison

287 Before section 184, insert-

<Compulsory treatment orders: inquiries

Scottish Ministers' duty to inquire into granting of community treatment orders

(1) Where the number of compulsory treatment orders authorised by the Tribunal during the financial year of the Commission which include the imposition of any requirements under section 54(1)(c) of this Act exceeds 200, the Scottish Ministers shall inquire, or commission an inquiry, into the reasons for this number of compulsory treatment orders being authorised.

(2) Such an inquiry shall also consider what measures, if any, ought to be taken to reduce the number of such compulsory treatment orders being authorised by the Tribunal.

(3) The Scottish Ministers shall commence, or secure the commencement of, such an inquiry within one month of the Commission submitting a report under section 15(1) of this Act, and shall publish and lay before the Scottish Parliament a report on the inquiry's conclusions within one year of the inquiry being commenced.

(4) In this section, "the financial year of the Commission" has the same meaning as in section 15(3) of this Act.>

Public Appointments and Public Bodies etc. (Scotland) Bill - Stage 3

Section 2

Tricia Marwick

1 In section 2, page 2, line 38, leave out <may> and insert <must>

Schedule 1

Tricia Marwick

2 In schedule 1, page 14, line 7, at end insert-

<( ) a member of the House of Lords;>

Title Conditions (Scotland) Bill - Stage 2

Note: The following amendment was lodged as a manuscript amendment under Rule 9.10.6. The Convener of the Justice 1 Committee has agreed under that Rule that it may be moved at the meeting of the Committee on 14 January.

After section 65

Michael Matheson

252 After section 65, insert-

<Development management scheme to be compulsory for new related properties

(1) This subsection applies to properties which are, by virtue of section 61, related properties for the purposes of sections 58 to 60 of this Act.

(2) A development management scheme must be applied to any land on which-

(a) properties to which subsection (1) above applies are, on the appointed day, under construction; or

(b) the construction of such properties is, on any day after the appointed day, completed.

(3) A development management scheme under subsection (2) above cannot be disapplied under section (Disapplication) above.>

 

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