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

 

Business Bulletin No. 15/2003

Friday 24 January 2003

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 23 January 2003

Land Reform (Scotland) Bill—The Bill was reprinted as passed (SP Bill 44B) (Executive Bill).

New amendments to Bills lodged on 23 January 2003

Water Environment and Water Services (Scotland) Bill - Stage 3

Before section 18

Bruce Crawford

29 Before section 18, insert-

<Sustainable flood management

(1) The Scottish Ministers must prepare and lay before the Parliament a national strategy for sustainable flood management.

(2) The strategy prepared under subsection (1) must take account of river basin management and sub-basin plans.>

After section 23

Ross Finnie

Supported by: Allan Wilson

30 After section 23, insert-

<Planning permission: fish farming

(1) The Town and Country Planning (Scotland) Act 1997 (c.8) is amended as follows.

(2) In section 26 (meaning of "development")-

(a) in subsection (6)-

(i) for "tank" in the first and second places where it occurs substitute "equipment",

(ii) after "waters" in the first place where it occurs insert ", transitional water or coastal water",

(iii) before the definition of "fish farming" insert-

""coastal water" has the meaning given by section 3(7) of the Water Environment and Water Services (Scotland) Act 2003 (asp 00);

"equipment" includes any tank, cage or other structure, or long-line, for use in fish farming;",

(iv) the definition of "tank" is repealed,

(v) at the end insert-

""transitional water" has the meaning given by section 3(6) of the Water Environment and Water Services (Scotland) Act 2003 (asp 00);",

(b) after subsection (6) insert-

"(6A) The Scottish Ministers may by order made by statutory instrument make such modifications as they consider necessary or expedient to the definitions of "equipment" and "fish farming" in subsection (6); and an order under this subsection may make different provision for different purposes and different areas.

(6B) In subsection (6A), "modifications" includes amendments and repeals."

(3) In section 40 (assessment of environmental effects), after subsection (3) insert-

"(4) Without prejudice to subsection (1), before planning permission is granted by a planning authority in respect of anything which is development by virtue of section 26(6), the authority must consider the effect of the proposed development on the water environment.

(5) In subsection (4), "water environment" has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 00)."

(4) In section 275 (regulations and orders)-

(a) in subsection (4), after "26(2)(f)" insert "and (6A)",

(b) after subsection (5) insert-

"(5A) No order made under section 26(6A) is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament."

(5) The Scottish Ministers may by order make such provision as they consider necessary or expedient for the purpose of or in connection with the application of the Town and Country Planning (Scotland) Act 1997 (c.8), by virtue of this section, to operations in transitional water or coastal water.

(6) An order under subsection (5) may, in particular, make provision for any planning authority specified in the order to be the planning authority for the purposes of the application of that Act, by virtue of this section, to operations in such areas of transitional water or coastal water as the order may specify in relation to the authority, despite those operations relating to land outwith the district of the authority.

(7) Before making an order under subsection (5) the Scottish Ministers must consult-

(a) every planning authority,

(b) SEPA,

(c) such other persons as they think fit.>

Section 26

Ross Finnie

Supported by: Allan Wilson

31 In section 26, page 19, line 13, after <sewers> insert <, public SUD systems>

Section 27

Ross Finnie

Supported by: Allan Wilson

32 In section 27, page 20, line 31, after <sewer> insert <or SUD system>

Ross Finnie

Supported by: Allan Wilson

33 In section 27, page 20, line 32, after <sewer> insert <, system>

Ross Finnie

Supported by: Allan Wilson

34 In section 27, page 20, line 33, after <14A> insert <and, in the case of a SUD system or part, with the SUD systems requirements specified by virtue of section 14AA>

Ross Finnie

Supported by: Allan Wilson

35 In section 27, page 20, line 36, after <sewer> insert <or SUD system>

Ross Finnie

Supported by: Allan Wilson

36 In section 27, page 21, line 3, after <of> insert <a SUD system or>

Ross Finnie

Supported by: Allan Wilson

37 In section 27, page 21, line 5, after <that> insert <the system complies, or>

Ross Finnie

Supported by: Allan Wilson

38 In section 27, page 21, line 6, after <14A> insert <and, in the case of a SUD system, with the SUD systems requirements specified by virtue of section 14AA>

Ross Finnie

Supported by: Allan Wilson

39 In section 27, page 21, line 10, after second <the> insert <system or>

Ross Finnie

Supported by: Allan Wilson

40 In section 27, page 21, line 18, leave out <or sewers with the sewers> and insert <, sewers or SUD systems with the sewers, SUD systems>

Ross Finnie

Supported by: Allan Wilson

41 In section 27, page 21, line 19, leave out <or sewers> and insert <, sewers or systems>

Ross Finnie

Supported by: Allan Wilson

42 In section 27, page 21, line 20, after <14A> insert <and, in the case of a SUD system, with the SUD systems requirements specified by virtue of section 14AA>

Ross Finnie

Supported by: Allan Wilson

43 In section 27, page 21, line 28, after <sewers> insert <, private SUD systems>

Ross Finnie

Supported by: Allan Wilson

44 In section 27, page 21, line 31, leave out <or sewers> and insert <, sewers, SUD systems>

Ross Finnie

Supported by: Allan Wilson

45 In section 27, page 21, line 42, at end insert-

<14AA Sustainable urban drainage systems: requirements

(1) In relation to SUD systems, the SUD systems requirements referred to in sections 3A(3)(a)(i), 8(1A)(a)(i), 12(2A)(a) and 16A(3)(a)(i) are such requirements in relation to the nature, design and layout of SUD systems as the Scottish Ministers may, by regulations made by statutory instrument, specify.

(2) Subsections (3) to (5) of section 14A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.>

Ross Finnie

Supported by: Allan Wilson

46 In section 27, page 22, line 7, after <sewer> insert <or SUD system>

Ross Finnie

Supported by: Allan Wilson

47 In section 27, page 22, line 9, after <sewer> insert <or system>

Ross Finnie

Supported by: Allan Wilson

48 In section 27, page 22, line 11, after <sewer> insert <or system>

Ross Finnie

Supported by: Allan Wilson

49 In section 27, page 22, line 12, after <sewers> insert <, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

50 In section 27, page 22, line 15, leave out <to public sewers> insert <or system to public sewers, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

51 In section 27, page 22, line 17, after <sewers> insert <, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

52 In section 27, page 22, line 19, after <sewer> insert <or system>

Ross Finnie

Supported by: Allan Wilson

53 In section 27, page 22, line 21, after <sewer> insert <or SUD system>

Ross Finnie

Supported by: Allan Wilson

54 In section 27, page 22, line 22, after <sewer> insert <or system>

Ross Finnie

Supported by: Allan Wilson

55 In section 27, page 22, line 25, after first <of> insert <a SUD system or>

Ross Finnie

Supported by: Allan Wilson

56 In section 27, page 22, line 27, after second <the> insert <system or>

Ross Finnie

Supported by: Allan Wilson

57 In section 27, page 22, line 28, after <their> insert <or its>

Ross Finnie

Supported by: Allan Wilson

58 In section 27, page 22, line 30, after first <the> insert <system or>

Ross Finnie

Supported by: Allan Wilson

59 In section 27, page 22, line 32, after <the> insert <system or>

Ross Finnie

Supported by: Allan Wilson

60 In section 27, page 22, line 33, after <sewers> insert <, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

61 In section 27, page 22, line 36, after <sewers> insert <, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

62 In section 27, page 22, line 38, after second <the> insert <system or>

Ross Finnie

Supported by: Allan Wilson

63 In section 27, page 22, line 41, leave out <or sewer> and insert <, sewer or SUD system>

Ross Finnie

Supported by: Allan Wilson

64 In section 27, page 22, line 44, leave out <or sewer> and insert <, sewer or system>

Ross Finnie

Supported by: Allan Wilson

65 In section 27, page 23, line 2, leave out <or sewer> and insert <, sewer or system>

Ross Finnie

Supported by: Allan Wilson

66 In section 27, page 23, line 4, leave out <or sewer> and insert <, sewer or system>

Ross Finnie

Supported by: Allan Wilson

67 In section 27, page 23, line 5, after <sewers> insert <, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

68 In section 27, page 23, line 8, leave out <or sewer to public sewers> and insert <, sewer or system to public sewers, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

69 In section 27, page 23, line 10, after <sewers> insert <, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

70 In section 27, page 23, line 11, after <sewers> insert <, public SUD systems>

Ross Finnie

Supported by: Allan Wilson

71 In section 27, page 23, line 13, leave out <or sewer> and insert <, sewer or system>

Ross Finnie

Supported by: Allan Wilson

72 In section 27, page 23, line 29, after <sewer> insert <or SUD system>

Ross Finnie

Supported by: Allan Wilson

73 In section 27, page 23, line 30, after second <the> insert <SUD system or>

Ross Finnie

Supported by: Allan Wilson

74 In section 27, page 24, line 5, after <sewer> insert <or SUD system>

Ross Finnie

Supported by: Allan Wilson

75 In section 27, page 24, line 6, after <sewer> insert <, system>

Ross Finnie

Supported by: Allan Wilson

76 In section 27, page 24, line 7, after <14A> insert <and, in the case of a SUD system or part, with the SUD systems requirements specified by virtue of section 14AA>

Ross Finnie

Supported by: Allan Wilson

77 In section 27, page 24, line 10, after <sewer> insert <or SUD system>

After section 29

Ross Finnie

Supported by: Allan Wilson

78 After section 29, insert-

<Sustainable urban drainage systems

Sustainable urban drainage systems

(1) In section 59(1) (interpretation) of the 1968 Act, insert the following definitions in the appropriate places alphabetically-

""private SUD system" means any SUD system which is not a public SUD system;

"public SUD system" means any SUD system which is vested in Scottish Water;

"road water" means the run-off of rainwater from any road for the time being entered in a list of public roads kept by a local roads authority under section 1(1) of the Roads (Scotland) Act 1984;

"SUD system" means a sustainable urban drainage system;

"sustainable urban drainage system" means a drainage system which-

(a) facilitates attenuation, settlement or treatment of surface water from 2 or more premises (whether or not together with road water), and

(b) includes one or more of the following: inlet structures, outlet structures, swales, constructed wetlands, ponds, filter trenches, attenuation tanks and detention basins (together with any associated pipes and equipment);".

(2) Schedule (Sustainable urban drainage systems: further amendments) makes modifications of the 1968 Act and the Water Industry (Scotland) Act 2002 (asp 3) in relation to sustainable urban drainage systems.>

Section 31

Ross Finnie

Supported by: Allan Wilson

79 In section 31, page 27, line 26, after first <section> insert <(Planning permission: fish farming) or>

Ross Finnie

Supported by: Allan Wilson

80 In section 31, page 27, line 35, after <4> insert <or (Planning permission: fish farming)>

After schedule 2

Ross Finnie

Supported by: Allan Wilson

81 After schedule 2, insert-

<SCHEDULE

(introduced by section (Sustainable urban drainage systems))

Sustainable urban drainage systems: further amendments

The 1968 Act

1 The 1968 Act is amended as follows.

2 In section 1(1) (duty of Scottish Water to provide for sewerage)-

(a) after "sewers" in the first place where it occurs insert "and public SUD systems",

(b) after "sewers" in the second place where it occurs insert "and SUD systems".

3 In section 2 (maintenance of public sewers etc.), after "sewers," insert "SUD systems,".

4 In section 3 (power to construct public sewers)-

(a) in subsection (1)(a), after "sewer" insert "or SUD system",

(b) in subsection (2), after "sewer" insert "or SUD system".

5 In section 3A(2) (vesting of privately constructed sewers)-

(a) after "sewer" in the first place where it occurs insert "or SUD system",

(b) after "sewer" in each other place where it occurs insert "or system",

(c) after "sewers" insert ", SUD systems".

6 In section 4 (Scottish Water may close or alter public sewers etc.)-

(a) after "sewer" in the first and third places where it occurs insert ", SUD system",

(b) after "sewer" in the second and fourth places where it occurs insert ", system".

7 In section 7(1) (agreements between roads authorities and Scottish Water), after "sewers" insert ", SUD systems".

8 In section 8(1) (agreements as to provision of sewers etc. for new premises)-

(a) after "sewers" in both places where it occurs insert ", SUD systems",

(b) after "of" in the second place where it occurs insert "SUD systems and".

9 In section 11(1) (Scottish Water to keep maps of sewers, drains etc.), after "drains" insert ", SUD systems".

10 (1) Section 12 (rights of owners and occupiers to connect with and drain into public sewers etc.) is amended as follows.

(2) In subsection (1)-

(a) for "or private sewers" in the first place where those words occur substitute ", private sewers or private SUD systems",

(b) after "sewers" in the second place where it occurs insert ", SUD systems",

(c) after "entitled" in the second place where it occurs insert "(a)",

(d) for "and surface water from those premises" substitute ", and

(b) by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water,

from those premises".

(3) In subsection (2)-

(a) for "or sewers" substitute ", sewers or SUD systems",

(b) after "sewers" in the second place where it occurs insert ", SUD systems",

(c) for "or sewer" substitute ", sewer or SUD system".

(4) In subsection (3)-

(a) for "or sewers" substitute ", sewers or SUD systems",

(b) after "sewers" in the second place where it occurs insert ", SUD systems",

(c) for "or sewer" substitute ", sewer or SUD system",

(d) after "sewer" in the second place where it occurs insert ", system".

(5) In subsection (8)-

(a) for "or sewer" in both places where those words occur substitute ", sewer or SUD system",

(b) after "sewers" insert ", SUD systems".

11 In section 14 (direction by Scottish Water as to manner of construction of works)-

(a) in subsection (1)-

(i) for "or sewer" substitute ", sewer or SUD system",

(ii) after "sewer" in the second, third and fourth places where it occurs insert ", SUD system",

(b) in subsection (5), after "sewer" in each place where it occurs insert ", SUD system",

(c) in subsection (6), after "sewer" insert ", SUD system".

12 In section 15 (owner or occupier to remedy defects in drains etc.)-

(a) in subsection (1), after "drains" in both places where it occurs insert ", SUD systems",

(b) in subsection (5), after "drain" insert ", SUD system".

13 In section 16 (vesting of sewers and other works in Scottish Water)-

(a) in subsection (1)-

(i) in paragraph (a), after "sewers" insert ", SUD systems",

(ii) in paragraph (c), after "sewers" in the first place where it occurs insert "and private SUD systems",

(iii) in paragraph (cc), after "sewers" in the first place where it occurs insert "and private SUD systems", and after "sewers" in the second place where it occurs insert "and systems",

(iv) in paragraph (d), after "works" insert "and SUD systems",

(v) in paragraph (e), after "works" insert "and SUD systems",

(b) in subsection (2)-

(i) after "sewers" in the first place where is occurs insert ", private SUD systems",

(ii) after "works" insert "and SUD systems",

(c) in subsection (3), after "drains" insert ", SUD systems".

14 In section 16A (vesting of certain private sewers)-

(a) in subsection (1), for "or" in the second place where it occurs substitute "and any sewer or SUD system vested in a person",

(b) in subsection (2), after "sewer" insert "or SUD system".

15 In section 17 (Scottish Water may take over private sewage treatment works)-

(a) in subsection (1)-

(i) after "works" in the first place where it occurs insert "or private SUD system",

(ii) after "works" in the second place where it occurs insert "or system",

(b) in subsection (2)-

(i) after "works" in the first place where it occurs insert "or a SUD system",

(ii) after "works" in the second place where it occurs insert "or system",

(c) in subsection (4), after "works" insert "and any SUD system",

(d) in subsection (5)-

(i) after "works" insert "or a SUD system",

(ii) after "them" insert "or it",

(iii) after "have" insert "or it has",

(e) in subsection (6), after "works" insert "or a SUD system".

16 In section 21(1) (buildings not to interfere with sewers), after "sewer" insert "or SUD system".

17 In section 23 (restriction on working minerals)-

(a) after "works" in the first place where it occurs insert ", public SUD systems",

(b) after "works" in every other place where it occurs insert ", SUD systems".

18 In section 39 (Scottish Water to have right to sewage), after "sewers" insert ", SUD systems".

19 In section 41 (breaking open of streets etc.), after "sewers" insert ", SUD systems".

20 In section 45 (production of plans and information)-

(a) after "sewer" in the first and second places where it occurs insert ", SUD system",

(b) after "sewer" in the third and fourth places where it occurs insert ", system".

21 In section 46 (certain matter not to be passed into drains)-

(a) after "sewer" in the first place where it occurs insert ", public SUD system",

(b) after "sewer" in the second and third places where it occurs insert ", SUD system".

22 In section 48(1) (powers of entry)-

(a) in paragraph (a), after "of" in the third place where it occurs insert "a SUD system or",

(b) in paragraph (dd)-

(i) after "sewer" in the first place where it occurs insert "or SUD system",

(ii) after "sewer" in the second place where it occurs insert "or public SUD system",

(c) in paragraph (f)-

(i) after "sewers" in the first place where it occurs insert ", public SUD systems",

(ii) after "sewers" in the second place where it occurs insert ", SUD systems".

23 In section 59 (interpretation)-

(a) in subsection (1), in the definition of "sewage treatment works", at the end insert "but does not include a SUD system",

(b) in subsection (3), after "sewer" in both places where it occurs insert ", SUD system".

Water Industry (Scotland) Act 2002 (asp 3)

24 In section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (acquisition of land by agreement for provision of sewerage system), after "sewers" insert ", sustainable urban drainage systems".>

Agricultural Holdings (Scotland) Bill – Stage 2

Section 68

Ross Finnie

Supported by: Allan Wilson

83 In section 68, page 43, line 2, leave out <(including> and insert <or an order of specific implement (including in either case>

Ross Finnie

Supported by: Allan Wilson

84 In section 68, page 43, line 8, leave out subsection (2) and insert—

<(2) Where a matter before the Land Court by virtue of the 1991 Act or this Act concerns the removal or ejection of the tenant from the land to which the tenancy relates, the Court may order the finding of caution, or the giving of such undertaking as the Court considers appropriate, in relation to any liability of the landlord or tenant to the other which may arise from the landlord or, as the case may be, tenant remaining on the land pending the Court’s determination of the matter.>

 

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.

 

 

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