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Contents
Announcements
A: Daily Business
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. 20/2003

Friday 31 January 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 29 January 2003

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

Section 14B

Mr Andy Kerr

Supported by: Peter Peacock

37 In section 14B, page 9, line 18, leave out from <if> to end of line 20 and insert <whenever-

(a) the Scottish Ministers make a request of them for it; or

(b) the Advisory Council considers it appropriate to do so.>

Schedule 2

Mr Andy Kerr

Supported by: Peter Peacock

38 In schedule 2, page 19, line 22, at end insert-

<Historic Environment Advisory Council for Scotland>

Long Title

Mr Andy Kerr

Supported by: Peter Peacock

39 In the long title, page 1, line 8, after <practitioners;> insert <to establish the Historic Environment Advisory Council for Scotland;>

New amendments to Bills lodged on 30 January 2003

Agricultural Holdings (Scotland) Bill - Stage 2

Section 24

Ross Finnie

Supported by: Allan Wilson

132 In section 24, page 16, line 4, leave out from <has> to end of line 7 and insert-

<(a) continues to have effect only in relation to such land as remains comprised in the tenancy; and

(b) ceases to have effect-

(i) if the registration is rescinded;

(ii) if the tenancy is terminated; or

(iii) where neither of those things has occurred, at the expiry of the period of five years from the date of registration.>

Ross Finnie

Supported by: Allan Wilson

133 In section 24, page 16, line 8, after <period> insert <; or

(b) there is a reduction in the land comprised in the tenancy>

Section 25

Fergus Ewing

134 Leave out section 25

Section 26

Ross Finnie

Supported by: Allan Wilson

135 In section 26, page 16, leave out lines 29 and 30

Ross Finnie

Supported by: Allan Wilson

136 In section 26, page 17, line 33, leave out subsection (3)

Fergus Ewing

137 Leave out section 26

Section 27

Fergus Ewing

138 In section 27, page 18, line 9, leave out from <and> to end of line 17

Fergus Ewing

139 In section 27, page 18, line 19, at end insert <in a standard security over the land at any time>

Fergus Ewing

140 In section 27, page 18, line 29, leave out subsections (4) to (6)

Section 28

Fergus Ewing

141 In section 28, page 19, line 6, leave out from <, within> to <25,> in line 7

Fergus Ewing

142 In section 28, page 19, line 13, leave out from <and> to end of line 14

Fergus Ewing

143 In section 28, page 19, line 15, leave out subsections (5) to (7)

After section 28

Ross Finnie

Supported by: Allan Wilson

144 After section 28, insert-

<Meaning of "creditor in a standard security with a right to sell land"

Any reference in this Part to a creditor in a standard security with a right to sell land is a reference to a creditor who has such a right under-

(a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35); or

(b) a warrant granted under section 24(1) of that Act.>

Section 29

Fergus Ewing

145 In section 29, page 19, line 30, at end insert-

<(1A) The Scottish Ministers may by regulations specify a minimum period which must elapse between the tenant giving notice under section 28(2) or (4) and the tenant making an offer to buy under subsection (1).>

Fergus Ewing

146 In section 29, page 20, line 32, leave out <acquiring by the tenant of> and insert <tenant giving notice of intention to exercise>

Fergus Ewing

147 In section 29, page 20, line 34, leave out from <right> to end of line 36 and insert <tenant may not exercise the right to buy without giving further notice under section 28(2) or (4)>

Section 30

Fergus Ewing

148 In section 30, page 20, line 38, leave out <, except where subsection (2) applies,>

Fergus Ewing

149 In section 30, page 21, line 1, leave out subsections (2) and (3)

Fergus Ewing

150 In section 30, page 21, line 9, leave out <or (3)>

Section 31

Fergus Ewing

151 In section 31, page 21, line 17, leave out <25 of the seller's proposal to transfer> and insert <28 of the tenant's intention to buy>

Ross Finnie

Supported by: Allan Wilson

152 In section 31, page 21, line 29, at end insert-

<( ) taking account of the terms and conditions of any lease of sporting interests affecting the land;>

Ross Finnie

Supported by: Allan Wilson

153 In section 31, page 21, line 29, at end insert-

<( ) taking account of any moveable property belonging to the owner of the land which is, by agreement between the tenant and the owner, to be-

(i) sold with; and

(ii) valued along with,

the land;>

Fergus Ewing

154 In section 31, page 21, line 29, at end insert-

<( ) taking account, in so far as a seller and a buyer of the land (assuming that they are, as respects the transaction, willing, knowledgeable and prudent) would do so, of any agreement to lease back the sporting interests on the land to the owner in accordance with section (Agreement to lease back sporting interests);>

Ross Finnie

Supported by: Allan Wilson

155 In section 31, page 22, line 6, at end insert-

<( ) taking no account of any fixed equipment owned by the tenant;>

Section 32

Fergus Ewing

156 In section 32, page 23, line 15, leave out from <or> to end of line 23

Section 33

Ross Finnie

Supported by: Allan Wilson

157 In section 33, page 23, line 32, after <land> insert <(and any factor affecting the value)>

After section 33

Fergus Ewing

158 After section 33, insert-

<Agreement to lease back sporting interests

(1) This section applies where-

(a) land in respect of which the right to buy is being exercised forms part of an estate;

(b) at the date the tenant gives notice under section 28, the owner of the land (or a third party under a lease or other contractual arrangement with the owner) has sporting rights over the land;

(c) the owner, within 60 days of receiving notice under section 28, notifies the tenant in writing that the owner wishes to lease those interests back in the event of the tenant buying the land; and

(d) the tenant and the owner have not, within a further period of 30 days, reached agreement in writing on the terms and conditions of the lease of those interests.

(2) Where this section applies the owner may apply to the Land Court for an order requiring the leaseback of those interests, and specifying the terms and conditions appropriate for a lease of those sporting interests from the tenant to the owner.

(3) The Land Court must, subject to subsection (4) below, make an order requiring the leaseback and specifying those terms and conditions.

(4) Those terms and conditions are to include provision that-

(a) the lease is to include an agreement to regulate the management of the land and the sporting rights to ensure that the owner or, as the case may be, a third party can continue to exercise those rights on the land notwithstanding the sale of the land to the tenant;

(b) the annual rent is to be nominal;

(c) the duration of the lease is to be not less than 20 years;

(d) the owner is to be entitled to assign the tenant's interest under the lease,

and the terms and conditions must not prevent the lease from being recorded or registered under the Registration of Leases (Scotland) Act 1857 (c.26).

(5) An agreement under subsection (4)(a) is to include provision to regulate-

(a) rights of access to the land;

(b) the stocking density and movement of livestock;

(c) the maintenance of roads, tracks and bridges;

(d) pest control activities;

(e) forestry operations;

(f) the manner in which sporting rights may be exercised so as to avoid conflict with the tenant's farming and land management activities.

(6) The tenant must, forthwith on completion of the transfer of the land, grant a lease accordingly to the owner of the land.

(7) If a tenant 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 tenant.>

Fergus Ewing

159 After section 33, insert-

<Right to buy where persistent breach of landlord's obligations

(1) This section applies where the landlord of an agricultural holding under a 1991 Act tenancy has failed to execute work which the landlord is required by virtue of-

(a) section 5 of the 1991 Act;

(b) any other enactment; or

(c) any rule of law,

to execute in order to fulfil the landlord's obligations under the lease.

(2) Where this section applies the tenant may apply to the Land Court for a determination that the landlord is in breach of those obligations.

(3) In making a determination under subsection (2), the Court may specify a period of time within which the landlord must execute such work as will remedy the breach, such period being sufficient in the opinion of the Court to enable the landlord to execute such work.

(4) Where the landlord has failed without reasonable cause to execute such work as will remedy the breach within the time specified by the Court the tenant may apply to the Court for an order granting the tenant the right to buy the holding, notwithstanding that the landlord or, as the case may be, creditor has not given notice under section 25; and a copy of any such application must be served on the landlord and any creditor in a standard security over the land.

(5) Where the Land Court grants, by means of an order under subsection (4), the right to buy a holding, the tenant may exercise that right only in accordance with such provisions of sections 28 to 33, with such modifications, as are specified in the order.

(6) The Land Court may, in particular, specify that the valuer assessing the value of the land under section 31 is entitled to take account of any decrease in the value of the land attributable to the landlord's failure.

(7) The Land Court may include in an order under subsection (4)-

(a) a requirement that the tenant lease back to the landlord any sporting interests over the holding (or any part of it); and

(b) such other terms and conditions as the Court may specify.

(8) This section is without prejudice to any other right to buy land under this Part.>

Section 75

Fergus Ewing

160 In section 75, page 45, line 13, leave out <or 25(2)> and insert <, 25(2) or 29(1A)>

Fergus Ewing

161 In section 75, page 45, line 16, leave out <26(6), 27(6),>

Section 77

Fergus Ewing

162 In section 77, page 45, line 28, leave out <sections 26(1)(b) and> and insert <section>

Ross Finnie

Supported by: Allan Wilson

163 In section 77, page 46, line 3, at end insert-

<(ii) the step-parent of the person, AG is to be treated as the person's parent;>

Ross Finnie

Supported by: Allan Wilson

164 Move section 77 to after section 58

Commissioner for Children and Young People (Scotland) Bill - Stage 2

Section 2

Donald Gorrie

4 In section 2, page 1, line 9, at end insert-

<( ) Before making a nomination under subsection (1) above, the Parliament must consult and involve children and young people and organisations working with and for children and young people in the process of selecting a nominee.>

Donald Gorrie

5 In section 2, page 1, line 17, after <may> insert <, following approval by resolution of the Parliament,>

Section 9

Donald Gorrie

6 In section 9, page 3, line 37, at end insert <; or

(c) to allow the Commissioner entry to premises managed by that person which have a bearing on any such matter, for the purpose of examining conditions in and management of the premises and the treatment of any children and young people there.>

Section 16

Donald Gorrie

7 In section 16, page 6, line 1, after <for> insert <or affecting>

Mental Health (Scotland) Bill - Stage 2

Section 182

Mr John McAllion

636 In section 182, page 116, line 7, at beginning insert <Every person with a mental disorder shall have a right of access to independent advocacy; and accordingly>

Mr John McAllion

637 In section 182, page 116, line 26, leave out from <; and> to end of line 29

Mr John McAllion

638 In section 182, page 116, line 33, at end insert <nor persons providing health or community care services on behalf of the Health Board or local authority>

Section 183

Mrs Mary Mulligan

639 In section 183, page 116, line 36, leave out <the detention of a patient in hospital is authorised> and insert <a patient is detained in hospital>

Mrs Mary Mulligan

640 In section 183, page 116, line 40, leave out from <medical> to end of line 2 on page 117 and insert <duly authorised medical practitioner>

Mrs Mary Mulligan

641 In section 183, page 117, line 5, leave out <The> and insert <Those>

Mrs Mary Mulligan

642 In section 183, page 117, line 6, after <patient> insert <or, as the case may be, the patient's named person>

Mrs Mary Mulligan

643 In section 183, page 117, line 6, after <applications> insert <to the Tribunal in respect of the patient>

Mrs Mary Mulligan

644 In section 183, page 117, line 7, after <providing> insert <to the patient or, as the case may be, the patient's named person,>

Mrs Mary Mulligan

645 In section 183, page 117, line 7, leave out <in relation to> and insert <for the purpose of-

(i)>

Mrs Mary Mulligan

646 In section 183, page 117, line 8, at end insert <; or

(ii) any other proceedings before the Tribunal in respect of the patient in which the patient or, as the case may be, the patient's named person, is taking part (or considering whether to take part).>

Mrs Mary Mulligan

647 In section 183, page 117, line 8, at end insert-

<(3A) For the purposes of subsection (2) above, a medical practitioner is duly authorised if authorised for the purposes of this section by-

(a) the patient; or

(b) the patient's named person.>

Mrs Mary Mulligan

648 In section 183, page 117, line 9, leave out from <medical> to <may> and insert <duly authorised medical practitioner may, for any of the purposes mentioned in subsection (6) below,>

Mrs Mary Mulligan

649 In section 183, page 117, line 11, leave out from <; or> to <order> in line 13 and insert <of; or

(b) medical treatment given at any time to,

a patient whose detention in hospital is authorised by virtue of this Act or the 1995 Act>

Mrs Mary Mulligan

650 In section 183, page 117, line 13, leave out <such records to the medical practitioner> and insert <them>

Mrs Mary Mulligan

651 In section 183, page 117, line 14, at end insert-

<(5) A duly authorised medical practitioner may, for any of the purposes mentioned in subsection (6) below, require any person holding records relating to medical treatment given at any time to a patient who is subject to-

(a) a compulsory treatment order; or

(b) a compulsion order,

that does not authorise the detention of the patient in hospital to produce them for inspection by the medical practitioner.

(6) Those purposes are-

(a) advising the patient or, as the case may be, the patient's named person, about the making of applications to the Tribunal in respect of the patient under this Act;

(b) providing to the patient or, as the case may be, the patient's named person, information as respects the condition of the patient for the purpose of-

(i) any such application (or proposed application); or

(ii) any other proceedings before the Tribunal in respect of the patient in which the patient or, as the case may be, the patient's named person, is taking part (or considering whether to take part).

(7) For the purposes of subsections (4) and (5) above, a medical practitioner is duly authorised if authorised for the purposes of this section by-

(a) the patient; or

(b) the patient's named person.>

Mrs Mary Mulligan

652 Divide section 183 into two sections, the first (Access to medical practitioner for purposes of medical examination) to consist of subsections (1) to (3A) and the second (Inspection of records by medical practitioner) to consist of subsections (4) to (7)

Section 198

Mrs Mary Mulligan

653 Move section 198 to after section 202

Section 199

Mrs Mary Mulligan

654 Move section 199 to after section 202

Section 200

Mrs Mary Mulligan

655 Move section 200 to after section 202

After section 200

Mrs Mary Mulligan

656 After section 200, insert-

<Payments for expenses

Payments to persons in hospital to meet personal expenses

(1) Where subsections (2) and (3) below apply in relation to a person, the Scottish Ministers may pay to the person such amounts as they consider appropriate in respect of the person's occasional personal expenses.

(2) This subsection applies where the person-

(a) has a mental disorder;

(b) has been admitted to a hospital; and

(c) is being given treatment there primarily for mental disorder.

(3) This subsection applies where it appears to the Scottish Ministers that the person would not otherwise have resources to meet the expenses in question.

(4) For the purposes of the National Health Service (Scotland) Act 1978 (c.29), the making of payments under this section to persons for whom services are provided under that Act shall be treated as included among those services.

(5) In subsection (2) above, "hospital" means-

(a) any health service hospital (as defined in section 108(1) of the National Health Service (Scotland) Act 1978 (c.29)); or

(b) any state hospital.>

After section 202

Mrs Mary Mulligan

657 After section 202, insert-

<Part 15A

Entry, removal and detention powers

Entry to premises

Warrant to enter premises for purposes of taking patient

(1) If a sheriff or a justice of the peace is satisfied by an authorised person's evidence on oath as to the matters mentioned in subsection (2) below, the sheriff or, as the case may be, justice of the peace may grant a warrant under this subsection.

(2) Those matters are-

(a) that for the purposes for which the authorised person is authorised it is necessary to enter premises; and

(b) that the authorised person-

(i) is unable to obtain entry to those premises; or

(ii) reasonably apprehends that the authorised person will be unable to obtain entry to those premises.

(3) A warrant under subsection (1) above is a warrant-

(a) authorising-

(i) the authorised person;

(ii) any mental health officer appointed by the local authority for the area in which the premises are situated ; and

(iii) any constable of the police force maintained for the area in which the premises are situated,

to enter the premises specified in the warrant; and

(b) authorising any constable of the police force for the area in which the premises are situated, for the purpose of exercising the power mentioned in paragraph (a) above, to open lockfast places on premises so specified.

(4) In the execution of a warrant granted under subsection (1) above, the persons authorised for the purpose of subsection (3)(a) above may be accompanied by-

(a) a medical practitioner;

(b) any other authorised person.

(5) In this section, references to an authorised person are to a person who, in relation to a patient, is authorised by virtue of this Act-

(a) to take the patient to any place; or

(b) to take (or retake) into custody the patient where the patient is liable to be taken (or retaken).>

Mrs Mary Mulligan

658 After section 202, insert-

<Removal to place of safety

Removal order

(1) If, on the application of a relevant mental health officer, a sheriff is satisfied that-

(a) a person who is aged 16 years or over has a mental disorder;

(b) any of the circumstances mentioned in subsection (2) below apply in respect of that person; and

(c) that person is likely to suffer significant harm if not removed to a place of safety,

the sheriff may make an order under this section (any such order being referred to in this Act as a "removal order") in respect of that person.

(2) The circumstances referred to in subsection (1)(b) above are-

(a) that the person is subject, or exposed, to-

(i) ill-treatment;

(ii) neglect; or

(iii) some other deficiency in care or treatment;

(b) that, because of the mental disorder, the person's property-

(i) is suffering loss or damage; or

(ii) is at risk of suffering loss or damage; and

(c) that the person is-

(i) living alone or without care; and

(ii) unable to look after himself or his property or financial affairs.

(3) A removal order is an order-

(a) authorising-

(i) the mental health officer specified in the order;

(ii) any other persons so specified; and

(iii) any constable of the police force maintained for the area in which the premises are situated,

before the expiry of the period of 72 hours beginning with the granting of the order, to enter any premises so specified;

(b) authorising any such constable, before the expiry of that period, for the purpose of exercising the power mentioned in paragraph (a) above, to open lockfast places on premises so specified; and

(c) authorising-

(i) before the expiry of that period, the removal of the person who is the subject of the removal order to a place of safety specified in the order; and

(ii) the detention of that person in that place for such period, not exceeding 7 days, as may be specified in the order.

(4) An application for a removal order shall be made to the sheriff of the sheriffdom in which the premises to which the application relates are situated.

(5) Before determining an application for a removal order, the sheriff shall, subject to subsection (7) below, afford the persons mentioned in subsection (6) below the opportunity-

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

(b) of leading, or producing, evidence.

(6) Those persons are-

(a) the person who is the subject of the application; and

(b) such other persons as may be prescribed by regulations.

(7) If the sheriff considers that such delay as would result from compliance with the requirements of subsection (5) above would be likely to be prejudicial to the person who is the subject of the application, the sheriff may dispense with the requirements of that subsection.

(8) In this section-

"place of safety" means-

(a) a hospital;

(b) premises which are used for the purpose of providing a care home service (as defined in section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)); or

(c) any other suitable place (other than a police station) the occupier of which is willing temporarily to receive mentally disordered persons; and

"relevant mental health officer" means a mental health officer appointed by the local authority for the area in which the premises to which the application relates are situated.>

Mrs Mary Mulligan

659 After section 202, insert-

<Removal order: urgent application to justice of the peace

Where-

(a) the making of an application to the sheriff for a removal order is impracticable; and

(b) the circumstances are such that any delay in obtaining a removal order is likely to be prejudicial to the person who would be the subject of the application,

the application may be made instead to a justice of the peace for the commission area in which the premises to which the application relates are situated; and subsections (1) to (3) of section (Removal order) of this Act shall apply in relation to an application made by virtue of this section as those subsections apply as respects an application to the sheriff.>

Mrs Mary Mulligan

660 After section 202, insert-

<Recall or variation of removal order

(1) A person who is the subject of a removal order, or any person claiming an interest in the welfare of that person, may apply to the sheriff for an order under this section-

(a) recalling the removal order; or

(b) varying that order by-

(i) specifying a different place of safety;

(ii) authorising, before the expiry of the period mentioned in subsection (2) below, the removal of the person who is the subject of the removal order to that place of safety; and

(iii) authorising the detention of the person who is the subject of the removal order in that place of safety for the remainder of such period as may have been specified, by virtue of section (Removal order)(3)(c)(ii) of this Act, in the removal order.

(2) The period referred to in subsection (1)(b)(ii) above is the period of 72 hours beginning with the granting of the order varying the removal order.

(3) An application under section (1) above shall be made to the sheriff of the sheriffdom in which the premises to which the application for a removal order related are situated.

(4) Before determining an application under subsection (1) above, the sheriff shall afford the persons mentioned in subsection (5) below the opportunity-

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

(b) of leading, or producing, evidence.

(5) Those persons are-

(a) the person who is the subject of the removal order to which the application relates; and

(b) such persons as may be prescribed by regulations.

(6) Where a sheriff makes an order under this section recalling a removal order, the sheriff may, in addition, make such order as the sheriff thinks fit for the person who was the subject of the removal order-

(a) to be returned to the premises from which that person was, by virtue of the removal order, removed; or

(b) to be taken to some appropriate place chosen by that person.>

Mrs Mary Mulligan

661 After section 202, insert-

<No appeal against decision under sections (Removal order) to (Recall or variation of removal order)

No appeal shall be competent against-

(a) a decision of a sheriff under-

(i) section (Removal order)(1) of this Act making, or refusing to make, a removal order; or

(ii) section (Recall or variation of removal order) of this Act making, or refusing to make, an order recalling or varying a removal order; or

(b) a decision of a justice of the peace under section (Removal order)(1) of this Act making, or refusing to make, a removal order.>

Section 205

Mrs Mary Mulligan

662 In section 205, page 137, line 26, leave out subsection (7)

 

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