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Contents
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. 26/2004

Monday 9 February 2004

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 6 February 2004

Nature Conservation (Scotland) Bill - Stage 2

After section 50

Mr Mark Ruskell

Supported by: Eleanor Scott

177 After section 50, insert-

<Ramsar sites in Scotland

After section 37A (Ramsar sites) of the 1981 Act insert-

"37B Ramsar sites in Scotland(1) Where a wetland in Scotland has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, Scottish Ministers shall notify Scottish Natural Heritage of that fact.(2) Upon receipt of a notification under subsection (1), Scottish Natural Heritage shall, in turn, notify the interested parties referred to in section 49(2)(a) and (c) to (k) of the Nature Conservation (Scotland) Act 2004 (asp 00).(3) In exercising any of their functions under this Part and Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 00) in relation to any land subject to a notification under subsection (1), public bodies and office holders must exercise them so as to secure compliance with the Ramsar Convention.

(4) Subject to subsection (5), the "Ramsar Convention" is the Convention on Wetlands of International Importance especially as Waterfowl Habitat, signed at Ramsar, Iran, on 2nd February 1971, as amended by-

(a) the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

(b) the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.

(5) If the Ramsar Convention is further amended after the passing of the Nature Conservation (Scotland) Act 2004 (asp 00), the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).".>

Nora Radcliffe

178 After section 50, insert-

<ChapterConservation purposes in agricultural holdings

Variation of terms of certain agricultural tenancies for conservation purposes

After section 19 (Resumption and irritancy: supplementary) of the Agricultural Holdings (Scotland) Act 2003 (asp 11) insert-

"19A Variation of terms for conservation purposes

(1) Where a body which is a conservation body by virtue of section 38 of the Title Conditions (Scotland) Act 2003 (asp 9) intends-

(a) to let agricultural land; and

(b) the tenancy under the lease to be a short limited duration tenancy or a limited duration tenancy,

the body may apply to the Land Court for an order authorising the inclusion in the lease of terms which do not comply with the provisions of this Act relating to short limited duration tenancies or, as the case may be, limited duration tenancies.(2) An application for an order under subsection (1) must specify the terms of the type mentioned in that subsection intended to be included in the lease and the land in respect of which those terms are intended to apply.

(3) The Land Court-

(a) must, if it is satisfied that the condition in subsection (4) is met, make an order authorising the inclusion in the lease of the terms specified in the application in respect of the land so specified;

(b) may, if it is not satisfied that the condition in subsection (4) is met-

(i) refuse to make an order under this section; or

(ii) make an order authorising the inclusion in the lease of such terms in respect of such of the land specified in the application as the Court thinks are necessary to ensure that the conservation body is able to fulfil its objects or purposes in so far as they relate to the conservation or enhancement of any natural feature of any land.

(4) The condition is that, if the terms specified in the application did not apply in respect of the land so specified, the conservation body would be unable to fulfil its objects or functions in so far as they relate to the conservation or enhancement of any natural feature of any land.(6) An order under this section shall cease to have effect if the body which applied for it ceases to be a conservation body.

(7) In this section "natural feature" has the meaning given in section 3(1A) of the Nature Conservation (Scotland) Act 2004 (asp 00).".>

After section 51

Maureen Macmillan

179 In substitution for amendment 129-

After section 51, insert-

<PartProtection of fossils

Protection of fossils

(1) Subject to subsections (3) and (4), any person who-

(a) destroys or damages,(b) removes or takes,(c) sells, or offers or exposes for sale,(d) for the purpose of sale, transports, or causes to be transported, or

(e) circulates or causes to be circulated any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell,

any vertebrate fossil, or part of a vertebrate fossil, is guilty of an offence.

  1. Any person guilty of an offence under subsection (1) is liable-
    1. on summary conviction, to a fine not exceeding £40,000,on conviction on indictment, to a fine.
  2. Subsection (1) does not apply to anything done under and in accordance with the terms of a licence granted under section (Power to grant licences) by a person granted such a licence.Any person who does anything which would, but for this subsection, amount to an offence under subsection (1) is not guilty of the offence if it is shown that-

(a) the act was an incidental result of a lawful operation,

(b) the person who carried out the lawful operation-

(i) took reasonable precautions for the purpose of avoiding carrying out the act, or

(ii) did not foresee, and could not reasonably have foreseen, that the act would be an incidental result of the carrying out of the lawful operation, and

(c) that person took such steps as were reasonably practicable in all the circumstances to minimise the damage caused.>

Schedule 6

Maureen Macmillan

180 In schedule 6, page 53, line 38, at end insert-

<In section 20(2) (summary prosecutions)-

(a) for "two" substitute "three", and

(b) at the end insert "or, in the case of a continuous contravention, after the last date on which the offence was committed".>

Nora Radcliffe

181 In schedule 6, page 54, line 9, at end insert-

<( ) after subsection (2) insert-

"(2A) Before making an order under subsection (1), the Scottish Ministers must-

(a) consult-

(i) Scottish Natural Heritage; and

(ii) such other persons as they think fit; and

(b) have regard to the opinions expressed.

(2B) An order under subsection (1) must be accompanied by a statement outlining the views of those consulted by virtue of subsection (2A), and how the Scottish Ministers have taken account of those views.",>

Nora Radcliffe

182 In schedule 6, page 54, line 11, leave out from <each> to end of line 12 and insert <subsection (2), for "and 11" substitute ", 11(4) and 22(1)",

( ) in subsection (3), for "or 11" substitute ", 11(4) or 22(1)".>

Schedule 7

Nora Radcliffe

183 In schedule 7, page 55, line 34, leave out <Section> and insert <Sections 6 (Natural Heritage Areas) and>

Nora Radcliffe

  1. In schedule 7, page 55, line 34, leave out <is> and insert <are>

Education (Additional Support for Learning) (Scotland) Bill - Stage 2

Section 2

Donald Gorrie

110 In section 2, page 2, line 6, leave out <or>

Donald Gorrie

111 In section 2, page 2, line 6, leave out <or> and insert <and>

Ms Rosemary Byrne

112 In section 2, page 2, leave out lines 7 and 8

Before section 3

Scott Barrie

63A As an amendment to amendment 63, in line 16, at end insert <, which circumstance shall be presumed to arise only exceptionally>

Section 3

Ms Rosemary Byrne

113 In section 3, page 2, line 21, at end insert-

<( ) the best interests of such children and young people, and>

Robert Brown

114 In section 3, page 2, line 33, after <adequacy> insert <and effectiveness>

Robert Brown

65A As an amendment to amendment 65, line 3, leave out <they consider> and insert <is>

Robert Brown

65B As an amendment to amendment 65, line 11, at end insert <, voluntary sector organisation, or parent or relative of the child>

Robert Brown

115 In section 3, page 2, line 35, leave out from <, so> to first <of> in line 37 and insert <provide such additional support as is appropriate for>

Section 4

Lord James Douglas-Hamilton

116 In section 4, page 3, line 18, at end insert-

<(2A) In deciding whether or not a request under subsection (2) is unreasonable, an education authority must take into account the written findings of any process of assessment or examination for the purpose of ascertaining whether the child or young person-

(a) has additional support needs, or

(b) requires a co-ordinated support plan,

submitted to them by the person making the request, provided the person who carried out the process was prima facie an appropriate person to do so.>

Scott Barrie

117 In section 4, page 3, line 20, at end insert-

<( ) the child, if the child has capacity,>

Robert Brown

118 In section 4, page 4, line 4, at end insert-

<(8A) The education authority may, for the purposes of subsection (8), by notice, require any person to co-operate with the arrangements made by the authority under subsection (1).

(8B) Any person who wilfully fails to comply with a requirement under subsection (8A) is guilty of an offence and liable on summary conviction to a fine not exceeding level two on the standard scale.>

Section 5

Scott Barrie

119 In section 5, page 4, line 25, at end insert-

<( ) the child, if the child has capacity,>

Scott Barrie

120 In section 5, page 5, line 15, at end insert-

<( ) the child, if the child has capacity,>

Section 6

Lord James Douglas-Hamilton

121 In section 6, page 5, line 33, at end insert-

<(1A) If, instead of making an assessment request the person making the request submits with the request written findings of the type specified in subsection (1B), the education authority must take those findings into account as if they were findings resulting from a process of assessment or examination carried out in pursuance of an assessment request.

(1B) Written findings are of the type mentioned in subsection (1A) if they-

(a) resulted from a process of assessment or examination for the purpose of ascertaining whether the child or young person to whom the request relates-

(i) has additional support needs, or

(ii) requires a co-ordinated support plan,

carried out by a person who is prima facie an appropriate person to carry out such assessments or examinations, and

(b) conclude that the child or young person has additional support needs or, as the case may be, requires a co-ordinated support plan.>

Robert Brown

122 In section 6, page 5, line 38, after <request> insert <or otherwise>

Ms Rosemary Byrne

123 In section 6, page 5, line 38, leave out from <such> to end of line 39 and insert <an appropriately qualified professional.>

Robert Brown

124 In section 6, page 5, line 38, after <person> insert <and by such means>

Lord James Douglas-Hamilton

125 In section 6, page 5, line 39, after <authority> insert <after consultation with the person making the request>

Lord James Douglas-Hamilton

126 In section 6, page 5, line 39, at end insert-

<(3A) The education authority must inform in writing the person making the request of the findings of the process referred to in subsection (1)(b) and if the person making the request is dissatisfied with those findings that person may arrange for a further such process to be carried out by such person as the person making the request considers appropriate.

(3B) In coming to a view in pursuance of a provision of this Act on whether a child or young person-

(a) has, or continues to have, additional support needs, or

(b) requires, would require, or continues to require a co-ordinated support plan,

an education authority must take account of the written findings of any further process carried out by virtue of subsection (3A) submitted to them by the person making the request, provided the person who carried out the process was prima facie an appropriate person to do so.>

Donald Gorrie

127 In section 6, page 6, line 2, leave out from <includes> to end of line 3 and insert <relates to multi-disciplinary assessment or examination comprising educational, psychological and medical elements, unless the person making the request specifies that one or more of these elements not be included.>

Section 7

Scott Barrie

128 In section 7, page 6, line 24, after second <the> insert <child (if the child has capacity) and the>

Section 8

Scott Barrie

129 In section 8, page 7, line 28, at end insert-

<( ) the child, if the child has capacity,>

Section 9

Scott Barrie

130 In section 9, page 8, line 22, at end insert-

<( ) the child, if the child has capacity,>

Scott Barrie

131 In section 9, page 8, line 39, at end insert-

<( ) to the child, if the child has capacity,>

Section 10

Donald Gorrie

132 In section 10, page 10, line 14, leave out <no later than 12> and insert <at least 24>

Section 11

Donald Gorrie

133 In section 11, page 10, line 40, leave out <no later than 6> and insert <at least 24>

Scott Barrie

134 In section 11, page 11, line 27, at end insert-

<( ) the child, if the child has capacity,>

Section 12

Donald Gorrie

135 In section 12, page 12, line 16, leave out <may> and insert <shall>

Donald Gorrie

136 In section 12, page 12, line 17, at end insert <and such regulations shall make provision for the provision of independent advocacy services to persons who make reference to a Tribunal under section 13(1) and to those such persons who appear before a Tribunal>

Section 13

Fiona Hyslop

137 In substitution for amendment 56-

In section 13, page 12, line 23, at end insert-

<( ) the child, if the child has capacity,>

Ms Rosemary Byrne

138 In section 13, page 13, line 4, at end insert-

<( ) any of the information contained in the plan by virtue of subsection (4)(b) of section 7,>

Donald Gorrie

139 In section 13, page 13, line 11, at end insert <, or

<(vi) failure by an appropriate agency to comply with section 19(3),>

Section 14

Ms Rosemary Byrne

140 In section 14, page 14, line 36, at end insert-

<( ) Where the reference relates to the failure referred to in subsection (3)(d)(vi) of that section, the Tribunal may require the appropriate authority to take such action to address the failure as the Tribunal considers appropriate by such time as the Tribunal may require.>

Section 16

Donald Gorrie

141 In section 16, page 15, line 17, after <authority> insert <or appropriate agency>

Scott Barrie

142 In section 16, page 15, line 18, at end insert-

<( ) children with capacity belonging to that area,>

Donald Gorrie

143 In section 16, page 15, line 21, after <authority> insert <or appropriate agency>

Donald Gorrie

144 In section 16, page 15, line 24, leave out from <in> to end of line 25 and insert <with the relevant authority or agency.>

Scott Barrie

145 In section 16, page 15, line 27, after <parent> insert <, child with capacity>

Donald Gorrie

146 In section 16, page 15, line 28, after <authority> insert <or appropriate agency>

Scott Barrie

147 In section 16, page 15, line 31, after <parent> insert <, child with capacity>

Donald Gorrie

148 In section 16, page 15, line 33, after <authority> insert <or appropriate agency>

Section 17

Scott Barrie

149 In section 17, page 15, line 38, at end insert-

<( ) any child with capacity belonging to that area,>

Section 19

Fiona Hyslop

150 In section 19, page 16, line 26, leave out <unless it considers that the request> and insert-

<( ) Subsection (3) does not require an appropriate agency to do anything which-

(a) they do not otherwise have power to do, or

(b) would result in unreasonable public expenditure being incurred.>

Ms Rosemary Byrne

151 In section 19, page 16, line 38, leave out from <, or> to end of line 39

Section 23

Ms Rosemary Byrne

152 In section 23, page 18, line 27, at end insert-

<( ) appropriate persons to carry out a process of assessment or examination under section 6(1)(b), and the professional qualifications of such persons,>

Before section 24

Scott Barrie

96B As an amendment to amendment 96, line 13, at beginning insert <subject to subsection (3),>

Scott Barrie

96C As an amendment to amendment 96, line 27, at end insert-

<(3) Where the request was made by a child and it would be contrary to the child's best interests to be given the reasons for the decision in relation to the request, or any other information connected with the decision, an education authority must give reasons for the decision to the child's parents instead of the child.>

Section 24

Scott Barrie

153 In section 24, page 19, line 8, at end insert-

<"child with capacity" means-

(a) in relation to the provision of information or advice or the giving of a copy of a plan, a child capable of having a general understanding of the information, advice or plan,

(b) in relation to the making of a request or referral, a child who has a general understanding of the nature of the request or referral and the consequences of making it, and

(c) in relation to a disagreement or dispute, a child who has a general understanding of the nature of the disagreement or dispute and the consequences of a failure to resolve it,

and a child of twelve year of age or more shall be presumed to be of sufficient age and maturity to have understanding; and related expressions shall be construed accordingly,>

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 of the Standing Orders.John Farquhar Munro: Proposed Human Organ Transplantation (Register) Bill-Proposal for a Bill to make provision for the transplantation of organs unless an objection is received. (lodged 21 January 2004)

Supported by: Kate Maclean, Robin Harper, Carolyn Leckie, Ms Rosemary Byrne, Tommy Sheridan, Donald Gorrie, Alex Fergusson, Mike Pringle, Iain Smith, Nora Radcliffe, Linda Fabiani, Stewart Stevenson, George Lyon, Mr Stewart Maxwell, Shiona Baird, Dennis Canavan, Frances Curran, Eleanor Scott, Alex Neil, Mr Rob Gibson, Mr Kenny MacAskill, John Swinburne, Margaret Jamieson, Chris Ballance, Nicola Sturgeon, Mr Kenneth Macintosh, Cathie Craigie, Janis Hughes, Paul Martin, Scott Barrie, Mr John Home Robertson, Mr Alasdair Morrison, Christine Grahame

 

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