Back to the Scottish Parliament Business Bulletin No.24/2005: Wednesday 9 February 2005
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

C
D
I


Section G – Bills

New amendments to Bills lodged on 8 February 2005

Further and Higher Education ( Scotland) Bill – Stage 2

Section 5

Mr Jim Wallace

7 In section 5, page 2, line 24, leave out <a learning difficulty> and insert <support needs>

Mr Jim Wallace

8 In section 5, page 2, line 25, leave out <is designed predominantly to prepare> and insert <prepares>

Mr Jim Wallace

9 In section 5, page 2, line 39, leave out <a learning difficulty> and insert <support needs>

Mr Jim Wallace

10 In section 5, page 3, line 3, leave out subsection (4)

Section 7

Mr Jim Wallace

11 In section 7, page 4, line 10, after <needs> insert <(including support needs)>

Mr Jim Wallace

12 In section 7, page 4, line 11, after <needs> insert <(including support needs)>

After section 7

Mr Jim Wallace

13 After section 7, insert—

<Support needs

(1) In this Act, a person has “support needs” if the person needs support for the purposes of overcoming a difficulty in learning, or a difficulty in participating in learning, which the person has.

(2) And—

(a) a person has a difficulty in learning if the person has significantly greater difficulty in learning than the majority of other persons within the same age group as the person; and

(b) a person has a difficulty in participating in learning if the person has greater difficulty in participating in learning than the majority of other persons within the same age group as the person.

(3) But a person is not be to be taken as having a difficulty in learning, or a difficulty in participating in learning, solely because the language (or form of the language) in which the person is, or will be, taught is different to a language (or form of a language) which has at any time been spoken in the person’s home.>

Section 8

Mr Jim Wallace

14 In section 8, page 6, line 11, at end insert—

<( ) Before making an order under subsection (6) or (7), the Scottish Ministers must consult—

(a) the Council;

(b) at least one body of persons which appears to the Scottish Ministers to be representative of students of the fundable bodies;

(c) such governing bodies of fundable bodies as the Scottish Ministers consider appropriate; and

(d) such other persons as the Scottish Ministers consider appropriate.>

Section 11

Mr Jim Wallace

15 In section 11, page 8, line 6, leave out <as it considers appropriate> and insert <if it considers it appropriate to do so>

Section 12

Mr Jim Wallace

16 Leave out section 12

Section 13

Mr Jim Wallace

17 In section 13, page 8, line 30, leave out < as it considers appropriate> and insert <if it considers it appropriate to do so>

Section 20

Mr Jim Wallace

18 In section 20, page 11, line 12, after first <needs> insert <(including support needs)>

Mr Jim Wallace

19 In section 20, page 11, line 12, after second <needs> insert <(including support needs)>

Section 22

Mr Jim Wallace

20 In section 22, page 11, line 33, leave out <as it considers appropriate, consult> and insert <where it considers it appropriate to do so, consult any or all of>

Mr Jim Wallace

21 In section 22, page 12, line 16, leave out from <; and> to end of line 17

Mr Jim Wallace

22 In section 22, page 12, line 21, at end insert—

<( ) The Scottish Ministers may by order modify subsections (4) and (5).>

Section 23

Mr Jim Wallace

23 In section 23, page 12, line 34, leave out from second <or> to end of line 35 and insert <over or in respect of any property; or

( ) create any trust or security over or in respect of any property,

without the written consent of the Scottish Ministers.>

Mr Jim Wallace

24 In section 23, page 12, line 38, after <subsection> insert <(3) or>

Mr Jim Wallace

25 In section 23, page 13, line 12, leave out <Subsections (3) and (4) apply> and insert <Subsection (4) applies>

Schedule 3

Mr Jim Wallace

26 In schedule 3, page 25, line 17, after <Part> insert <of this Act>

Mr Jim Wallace

27 In schedule 3, page 26, line 13, at end insert—

<Education (Graduate Endowment and Student Support) ( Scotland) Act 2001 (asp 6)

In the Education (Graduate Endowment and Student Support) ( Scotland) Act 2001, in paragraph (a) of the definition of “publicly funded institution” in subsection (5) of section 1 (the graduate endowment), for the words “4 or 40 of the 1992 Act” there is substituted “11 of the Further and Higher Education ( Scotland) Act 2005 (asp 00)”.>

Section 32

Mr Jim Wallace

28 In section 32, page 15, line 33, leave out <7(4)> and insert <5(7), 7(1) or (4)>

Mr Jim Wallace

29 In section 32, page 15, line 33, leave out <8(7)> and insert <8(6) or (7)>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

The Bills page of the Parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Mark Ruskell: Proposed Liability for Release of Genetically Modified Organisms (Scotland) Bill —Proposal for a Bill to amend the law of damages in relation to the release of genetically modified organisms by making the holder of the consent to release strictly liable for economic damages that result from GM contamination (lodged 25 January 2005)

A copy of the statement of reasons on why further consultation is not required lodged on 13 December 2004 is available in the Scottish Parliament Information Centre ( SPICe).

The Environment and Rural Development Committee indicated on 19 January 2005 that it was satisfied with those reasons.

A copy of the consultation paper together with copies of each response and a summary of all responses (including the conclusions drawn from those responses) are available in SPICe.



C
D
I