Back to the Scottish Parliament Business Bulletin No.62/2005: Thursday 21 April 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

An
I

Section G – Bills

New Bills introduced or reprinted on 20 April 2005

Further and Higher Education (Scotland) Bill—The Bill was reprinted as passed (SP Bill 26B) (Executive Bill).

New amendments to Bills lodged on 20 April 2005

Charities and Trustee Investment (Scotland) Bill – Stage 2

Section 33

Malcolm Chisholm

119 In section 33, page 17, line 2, at end insert <and it has not previously prepared a report of the subject matter of those inquiries under this subsection or subsection (2).>

Malcolm Chisholm

120 In section 33, page 17, line 3, at end insert—

<( ) A report prepared under this section may relate to two or more inquiries.>

Malcolm Chisholm

121 In section 33, page 17, line 12, leave out <the report> and insert <a report prepared under subsection (1)>

Malcolm Chisholm

122 In section 33, page 17, line 14, leave out <the report> and insert <a report prepared under this section>

Malcolm Chisholm

123 In section 33, page 17, line 14, leave out <the inquiries> and insert <inquiries made under section 28>

Section 56

Malcolm Chisholm

124 In section 56, page 29, line 24, leave out second <section> and insert <sections (Determination of application for conversion) and>

Malcolm Chisholm

125 In section 56, page 29, line 26, leave out from beginning to <apply> and insert <Section 54(2) applies>

Malcolm Chisholm

126 In section 56, page 29, line 27, leave out <they apply> and insert <it applies>

Malcolm Chisholm

127 In section 56, page 29, line 27, at end insert <(but sections 4 and 5 do not apply in relation to an application for conversion)>

After section 56

Malcolm Chisholm

128 After section 56, insert—

<Determination of application for conversion

(1) Before determining an application for conversion, OSCR must consult—

(a) the appropriate registrar, and

(b) such other persons as it thinks fit,

about whether the application should be granted.

(2) OSCR may grant an application for conversion only if it considers that the charity, if converted into a SCIO as proposed, would continue to meet the charity test.

(3) OSCR must refuse an application for conversion if—

(a) it considers that the SCIO’s proposed name falls within section 10,

(b) the SCIO’s proposed constitution does not comply with one or more of the requirements of section 50 and any regulations made under that section, or

(c) the application must, by virtue of regulations under section 6(1), be refused.

(4) If OSCR considers that a charity, if converted into a SCIO as proposed in an application for conversion, would continue to meet the charity test, OSCR may refuse the application on grounds other than those set out in subsection (3) only if it is satisfied by any representations received from those whom it consulted under subsection (1) that such a refusal would be appropriate.>

Section 57

Malcolm Chisholm

129 In section 57, page 30, line 6, leave out from second <the> to <56(5)(a)> in line 7 and insert <each of the resolutions of the converting company or registered society referred to in section 56(5)>

Malcolm Chisholm

130 In section 57, page 30, line 30, after <In> insert <section (Determination of application for conversion) and in>

Section 58

Malcolm Chisholm

131 In section 58, page 31, leave out lines 5 and 6

Malcolm Chisholm

132 In section 58, page 31, line 7, at end insert <(but sections 4 and 5 do not apply in relation to an application for amalgamation)>

Section 63

Malcolm Chisholm

133 In section 63, page 33, line 27, at end insert—

<( ) the maintenance of registers of information about SCIOs (for example, registers of members, of charity trustees or of charges over the SCIO’s assets),>

Section 66

Malcolm Chisholm

134 In section 66, page 35, line 24, after <charity> insert <(in the capacity of a charity trustee or otherwise)>

Malcolm Chisholm

135 In section 66, page 36, line 17, after <any> insert <authorising>

Malcolm Chisholm

136 In section 66, page 36, line 20, at end insert—

<( ) For the purposes of subsection (5)(a), an "authorising provision" is a provision which refers specifically to the payment of remuneration—

(a) to the service provider concerned,

(b) where that service provider is a charity trustee, to a charity trustee, or

(c) where that service provider is connected to a charity trustee, to any person so connected.>

Schedule 4

Malcolm Chisholm

137 In schedule 4, page 66, line 26, at end insert—

<Companies Act 1985 (c.6)

In section 380 of the Companies Act 1985, after subsection (4) insert—

"(4ZA) This section does not, despite paragraphs (a) to (c) of subsection (4), apply to any resolution of a company which is—

(a) registered as a company in Scotland, and

(b) entered in the Scottish Charity Register,

where that resolution is of either of the types mentioned in section 56(5) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 00).">

Protection of Children and Prevention of Sexual Offences (Scotland) Bill – Stage 2

Section 2

Cathy Jamieson

34 In section 2, page 3, line 2, at end insert—

<( ) An application under subsection (1) above shall be made by summary application.>

Cathy Jamieson

35 In section 2, page 3, line 2, at end insert—

<( ) Such an application shall be made within—

(a) the period of 3 months beginning with the date on which the matter mentioned in subsection (1)(a) above appears to the applicant to be the case; or

(b) such longer period as the sheriff considers equitable having regard to all the circumstances.>

Section 3

Cathy Jamieson

36 In section 3, page 3, line 33, after <person> insert <aged>

Section 4

Cathy Jamieson

37 In section 4, page 4, line 15, leave out <subsections (4) and (5)> and insert <subsection (4)>

Cathy Jamieson

38 In section 4, page 4, line 15, after <sheriff> insert—

<( ) if satisfied, except where the application is made by the chief constable mentioned in subsection (2)(c) above, that the application has been intimated to that chief constable; and

( )>

Cathy Jamieson

39 In section 4, page 4, line 24, leave out subsection (5)

Section 5

Cathy Jamieson

40 In section 5, page 5, line 6, leave out <considering it just to do so> and insert <subsection (3A) applies>

Cathy Jamieson

41 In section 5, page 5, line 8, at end insert—

<(3A) This subsection applies if the sheriff is satisfied—

(a) except where the application is made by way of the main application, that it has been intimated to the person against whom it is made;

(b) that prima facie the person against whom the order is sought has on at least two occasions, whether before or after the commencement of section 2 above, done an act within subsection (3) of that section; and

(c) that it is just to make the order.>

Gaelic Language (Scotland) Bill – Stage 3

Section 5

Amendment 49 was lodged as a manuscript amendment under Rule 9.10.6. The Presiding Officer has agreed under that Rule that this amendment may be moved at the meeting of the Parliament on 21 April 2005.

Peter Peacock

49 In section 5, page 5, line 36, leave out <that subsection> and insert <subsection (3A)(c)>

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.

Alex Neil MSP: Proposed Commissioner for Older People (Scotland) Bill—Proposal for a Bill to establish a Commissioner for Older People with duties to protect and further their rights and interests. (lodged 13 April 2005)

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) is available in SPICe.

A copy of a statement of reasons lodged on 7 December 2004 is available in the Scottish Parliament Information Centre (SPICe).

The Equal Opportunities Committee indicated on 11 January 2005 that it was satisfied with those reasons.

Supported by: Rosie Kane, Ms Sandra White, Ms Rosemary Byrne, Stewart Stevenson, Mr Bruce McFee, John Swinburne, Rob Gibson, Mr Stewart Maxwell, Mr Adam Ingram, Brian Adam, Mike Pringle, Frances Curran, Christine Grahame, Robin Harper, Tricia Marwick, Tommy Sheridan

Mr Adam Ingram: Proposed Civil Appeals (Scotland) Bill—Proposal for a Bill to Proposal for a Bill to create a Civil Appeals Committee in the Court of Session as a final appeal procedure in Scottish civil cases. (lodged 19 April 2005)

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.

A copy of a statement of reasons lodged on 18 February 2005 is available in the Scottish Parliament Information Centre (SPICe).

The Justice 2 Committee indicated on 22 March 2005 that it was satisfied with those reasons.

Supported by: Fergus Ewing, Mr Bruce McFee, Margo MacDonald, Campbell Martin, Christine Grahame, Ms Sandra White, Brian Adam*



An
I