Back to the Scottish Parliament Business Bulletin No.63/2005: Friday 22 April 2005
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Section G – Bills

New Bills introduced or reprinted on 21 April 2005

Gaelic Language (Scotland) Bill—The Bill was reprinted as passed (SP Bill 25B) (Executive Bill).

New amendments to Bills lodged on 21 April 2005

Charities and Trustee Investment (Scotland) Bill – Stage 2

Section 20

Christine Grahame

138 In section 20, page 10, line 21, leave out <38(1) or (2)> and insert <38(2)>

Section 38

Christine Grahame

139 In section 38, page 20, line 14, leave out subsection (1)

Christine Grahame

140 In section 38, page 20, line 22, leave out <any of the functions referred to in subsection (1)> and insert <OSCR’s functions under sections 28 to 35 (other than section 30), and any of OSCR’s general functions relating to those provisions,>

Christine Grahame

141 In section 38, page 20, line 36, leave out subsection (7)

Christine Grahame

142 In section 38, page 21, line 2, leave out <(1) or>

Christine Grahame

143 In section 38, page 21, line 4, leave out subsection (9)

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

Section 2

Marlyn Glen

42 In section 2, page 2, line 30, leave out <aged 18 or over>

Stewart Stevenson

43 In section 2, page 3, line 3, at beginning insert <Subject to subsection (3A) below,>

Stewart Stevenson

44 In section 2, page 3, line 9, at end insert—

<(3A) An act described in paragraphs (b) to (d) of subsection (3) above is not an act within that subsection if the act was done for the protection of the child.>

Mrs Mary Mulligan

45 In section 2, page 3, line 10, after <may> insert <after giving parties an opportunity to be heard>

Mrs Mary Mulligan

46 In section 2, page 3, line 15, at end insert—

<(4A) Before making a risk of sexual harm order, the sheriff shall, where the person against whom the order is sought is present in court, explain in ordinary language—

(a) the effect of the order and the prohibitions proposed to be included in it;

(b) the consequences of failing to comply with the order;

(c) the powers the sheriff has under sections 4 and 6; and

(d) the entitlement of that person to appeal against the making of the order.

(4B) Failure to comply with subsection (4A) above shall not affect the validity of the order.>

Mrs Mary Mulligan

47 In section 2, page 3, line 20, at end insert—

<( ) unless otherwise stated in the order, has effect throughout Scotland.>

Section 3

Stewart Stevenson

48 In section 3, page 3, line 32, at end insert—

<( ) an act is done for the protection of a child if the person acts for the purpose of—

(i) protecting the child from sexually transmitted infection;

(ii) protecting the physical, psychological or emotional safety of the child, including preventing the child from becoming pregnant; or

(iii) promoting the child’s physical, psychological or emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing, facilitating or encouraging the activity constituting the act described in paragraphs (b) to (d) of subsection (3) above or the child’s participation in it;>

Section 5

Marlyn Glen

49 In section 5, page 5, line 6, leave out <if considering it just to do so> and insert <after giving parties an opportunity to be heard, and if satisfied—

(a) that prima facie the conditions mentioned in paragraphs (a) and (b) of section 2(4) are met; and

(b) that it is in the interests of justice to do so,>

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, Roseanna Cunningham*

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, Alex Neil*, Mr Stewart Maxwell*, John Swinburne*



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