Back to the Scottish Parliament Business Bulletin No.78/2005: Monday 16 May 2005
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Section G – Bills

New amendments to Bills lodged on 13 May 2005

Smoking, Health and Social Care (Scotland) Bill – Stage 2

After section 4

Margo MacDonald

33 After section 4, insert––

<No-smoking premises: further provision for licensed premises

(1) This section applies where, by virtue of regulations under section 4(2), licensed premises are no-smoking premises.

(2) The owner of, or person who holds the licence for, the licensed premises may apply to the Licensing Board within whose area the premises are situated for the premises to be treated as if they are not no-smoking premises.

(3) The Licensing Board may grant applications under subsection (2) only exceptionally and in determining such applications must have regard to—

(a) the views of any employees who work in the licensed premises;

(b) the adequacy of ventilation in the licensed premises;

(c) the number and capacity of other licensed premises in the locality in which the licensed premises are situated in respect of which applications under subsection (2) have been granted; and

(d) the level of public demand for licensed premises which are not no-smoking premises.

(4) Where the Licensing Board grants an application under subsection (2), the licensed premises are, for the purposes of sections 1, 2 and 3 and despite any regulations under section 4(2) by virtue of which the premises are no-smoking premises, to be treated as if they are not no-smoking premises.

(5) Licensed premises which are to be treated as if they are not no-smoking premises by virtue of this section may advertise that fact.

(6) The Scottish Ministers may by regulations make further provision about the making and determination of, and the effect of granting, applications under subsection (2).>

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, Shona Robison, Margo MacDonald.

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, Tommy Sheridan, Fergus Ewing, Christine Grahame, Carolyn Leckie, Jim Mather, Mrs Margaret Ewing, Rob Gibson, Mr Kenny MacAskill, Michael Matheson, Alasdair Morgan, Richard Lochhead

Karen Whitefield MSP: Proposed Christmas and New Year’s Day Trading in Scotland Bill —Proposal for a Bill to prohibit large retail premises from trading on Christmas Day and New Year’s Day. (lodged 11 May 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 the statement of reasons on why further consultation is not required lodged on 1 December 2004 is available in the Scottish Parliament Information Centre (SPICe).

The Justice 1 Committee indicated on 12 January 2005 that they were satisfied with those reasons.

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