Back to the Scottish Parliament Business Bulletin No.138/2005: Thursday 29 September 2005
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Section G – Bills

New Bills introduced or reprinted on 28 September 2005

Scottish Schools (Parental Involvement) Bill—A Bill for an Act of the Scottish Parliament to make further provision for the involvement of parents in their children’s education and in school education generally; to provide for the establishment of councils to represent the parents of pupils attending public schools; to abolish School Boards; to make further provision as regards the appointment of headteachers and deputy headteachers; to make further provision as regards the content of the development plan for a school; and for connected purposes. (SP Bill 45) (Executive Bill)

Introduced by: Peter Peacock

Supported by: Robert Brown

Explanatory Notes (and other accompanying documents) (SP Bill 45-EN) and a Policy Memorandum (SP Bill 45-PM) were printed to accompany the Bill.

New amendments to Bills lodged on 28 September 2005

Family Law (Scotland) Bill – Stage 2

After section 2

Cathy Jamieson

1 After section 2, insert—

<Abolition of marriage by cohabitation with habit and repute

(1) The rule of law by which marriage may be constituted by cohabitation with habit and repute shall cease to have effect.

(2) Nothing in subsection (1) shall affect the application of the rule in relation to cohabitation with habit and repute where the cohabitation with habit and repute—

(a) ended before the commencement of this section (“commencement”);

(b) began before, but ended after, commencement; or

(c) began before, and continues after, commencement.>

Section 3

Cathy Jamieson

2 In section 3, page 2, line 14, leave out from <after> to end of line 15 and insert <the words “(except declarators of marriage or nullity of marriage)” shall be repealed.>

After section 4

Cathy Jamieson

3 After section 4, insert—

<Occupancy rights: effect of court action

In section 3 of the 1981 Act (regulation by court of rights of occupancy of matrimonial home), after subsection (8) there shall be added—

“(9) Where an application is made under subsection (1) above, no account shall be taken of the period beginning with the date on which the application is made and ending with the date on which an order under that subsection (or other final determination of the application) is made in calculating the period of two years mentioned in sections 1(7)(a) and 6(3)(f) of this Act.”.>

Section 7

Cathy Jamieson

4 In section 7, page 4, line 17, after <enactment> insert <; and

(b) following the transfer, the spouse to whom the tenancy was transferred occupies the home but the other spouse does not,>

Schedule 1

Cathy Jamieson

5 In schedule 1, page 20, line 17, leave out <subsection (1) of>

Cathy Jamieson

6 In schedule 1, page 20, line 18, after <home)> insert—

<( ) in subsection (1),>

Cathy Jamieson

7 In schedule 1, page 20, line 18, at end insert <; and

( ) after subsection (9) there shall be added—

“(10) Where an application is made under subsection (1), no account is to be taken of the period beginning with the date on which the application is made and ending with the date on which an order under that subsection (or other final determination of the application) is made in calculating the period of two years referred to in sections 101(6A)(a) and 106(3)(f).”.>

Cathy Jamieson

8 In schedule 1, page 22, line 32, after <enactment> insert <; and

(b) following the transfer, the civil partner to whom the tenancy was transferred occupies the home but the other civil partner does not,>

Housing (Scotland) Bill – Stage 2

Section 110

Malcolm Chisholm

135 In section 110, page 55, line 30, at end insert—

<(2A) Regulations made under subsection (1) may, in particular, specify circumstances in which an offer to sell need not contain prescribed information unless the tenant pays, or undertakes to pay, to the landlord such sum as may be specified in the regulations.>

Schedule 4

Malcolm Chisholm

136 In schedule 4, page 100, leave out lines 29 to 32 and insert <, the information set out in sub-paragraph (2A),>

Malcolm Chisholm

137 In schedule 4, page 100, line 32, at end insert—

<(ca) if the applicant wishes the HMO licence to authorise an agent to act for the applicant in relation to the occupation of the living accommodation—

(i) where the agent is an individual, the name and address of the agent, or

(ii) where the agent is a body, the information set out in sub-paragraph (2A),>

Malcolm Chisholm

138 In schedule 4, page 100, line 35, at end insert—

<(2A) The information referred to in sub-paragraph (2)(c) and (ca)(ii) is—

(a) the name of the body,

(b) the body’s principal office, and

(c) the name and address of each of the directors, partners or other persons concerned in the management of the body.>

Malcolm Chisholm

139 In schedule 4, page 101, line 5, after <1(2)> insert <and (2A)>

Malcolm Chisholm

140 In schedule 4, page 101, line 6, leave out <head (c)(iii)> insert <sub-paragraph (2A)(c)>

Section 123

Malcolm Chisholm

141 In section 123, page 61, line 12, leave out <the applicant> and insert <any of the persons mentioned in subsection (1A)>

Malcolm Chisholm

142 In section 123, page 61, line 13, leave out <the applicant> and insert <any of those persons>

Malcolm Chisholm

143 In section 123, page 61, line 14, at end insert—

<(1A) Those persons are—

(a) the applicant,

(b) any agent specified in the application, and

(c) where the applicant or agent is not an individual, any director, partner or other person concerned in the management of the applicant or agent.>

Malcolm Chisholm

144 In section 123, page 61, line 19, leave out subsection (3)

Section 138

Malcolm Chisholm

145 In section 138, page 68, line 30, at end insert <, or

( ) the licence holder authorises any person who is not specified as the licence holder’s agent in the HMO licence to do anything which directly permits or facilitates the occupation of the living accommodation concerned as an HMO which requires to be licensed under this Part.>

Malcolm Chisholm

146 In section 138, page 68, line 37, after <when> insert—

<(i)>

Malcolm Chisholm

147 In section 138, page 68, line 38, after <licensed> insert <, or

(ii) an HMO licence does not authorise the person to do so,>

Malcolm Chisholm

148 In section 138, page 68, line 40, at end insert—

<(4A) An agent specified in an HMO licence commits an offence if the agent, without reasonable excuse, causes any condition included in the HMO licence to be breached at any time during which the living accommodation concerned is an HMO which requires to be licensed under this Part.>

Section 140

Malcolm Chisholm

149 In section 140, page 70, line 4, leave out <(4)(a)> and insert <(4)(a)(i)>

Malcolm Chisholm

150 In section 140, page 70, line 6, after <(3),> insert <(4)(a)(ii),>

Malcolm Chisholm

151 In section 140, page 70, line 6, after <(4)(b)> insert <, (4A)>

Section 141

Malcolm Chisholm

152 In section 141, page 70, line 15, at end insert <nor an agent acting for that owner)>

Malcolm Chisholm

153 In section 141, page 70, line 20, leave out from <disqualify> to <concerned> and insert <where the convicted person is the owner of the living accommodation concerned, disqualify the owner>

Malcolm Chisholm

154 In section 141, page 70, line 23, at end insert—

<( ) where the convicted person acted as agent for the owner of the living accommodation concerned, disqualify the convicted person (and, where the convicted person is not an individual, any director, partner or other person concerned in the management of the convicted person) from being able to act as agent for any licence holder for such period not exceeding 5 years as may be specified in the order.>

Section 144

Malcolm Chisholm

155 In section 144, page 73, line 20, at end insert—

<( ) the name of any agent specified in the application,>

After section 148

Malcolm Chisholm

156 After section 148, insert—

<Agents

(1) Where the local authority serves a notice on an applicant or licence holder under this Part (except section 136), the local authority must serve a copy of the notice (and any documents accompanying it) on any agent specified in the application or, as the case may be, the HMO licence.

(2) But service under subsection (1) does not entitle the agent to make representations or appeal any decision under this Part except on behalf of the applicant or licence holder.>

Schedule 5

Malcolm Chisholm

157 In schedule 5, page 106, line 22, at end insert—

<Fire (Scotland) Act 2005 (asp 5)

In section 78(5)(a) of the Fire (Scotland) Act 2005, for the words from “as” to “required” substitute “which requires to be licensed under Part 4 of the Housing (Scotland) Act 2005 (asp 00)”.>

Schedule 6

Malcolm Chisholm

158 In schedule 6, page 108, line 17, at end insert—

<Fire (Scotland) Act 2005 (asp 5) Section 78(5)(f)>

Licensing (Scotland) Bill – Stage 2

After section 116

Bruce Crawford

186 After section 116, insert—

<Special provisions for existing licensed premises

Special provisions for existing licensed premises

(1) This section applies in relation to an application for a premises licence—

(a) made in respect of premises in respect of which, at the date on which this Act comes into force, a licence (including the provisional grant of a licence) has been granted under the Licensing (Scotland) Act 1976, and

(b) where—

(i) the times during which it is proposed that alcohol be sold on the premises are the same as the existing permitted hours (including any extensions) in respect of the premises, or

(ii) the number of hours in a day during which it is proposed that alcohol be sold on the premises does not exceed the number of hours (including any extensions) during which alcohol may be sold under the existing licence.

(2) Where this section applies—

(a) section 19(2)(b)(iii) does not apply,

(b) section 22 applies as if—

(i) for subsections (3) to (5) of that section, there was substituted—

“(3) Unless the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, the Board must grant the application.”,

(ii) the reference in subsection (6) to subsection (5)(b) was to subsection (3) (as inserted by sub-paragraph (i) of this paragraph), and

(ii) subsections (8) and (9) did not exist, and

(c) section 48 does not apply.>

Section 137

Mr Andrew Arbuckle

187 In section 137, page 76, line 11, at end insert—

<“capacity”, in relation to licensed premises, means—

(a) in relation to licensed premises on which alcohol is sold for consumption on the premises (including any such premises on which alcohol is also sold for consumption off the premises) and taking account of—

(i) the nature and extent of the likely sale of alcohol in the premises,

(ii) any views about the premises which may be expressed to the Licensing Board by the enforcing authority under section 61 of the Fire (Scotland) Act 2005 (asp 5), and

(iii) the provisions contained in fire safety regulations,

the maximum number of customers which can be accommodated in the premises at any one time, and

(b) in relation to licensed premises on which alcohol is sold only for consumption off the premises, and taking account of—

(i) the nature and extent of the likely sale of alcohol in the premises,

(ii) any views about the premises which may be expressed to the Licensing Board by the enforcing authority under section 61 of the Fire (Scotland) Act 2005 (asp 5), and

(iii) the provisions contained in fire safety regulations,

the amount of space in the premises given over to the display of alcohol for sale,>

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