Back to the Scottish Parliament Business Bulletin No.166/2005: Friday 18 November 2005
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Section G – Bills

New amendments to Bills lodged on 17 November 2005

Family Law (Scotland) Bill – Stage 2

Schedule 1

Cathy Jamieson

In substitution for amendment 100—

124 In schedule 1, page 22, line 24, at end insert—

<In section 123 (nullity) (which shall become subsection (1) of that section)—

(a) the word "or", which occurs immediately after paragraph (a), shall be repealed;

(b) the word "validly" in paragraph (b) shall be repealed;

(c) at the end of paragraph (b) there shall be inserted ", or

(c) at the time of registration one of them who was capable of consenting to the formation of the civil partnership gave consent but did so by reason only of duress or error."; and

(d) at the end, there shall be added—

"(2) In this section "error" means—

(a) error as to the nature of civil partnership, or

(b) a mistaken belief held by a person ("A") that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.".>

Schedule 2

Cathy Jamieson

125 In schedule 2, page 23, line 22, at end insert—

<The Children (Scotland) Act 1995 (c.36)

In subsection (4) of section 12 of the Children (Scotland) Act 1995 (restrictions on decrees for divorce, separation or annulment affecting children)—

(a) the existing words from "the parties" to the end shall become paragraph (a) (with the existing paragraphs (a) and (b) becoming sub-paragraphs (i) and (ii)); and

(b) after the new paragraph (a), there shall be added "; or

"(b) the partners in a civil partnership, means a child who has been treated by both partners as a child of the family which their partnership constitutes.".>

Housing (Scotland) – Stage 3

Section 13

Malcolm Chisholm

5 In section 13, page 6, line 33, at end insert <, and

(f) the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.>

Malcolm Chisholm

6 In section 13, page 7, line 5, at end insert—

<( ) In determining whether a house meets the standard of repair mentioned in subsection (1)(f), regard is to be had to any building regulations and any guidance issued by the Scottish Ministers on provision for detecting fires and for giving warning in the event of fire or suspected fire.>

Schedule 2

Malcolm Chisholm

7 In schedule 2, page 105, line 22, at end insert—

<Duty to consult on provision for detecting fires

The committee must, where the application relates to the standard of repair mentioned in section 13(1)(f), consult the chief officer of the fire and rescue authority for the area in which the house concerned is situated.>

Malcolm Chisholm

8 In schedule 2, page 106, line 6, at end insert—

<( ) to consent under section 28(6) to the landlord entering into a tenancy or occupancy agreement,>

Malcolm Chisholm

9 In schedule 2, page 106, line 13, after <procedure> insert <, if any,>

Malcolm Chisholm

10 In schedule 2, page 106, line 17, leave out <and> and insert—

<( ) where the committee is aware of the name and address of a person who acts for the tenant in relation to the tenant’s application, that person, and

( )>

Section 23

Malcolm Chisholm

11 In section 23, page 10, line 30, at end insert <, and

( ) where the president is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.>

After section 28

Tricia Marwick

12 After section 28, insert—

<Repairing standard enforcement orders: termination of a short assured tenancy

In section 33 (recovery of possession on termination of a short assured tenancy) of the Housing (Scotland) Act 1988 (c.43), after paragraph (a) of subsection (1) insert—

"(aa) that no referral under section 23(1) of the Housing (Scotland) Act 2005 (asp00) is being considered by a private rented housing committee under section 24(1) of that Act,

(ab) that no order issued under section 24(2) of that Act has effect in relation to the house,".>

Section 29

Cathie Craigie

13 In section 29, page 13, line 34, at end insert—

<( ) Each such report must report the frequency with which applications to the panel (whether valid or invalid within the terms of section 22) include complaints about the landlord’s management of the tenancy.>

Section 39

Malcolm Chisholm

14 In section 39, page 18, line 31, leave out <37(2)> and insert <37(1)>

Section 52

Malcolm Chisholm

15 In section 52, page 25, line 31, leave out <or other guidance>

Section 52A

Malcolm Chisholm

16 In section 52A, page 26, line 20, leave out <or other guidance>

Section 55

Malcolm Chisholm

17 In section 55, page 27, line 18, at end insert <(except the right conferred by section 156(4)(a))>

Section 59

Malcolm Chisholm

18 In section 59, page 29, line 23, leave out subsection (6)

Section 63

Malcolm Chisholm

19 In section 63, page 33, line 20, leave out <or other guidance>

Section 64A

Malcolm Chisholm

20 In section 64A, page 34, line 11, leave out <or other guidance>

Malcolm Chisholm

21 In section 64A, page 34, line 18, after <appeal> insert <or to an appeal to the sheriff of the type mentioned in paragraph (c)>

Section 67

Malcolm Chisholm

22 In section 67, page 35, leave out lines 19 to 22

Section 70

Tricia Marwick

23 In section 70, page 38, line 11, at end insert—

<( ) The Scottish Ministers must—

(a) arrange for the carrying out of a review of the operation of subsection (1)(b), and

(b) lay a report on the results of the review before the Scottish Parliament within 2 years of the date on which this section comes into force.>

Section 95

Mary Scanlon

24 Leave out section 95

Section 96

Mary Scanlon

25 Leave out section 96

Section 97

Mary Scanlon

26 Leave out section 97

Section 98

Mary Scanlon

27 Leave out section 98

Section 99

Mary Scanlon

28 Leave out section 99

Section 100

Mary Scanlon

29 Leave out section 100

Section 101

Malcolm Chisholm

30 In section 101, page 54, line 9, at end insert—

<( ) Regulations under subsection (1) may also make provision for and in connection with the registration of prescribed documents and may, in particular, make provision—

(a) for a register of prescribed documents to be kept by the Scottish Ministers or such other person as the regulations may specify (or for the keeping of 2 or more such registers),

(b) authorising the Scottish Ministers to make payments or to give other assistance in connection with the creation, administration or operation of such a register,

(c) requiring persons of such type as may be so specified to register prescribed documents in such circumstances as may be so specified,

(d) about the circumstances and manner in which, and the purposes for which, information contained in such a register may be inspected, copied or otherwise obtained,

(e) setting the amount, or the maximum amount, of any fee which may be charged in connection with registering documents or with inspecting or obtaining information contained in such a register,

(f) for enforcement by enforcement authorities of any requirement to register prescribed documents.>

Mary Scanlon

31 Leave out section 101

Section 102

Mary Scanlon

32 Leave out section 102

Section 103

Mary Scanlon

33 Leave out section 103

Section 104

Mary Scanlon

34 Leave out section 104

Section 105

Mary Scanlon

35 Leave out section 105

Section 106

Mary Scanlon

36 Leave out section 106

Section 107

Mary Scanlon

37 Leave out section 107

Section 108

Mary Scanlon

38 Leave out section 108

Section 109

Mary Scanlon

39 Leave out section 109

Section 110

Mary Scanlon

40 Leave out section 110

Section 111

Mary Scanlon

41 Leave out section 111

Section 112

Mary Scanlon

42 Leave out section 112

Section 113

Mary Scanlon

43 Leave out section 113

Section 114

Mary Scanlon

44 Leave out section 114

Section 115

Mary Scanlon

45 Leave out section 115

Section 116

Mary Scanlon

46 Leave out section 116

Section 116B

Tricia Marwick

47 In section 116B, page 60, line 4, at end insert—

<( ) allow for the interest earned on a deposit to be paid to the tenant on completion of a tenancy or an occupancy arrangement;>

Schedule 4A

Malcolm Chisholm

48 In schedule 4A, page 115, line 33, leave out <paragraph 3> and insert <this schedule>

Section 140

Pauline McNeill

49 In section 140, page 76, line 25, leave out <(4)(a)(i)> and insert <(4)(a)>

Pauline McNeill

50 In section 140, page 76, line 25, leave out <level 5 on the standard scale> and insert <£20,000>

Pauline McNeill

51 In section 140, page 76, line 26, at end insert—

<( ) in the case of an offence under subsection (2), (4)(b) or (4A) of that section, £10,000,>

Pauline McNeill

52 In section 140, page 76, line 27, leave out <(2), (3), (4)(a)(ii), (4)(b), (4A)> and insert <(3)>

Section 149

Malcolm Chisholm

53 In section 149, page 83, leave out lines 1 to 4

After section 154

Malcolm Chisholm

54 After section 154, insert—

<Part

Repayment charges

Repayment charges

(1) A local authority entitled to recover a sum under section 57(1) or (2) or paragraph 6(1) of schedule 4A may make in favour of itself a charge (a "repayment charge")—

(a) specifying the repayable amount and the living accommodation concerned, and

(b) providing that the living accommodation concerned is charged with the repayable amount.

(2) The repayable amount is the lowest of—

(a) the amount recoverable under section 57(1) or (2) or paragraph 6(1) of schedule 4A,

(b) any lower amount determined by the local authority, and

(c) any amount which the Scottish Ministers by order prescribe as the maximum repayable amount.

(3) The repayable amount is recoverable in 30 equal annual instalments payable on the same date (specified in the charge) in each calendar year.

(4) The local authority must register a repayment charge in the appropriate land register.

(5) The owner of, or any other person interested in, any living accommodation subject to a repayment charge may at any time redeem the repayable amount early by paying to the local authority—

(a) such sum as the owner or other person may agree with the local authority, or

(b) failing such agreement, such sum as the Scottish Ministers may determine.

(6) The local authority must, on receiving—

(a) payment of the repayable amount in accordance with the repayment charge, or

(b) a sum redeeming the repayable amount under subsection (5),

register a discharge of the repayment charge in the appropriate land register.

(7) Where a repayment charge is made in respect of expenses incurred by a local authority in demolishing a house, references in this section and in section (Effect of registering repayment charges etc.) to living accommodation are to be read as references to the site of the demolished house.

(8) This section does not apply in relation to—

(a) the recovery of sums under section 57(2) from a landlord who is not the owner of the living accommodation concerned,

(b) living accommodation which is not a building.>

Malcolm Chisholm

55 After section 154, insert—

<Effect of registering repayment charges etc.

(1) A registered repayment charge is conclusive evidence that the charge specified in it has been created in respect of the living accommodation specified in it.

(2) A registered repayment charge constitutes a charge on the living accommodation specified in it and has priority over—

(a) all future burdens and incumbrances on the same living accommodation, and

(b) all existing burdens and incumbrances on the same living accommodation except any charges created or arising under—

(i) any provision of the Public Health (Scotland) Act 1897 (c.38) or any Act amending that Act,

(ii) any local Act authorising a charge for recovery of expenses incurred by a local authority,

(iii) Schedule 9 of the 1987 Act,

(iv) section (Repayment charges), or

(v) any Act authorising advances of public money.

(3) A registered repayment charge is enforceable at the instance of the local authority against any person deriving title to the charged living accommodation.

(4) But it is not enforceable against—

(a) a third party who acquires right to the charged living accommodation (whether title has been completed or not) in good faith and for value before the repayment charge is registered, or

(b) any person deriving title from such third party.

(5) A registered discharge of a repayment charge is conclusive evidence that the charge concerned has been discharged.>

Malcolm Chisholm

56 After section 154, insert—

<Repayment charges: further provision

The Scottish Ministers may by order—

(a) specify the form which a repayment charge, or a discharge of a repayment charge, must be in,

(b) make such further provision as they think fit about the repayment or early redemption of amounts repayable under a repayment charge.>

Section 155

Cathie Craigie

57 In section 155, page 90, line 2, at end insert—

<"(4) An assessment under subsection 3(a) above must, in particular, assess the effectiveness of—

(a) the Rent (Scotland) Act 1984 (c.58), and

(b) registration under this Part,

in dealing with harassment, unlawful eviction or unlawful management

practices.">

Section 155A

Malcolm Chisholm

58 In section 155A, page 90, line 12, at end insert—

<( ) In section 85(2)(b) (material relating to unlawful discrimination), the words from first "on" to "disability" are repealed.>

Malcolm Chisholm

59 In section 155A, page 90, line 12, at end insert—

<( ) After section 87, insert—

"87A Duty of local authority to note decisions of private rented housing committee

(1) This section applies where a local authority receives notice under paragraph 5 of schedule 2 to the Housing (Scotland) Act 2005 (asp 00) that a private rented housing committee has, in pursuance of a decision of the committee—

(a) made or varied a repairing standard enforcement order;

(b) revoked a repairing standard enforcement order;

(c) consented under section 28(6) of that Act to the landlord entering into a tenancy or occupancy agreement; or

(d) granted a certificate under section 58 of that Act;

and the landlord to whom the notice relates is a person registered by the local authority.

(2) Where paragraph (a) or (c) of subsection (1) applies, the local authority must note the decision of the committee in the person’s entry in the register.

(3) Where paragraph (b) or (d) of subsection (1) applies, the local authority must remove any information noted in the register by virtue of subsection (2) which relates to the order revoked or to the order in relation to which the certificate was granted, as the case may be.".>

Malcolm Chisholm

60 In section 155A, page 90, line 23, leave out <and>

Malcolm Chisholm

61 In section 155A, page 90, line 26, at end insert <and

<(iv) any information included in its register by virtue of section 87A(2).>

Malcolm Chisholm

62 In section 155A, page 91, line 5, at end insert—

<( ) In section 97(6) (restriction on court’s power to require tenant to pay rent etc.), for "order" substitute "decision".>

Malcolm Chisholm

63 In section 155A, page 91, line 7, at end insert—

<( ) for "order" substitute "decision".>

Before section 155B

Malcolm Chisholm

64 Before section 155B, insert—

<Registered social landlords: delegation of functions

After section 68 of the Housing (Scotland) Act 2001 (asp 10), insert—

"Delegation of functions

68A Power to direct certain registered social landlords to delegate functions

(1) This subsection applies where—

(a) a local authority has disposed of an interest in land to a registered social landlord ("RSL 1") under section 12 of the 1987 Act before the date on which this section came into force,

(b) sections 191 to 193 and section 203(1) of the 1987 Act no longer apply to that local authority by virtue of an order made under section 94 of this Act,

(c) the Scottish Ministers are satisfied that it is appropriate for RSL 1 to authorise another registered social landlord to exercise any of RSL 1’s housing management functions if RSL 1 is to manage its houses in a manner which is consistent with the spirit of any notice served on tenants for the purposes of paragraph 3(2) or (3) of schedule 9 in relation to the disposal, and

(d) less than 5 years have passed since this section came into force.

(2) Where subsection (1) applies, the Scottish Ministers may direct RSL 1 to authorise another registered social landlord ("RSL 2") to exercise such of RSL 1’s housing management functions as may be specified in the direction in place of RSL 1 on such terms, if any, as may be so specified; and both RSL 1 and RSL 2 must comply with the direction.

(3) RSL 1 may not, while a direction under subsection (2) remains in force, authorise any person other than RSL 2 to exercise any functions specified in the direction.

(4) A direction made under subsection (2) must be published in such manner as the Scottish Ministers think fit.

(5) Any authorisation given in pursuance of a direction made under subsection (2) continues to have effect for so long as the direction has effect.

(6) A direction made under subsection (2) continues to have effect notwithstanding the fact that the power to make that direction has expired by virtue of subsection (1)(d).

(7) In this section "housing management functions" means functions relating to the management of houses.">

Malcolm Chisholm

65 Before section 155B, insert—

<Registered social landlords: permissible purposes

In section 58(3) (permissible purposes of registered social landlords) of the Housing (Scotland) Act 2001 (asp 10)—

(a) in paragraph (a), for the words ", either exclusively or together with other persons" substitute "(or for its residents and other persons together)",

(b) after paragraph (f) insert—

"(g) promoting or improving the economic, social or environmental well-being of—

(i) its residents (or its residents and other persons together), or

(ii) the area in which the houses or hostels it provides are situated.">

After section 155B

Tricia Marwick

66 After section 155B, insert—

<Part

Empty housing

Statement on securing the reuse of empty housing

(1) The Scottish Ministers shall, by 31 December 2007, publish a statement setting out the measures which they and local authorities have taken, are taking and intend to take for the purpose of ensuring, so far as reasonably practical and appropriate, that empty housing is brought back into use.

(2) The statement shall—

(a) appraise potential measures for bringing empty housing back into use, whether—

(i) through the exercise of functions or powers by the Scottish Ministers or local authorities, or

(ii) by way of inducement or encouragement by the Scottish Ministers or local authorities,

(b) state what measures have been taken to assess the amount of empty housing there is in each local authority,

(c) include a summary of the reasons that cause housing to be empty, including information on trends in the condition and ownership of housing,

(d) state which functions or powers local authorities may—

(i) use, or

(ii) be required to use in order to secure the reuse of empty housing,

(e) report on any progress made by the Scottish Ministers or local authorities towards reducing the amount of empty housing, and

(f) report on any difficulties experienced by local authorities in seeking to secure the reuse of empty housing.

(3) The Scottish Ministers shall, within 4 years of the date of the publication of the statement, and at least once more within each subsequent 4 year period, publish a report stating what progress has been made to reduce the amount of empty housing.

(4) Each such subsequent report must comment of the effectiveness of measures taken to reduce the amount of empty housing.

(5) Before preparing a statement under subsection (1) or a report under subsection (3) of this Part, the Scottish Ministers must consult—

(a) local authorities, and

(b) such other persons as they think fit.

(6) In this section, "empty housing"—

(a) means any house which has not been occupied for at least six months (or such longer period as the Scottish Ministers may by order prescribe), but

(b) does not include a house where the landlord is—

(i) a local authority landlord within the meaning of section 11(3) of the Housing (Scotland) Act 2001 (asp 10),

(ii) a registered social landlord under section 57 of that Act,

(iii) Scottish Homes, or

(iv) Scottish Water.>

Section 160

Malcolm Chisholm

67 In section 160, page 95, line 22, after <premises> insert <for the purpose of enabling or assisting the local authority to decide whether there is any living accommodation on the land or premises which is an HMO which requires to be licensed under Part 4>

Section 165

Mary Scanlon

68 In section 165, page 98, line 22, leave out from <, 96(2)> to <108(4)>

Section 168

Malcolm Chisholm

69 In section 168, page 99, line 22, at end insert—

<"chief officer of the fire and rescue authority", when referred to in relation to any living accommodation, means the chief officer of the relevant authority (as defined by section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the area in which the living accommodation is situated,>

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.

Jamie McGrigor: Proposed National Register of Tartans Bill—Final proposal for a Bill to establish a national register of tartans (lodged 24 October 2005)

A summary of responses to consultation on the draft proposal, together with copies of each response, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Mary Scanlon, Margo MacDonald, John Scott, Margaret Mitchell, David McLetchie, Mr Brian Monteith, Derek Brownlee, Colin Fox, Mr David Davidson, Alex Johnstone, Mr Alasdair Morrison, Phil Gallie, Mr Ted Brocklebank, Mr Jamie Stone, Bill Aitken, Mr Kenny MacAskill, Mike Pringle, Lord James Douglas-Hamilton, John Farquhar Munro, Alex Fergusson, Mr Kenneth Macintosh, Miss Annabel Goldie, Mrs Nanette Milne, John Swinburne, Murdo Fraser, Donald Gorrie, Christine Grahame

Jeremy Purvis: Proposed Right to Die for the Terminally Ill Bill—Final proposal for a Bill to allow for a mentally capable, terminally ill adult the right to receive medical assistance to die (lodged 25 October 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 the Scottish Parliament Information Centre (SPICe).

Supported by: Donald Gorrie, Nora Radcliffe, Andrew Arbuckle, Eleanor Scott, John Swinburne

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