Back to the Scottish Parliament Business Bulletin No. 18/2007: Wednesday 31 January 2007
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Section G – Bills

New amendments to Bills lodged on 30 January 2007

Custodial Sentences and Weapons (Scotland) Bill

Section 43

Cathy Jamieson

1 In section 43, page 19, line 17, at end insert—

<(2A) A knife dealer’s licence shall, in addition to specifying the activity which the dealer engages in, specify the premises in or from which the activity is to be carried on.>

Cathy Jamieson

2 In section 43, page 19, line 18, leave out <subsection (1)> insert <subsections (1) and (2A)>

Cathy Jamieson

3 In section 43, page 20, line 7, at end insert—

<(7) The Scottish Ministers may by order—

(a) modify subsection (3) so as to modify the definition of "dealer";

(b) specify descriptions of activity which are not to be taken to be businesses for the purposes of that subsection (or that subsection as modified).

(8) The power in subsection (7)(a) includes in particular power to add descriptions of business.>

Cathy Jamieson

4 In section 43, page 25, line 11, after <taken> insert <(the "sale premises")>

Cathy Jamieson

5 In section 43, page 25, line 12, at end insert <, and

( ) the sale premises are not in Scotland.>

Cathy Jamieson

6 In section 43, page 25, line 14, at end insert—

<27NA Sales and dispatches in different local authority areas

(1) Subsection (2) applies where, in connection with the sale of an article mentioned in section 27A(2)—

(a) the relevant premises are situated in the area of a local authority, and

(b) the sale premises are situated in the area of another local authority which, by virtue of section 2(2), is the licensing authority in respect of the taking of the order for the article.

(2) For the purposes of this Act, the sale of the article is to be treated as taking place—

(a) on the relevant premises, and

(b) on the sale premises.

(3) In this section, "relevant premises" and "sale premises" have the same meanings as in section 27N.>

Cathy Jamieson

7 In section 43, page 26, line 2, after <27A(6),> insert <27A(7),>

Section 46

Cathy Jamieson

8 In section 46, page 27, line 19, after <defences> insert <(including in particular defences relating to religious, cultural or sporting purposes)>

After section 46

Cathy Jamieson

9 After section 46, insert—

<Crossbows

Sale etc. of crossbows

(1) In the Crossbows Act 1987 (c.32), in the provisions mentioned in subsection (2), for "seventeen" in each place it occurs, substitute "eighteen".

(2) The provisions are—

(a) section 1 (sale and letting on hire),

(b) section 2 (purchase and hiring),

(c) section 3 (possession).>

Cathy Jamieson

10 After section 46, insert—

<Possession of weapons in prisons etc.

After section 49B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39), insert—

"49C Offence of having offensive weapon etc. in prison

(1) Any person who has with him in a prison—

(a) an offensive weapon, or

(b) any other article which has a blade or is sharply pointed,

commits an offence.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that he had good reason or lawful authority for having the weapon or other article with him in the prison.

(3) A defence under subsection (2) includes, in particular, a defence that the person had the weapon or other article with him in prison—

(a) for use at work,

(b) for religious reasons, or

(c) as part of any national costume.

(4) Where a person is convicted of an offence under subsection (1), the court may make an order for the forfeiture of any weapon or other article to which the offence relates.

(5) Any weapon or other article forfeited under subsection (4) is, subject to section 193 of the Criminal Procedure (Scotland) Act 1995 (c.46), to be disposed of as the court may direct.

(6) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both,

(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or a fine or both.

(7) In this section—

"offensive weapon" has the meaning given by section 47(4),

"prison" includes—

(a) any prison other than a naval, military or air force prison,

(b) a remand centre (within the meaning of paragraph (a) of subsection (1) of section 19 of the Prisons (Scotland) Act 1989 (c.45) (provision of remand centres and young offenders institutions),

(c) a young offenders institution (within the meaning of paragraph (b) of that subsection), and

(d) secure accommodation within the meaning of section 93(1) of the Children (Scotland) Act 1995 (c.36).".>

Section 1

Cathy Jamieson

11 In section 1, page 1, line 9, leave out <Board has the function of advising> and insert <Board’s principal function is to give directions to>

Cathy Jamieson

12 In section 1, page 1, line 10, leave out <by them in relation> and insert <under Part 2 relating>

Prostitution (Public Places) (Scotland) Bill – Stage 2

Section 1

George Lyon

1 In section 1, page 1, line 15, leave out from <for> to end of line 17 and insert <loiters in a relevant place so that in all the circumstances it may reasonably be inferred that B was doing so for the purpose of obtaining the services of a person engaged in prostitution commits an offence.>

George Lyon

2 In section 1, page 1, line 18, after second <is> insert <in or>

George Lyon

3 In section 1, page 1, line 19, at end insert—

<( ) B is in a motor vehicle which is not public transport>

Mike Rumbles

4 In section 1, page 1, line 20, leave out subsections (6) and (7)

Paul Martin

5 In section 1, page 1, line 25, leave out <2> and insert <3>

George Lyon

6 In section 1, page 1, line 26, leave out from <except> to end of line 28

Section 3

George Lyon

7 Leave out section 3

Long Title

George Lyon

8 In the long title, page 1, line 1, leave out <amend the law> and insert <make new provision>

Schools (Health Promotion and Nutrition) (Scotland) Bill – Stage 2

Section 2

Patrick Harvie

5 In section 2, page 2, line 7, at end insert—

<"( ) The Scottish Ministers must publish an annual review of accounts provided by education authorities by virtue of paragraph (za) of section 5(2) of this Act.".>

Section 3

Patrick Harvie

6 In section 3, page 2, line 23, after <nutritional> insert <, social and environmental>

Patrick Harvie

7 In section 3, page 3, line 7, after <nutritional> insert <, social and environmental>

Patrick Harvie

8 In section 3, page 3, line 9, after <nutritional> insert <, social and environmental>

Patrick Harvie

9 In section 3, page 3, line 32, after <nutritional> insert <, social and environmental>

Section 5

Patrick Harvie

10 In section 5, page 4, line 32, after <nutritional> insert <, social and environmental>

After section 6

Patrick Harvie

11 After section 6 insert—

<Provision of school accommodation

In section 17 of the 1980 Act, after subsection (3) insert—

"( ) An education authority shall, when carrying out its duties under subsections (1) and (3), have regard to the desirability of providing facilities for the preparation of food on the premises at which it will be consumed.".>

Section 8

Patrick Harvie

12 In section 8, page 6, line 1, leave out <must> and insert <may, having consulted, and considered the views of, pupils and parents as to the desirability and possible methods of so doing,>

Patrick Harvie

13 In section 8, page 6, line 3, at end insert—

<"(2A) Where, for the purpose of subsection (2), an education authority propose to collect biometric data from a pupil, they must obtain the consent of—

(a) the pupil, and

(b) the pupil’s parent,

before doing so.

(2B) The withholding of consent under subsection (2A) is not to affect entitlement to school lunches provided free of charge by virtue of section 53(3).".>

Patrick Harvie

14 In section 8, page 6, line 3, at end insert—

<"(2AA) Steps taken by virtue of subsection (2) must comply with requirements specified by the Scottish Ministers in regulations.

(2AB)Despite section 133(2), a statutory instrument containing regulations under subsection (2AA) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.".>

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