Back to the Scottish Parliament Business Bulletin No. 19/2007: Thursday 1 February 2007
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Section G – Bills

New Bills introduced or reprinted on 31 January 2007

Aquaculture and Fisheries (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 67A) (Executive Bill)

New amendments to Bills lodged on 31 January 2007

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

Section 1

Michael McMahon

9 In section 1, page 1, line 4, leave out from first <a> to <nuisance> in line 6 and insert <the purpose of obtaining the services of a person engaged in prostitution, solicits in a relevant place>

Fergus Ewing

10 In section 1, page 1, line 5, leave out from first <in> to <nuisance> in line 6

Michael McMahon

11 In section 1, page 1, line 7, leave out subsection (2)

Michael McMahon

12 In section 1, page 1, line 13, leave out <subsection (2)(b)> and insert <that subsection>

Fergus Ewing

13 In section 1, page 1, line 16, leave out from first <in> to <nuisance> in line 17

Protection of Vulnerable Groups (Scotland) Bill – Stage 2

Section 94

Lord James Douglas-Hamilton

15 In section 94, page 38, line 37, at end insert <, or

( ) any form of support or assistance by a worker by reason of vulnerability or need arising from the individual’s—

(i) infirmity or age,

(ii) disability,

(iii) illness or mental disorder, or

(iv) dependency on drugs, alcohol or both,

where the support or assistance is not a service mentioned in paragraphs (a) to (c).>

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

Section 6

Patrick Harvie

15 In section 6, page 5, line 3, leave out <subsection (3)> and insert <subsections (3) and (3AB)>

Patrick Harvie

16 In section 6, page 5, line 18, at end insert—

<( ) After subsection (3AA) insert—

"(3AB)The Scottish Ministers may, at the request of an education authority, grant that education authority an exemption, of such duration as may be specified, from the requirement under subsection (2) to charge pupils for lunches.".>

After section 8

Hugh Henry

17 After section 8, insert—

<Food and drink: guidance about sustainable development

After section 56D of the 1980 Act (inserted by section 3), insert—

"Food and drink: guidance about sustainable development

56E Food and drink: guidance about sustainable development

(1) Subsection (2) applies where an education authority—

(a) provide food or drink under section 53(1)(a),

(b) for the purpose of providing food or drink under that section, provide services relating to the provision of the food or drink, or

(c) enter into an agreement for the provision by another person of—

(i) food or drink to be provided under that section, or

(ii) services relating to the provision of the food or drink.

(2) The authority must have regard to any guidance issued by the Scottish Ministers about the application of the principles of sustainable development.

(3) Subsection (4) applies where the managers of a grant-aided school—

(a) provide—

(i) food or drink for pupils in attendance at the school, or

(ii) services relating to the provision of such food or drink, or

(b) enter into an agreement for the provision by another person of—

(i) food or drink for pupils in attendance at the school, or

(ii) services relating to the provision of such food or drink.

(4) The managers must have regard to any guidance issued by the Scottish Ministers about the application of the principles of sustainable development.".>

Section 10

Hugh Henry

18 In section 10, page 6, line 29, leave out <or for different cases or classes of case>

Transport and Works (Scotland) Bill – Stage 3

Section 3

Tavish Scott

4 In section 3, page 3, line 3, leave out <subsection (2)> and insert <this section>

Section 8

Tavish Scott

5 In section 8, page 7, line 12, leave out from <publish> to end of line 13 and insert <notify their reasons for doing so to every person who the Scottish Ministers consider is materially affected by the dispensation or requirement.

( ) Reasons may be notified under subsection (6) by—

(a) giving notice to the persons affected, or

(b) publishing a notice in such manner as the Scottish Ministers consider appropriate.>

Section 12

Tavish Scott

6 In section 12, page 9, line 35, leave out <9> and insert <9(3)>

Tavish Scott

7 In section 12, page 11, line 15, at beginning insert <In relation to any challenge to an order under section 1 authorising such works or other projects as are referred to in subsection (7),>

Tavish Scott

8 In section 12, page 11, line 30, leave out <9> and insert <9(3)>

Section 20

Tavish Scott

9 In section 20, page 19, line 39, at end insert <or (6)(c)>

Section 24

Tavish Scott

10 In section 24, page 23, line 15, at end insert—

<(1A) In section 44 (limitation of right to challenge orders in legal proceedings), at the end add—

“(6) In relation to any challenge to an order to which subsection (7) below applies, an organisation mentioned in the definition of “the public concerned” in Article 1(2) of the Directive is deemed for the purposes of—

(a) sub-paragraph (a) of Article 10a of that Directive to have an interest, and

(b) sub-paragraph (b) of Article 10a to have rights capable of being impaired.

(7) This subsection applies to a harbour revision or empowerment order authorising a project which—

(a) falls within Annex I to the Directive; or

(b) falls within Annex II to the Directive and is a relevant project.

(8) In this section, “the Directive”, “project” and “relevant project” have the meanings assigned by paragraph 1 of Schedule 3 to this Act.”.>

Tavish Scott

11 In section 24, page 24, line 6, at end insert—

<(zza) in paragraph 1—

(i) in the definition of “the Directive”, at the end add “and Council Directive 2003/35/EC”,

(ii) paragraphs (c) to (f) and (i) of the definition of “sensitive area” are repealed, and

(iii) in that definition, at the end add—

“(l) an area designated as a national park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000”,

(zzb) in sub-paragraph (2) of paragraph 10—

(i) after head (c) insert—

“(ca) where such a statement has been supplied—

(i) provide an address from which a copy of the statement can, until the expiry of the period referred to in head (f), be obtained and information as to the amount of any charge for the provision of such a copy,

(ii) provide an address from which further information about the works proposed to be authorised can, until the expiry of that period, be obtained, and

(iii) state whether paragraph 16 applies,”,

(ii) the word “and” which follows head (e) is repealed,

(iii) in head (f), after the word “application” insert “or to make representations in relation to any environmental statement supplied under paragraph 8(1)”,

(iv) in that head, after the word “specifying” insert “(where relevant)”, and

(v) at the end add “and

(g) provide details of the procedure under this Schedule for dealing with any objection or representations made under head (f)”,

(zzc) in sub-paragraph (4) of paragraph 10, after the word “can” insert “, until the expiry of the period referred to in sub-paragraph (2)(f),”,

(zzd) after that paragraph, add—

“10A(1) This paragraph applies where—

(a) an environmental statement has been supplied under paragraph 8(1), and

(b) prior to the Scottish Ministers making a decision under paragraph 19(2), they are supplied by the applicant or any other person with further information falling within sub-paragraph (2).

(2) Information falls within this sub-paragraph if—

(a) the Scottish Ministers are of the view that it requires to be considered in order properly to assess the likely environmental effects of the proposed project, and

(b) it is not information required for the purposes of an inquiry or hearing held under paragraph 18.

(3) The applicant shall arrange for a notice to be published—

(a) by Gazette and local advertisement, and

(b) in such other ways as seem to the Scottish Ministers appropriate.

(4) The notice must—

(a) state that further information of the sort referred to in sub-paragraph (2)(a) has been received,

(b) specify a place where a copy of the information can, until the expiry of the period referred to in head (d), be inspected at all reasonable hours,

(c) provide an address from which a copy of the information can, until the expiry of that period, be obtained and details of the amount of any charge for the provision of such a copy, and

(d) state that any person who desires to make representations in relation to the information should do so in writing to the Scottish Ministers before the expiry of the period of 42 days starting with a date specified in the notice.

(5) The date specified in accordance with sub-paragraph (4)(d) must be the date on which the notice first appears in a local newspaper.”,

(zze) in sub-paragraph (b) of paragraph 15, after the words “8(1)” insert “and any further information falling within paragraph 10A(2)”,

(zzf) in paragraph 16—

(i) in sub-paragraph (4)(b), after the words “8(1)” insert “and any further information falling within paragraph 10A(2)”, and

(ii) after head (b) of sub-paragraph (7), insert—

“(ba) details of what provision was made for public participation in the making of the decision,”,

(zzg) in sub-paragraph (c) of paragraph 17, after the word “objections” insert “or representations”,>

Tavish Scott

12 In section 24, page 24, line 8, at end insert—

<(zb) in sub-paragraph (1) of paragraph 19—

(i) in head (a), after the words “8(1)” insert “and any further information falling within paragraph 10A(2)”, and

(ii) after head (d), insert—

“(da) any representations made under paragraph 10(2)(f) or 10A(4)(d);”,

(zc) in sub-paragraph (2) of paragraph 20—

(i) after the word “publish” insert “by Gazette and local advertisement”, and

(ii) after head (b) insert—

“(ba) details of what provision was made for public participation in the making of the decision,

(bb) a statement regarding the right to challenge the validity of the decision and the procedures for doing so,”,>

Tavish Scott

13 In section 24, page 25, line 2, at end insert <and

( ) in paragraph 32, after sub-paragraph (3) insert—

“(3A) Paragraph 18(1D)(aa) shall be omitted.”.>

Section 29

Tavish Scott

14 In section 29, page 29, line 16, leave out <Section 26 comes> and insert <Sections 24(1A) and (3)(zza) to (zzg), (zb) and (zc) and 26 come>

Tavish Scott

15 In section 29, page 29, line 19, at end insert—

<( ) The provisions of section 24 specified in subsection (2A) do not apply in relation to an application for an order under section 14 or 16 of the Harbours Act 1964 (c.40) (harbour revision and empowerment orders) if the application was made before those provisions come into force.>

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