Back to the Scottish Parliament Business Bulletin No. 23/2007: Wednesday 7 February 2007
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Section G – Bills

New Bills introduced or reprinted on 6 February 2007

Prostitution (Public Places) (Scotland) Bill—The Bill was reprinted as amended at Stage 2. (SP Bill 69A) (Executive Bill)

New amendments to Bills lodged on 6 February 2007

Custodial Sentences and Weapons (Scotland) Bill – Stage 2

Section 6

Cathy Jamieson

13 In section 6, page 3, line 26, leave out subsection (1) and insert—

<(1) This section applies where the court imposes on a person a custody and community sentence.

(1A) After imposing the sentence, the court must make an order specifying the custody part of the sentence.>

Cathy Jamieson

14 In section 6, page 3, line 29, at end insert <(ignoring any period of confinement which may be necessary for the protection of the public)>

Cathy Jamieson

15 In section 6, page 3, line 31, leave out from <unless> to end of line 32 and insert <or

(b) if subsection (3A) applies, such greater proportion of the sentence as the court specifies.

(3A) This subsection applies if, taking into account in particular the matters mentioned in subsection (4), the court considers that it would be appropriate to specify a greater proportion of the sentence as the custody part.>

Cathy Jamieson

16 In section 6, page 3, line 36, at end insert—

<( ) where the offence was committed when the person was serving a sentence of imprisonment for another offence, that fact, and>

Cathy Jamieson

17 In section 6, page 3, line 37, leave out from <and> to end of line 39

Cathy Jamieson

18 In section 6, page 4, line 1, leave out subsection (5)

Cathy Jamieson

19 In section 6, page 4, line 4, at end insert—

<( ) An order specifying a custody part must specify the custody part by reference to a fixed period of time.>

Cathy Jamieson

20 In section 6, page 4, line 4, at end insert—

<( ) Where, by virtue of subsection (3)(b), the court specifies a custody part of more than one-half of the sentence, the court must state in open court the reason for doing so.>

Cathy Jamieson

21 In section 6, page 4, line 7, leave out subsections (8) to (10)

After section 6

Cathy Jamieson

22 After section 6, insert—

<Application of section 6 to persons sentenced to extended sentences

(1) Section 6 applies to a person sentenced to an extended sentence as if any reference to a sentence were a reference to the confinement term of the extended sentence.

(2) In subsection (1), "confinement term" and "extended sentence" have the meanings given by section 210A(2) of the 1995 Act.>

Cathy Jamieson

23 After section 6, insert—

<Power to amend section 6(3)

The Scottish Ministers may by order amend section 6(3)(a) by substituting for the proportion for the time being specified there a different proportion specified in the order.>

Cathy Jamieson

24 After section 6, insert—

<Judge’s report

(1) This section applies where—

(a) a court imposes a custody and community sentence on a person, and

(b) the court is not required by—

(i) section 21(4) of the Criminal Justice (Scotland) Act 2003 (asp 7), or

(ii) section 210H(2) of the Criminal Procedure (Scotland) Act 1995 (c.46),

to prepare a report.

(2) As soon as is reasonably practicable after imposing the sentence, the court must prepare a report in writing—

(a) as to the circumstances of the case, and

(b) containing such other information as the court considers appropriate.

(3) The report must be in such form as is prescribed by Act of Adjournal.

(4) The court must submit the report to the Scottish Ministers.>

Section 12

Cathy Jamieson

25 In section 12, page 5, line 30, leave out from <and> to end of line 31

Cathy Jamieson

26 In section 12, page 5, line 32, leave out subsections (3) to (8) and insert—

<(3) If on the day of the determination less than 4 months of the prisoner’s sentence remain to be served before the three-quarter point—

(a) the prisoner must be confined until the three-quarter point, and

(b) the Parole Board must specify conditions to be included in the prisoner’s community licence.

(4) If on the day of the determination at least 4 months and no more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board may fix a date falling within the period mentioned in subsection (5) on which it will next consider the prisoner’s case.

(5) That period is the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending with the three-quarter point.

(6) If no date is fixed under subsection (4)—

(a) the prisoner must be confined until the three-quarter point, and

(b) the Parole Board must fix a date falling within the period mentioned in subsection (5) on which it must specify conditions to be included in the prisoner’s community licence.

(7) If on the day of the determination more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board must fix a date falling within the period mentioned in subsection (8) on which it will next consider the prisoner’s case.

(8) That period is the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending immediately before the second anniversary of the day of the determination.

(8A) In this section, "three-quarter point", in relation to a prisoner’s custody and community sentence, means, subject to subsection (8B), the day on which the prisoner will have served three-quarters of the prisoner’s sentence.

(8B) If a prisoner is serving two or more custody and community sentences, the "three-quarter point", in relation to each of those sentences, is deemed to be the later or, as the case may be, latest of the three-quarter points determined under subsection (8A) for each of those sentences.>

After section 12

Cathy Jamieson

27 After section 12 insert—

<Prisoner’s right to request early consideration by Parole Board

(1) Subsection (2) applies where the Parole Board has fixed a date under section 12(4) or (7) for considering a prisoner’s case.

(2) On the prisoner’s request, the Board may, if it considers it appropriate to do so, substitute for that date an earlier date when it will next consider the prisoner’s case by fixing that earlier date under section 12(4) or, as the case may be, (7).

(3) Subsection (4) applies where the Parole Board does not fix a date under section 12(4).

(4) On the prisoner’s request, the Board may, if it considers it appropriate to do so, fix a date under section 12(4) when it will next consider the prisoner’s case.

(5) This section is subject to section 21.>

Cathy Jamieson

28 After section 12 insert—

<Referral to Parole Board for the purposes of specifying conditions

(1) This section applies where the Parole Board fixes a date under section 12(6)(b).

(2) The Scottish Ministers must, subject to section 22(4), refer the prisoner’s case to the Parole Board before that date.

(3) On that date, the Parole Board must specify conditions to be included in the prisoner’s community licence.>

Section 13

Cathy Jamieson

29 In section 13, page 6, line 23, leave out <12(2)(b)> and insert <12(4) or (7)>

After section 13

Cathy Jamieson

30 After section 13 insert—

<Cases where custody part specified as three-quarters of prisoner’s sentence

(1) This section applies where, by virtue of section 6(3)(b), the court specifies a custody part which is three-quarters of a prisoner’s sentence.

(2) Section 8(1) does not apply.

(3) Before the expiry of the custody part—

(a) the Scottish Ministers must, subject to section 22(4), refer the prisoner’s case to the Parole Board, and

(b) the Parole Board must specify conditions to be included in the prisoner’s community licence.>

Section 14

Cathy Jamieson

31 In section 14, page 6, line 29, leave out subsection (1)

Cathy Jamieson

32 In section 14, page 6, line 35, leave out subsection (3)

Section 15

Cathy Jamieson

33 In section 15, page 7, line 3, leave out subsection (1) and insert—

<(1) This section applies where the court imposes on a person a life sentence.

(1A) After imposing the sentence, the court must make an order specifying the punishment part of the sentence.>

Cathy Jamieson

34 In section 15, page 7, line 10, at end insert <(ignoring any period of confinement which may be necessary for the protection of the public)>

Cathy Jamieson

35 In section 15, page 7, line 23, leave out subsection (5)

Section 19

Cathy Jamieson

36 In section 19, page 8, line 19, leave out from <occur> to end of line 20 and insert <fall within the period—

( ) beginning with the day falling 4 months after the day of the determination, and

( ) ending immediately before the second anniversary of the day of the determination.>

Section 33

Cathy Jamieson

37 In section 33, page 14, line 9, leave out <or subsection (10)> and insert <, (Determination that section 33(3) applicable: consequences for custody and community prisoners)(9) or (Determination that section 33(3) applicable: consequences for life prisoners)(5)>

Cathy Jamieson

38 In section 33, page 14, line 19, leave out subsections (6) to (10)

After section 33

Cathy Jamieson

39 After section 33 insert—

<Determination that section 33(3) applicable: consequences for custody and community prisoners

(1) This section applies where the Parole Board determines, under subsection (2) of section 33, that subsection (3) of that section applies to a custody and community prisoner.

(2) The Parole Board must give the prisoner reasons in writing for its determination.

(3) If on the day of the determination less than 4 months of the prisoner’s sentence remain to be served, the prisoner must be confined until the expiry of the prisoner’s sentence.

(4) If on the day of the determination at least 4 months and no more than 2 years of the prisoner’s sentence remain to be served, the Parole Board may, subject to section 21, fix a date falling within the period mentioned in subsection (5) on which it will next consider the prisoner’s case.

(5) That period is the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending on the expiry of the prisoner’s sentence.

(6) If no date is fixed under subsection (4) the prisoner must be confined until the expiry of the prisoner’s sentence.

(7) If on the day of the determination at least 2 years of the prisoner’s sentence remain to be served, the Parole Board must, subject to section 21, fix a date falling within the period mentioned in subsection (8) on which it will next consider the prisoner’s case.

(8) That period is the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending immediately before the second anniversary of the day of the determination.

(9) Where a date is fixed under subsection (4) or (7), the Scottish Ministers must refer the case to the Parole Board before that date.>

Cathy Jamieson

40 After section 33 insert—

<Determination that section 33(3) applicable: consequences for life prisoners

(1) This section applies where the Parole Board determines, under subsection (2) of section 33, that subsection (3) of that section applies to a life prisoner.

(2) The Parole Board must give the prisoner reasons in writing for its determination.

(3) The Parole Board must, subject to section 21, fix a date falling within the period mentioned in subsection (4) on which it will next consider the prisoner’s case.

(4) That period is the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending immediately before the second anniversary of the day of the determination.

(5) The Scottish Ministers must refer the case to the Parole Board before the date fixed under subsection (3).>

Cathy Jamieson

41 After section 33 insert—

<Prisoner’s right to request early reconsideration by Parole board

(1) Subsection (2) applies where the Parole Board fixes a date under—

(a) section (Determination that section 33(3) applicable: consequences for custody and community prisoners)(4),

(b) section (Determination that section 33(3) applicable: consequences for custody and community prisoners)(7), or

(c) section (Determination that section 33(3) applicable: consequences for life prisoners)(3),

for considering a prisoner’s case.

(2) On the prisoner’s request, the Board may, if it considers it appropriate to do so, substitute for that date an earlier date when it will next consider the prisoner’s case by fixing that earlier date under section (Determination that section 33(3) applicable: consequences for custody and community prisoners)(4), (Determination that section 33(3) applicable: consequences for custody and community prisoners)(7) or, as the case may be, (Determination that section 33(3) applicable: consequences for life prisoners)(3).

(3) Subsection (4) applies where the Parole Board does not fix a date under section (Determination that section 33(3) applicable: consequences for custody and community prisoners)(4).

(4) On the prisoner’s request, the Board may, if it considers it appropriate to do so, fix a date under section (Determination that section 33(3) applicable: consequences for custody and community prisoners)(4) when it will next consider the prisoner’s case.>

Section 34

Cathy Jamieson

  1. Leave out section 34

Protection of Vulnerable Groups (Scotland) Bill – Stage 2

Section 7

Robert Brown

100 In section 7, page 3, line 30, at end insert—

<( ) Where a court convicts an individual of a relevant offence, it must give Ministers any prescribed information that it holds in relation to the convicted individual.>

Section 11

Robert Brown

101 In section 11, page 5, line 13, at end insert—

<( ) Where the individual has been convicted of a relevant offence, Ministers must consider listing the individual in the children’s list.>

Robert Brown

102 In section 11, page 5, line 14, at beginning insert <In any other case,>

Section 14

Robert Brown

103 In section 14, page 6, leave out lines 20 and 21

Robert Brown

104 In section 14, page 6, line 22, leave out <Ministers> and insert <them>

Robert Brown

105 In section 14, page 6, line 36, at end insert—

<( ) section 42 of the Armed Forces Act 2006 (c.52),>

Robert Brown

106 In section 14, page 6, line 39, leave out subsection 5

Section 17

Robert Brown

107 In section 17, page 7, leave out line 27 and insert—

<( ) made in legal proceedings,>

Section 25

Robert Brown

108 In section 25, page 10, line 27, leave out <the sheriff> and insert <Ministers>

Robert Brown

109 In section 25, page 10, line 33, leave out <the applicant has been listed for> and insert <it is made after the end of>

Robert Brown

110 In section 25, page 10, line 35, leave out <the sheriff is> and insert <Ministers are>

Robert Brown

111 In section 25, page 11, line 2, leave out <the sheriff> and insert <Ministers>

After section 25

Robert Brown

112 After section 25 insert—

<Determination of application for removal from list

(1) Ministers must determine a competent application for removal from the children’s list—

(a) where they are satisfied that the applicant is no longer unsuitable to work with children, by removing the individual from the list, or

(b) where they are not so satisfied, by refusing the application.

(2) Ministers must determine a competent application for removal from the adults’ list—

(a) where they are satisfied that the applicant is no longer unsuitable to work with protected adults, by removing the individual from the list, or

(b) where they are not so satisfied, by refusing the application.

(3) Sections 18 to 20 apply to Ministers’ determination of an application for removal from the list as they apply to a decision whether to list an individual (with references to deciding whether to list an individual being read as references to determining whether to remove an individual from the list).>

Section 26

Robert Brown

113 In section 26, page 11, line 8, at end insert—

<(A1) An individual may appeal to the sheriff against Ministers’ decision to refuse an application for removal from the list under section (Determination of application for removal from list).>

Robert Brown

114 In section 26, page 11, line 9, leave out from <a competent application for> and insert <an appeal under subsection (A1) in relation to>

Robert Brown

115 In section 26, page 11, line 14, leave out <a competent application for> and insert <an appeal under subsection (A1) in relation to>

Robert Brown

116 In section 26, page 11, line 34, at end insert—

<( ) Any court proceedings under this section may take place in private if the court considers it appropriate in all the circumstances.>

Section 28

Robert Brown

117 In section 28, page 12, line 11, after <section> insert <(Determination of application for removal from list) or>

Section 31

Robert Brown

118 In section 31, page 14, line 34, leave out <and 14> and insert <, 17 and 24>

Section 50

Robert Brown

119 In section 50, page 20, line 20, after <the> insert <scheme>

Section 61

Robert Brown

120 In section 61, page 23, line 15, leave out <United Kingdom Passport Agency> and insert <Identity and Passport Service>

Section 72

Robert Brown

121 In section 72, page 28, line 16, leave out from <by> to end of line 17 and insert <(or, as the case may be, that period as previously extended under this subsection).

(3A) A period may not be extended (or further extended) under subsection (3) for a period of longer than 6 months beginning with the date on which the extension (or further extension) is granted.

(3B) An application under subsection (3) must be made before the expiry of the relevant period.

(3C) Where an application under subsection (3) is made, the relevant period is to be treated for the purposes of subsection (1) as not having expired until the application is determined.

(3D) The sheriff may, on cause shown, dispense with any requirement—

(a) to intimate an application under subsection (3) to the individual,

(b) to notify the individual of any interlocutor relating to the application.

(3E) For the purposes of subsection (3B), an application is made when it is lodged with the sheriff clerk.>

After section 86

Robert Brown

122 After section 86, insert—

<Application of fire safety rules to school care accommodation service

In section 78 of the Fire (Scotland) Act 2005 (asp 5), in subsection (5)(c), after "section)" insert "except where the service is provided as mentioned in subsection (4)(c)(ii) of that section".>

Schedule 4

Robert Brown

123 In schedule 4, page 53, line 30, at end insert—

<Foster Children (Scotland) Act 1984 (c.56)

The Foster Children (Scotland) Act 1984 is amended as follows.

In section 7, after subsection (2) insert—

"(3) A person who lives in the same premises as a barred person shall not maintain a foster child.

(4) In subsection (3) (and in section 15(2A)), "barred person" means a person who is barred from regulated work with children (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 00)).".

In section 15, after subsection (2) insert—

"(2A) A person shall not be guilty of an offence under subsection (1)(c) above in relation to a contravention of section 7(3) if the person proves that he did not know, and had no reasonable ground for believing, that any other person living in the premises in which the person lives was a barred person.".

In section 21, before the definition of "care home service" insert—

""barred person" has the meaning given by section 7(4);".>

Robert Brown

124 In schedule 4, page 55, line 17, at end insert—

<(ii) in paragraph (b), the words "to be a foster parent or" are repealed,>

Robert Brown

In substitution for amendment 82

125 In schedule 4, page 56, line 14, at end insert—

<In section 118—

(a) in subsection (2A)(a), for "United Kingdom Passport Agency" substitute "Identity and Passport Service",

(b) for subsection (3) substitute—

"(3) The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).".>

After section 90

Robert Brown

126 After section 90, insert—

<Crown application

(1) This Act binds the Crown.

(2) But subordinate legislation made under this Act need not bind the Crown.

(3) No contravention by the Crown of a provision made by or under this Act makes the Crown criminally liable.

(4) But the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(5) Despite subsection (3), the provisions made by and under this Act apply to persons in the public service of the Crown as they apply to other persons.>

Schedule 2

Robert Brown

127 In schedule 2, page 46, line 4, at end insert <except—

(a) caring for children aged 16 or 17 in the course of the children’s employment, or

(b) caring for children which is merely incidental to caring for individuals who are not children.>

Robert Brown

128 In schedule 2, page 46, leave out lines 5 and 6

Robert Brown

129 In schedule 2, page 46, line 8, at end insert <except—

(a) teaching, instructing, training or supervising children aged 16 or 17 in the course of the children’s employment, or

(b) teaching, instructing, or training children which is merely incidental to teaching, instructing, or training individuals who are not children.>

Robert Brown

130 In schedule 2, page 46, leave out lines 9 to 12

Robert Brown

131 In schedule 2, page 47, line 11, at end insert—

<But a person only moderates such a service as mentioned in sub-paragraph (b) or (c) if the person has—

(i) access to the content of the matter, or

(ii) contact with users of the service.>

Robert Brown

132 In schedule 2, page 48, line 10, leave out from second <and> to end of line 11

Robert Brown

133 In schedule 2, page 48, line 11, at end insert—

<Ministers may by order amend the definition of "further education institution" so as to include or exclude bodies listed in that schedule.>

Robert Brown

134 In schedule 2, page 49, line 16, at end insert—

<Fostering

Foster carer.>

Schedule 3

Robert Brown

135 In schedule 3, page 50, line 16, leave out paragraph 2

Robert Brown

136 In schedule 3, page 50, line 26, after <adults> insert <(except caring for protected adults under the age of 18 which is merely incidental to caring for children generally)>

Robert Brown

137 In schedule 3, page 50, line 28, after <adults> insert <(except teaching, instructing, training or supervising protected adults which is merely incidental to teaching, instructing, training or supervising individuals who are not protected adults)>

Robert Brown

138 In schedule 3, page 50, leave out lines 29 to 32

Robert Brown

139 In schedule 3, page 50, line 34, leave out from <(other> to <employment)> on line 35 and insert <except—

(a) being in sole charge of protected adults in the course of the adults’ employment, or

(b) being in sole charge of protected adults which is merely incidental to being in sole charge of individuals who are not protected adults.>

Robert Brown

140 In schedule 3, page 51, line 2, after <Providing> insert <assistance,>

Robert Brown

141 In schedule 3, page 51, line 3, after <training> insert <(except providing assistance, advice or guidance to a protected adult or protected adults which is merely incidental to providing assistance, advice or guidance to individuals who are not protected adults)>

Robert Brown

142 In schedule 3, page 51, line 5, leave out paragraph 7

Robert Brown

143 In schedule 3, page 51, line 15, after <adults> insert <(other than contact with protected adults who are under the age of 18 which is merely incidental to contact with children generally)>

Robert Brown

144 In schedule 3, page 52, line 4, leave out paragraph 11

Section 95

Robert Brown

145 In section 95, page 39, line 14, after <enactment,> insert—

<( ) being a foster carer,>

Robert Brown

146 In section 95, page 39, line 32, at end insert—

<( ) Ministers may prescribe circumstances in which work either is or is not to be treated for the purposes of this Act as being done in the course of a family or personal relationship.>

After section 95

Robert Brown

147 After section 95, insert—

<Fostering

(1) For the purposes of this Act, a "foster carer" is—

(a) an individual with whom a child has been placed under section 26(1) (placement by councils) of the Children (Scotland) Act 1995 (c.36), or

(b) an individual falling within subsection (2) who looks after a child—

(i) for reward, or

(ii) in pursuance of an arrangement made by someone other than a relative of the child.

(2) An individual falls within this subsection if the individual—

(a) maintains the child concerned as a foster child for the purposes of the Foster Children (Scotland) Act 1984 (c.56) ("the 1984 Act"), or

(b) would so maintain the child concerned but for paragraph (a) of section 1 of that Act (which excludes children above the compulsory school age).

(3) A foster carer is to be treated as doing work for—

(a) the council which placed the child with that foster carer under section 26(1) of the Children (Scotland) Act 1995 (c.36), or

(b) in the case of a foster carer of the type described in subsection (1)(b), any person who—

(i) made the arrangements in pursuance of which the foster carer maintains the foster child, and

(ii) has power to terminate those arrangements.

(4) References in section 3 to dismissing an individual doing regulated work are, in relation to foster carers, to be read as references to terminating the fostering arrangements concerned.

(5) "Relative" has the same meaning in subsection (1)(b)(ii) as it has in the Foster Children (Scotland) Act 1984 (c.56).>

Schedule 5

Robert Brown

148 In schedule 5, page 59, line 6, at end insert—

<foster carer section (fostering)(1)>

Adult Support and Protection (Scotland) Bill – Stage 3

Section 49

Dr Jean Turner

4 In section 49, page 21, line 32, at end insert—

<( ) In particular, an order made under subsection (1) must specify that any individual who has been authorised by a council to perform functions must have been registered as a social worker for at least 12 months on—

(a) the register maintained by the Scottish Social Services Council under section 44(1) of the Regulation of Care (Scotland) Act 2001 (asp 8), or

(b) a register prescribed by order under section 52(2)(b) of that Act.>

Aquaculture and Fisheries (Scotland) Bill – Stage 3

After section 17

Mr Ted Brocklebank

1 After section 17, insert—

<Gyrodactylus salaris: declarations etc. concerning certain items

After section 5D of the 1937 Act (as inserted by section 17 above), insert—

"5DA Gyrodactylus salaris: declarations etc. concerning certain items

(1) Any person entering Scotland from outwith Great Britain who is in possession of any clothing or equipment which has been used in any waters in or adjacent to any country in which the parasite Gyrodactylus salaris is present must declare those items on entry into Scotland.

(2) The Scottish Ministers must make such arrangements as they consider necessary for the examination and decontamination of any items of the type mentioned in subsection (1).

(3) Any person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.".>

Section 21

Mr Ted Brocklebank

2 In section 21, page 12, leave out line 17

Section 29

Mr Ted Brocklebank

3 In section 29, page 20, line 13, leave out <may> and insert <must>

Contents An A B C D E F G H I J