Back to the Scottish Parliament Business Bulletin No. 25/2007: Friday 9 February 2007
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Contents An A B C D E F G H I J

Section G – Bills

New Bills introduced or reprinted on 8 February 2007

Transport and Works (Scotland) Bill—The Bill was reprinted as passed (SP Bill 66B) (Executive Bill).

New amendments to Bills lodged on 8 February 2007

Custodial Sentences and Weapons (Scotland) Bill – Stage 2

After section 5

Colin Fox

43 After section 5, insert—

<Short sentence prisoners

Short sentence prisoners

(1) In this section—

a "short sentence prisoner" means a person serving a short sentence,

a "short sentence" means a sentence of imprisonment for a term of between 15 days and 12 months.

(2) The Scottish Ministers must release a short sentence prisoner on licence subject to a condition to be of good behaviour—

(a) where subsection (3) applies, on the date mentioned in subsection (4),

(b) where subsection (3) does not apply, when the prisoner has served one half of the short sentence.

(3) This subsection applies where the prisoner is also serving—

(a) a custody-only sentence,

(b) the custody part of a custody and community sentence, or

(c) the punishment part of a life sentence.

(4) That date is the date when the prisoner—

(a) has served at least one half of the short sentence, and

(b) is no longer serving any of—

(i) a custody-only sentence,

(ii) the custody part of a custody and community sentence,

(iii) the punishment part of a life sentence.>

Section 6

Colin Fox

44 In section 6, page 3, line 26, leave out <15 days or more> and insert <more than 12 months>

Bill Aitken

45 In section 6, page 3, line 39, at end insert <and

( ) any need to protect the public from the person.>

Colin Fox

46 In section 6, page 4, line 3, leave out <three-quarters> and insert <two-thirds>

Bill Aitken

47 Leave out section 6 and insert—

<Custody part

When a sentenceof imprisonment for a term of 15 days or more for an offence is imposed on a person, the custody part is to benine-tenths of the sentence.

Section 12

Bill Aitken

26A As an amendment to amendment 26, line 2, leave out <three-quarter> and insert <nine-tenths>

Bill Aitken

26B As an amendment to amendment 26, line 3, leave out <three-quarter> and insert <nine-tenths>

Bill Aitken

26C As an amendment to amendment 26, line 8, leave out <three-quarter> and insert <nine-tenths>

Bill Aitken

26D As an amendment to amendment 26, line 13, leave out <three-quarter> and insert <nine-tenths>

Bill Aitken

26E As an amendment to amendment 26, line 15, leave out <three-quarter> and insert <nine-tenths>

Bill Aitken

26F As an amendment to amendment 26, line 20, leave out <three-quarter> and insert <nine-tenths>

Bill Aitken

26G As an amendment to amendment 26, line 25, leave out <"three-quarter> and insert <"nine-tenths>

Bill Aitken

26H As an amendment to amendment 26, line 27, leave out <three-quarters> and insert <nine-tenths>

Bill Aitken

26I As an amendment to amendment 26, line 28, leave out <"three-quarter> and insert <"nine-tenths>

Bill Aitken

26J As an amendment to amendment 26, line 30, leave out <three-quarter> and insert <nine-tenths>

Section 14

Bill Aitken

48 In section 14, page 6, line 29, leave out <three-quarters> and insert <nine-tenths>

Colin Fox

49 In section 14, page 6, line 32, leave out <three-quarters> and insert <two-thirds>

Bill Aitken

50 In section 14, page 6, line 32, leave out <three-quarters> and insert <nine-tenths>

Section 15

Bill Aitken

51 In section 15, page 7, line 16, at end insert <and

( ) any need to protect the public from the person.>

Bill Aitken

52 In section 15, page 7, line 22, at end insert <and

( ) any need to protect the public from the person.>

Section 36

Bill Aitken

53 In section 36, page 15, line 35, leave out from beginning to end of line 3 on page 16, and insert <during the period—

(a) commencing on the day after the prisoner has served three-quarters of the prisoner’s sentence, and

(b) ending on the day falling 14 days before the expiry of the custody part.>

Protection of Vulnerable Groups (Scotland) Bill – Stage 2

Section 1

Lord James Douglas-Hamilton

149 In section 1, page 1, leave out lines 13 and 14 and insert <a list of individuals unsuitable to work with children or certain adults (“the list”)>

Lord James Douglas-Hamilton

150 In section 1, page 1, line 15, leave out <in the children’s list or in the adults list>

Lord James Douglas-Hamilton

151 In section 1, page 1, line 17, leave out <children’s list or, as the case may be, the adults’>

After section 1

Fiona Hyslop

152 After section 1, insert—

<Promotion of children’s and protected adults’ well-being and safety

Ministers must promote children’s and protected adults’ well-being and safety by providing—

(a) advice and information, and

(b) funding.>

Section 2

Lord James Douglas-Hamilton

153 In section 2, page 1, line 24, leave out <with children>

Lord James Douglas-Hamilton

154 In section 2, page 1, line 26, at end, insert <or protected adult>

Lord James Douglas-Hamilton

155 In section 2, page 2, line 1, after <child> insert <or a protected adult>

Lord James Douglas-Hamilton

156 In section 2, page 2, line 2, after <involving> insert <child>

Lord James Douglas-Hamilton

157 In section 2, page 2, line 3, after <child> insert <or a protected adult>

Lord James Douglas-Hamilton

158 In section 2, page 2, line 4, at end insert <or a protected adult>

Lord James Douglas-Hamilton

159 In section 2, page 2, leave out lines 5 to 13

Section 7

Lord James Douglas-Hamilton

160 In section 7, page 3, line 33, leave out from <(other> to <against> in line 34 and insert <or>

Lord James Douglas-Hamilton

161 In section 7, page 3, line 35, leave out from <in> to end of line 36

After section 8

Fiona Hyslop

162 After section 8, insert—

<Reference by councils

If a council believes that an individual is unsuitable to perform regulated work, then it may refer any relevant information it holds about the individual to Ministers.>

Section 10

Lord James Douglas-Hamilton

163 In section 10, page 5, line 2, at end insert <and

( ) the individual has been afforded an opportunity to comment on the information>

Lord James Douglas-Hamilton

164 In section 10, page 5, line 4, leave out from <children’s> to end of line 5 and insert <list, they must consider listing the individual.>

Lord James Douglas-Hamilton

165 In section 10, page 5, line 6, leave out subsection (3)

Section 11

Lord James Douglas-Hamilton

166 In section 11, page 5, line 14, leave out <in the children’s list>

Lord James Douglas-Hamilton

167 In section 11, page 5, line 18, at end insert <or protected adults>

Lord James Douglas-Hamilton

168 In section 11, page 5, line 19, leave out subsection (3)

Section 12

Lord James Douglas-Hamilton

169 In section 12, page 5, line 25, leave out <in the children’s list>

Lord James Douglas-Hamilton

170 In section 12, page 5, leave out lines 27 to 30 and insert—

<( ) vetting information about the individual,>

Lord James Douglas-Hamilton

171 In section 12, page 5, line 32, leave out <children’s>

Lord James Douglas-Hamilton

172 In section 12, page 5, line 33, at end insert <or protected adults>

Lord James Douglas-Hamilton

173 In section 12, page 5, line 33, at end insert—

<( ) Before so considering, Ministers must offer the individual an opportunity to comment on the information.>

Lord James Douglas-Hamilton

174 In section 12, page 5, line 34, leave out subsection (2)

Iain Smith

175 In section 12, page 6, line 1, at end insert—

<( ) When considering whether to list an individual under this section, Ministers must have regard to the details, circumstances and relevance of any information.>

Section 14

Lord James Douglas-Hamilton

176 In section 14, page 6, line 19, leave out <in the children’s list>

Lord James Douglas-Hamilton

177 In section 14, page 6, line 24, leave out subsection (2)

Iain Smith

178 In section 14, page 6, line 26, at end insert—

<(2A) In listing an individual under subsection (1) or (2), Ministers must prescribe—

(a) the duration of the listing, and

(b) the minimum time that must elapse before an application for removal from the list can be made under section 25.>

Lord James Douglas-Hamilton

179 In section 14, page 6, line 27, leave out <subsections (1)(b) and (2)> and insert <subsection (1)(b)>

Fiona Hyslop

180 In section 14, page 6, line 28, at end insert <Ministers must consult such persons appearing to them to have an interest in the criteria and can only specify the criteria when Part 1 of this Act comes into force.>

Section 15

Lord James Douglas-Hamilton

181 In section 15, page 7, line 2, leave out <in the children’s list>

Fiona Hyslop

182 In section 15, page 7, line 3, after <so,> insert <and having due regard to any criteria specified under section 14(3),>

Lord James Douglas-Hamilton

183 In section 15, page 7, line 4, at end insert <protected adults>

Section 16

Fiona Hyslop

184 In section 16, page 7, line 6, after <so,> insert <and having due regard to any criteria specified under section 14(3),>

Lord James Douglas-Hamilton

185 Leave out section 16

Section 17

Lord James Douglas-Hamilton

186 In section 17, page 7, line 11, leave out <or 16>

Lord James Douglas-Hamilton

187 In section 17, page 7, leave out lines 27 to 33 and insert <made by a court>

Lord James Douglas-Hamilton

188 In section 17, page 7, leave out lines 27 to 33

Section 20

Dr Elaine Murray

Supported by: Mr Kenneth Macintosh

189 In section 20, page 9, line 18, at end insert—

<( ) Ministers may publish guidance about what information a person should keep for the purposes of this section and what might constitute a reasonable excuse for the purposes of subsection (3).>

Section 21

Lord James Douglas-Hamilton

190 In section 21, page 9, line 22, leave out <in the children’s list>

Lord James Douglas-Hamilton

191 In section 21, page 9, line 28, after <children> insert <or protected adults>

Lord James Douglas-Hamilton

192 In section 21, page 9, line 29, leave out <in the children’s list>

Lord James Douglas-Hamilton

193 In section 21, page 9, line 31, leave out <from the children’s> and insert <the>

Section 22

Lord James Douglas-Hamilton

194 Leave out subsection 22

Section 23

Lord James Douglas-Hamilton

195 In section 23, page 10, line 7, leave out <or 22>

Section 24

Lord James Douglas-Hamilton

196 In section 24, page 10, line 22, leave out <, 22>

Lord James Douglas-Hamilton

197 In section 24, page 10, line 23, leave out <, 22>

Section 25

Iain Smith

198 In section 25, page 10, line 33, after <prescribed> insert <by Scottish Ministers under section 14(2A)>

Lord James Douglas-Hamilton

199 In section 25, page 10, leave out lines 28 to 31 and insert <the list>

Section 26

Lord James Douglas-Hamilton

200 In section 26, page 11, line 9, leave out <children’s>

Lord James Douglas-Hamilton

201 In section 26, page 11, line 12, after <children> insert <and protected adults>

Lord James Douglas-Hamilton

202 In section 26, page 11, line 14, leave out subsection (2)

Lord James Douglas-Hamilton

203 In section 26, page 11, line 29, leave out from <children’s> to <adults’> in line 30

Section 27

Lord James Douglas-Hamilton

204 In section 27, page 11, line 36, leave out <or 16>

Section 29

Lord James Douglas-Hamilton

205 In section 29, page 12, line 20, leave out <, 15 or 16> and insert <or 15>

Lord James Douglas-Hamilton

206 In section 29, page 12, line 33, after <children> insert <or adults>

Lord James Douglas-Hamilton

207 In section 29, page 12, line 34, leave out <in the children’s list>

Lord James Douglas-Hamilton

208 In section 29, page 12, line 37, at end insert <or adults>

Lord James Douglas-Hamilton

209 In section 29, page 12, leave out from beginning of line 38 to <adults,> on page 13, line 4

Lord James Douglas-Hamilton

210 In section 29, page 13, line 14, leave out <children’s>

Lord James Douglas-Hamilton

211 In section 29, page 13, line 16, at end insert <and adults>

Lord James Douglas-Hamilton

212 In section 29, page 13, line 17, leave out from beginning to <adults,> in line 19

Section 30

Iain Smith

213 In section 30, page 13, leave out line 35

Iain Smith

214 In section 30, page 13, leave out from beginning of line 36 to end of line 37

Section 34

Lord James Douglas-Hamilton

215 In section 34, page 15, line 20, leave out <an organisation to>

Lord James Douglas-Hamilton

216 In section 34, page 15, line 21, at beginning insert <an organisation to>

Dr Elaine Murray

Supported by: Mr Adam Ingram

217 In section 34, page 15, leave out lines 22 and 23 and insert—

<(1A) Ministers may, by regulations, make it an offence for prescribed organisations to permit an individual to do, or fail to remove an individual from, regulated work from which it knows or has reason to believe that the individual is barred.>

Lord James Douglas-Hamilton

218 In section 34, page 15, line 22, at beginning insert <a prescribed organisation to>

Fiona Hyslop

219 In section 34, page 15, line 23, at end insert—

<(1A) Subsection (1)(b) applies to—

(a) a person carrying on a service which is registered with the Scottish Commission for the Regulation of Care,

(b) a prescribed service provided—

(i) by a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 (c.29)

(ii) by a health body acting in exercise of such functions

(iii) by an independent hospital,

(iv) by a private psychiatric hospital,

(v) by an independent clinic, or

(vi) by an independent medical agency,

(c) a community care service—

(i) provided or secured by a council under the Social Work (Scotland) Act 1968 (c.49) or the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), or

(ii) in respect of which a council has made a direct payment,

(d) an institution which is exclusively or mainly for the detention of children,

(e) educational institutions including—

(i) a school,

(ii) a further education institution, or

(iii) a hostel used mainly by pupils attending an educational institution,

(f) a home which is exclusively or mainly for children and is provided by a council under—

(i) section 59 (provisions by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 (c.49), or

(ii) section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003,

(g) a council or an organisation delivering services under contract to a council, or

(h) any other prescribed organisations as set out in regulations by Scottish Ministers.

(1B) Expressions used in paragraphs (a) and (b) of subsection (1A) have the same meaning as in the 2001 Act.

(1C) In subsection (c)—

(a) “community care service” has the same meaning as in the Social Work (Scotland) Act 1968 (c.49), and

(b) “direct payment” means a payment made under section 12B of that Act.>

Section 37

Lord James Douglas-Hamilton

220 In section 37, page 16, line 12, leave out <children’s list or adults’>

Section 39

Lord James Douglas-Hamilton

221 In section 39, page 16, line 33, leave out <children’s list and adults’>

Lord James Douglas-Hamilton

222 In section 39, page 16, line 35, leave out <those lists> and insert <the list>

Section 40

Lord James Douglas-Hamilton

223 In section 40, page 17, line 4, leave out <in the children’s list>

Section 48

Robert Brown

224 In section 48, page 19, line 30, after <following> insert <a request by a scheme member for correction,>

Robert Brown

225 In section 48, page 19, line 39, at end insert—

<( ) A scheme member may, in particular, request a review of any information included in a scheme record by virtue of section 46(1)(c).

( ) Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant in relation to the type of regulated work in relation to which the scheme member participates in the scheme.

( ) Information which was considered accurate when included in a scheme record but which—

(a) is subsequently found to have always been inaccurate, or

(b) subsequently becomes inaccurate for any reason,

is to be regarded as being inaccurate information for the purposes of this section.>

Section 50

Mr Kenneth Macintosh

226 In section 50, page 20, line 22, leave out subsection (4) and insert—

<( ) Any fee charged to disclose a short scheme record should be taken into account by Ministers in charging any fee to disclose a scheme record.>

After section 57

Dr Elaine Murray

Supported by: Mr Kenneth Macintosh

227 After section 57, insert—

<Notification of new vetting information

(1) Subsection (2) applies where—

(a) a scheme member’s scheme has been updated with new vetting information, and

(b) Ministers are satisfied that the new information relates to the scheme member’s conduct and indicates that it was not appropriate for the individual to be included on either the children’s list or adults’ list or both.

(2) Where this subsection applies, Ministers must notify the persons specified in subsection (3) that new vetting information has been included in the scheme member’s scheme record.

(3) Those persons are—

(a) the scheme member,

(b) any organisation for which, to the knowledge of Ministers, the scheme member is doing regulated work with children or protected adults or both, and

(c) any relevant regulatory body which, in the opinion of Ministers, it would be appropriate to notify.

(4) Subsections 3(b) and 3(c) do not apply to persons to whom disclosures have been made under section 51.

(5) The following persons are “relevant regulatory bodies”

The General Teaching Council for Scotland

The Scottish Commission for the Regulation of Care

The Scottish Social Services Council

Any other person specified by order made by Ministers

(6) A notice which this section requires to be given to a person may be given—

(a) by delivering it to the person,

(b) by leaving it at the person’s usual or last known place of abode, or

(c) by sending it by post to the person at that place.>

Section 60

Iain Smith

228 In section 60, page 23, line 2, at beginning insert <Subject to subsection (1A)>

Iain Smith

229 In section 60, page 23, line 5, at end insert—

<(1A) Ministers may act under subsection (1) only when—

(a) they have been unable to satisfy themselves of the applicant’s or the scheme member’s identity, and

(b) have cause to believe the applicant or, as the case may be, the scheme member may have a criminal conviction.>

Section 67

Mr Adam Ingram

230 In section 67, page 26, leave out line 15

Lord James Douglas-Hamilton

231 In section 67, page 26, leave out line 16 and insert—

<(b) waiver of all fees for paid and unpaid staff in the voluntary sector.>

Mr Adam Ingram

232 In section 67, page 26, line 16, at beginning insert <capping, >

Lord James Douglas-Hamilton

233 In section 67, page 26, line 16, at end insert—

<( ) waiver of fees in relation to volunteers who work with children or protected adults>

Mr Kenneth Macintosh

234 In section 67, page 26, line 20, at end insert—

<( ) Ministers must, if making changes to the level of any fee specified under this section—

(a) consult such persons appearing to them to have an interest in the fees for a period of not less than 3 months prior to publishing those changes, and

(b) publish those changes not less than 6 months in advance of the changes coming into effect.>

Section 68

Mr Kenneth Macintosh

235 In section 68, page 26, line 22, at beginning insert <Subject to subsection (4),>

Mr Kenneth Macintosh

236 In section 68, page 26, line 31, at end insert—

<(4) Ministers must consult with such persons as they think appropriate prior to determining the form and manner in which applications to join the Scheme must be made.

(5) Where Ministers make changes to any determination made under subsection (4), they may, if appropriate, prescribe any necessary transitional arrangements.>

After section 71

Robert Brown

237 After section 71 insert—

<Police access to Scheme information

(1) Ministers must make available to chief constables of police forces and the Scottish Police Services Authority—

(a) the name of each individual participating in the Scheme,

(b) confirmation of whether each such individual participates in the Scheme in relation to regulated work with—

(i) children,

(ii) adults, or

(iii) both, and

(c) any other information held by Ministers by virtue of their administration of the Scheme which Ministers consider should be disclosed for any purpose mentioned in subsection (2).

(2) Information disclosed under subsection (1) may be used by police forces and the Scottish Police Services Authority only for the purpose of—

(a) enabling or assisting them to perform their functions under or by virtue of this Part,

(b) the prevention or detection of crime, or

(c) the apprehension or prosecution of offenders.>

Section 73

Lord James Douglas-Hamilton

238 In section 73, page 28, line 39, after second <child> insert <or indicating that a child may be at risk of harm>

Schedule 4

Robert Brown

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

<In section 117, after subsection (2) insert—

“(3) An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

(4) The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant for the purpose in respect of which it was requested.”.>

After section 90

Lord James Douglas-Hamilton

240 After section 90, insert—

<Free disclosure requests

Ministers may, by regulations, make provision to place duties on any body that could, under or in connection with this Act, provide services or advice in relation to free disclosure requests for workers in the voluntary sector.>

Section 91

Iain Smith

241 In section 91, page 37, line 7, at end insert—

<( ) Ministers may publish further guidance on the meaning of regulated work with children or protected adults.

( ) In particular, such guidance may amend the definition of work by reference to the regularity and frequency of any such work.>

Schedule 2

Mr Kenneth Macintosh

242 In schedule 2, page 46, line 5, leave out <employment> and insert <work>

Mr Kenneth Macintosh

243 In schedule 2, page 46, line 6, leave out <employment> and insert <work>

Mr Kenneth Macintosh

244 In schedule 2, page 46, line 6, at end insert <or,

( ) on more than 2 days in a period of 30 consecutive days>

Mr Kenneth Macintosh

245 In schedule 2, page 46, line 9, leave out <employment> and insert <work>

Mr Kenneth Macintosh

246 In schedule 2, page 46, line 10, leave out <employment> and insert <work>

Mr Kenneth Macintosh

247 In schedule 2, page 46, line 12, at end insert <or,

( ) on more than 2 days in a period of 30 consecutive days>

Mr Kenneth Macintosh

248 In schedule 2, page 46, line 15, leave out <employment> and insert <work>

Mr Kenneth Macintosh

249 In schedule 2, page 46, line 17, leave out <employment> and insert <work>

Mr Kenneth Macintosh

250 In schedule 2, page 46, line 20, at end insert—

<( ) an individual who has agreed to supervise contact with a child under arrangements made, for no commercial consideration, with the child’s parent or guardian or any person aged 18 or over with whom the child lives in the course of a personal relationship.>

Lord James Douglas-Hamilton

251 In schedule 2, page 47, leave out lines 1 to 3

Schedule 3

Mr Kenneth Macintosh

252 In schedule 3, page 50, line 9, after <2> insert <on more than 2 days in a period of 30 consecutive days>

Mr Kenneth Macintosh

253 In schedule 3, page 50, line 29, leave out <employment> and insert <work>

Mr Kenneth Macintosh

254 In schedule 3, page 50, line 30, leave out <employment> and insert <work>

Mr Kenneth Macintosh

255 In schedule 3, page 50, line 35, leave out <employment> and insert <work>

Section 92

Lord James Douglas-Hamilton

256 In section 92, page 37, line 10, leave out <in the children’s list>

Lord James Douglas-Hamilton

257 In section 92, page 37, line 17, leave out <in the adults’ list>

Lord James Douglas-Hamilton

258 In section 92, page 37, line 35, leave out <to the children’s list> and insert <to the list as it relates to children>

Lord James Douglas-Hamilton

259 In section 92, page 37, line 38, leave out <to the adults’ list> and insert <to the list as it relates to adults>

Section 93

Lord James Douglas-Hamilton

260 In section 93, page 38, line 4, leave out from beginning to <distress> in line 5

After section 95

Fiona Hyslop

261 After section 95, insert—

<Meaning of “normal duties”

In this Act, “normal duties” in relation to regulated work means that the individual carrying out the work does so on two or more days in a consecutive 30 day period.>

Section 99

Dr Elaine Murray

262 In section 99, page 43, line 2, at end insert—

<Section 34(1A)>

Fiona Hyslop

263 In section 99, page 43, line 2, at end insert—

<Section 34(1A)(h)>

After section 99

Lord James Douglas-Hamilton

264 After section 99, insert—

<Review of the operation and implementation of the Act

Ministers shall, as soon as practicable after the second anniversary of the date on which this Act comes into force and on a biennial basis thereafter—

(a) prepare a report on the operation and implementation of this Act; and

(b) lay the report before the Parliament.>

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

Section 7

Scott Barrie

32 In section 7, page 5, line 31, insert <and

( ) where practicable, involve such pupils in—

(i) identifying and addressing barriers to the uptake of school lunches, and

(ii) identifying and promoting methods of increasing such uptake.>

Section 8

Patrick Harvie

In substitution for amendment 12—

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

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

(a) the pupil’s parent, and

(b) where the pupil is aged 12 or over, the pupil.

(2B) Consent provided under subsection (2A) may be withdrawn by—

(a) the pupil’s parent, or

(b) where the pupil is aged 12 or over, the pupil.

(2C) Where consent is withdrawn under subsection (2B), the education authority must secure that any data collected or retained under subsection (2A) is destroyed.

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

After section 8

Scott Barrie

In substitution for amendment 17A—

17D As an amendment to amendment 17, line 14, at end insert <including, in particular, guidance about fair and ethical trading>

Scott Barrie

In substitution for amendment 17B—

17E As an amendment to amendment 17, line 24, at end insert <including, in particular, guidance about fair and ethical trading>

Adult Support and Protection (Scotland) Bill – Stage 3

Section 71

Lewis Macdonald

21 In section 71, page 55, line 2, at end insert—

<( ) Sections (Power to help incapable adults to benefit from social services etc.), (Compulsion orders: revocation) and 67A come into force on the day after Royal Assent.>

Lewis Macdonald

22 In section 71, page 55, line 3, after <3A> insert <(except sections (Power to help incapable adults to benefit from social services etc.), (Compulsion orders: revocation) and 67A)>

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.

Final Proposal for Members’ Bills

John Swinburne MSP: Exempting the Sale of Homes to pay for Residential Accommodation (Scotland) Bill - Proposal for a Bill to disregard the value of a person’s home in the financial assessment undertaken by local authorities to establish contributions towards the cost of residential accommodation placements (lodged 8 February 2007)

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

Supported by: Dr Jean Turner*; Margo MacDonald*; Donald Gorrie*; Mike Rumbles*; Carolyn Leckie*; Mark Ballard*; Chris Balance*; Shiona Baird*; Frances Curran*; Dennis Canavan*; Campbell Martin*; Ms Rosemary Byrne*; Tommy Sheridan*; John Farquhar Munro*; Colin Fox*; Patrick Harvie*; Ms Sandra White*

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