Back to the Scottish Parliament Business Bulletin No. 35/2007: Friday 23 February 2007
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Section G – Bills

New amendments to Bills lodged on 22 February 2007

Aquaculture and Fisheries (Scotland) Bill – Stage 3

After section 17

Richard Lochhead

1A As an amendment to amendment 1, line 14, insert at end—

<5DB Gyrodactylus salaris: report to the Parliament on other measures

The Scottish Ministers must, within one year of the date on which section (Gyrodactylus salaris: declarations etc. concerning certain items) of the Aquaculture and Fisheries (Scotland) Act 2007 (asp 00) comes into force, report to the Parliament on the steps they have taken to promote the adoption, at points of entry into the rest of Great Britain, of measures designed to prevent the entry into Scotland from within Great Britain of clothing or equipment which has been used in any waters in or adjacent to any country in which the parasite Gyrodactylus salaris is present.".>

Section 21

Richard Lochhead

12 In section 21, page 12, line 17, at end insert <(except in such circumstances as the Scottish Ministers may by regulations specify),",>

Section 25C

Sarah Boyack

13 In section 25C, page 17, line 3, at end insert <, the amount of the maximum penalty on the scale being a sum not exceeding 80 per cent of level 4 on the standard scale>

Edinburgh Airport Rail Link Bill – Consideration Stage

Schedule 1

Iain Smith

1 In schedule 1, page 30, leave out lines 15 to 19

Section 4

Iain Smith

2 In section 4, page 2, line 13, leave out <to any extent not exceeding 7 metres upwards> and insert <upwards by a maximum of 7 metres>

Iain Smith

3 In section 4, page 2, line 14, at end insert—

<(ia) in the case of any part of Work No. 2, 3A, 3B, 4, 4A, 5 or 6 which, at the date on which this Act comes into force, is on operational land of Edinburgh Airport, upwards by a maximum of 1 metre;

(ib) in the case of any part of Work No. 2, 3A, 3B or 5 which, at the date on which this Act comes into force, is on safeguarded airport land, upwards by a maximum of 1 metre or, with the agreement of EAL (which agreement shall not be unreasonably withheld), by a maximum of 3 metres from such levels;>

Iain Smith

4 In section 4, page 2, line 15, leave out <to any extent not exceeding 3 metres upwards> and insert <upwards by a maximum of 3 metres>

Iain Smith

5 In section 4, page 2, line 17, leave out <Subsection (1)(b)(ii) does> and insert <Subsections (1)(b)(ia), (ib) and (ii) do>

Iain Smith

6 In section 4, page 2, line 18, at end insert—

<( ) In this section "safeguarded airport land" means any land within the limits of deviation, the limits of land to be acquired or used or the limits of safeguarding which is within the land to the north of Edinburgh Airport (as existing at the date on which this Act comes into force) which is shown indicatively on the map of Edinburgh Airport included in paragraph 5.12 of the White Paper ‘The Future of Air Transport’ (December 2003, Cmd. 6046) and forms part of the land so shown within the possible new airport boundary.>

Section 5

Iain Smith

7 In section 5, page 2, line 20, after <design> insert <, construction>

Iain Smith

8 In section 5, page 2, line 24, leave out <BAA> and insert <EAL>

Iain Smith

9 In section 5, page 2, line 25, leave out <BAA> and insert <EAL>

Iain Smith

10 In section 5, page 2, line 27, at end insert <; and in determining any dispute the arbiter shall have regard to the respective needs of EAL and the authorised undertaker for the future safe, effective and efficient operation of their respective undertakings.>

Iain Smith

11 In section 5, page 2, line 27, at end insert—

<( ) Subject to section 34, and unless otherwise agreed with EAL, the authorised undertaker shall not take possession of any land for the purpose of constructing any work to which subsection (1) relates or commence any part of such a work until agreement is reached or a determination is made in accordance with the requirements of this section.>

Section 7

Mr Charlie Gordon

12 In section 7, page 3, line 9, at beginning insert <Subject to subsection (4C),>

Mr Charlie Gordon

13 In section 7, page 3, line 10, leave out <the land on which it is constructed> and insert <its associated land>

Mr Charlie Gordon

14 In section 7, page 3, line 12, leave out subsection (4) and insert—

<(4) The authorised undertaker shall give the roads authority notice in writing with a certificate that any authorised work to which subsection (3) applies is complete.

(4A) The roads authority may, within 21 days after such service, give the authorised undertaker a counter-notice in writing that the notice is disputed on the ground that the road is not complete.

(4B) Any dispute as to the completion of a road shall be determined by arbitration, and the determination of the arbiter (or other person to whom the dispute is referred) shall be final and binding.

(4C) Any road or associated land which is the subject of a notice under subsection (4) shall vest––

(a) 28 days after the service of the notice;

(b) on the date of a determination under subsection (4B) that the road is complete;

(c) on the date on which the authorised undertaker complies with any conditions for completion that are specified in the determination; or

(d) on the expiry of the period specified in subsection (3),

whichever is the latest.

(4D) A certificate issued by or on behalf of the authorised undertaker as to the date on which the authorised undertaker complied with any conditions of the sort referred to in subsection (4C)(c) together, if so requested by the roads authority, with a report from a consultant to be agreed between the authorised undertaker and the roads authority confirming such compliance, shall for the purposes of this section be conclusive evidence of such compliance.>

Section 8

Mr Charlie Gordon

15 Leave out section 8 and insert––

<Vesting of private roads and private accesses

(1) Unless otherwise agreed between the authorised undertaker and the intended owner, each of––

(a) the private roads comprising Works Nos. 1B, 2D and 4L; and

(b) the private accesses comprising Works Nos. 2E, 5A, 6A, 6B and 6D, so much of Work No. 4T as is situated in plot no. 422b and so much of Castle Gogar Drive as is situated in plots nos. 705 and 711b,

shall, following its completion as certified or determined under this section, be maintained by and at the expense of the authorised undertaker for a period of 12 months from such completion.

(2) Subject to subsection (7), at the expiry of the period during which the authorised undertaker is liable under subsection (1) to maintain any private road or private access, the road or access and its associated land shall, if they are vested in the authorised undertaker, by virtue of this section vest in the intended owner.

(3) Any vesting effected by subsection (2) shall be subject to such rights specified by the authorised undertaker as may be requisite to reflect public or private rights in any road or access for which the private road or private access is a substitute.

(4) The authorised undertaker shall give every intended owner notice in writing specifying—

(a) the private road, private access or associated land that is to be vested;

(b) details of any other person in whom that road, access or land is to be vested; and

(c) details of any rights to which the road, access or land is to be subject and of every person who has or will have such rights,

together with a certificate that the road or access is complete.

(5) A person on whom a notice is served under subsection (4) may, within 21 days after such service, give the authorised undertaker a counter-notice in writing that the notice is disputed on the grounds that––

(a) the person on whom the notice has been served is not such a person as is described in subsection (9);

(b) the road or access is not complete; or

(c) any rights specified under subsection (4)(c) are not such as described in that subsection.

(6) Any dispute as to whether a person is such a person as is described in subsection (9), as to the completion of a private road or private access or as to whether rights specified in a notice are such as described in subsection (4)(c) shall be determined by arbitration, and the determination of the arbiter (or other person to whom the dispute is referred) shall be final and binding.

(7) Any private road, private access or associated land which is the subject of a notice under subsection (4) shall vest––

(a) 28 days after the service of the notice;

(b) on the date of a determination under subsection (6) that the person on whom the notice has been served is such a person as is described in subsection (9) and that the road or access is complete;

(c) on the date on which the authorised undertaker complies with any conditions for completion that are specified in the determination; or

(d) on the expiry of the period specified in subsection (2),

whichever is the latest.

(8) A certificate issued by or on behalf of the authorised undertaker as to the date on which the authorised undertaker complied with any conditions of the sort referred to in subsection (7)(c) together, if so requested by the intended owner, with supporting consultants’ reports, shall for the purposes of this section be conclusive evidence of such compliance.

(9) In this section "intended owner" means a person or persons identified by the authorised undertaker to become the owner of a private road or private access constructed under this Act as being––

(a) the owner of the private road or private access for which the private road or private access being vested is a substitute; or

(b) the owner of land that is served by the private road or private access.>

After section 8

Mr Charlie Gordon

16 After section 8, insert—

<Registration of vested land

(1) The Keeper of the Registers of Scotland may, without prejudice to section 4 of the Land Registration (Scotland) Act 1979 (c.33), register any land vested under section 7 or 8 on receiving the material specified in subsection (2).

(2) The material referred to in subsection (1) is—

(a) particulars of the land vested under section 7 or 8 sufficient to enable the Keeper to identify it by reference to the Ordnance Map;

(b) particulars of the person or persons in whom the land is vested;

(c) an application for registration made by or on behalf of the authorised undertaker or the person in whom the land is vested;

(d) details of any rights to which the vesting is subject;

(e) such proof as the Keeper may require that the events giving rise to the vesting have happened; and

(f) such other documents and evidence as the Keeper may require in order to satisfy himself that the vesting should be registered.>

Schedule 3

Mr Jamie McGrigor

17 In schedule 3, page 38, line 10, leave out <Beatty> and insert <Beatlie>

Section 14

Christine Grahame

18 In section 14, page 6, line 28, leave out subsection (6)

Christine Grahame

19 In section 14, page 6, line 33, at end insert <or the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (SSI 2005/348)>

Section 15

Mr Jamie McGrigor

20 In section 15, page 7, line 7, at end insert—

<( ) The powers conferred by subsection (1) may also be exercised in relation to the boundary wall within the curtilage of Carlowrie House, and comprising part of that house for the purpose of its category A listing.>

Mr Jamie McGrigor

21 In section 15, page 7, line 13, at end insert—

<( ) "category A listing" means the entry in the list of buildings maintained by the Scottish Ministers under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9) relating to Carlowrie House and dated 30th January 1981;>

Section 16

Christine Grahame

22 In section 16, page 8, line 5, leave out subsection (2)

Mr Jamie McGrigor

23 In section 16, page 8, line 5, at end insert—

<( ) Notwithstanding subsection (1), the authorised undertaker does not have power to acquire compulsorily the land in the City of Edinburgh shown numbered 349 and 352 on the Parliamentary plans.>

Section 18

Christine Grahame

24 In section 18, page 8, line 37, leave out subsection (3)

Schedule 5

Mr Charlie Gordon

25 In schedule 5, page 43, leave out lines 5 to 8

Mr Charlie Gordon

26 In schedule 5, page 43, leave out lines 11 and 12

Mr Charlie Gordon

27 In schedule 5, page 43, line 15, column (3), leave out <358a,>

Mr Charlie Gordon

28 In schedule 5, page 43, leave out lines 34 to 36

Section 20

Christine Grahame

29 In section 20, page 10, leave out line 18

Christine Grahame

30 In section 20, page 10, line 20, at end insert <; or

( ) land within the limits of land to be acquired or used for any purpose specified in schedule 5 to this Act.>

Schedule 6

Mr Jamie McGrigor

31 In schedule 6, page 48, line 33, column (5), leave out <3, 5> and insert <2L, 3A, 3B, 3C, 3D, 3E, 3F, 5, 5K, 5N, 5R>

Mr Jamie McGrigor

32 In schedule 6, page 48, line 36, column (5), leave out <3A, 3B, 2L, 3D, 3E, 3C, 5K> and insert <2L, 3A, 3B, 3C, 3D, 3E, 3F, 5, 5K, 5N, 5R>

Iain Smith

33 In schedule 6, page 49, line 7, column (5), leave out <4C>

Iain Smith

34 In schedule 6, page 49, line 10, column (5), leave out <4C,>

Iain Smith

35 In schedule 6, page 49, line 15, column (5), leave out <4C>

Iain Smith

36 In schedule 6, page 49, line 22, column (5), leave out <4C>

Mr Jamie McGrigor

37 In schedule 6, page 49, line 27, column (3), leave out <350,> and insert <349, 350, 352,>

Iain Smith

38 In schedule 6, page 51, line 7, column (5), leave out <4C,>

Iain Smith

39 In schedule 6, page 51, line 14, column (5), leave out <4C,>

Iain Smith

40 In schedule 6, page 51, line 22, column (5), leave out <4C,>

Mr Jamie McGrigor

41 In schedule 6, page 51, line 24, column (5), leave out second <6D> and insert <6E>

Section 30

Mr Jamie McGrigor

42 Leave out section 30 and insert—

<Parliamentary plans and book of reference: adjustments agreed with landowners and correction of errors

(1) Where—

(a) the authorised undertaker has entered into a binding obligation ("the obligation") not to acquire any land within the limits of deviation or the limits of land to be acquired or used; and

(b) either the authorised undertaker or the owner desires to reflect that commitment by way of either amendment of, or addendum to, either or both the Parliamentary plans and the book of reference,

the authorised undertaker or the owner of the land may (after giving the notice required by subsection (3)) apply summarily to the sheriff under this section.

(2) If the Parliamentary plans or the book of reference are inaccurate in—

(a) their description of any land; or

(b) their statement or description of the ownership or occupation of any land,

the authorised undertaker may (after giving the notice required by subsection (3)) apply summarily to the sheriff for the correction of such inaccuracy.

(3) The notice required by subsections (1) and (2) is 10 days’ prior notice—

(a) in the case of a notice by the authorised undertaker, to the owner, lessee and occupier of the land in question; and

(b) in the case of a notice by an owner, to the authorised undertaker and to any lessee or occupier of the land in question.

(4) Any person to whom a notice has been given under subsection (1) or (2) may, within the period of 10 days from the giving of the notice, give to the sheriff and the person who gave the notice a counter-notice in writing that the person disputes—

(a) in the case of an application under subsection (1), that the proposed amendment or addendum accurately reflects the obligation; and

(b) in the case of an application under subsection (2), that there is an inaccuracy which may be amended under this section.

(5) In relation to any application under this section if it appears to the sheriff—

(a) that the proposed amendment or addendum accurately reflects the obligation; or

(b) that the inaccuracy arose from mistake,

as the case may be, the sheriff shall certify the fact accordingly.

(6) A certificate relating to an application under subsection (2) shall state in what respect any matter is misstated or wrongly described.

(7) If any counter-notice is given pursuant to subsection (4), the sheriff shall, before making any decision on the application cause a hearing to be held.

(8) The certificate shall be deposited in the office of the Clerk of the Parliament.

(9) On the making of the deposit required by subsection (8)—

(a) the Parliamentary plans and the book of reference shall be deemed to be corrected or amended according to the certificate; and

(b) it shall be lawful for the authorised undertaker to take the land or, as the case may be, a right over the land in accordance with the certificate.

(10) The Clerk of the Parliament shall keep every certificate deposited under this section with the Parliamentary plans or book of reference to which it relates.

(11) An application under subsection (1) or (2) may only be made in respect of land identified in the book of reference or on the Parliamentary plans.

(12) In this section "the sheriff" means the sheriff principal of, or any sheriff appointed for, the sheriffdom in which the land is located.>

Section 31

Mr Charlie Gordon

43 In section 31, page 16, line 9, leave out <ten> and insert <five>

Mr Charlie Gordon

44 In section 31, page 16, line 14, leave out <from> and insert <beginning on>

Mr Charlie Gordon

45 In section 31, page 16, line18, leave out subsection (3)

After section 31

Mr Charlie Gordon

46 After section 31, insert—

<Extension of time

(1) On the application of the authorised undertaker, the Scottish Ministers may, by order, extend, or further extend, the period referred to in subsection (1) of section 31 provided that—

(a) such application is made prior to the expiry of the period or any extension to it; and

(b) the period referred to in that subsection, taken together with any extension to it, shall not exceed ten years in total.

(2) If the Scottish Ministers extend, or further extend, the period referred to in subsection (1) of section 31, subsection (2) of that section shall have effect as if, for the period referred to in it, there were substituted the extended, or further extended, period.

(3) The power of the Scottish Ministers to make orders under subsection (1) above shall be exercisable by statutory instrument.

(4) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Parliament.>

Section 34

Iain Smith

47 In section 34, page 17, line 4, leave out <Edinburgh Airport Limited> and insert <EAL>

Iain Smith

48 In section 34, page 17, line 5, leave out <for the protection of the safe operation> and insert <to ensure that there is no material adverse impact on the operation or safety>

Iain Smith

49 In section 34, page 17, line 10, after <292b,> insert <292c,>

Iain Smith

50 In section 34, page 17, line 14, leave out <Edinburgh Airport Limited> and insert <EAL>

Iain Smith

51 In section 34, page 17, line 15, at end insert—

<( ) Unless otherwise agreed with EAL, the authorised undertaker shall not take possession of any land referred to in subsection (2) or commence any part of the authorised works on that land until agreement is reached or a determination is made in accordance with the requirements of this section.

( ) Notwithstanding the terms of section 67(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), any lease of the land referred to in subsection (2) which is granted by EAL to the authorised undertaker may continue for a period of up to 250 years.>

Section 37

Iain Smith

52 In section 37, page 20, line 4, leave out from <may> to <works> and insert <concerning the matters described in subsection (2) may be made under this section in relation to the works so>

Iain Smith

53 In section 37, page 20, line 5, leave out <powers> and insert <the powers so>

After section 38

Mr Charlie Gordon

54 After section 38, insert—

<Historic obligations relating to former railway

(1) As from—

(a) the acquisition of any land by the authorised undertaker, whether compulsorily or by agreement; or

(b) the entry on the land by the authorised undertaker under section 28,

whichever occurs earlier, BRBR shall be discharged from any obligation to which it is subject in relation to that land under any statutory provision in a private Act or provisional order specifically relating to the former railway, including any provision of the 1845 Act or the Railways Clauses Consolidation Act 1863 that is incorporated in such a private Act or provisional order.

(2) In this section—

"BRBR" means BRB (Residuary) Limited (company no. 04146505) and its successors;

"the former railway" means any railway which at any time prior to the passing of this Act, was situated within the limits of deviation of Work No. 1 or Work No. 5;

"provisional order" means an order made under the Private Legislation Procedure (Scotland) Act 1936 (c.52) or any earlier Act which that Act replaced.>

Section 40

Christine Grahame

55 In section 40, page 20, line 39, at end insert—

<( ) In the application of the Conservation (Natural Habitats &c.) Regulations 1994 (S.I. 1994/2716) to the authorised works, the Parliament is the competent authority.>

Section 41

Iain Smith

56 In section 41, page 21, line 27, leave out <"relevant planning> and insert <"section 75>

Iain Smith

57 In section 41, page 21, line 28, leave out <in> to end of line 30

Section 42

Iain Smith

58 In section 42, page 21, line 34, leave out from <, section> to <(1)> in line 35

Iain Smith

59 In section 42, page 21, line 35, leave out <their> and insert <its>

Iain Smith

60 In section 42, page 21, line 38, leave out subsection (2)

Iain Smith

61 In section 42, page 22, line 1, leave out second <relevant planning> and insert <section 75>

Iain Smith

62 In section 42, page 22, line 2, leave out from <relating> to <with,> in line 3 and insert <for developer contributions in respect of>

Iain Smith

63 In section 42, page 22, line 6, leave out <relevant planning> and insert <section 75>

Iain Smith

64 In section 42, page 22, line 7, leave out <require> and insert <include>

Iain Smith

65 In section 42, page 22, line 9, leave out from first <or> to end of line 10

Iain Smith

66 In section 42, page 22, line 14, leave out subsection (6) and insert—

<(6) No section 75 agreement made pursuant to this section shall—

(a) have effect; or

(b) be made,

after the expiry of ten years beginning on the date on which this Act comes into force.>

Iain Smith

67 In section 42, page 22, line 16, at the end insert—

<(6A) No requirement for payment of a developer contribution under subsection (4) shall be included in any section 75 agreement relating to development (including the erection or alteration of an operational building) on operational land of Edinburgh Airport.>

Iain Smith

68 In section 42, page 22, line 16, at the end insert—

<(6B) Where—

(a) a person with an interest in land has made a contribution towards the cost of providing the authorised works or any development relating to, supporting or otherwise connected with the authorised works;

(b) development on that land is or may be the subject of a section 75 agreement; and

(c) a requirement for a developer contribution under subsection (4) might be included in the section 75 agreement,

the value of the developer contribution which might be required shall be reduced by the value of the contribution referred to in paragraph (a).

(6C) Subsection (6B)(a) applies to any contribution of the sort described in that subsection, whether made before or after the passing of this Act and whether or not pursuant to a section 75 agreement.>

Section 43

Iain Smith

69 In section 43, page 22, line 29, leave out second <authorised> and insert <burdened>

Iain Smith

70 In section 43, page 22, line 31, leave out <authorised> and insert <burdened>

Iain Smith

71 In section 43, page 22, line 33, at end insert—

<( ) For the purposes of this section the burdened undertaker is a person or persons to whose account is debited the capital cost of constructing the authorised works, or any debt or other charge or encumbrance in respect of or by way of funding for such cost and who is—

(a) notified from time to time by the authorised undertaker to the relevant planning authority as the burdened undertaker to whom developer contributions should be paid, and if more than one in what proportions; or

(b) in the absence of such notification, the authorised undertaker.>

Section 45

Christine Grahame

72 Leave out section 45 and insert—

<Application of Crichel Down Rules

(1) The authorised undertaker shall apply the Crichel Down Rules in relation to surplus land.

(2) In this section—

"the Crichel Down Rules" means the rules set out in the Scottish Development Department Circular 38 of 1992 ("Disposal of Surplus Government Land – the Crichel Down Rules") as amended or superseded from time to time;

"surplus land" means any land acquired compulsorily under section 16 which is subsequently declared by the authorised undertaker to be surplus to the authorised undertaker’s requirements for the provision of the authorised works.>

Section 46

Mr Charlie Gordon

73 Leave out section 46 and insert—

<Mitigation of environmental impacts

(1) The authorised undertaker shall employ all reasonably practicable means to ensure—

(a) that the environmental impacts of the construction and operation of the authorised works as described in the environmental statement are not worse than the residual impacts identified in the environmental statement in relation to those works; and

(b) that––

(i) the additional environmental mitigation measures identified in the promoter’s undertakings are carried out; or

(ii) the environmental impacts of the construction or operation of the authorised works as so described are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

(2) In this section—

"environmental statement" means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act;

"the promoter’s undertakings" means all undertakings given by tie as Promoter of the Bill for this Act––

(a) to the Committee during the Consideration Stage of the Bill for this Act; or

(b) to any person in connection with that Bill;

"residual impacts" means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.>

After section 46

Mr Charlie Gordon

74 After section 46, insert—

<Compliance with code of construction practice and noise and vibration policy 

(1) The authorised undertaker shall employ all reasonably practicable means to ensure that—

(a) the authorised works are carried out in accordance with the code of construction practice as approved by the local planning authority for each area in which the authorised works are located and from time to time amended or replaced in accordance with schedule (Code of construction practice ; and

(b) the noise and vibration policy and any mitigation commitment document, as from time to time amended or replaced, is applied to the use and operation of the authorised works as described in that policy and the environmental statement.

(2) None of the code of construction practice, the noise and vibration policy or any mitigation commitment document shall be amended or replaced so as to reduce the standards of mitigation and protection provided for in the versions being amended or replaced. 

(3) Schedule (Code of construction practice) has effect in relation to the approval, amendment and replacement of the code of construction practice. 

(4) In this section "noise and vibration policy" means the "Noise and Vibration Policy Paper" dated 12 January 2007, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act.>

Mr Charlie Gordon

75 After section 46, insert—

<Regulation of mitigation measures

(1) The requirements imposed by or pursuant to the following provisions, that is to say—

(a) sections 46 and (Compliance with code of construction practice and noise and vibration policy); and

(b) schedule (Code of construction practice) to this Act,

shall be enforceable, and the local planning authority shall have the responsibility to enforce them, as valid planning conditions.

(2) For the purposes only of such enforcement and any appeal against a decision of the local planning authority under this Act, planning permission for the construction of the authorised works shall be deemed to have been granted under section 37 of the 1997 Act subject to the imposition of those conditions under section 41 of that Act. 

(3) The authorised undertaker shall maintain a directory containing the code of construction practice, the noise and vibration policy, any local construction plan and any mitigation commitment document.

(4) The local planning authority shall appoint an Environmental Compliance Officer responsible for the discharge by the local planning authority of its function under this section.>

Christine Grahame

76 After section 46, insert—

<Protection of the water environment

Nothing in this Act affects the operation of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (SSI 2005/348) in relation to Works Nos. 3D, 3E, 4B and 4D or any ancillary work described in paragraph 7 of schedule 2 to this Act.>

Mr Charlie Gordon

77 After section 46, insert—

<Saving for Railways Act 1993

Section 46 and section (Compliance with code of construction practice and noise and vibration policy) do not affect the carrying out of any activity that is—

(a) subject to regulation under the Railways Act 1993 (c.43); or

(b) connected with such an activity and subject to standards, guidance or other measures that form part of the terms of such regulation.>

After schedule 8

Mr Charlie Gordon

78 After schedule 8, insert—

<SCHEDULE

(introduced by section (Compliance with code of construction practice and noise and vibration policy)

Code of construction practice

1 Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that—

(a) the code of construction practice; and

(b) the draft of any local construction plan that the authorised undertaker proposes to implement in the area of the local planning authority concerned,

are submitted to that local planning authority for its written approval.

2 The local planning authority shall send a copy of every code or plan submitted pursuant to paragraph 1, and any amendment or replacement proposed by the authorised undertaker pursuant to paragraph 3, to SNH and SEPA and shall take account of any representations made to the local planning authority by either of those bodies.

3 The authorised undertaker may with the approval of the local planning authority amend or replace the code of construction practice or any local construction plan.

4 In approving the code of construction practice or any local construction plan, or any amendment or replacement submitted under this schedule, the local planning authority may require the authorised undertaker to make amendments to the code or plan or to the amendment or replacement as the case may be.

5 For the purpose of any appeal against a decision of a local planning authority under this schedule, an application for approval under paragraph 1 or 3 shall be deemed to be an application for planning permission made under section 32 of the 1997 Act.

6 In this schedule—

"SEPA" means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 (c.25);

"SNH" means Scottish Natural Heritage established under section 1 of the Natural Heritage (Scotland) Act 1991 (c.28). >

Section 47

Mr Jamie McGrigor

79 Leave out section 47 and insert—

<Certification of plans, etc.

(1) As soon as practicable after the coming into force of this Act, the authorised undertaker shall submit copies of the book of reference, the Parliamentary plans and the Parliamentary sections to the Clerk of the Parliament for certification under this section.

(2) On being satisfied as to the accuracy of documents submitted under subsection (1), the Clerk shall certify them as being, respectively the book of reference, Parliamentary plans and Parliamentary sections referred to in this Act.

(3) A document certified under subsection (2) shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.>

After section 47

Christine Grahame

80 After section 47, insert—

<Registration of new rights

(1) A servitude or other right acquired by the authorised undertaker under section 17 or 18 shall, unless otherwise expressly stated in the instrument by which it is created, be treated for all purposes as benefiting the land from time to time held by the authorised undertaker for the purposes of the authorised works.

 (2) Notwithstanding section 75 of the Title Conditions (Scotland) Act 2003 (asp 9), where a servitude falls to be treated as mentioned in subsection (1), the deed by which it is created shall be effective whether or not it is registered against the benefited property.>

Section 48

Mr Charlie Gordon

81 In section 48, page 23, line 22, at beginning insert <Except as provided in sections 7(4B) and 8(6),>

Mr Charlie Gordon

82 In section 48, page 23, line 25, leave out <Housing Grants, Construction and Regeneration Act 1996 (c.53)> and insert <1996 Act>

Mr Charlie Gordon

83 In section 48, page 23, line 28, at end insert—

<( ) Subsection (3) does not affect the operation of the 1996 Act so far as applicable to any contract under which a contracting party other than the authorised undertaker is responsible for the construction or funding of the authorised works.

( ) In this section "the 1996 Act" means the Housing Grants, Construction and Regeneration Act 1996 (c.53).>

Section 50

Iain Smith

84 In section 50, page 24, line 26, leave out <, 8, 9, 11, 12, 13, 14>

Iain Smith

85 In section 50, page 24, line 27, leave out <86 and 87> and insert <40 to 50, 52 to 56, 58, 59, 66, 68, 87 and 88>

Iain Smith

86 In section 50, page 24, line 28, leave out from <Part> to end of line 29 and insert <section 12>

Iain Smith

87 In section 50, page 24, line 34, at end insert—

<( ) sections 18 and 21 of the 1845 Act shall not apply in any case where the relations between the authorised undertaker and any other person are regulated by sections 143 and 144 of the 1991 Act; and

( ) section 60 of the 1845 Act shall have effect with the omission of the words from "Such and" to "formation thereof" and from "together with all necessary gates" to "all necessary stiles">

Section 51

Mr Charlie Gordon

88 In section 51, page 25, line 8, at end insert—

<"associated land", in relation to a road or private access, means the land on which the road or access is constructed, together with any other land acquired by the authorised undertaker under this Act for the purpose of such construction;>

Iain Smith

89 In section 51, page 25, leave out lines 14 to 17

Mr Charlie Gordon

90 In section 51, page 25, line 19, at end insert—

<"code of construction practice" means the edition of the Code of Construction Practice (which sets out the measures to be employed in the construction of the authorised works so to mitigate the impact of those works) dated 19 February 2007, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act;>

Mr Charlie Gordon

91 In section 51, page 25, line 19, at end insert—

<"the Committee" means the Edinburgh Airport Rail Link Bill Committee to which the Bill for this Act was referred, and includes any assessor appointed in respect of that Bill under Rule 9A.9.1B of the Standing Orders of the Parliament;>

Iain Smith

92 In section 51, page 25, line 21, at end insert—

<"EAL" means Edinburgh Airport Limited (company no. SC96623) whose registered office is at St Andrew’s Drive, Glasgow Airport, Paisley, PA3 2SW, and includes any successor to that company as operator of Edinburgh Airport;>

Mr Charlie Gordon

93 In section 51, page 25, line 27, at end insert—

<"local construction plan" means a code of practice intended to define, and from time to time redefine, the authorised undertaker’s policy in relation to construction practice to be adopted in the carrying out of the authorised works within an area specified in that plan;>

Mr Charlie Gordon

94 In section 51, page 25, line 27, at end insert—

<"mitigation commitment document" means a document setting out the authorised undertaker’s commitments in terms of policy, plans or measures for mitigation of the environmental impacts of the authorised works or their construction;>

Iain Smith

95 In section 51, page 25, line 31, at end insert—

<"operational land of Edinburgh Airport" means the land (including the land mentioned in section 34(2)) forming part of Edinburgh Airport that is used, or in which an interest is held, by EAL or any other company in the group of companies to which EAL belongs, for the purposes of EAL’s undertaking as operator of Edinburgh Airport;>

Prostitution (Public Places) (Scotland) Bill – Stage 3

Section 1

Fergus Ewing

1 In section 1, page 1, line 18, at end insert—

<( ) Where a person is convicted of an offence under this section, section 248(1) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies as if the words "(other than one triable only summarily)" were omitted.>

Fergus Ewing

2 In section 1, page 1, line 18, at end insert—

<( ) For the avoidance of doubt, where an offence under this section is committed in a motor vehicle which is not public transport, that vehicle may be regarded as property for the purposes of section 21 of the Proceeds of Crime (Scotland) Act 1995 (c.43).>

Fergus Ewing

3 In section 1, page 1, line 18, at end insert—

<( ) Where—

(a) a person is convicted of an offence under this section,

(b) a motor vehicle which is not public transport was used for the purpose of committing, or facilitating the commission of, the offence, and

(c) the prosecutor does not intend to make an application for a suspended forfeiture order in respect of that motor vehicle under section 21 of the Proceeds of Crime Act 1995 (c.43),

the prosecutor must state in court the reasons for not making such an application.>

After section 2

Tommy Sheridan

4 After section 2, insert—

<Offences under section 46 of Civic Government (Scotland) Act 1982: making of drug treatment and testing orders

(1) In section 46 of the Civic Government (Scotland) Act 1982 (c.45), after subsection (1) insert—

"(1A) Subsection (1B) applies where—

(a) a person is convicted of an offence under this section,

(b) the court believes that the person may be dependent on, or have a propensity to misuse drugs,

(c) the condition mentioned in paragraph (a) of subsection (3) of section 234B of the Criminal Procedure (Scotland) Act 1995 (c.46) is met, and

(d) the person is not already subject to a drugs treatment and testing order.

(1B) The court must—

(a) obtain a report by, and if necessary hear evidence from, an officer of the local authority in whose area the person is resident about the person and the person’s circumstances, and

(b) if satisfied on the basis of that report that the conditions mentioned in paragraph (c) of that subsection are met, make a drug treatment and testing order in respect of the person.".

(2) In section 234B(2) of the Criminal Procedure (Scotland) Act 1995 (c.46), after the word "section" where it first appears insert "and section 46(1B) of the Civic Government (Scotland) Act 1982 (c.45)".>

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, Mike Pringle, Mr Brian Monteith, Rosie Kane, Robin Harper, Mr Andrew Arbuckle, Mr Jamie Stone

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