Back to the Scottish Parliament Business Bulletin No. 39/2007: Thursday 1 March 2007
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Section G – Bills

New amendments to Bills lodged on 28 February 2007

Protection of Vulnerable Groups (Scotland) Bill – Stage 3

Section 17

Robert Brown

11 In section 17, page 8, line 8, at end insert <(other than a report relating to an inquiry of the type mentioned in sub-paragraph (ii) of section 30(2)(a))>

Section 60

Robert Brown

12 In section 60, page 26, line 19, leave out from <check> to end of line 20 and insert <satisfy themselves as to the identity of the applicant or, as the case may be, scheme member>

Robert Brown

13 In section 60, page 26, line 20, at end insert—

<( ) But Ministers may require an individual to have fingerprints taken under subsection (1) only if they are not satisfied by other evidence provided under section 59(1) as to the individual’s identity.>

Section 67

Robert Brown

14 In section 67, page 30, line 1, at end insert—

<( ) Before prescribing fees under this section, Ministers must have regard to—

(a) the circumstances in which those fees are payable, and

(b) the desirability of maintaining an appropriate balance among—

(i) the quality of the performance of their vetting, barring and disclosure functions,

(ii) the cost of that performance, and

(iii) the fees paid to them in respect of that performance.>

Section 69A

Robert Brown

15 In section 69A, page 31, line 4, after <Act,> insert—

<( ) to foster a child (for the purposes of any regulations made under section 5(2) of the Social Work (Scotland) Act 1968 (c.49)),>

Section 71A

Robert Brown

16 In section 71A, page 32, line 5, leave out from <should> to end of line 6 and insert <would enable or assist police forces or the Scottish Police Services Authority to satisfy themselves as to the identity of such individuals>

Before section 87

Robert Brown

17 Before section 87, insert—

<Annual report

(1) Ministers must, in respect of each reporting year, prepare a report on the performance of their vetting, barring and disclosure functions during that year.

(2) Ministers must lay a copy of each such report before the Scottish Parliament as soon as practicable after the end of the reporting year to which it relates.

(3) A “reporting year” is—

(a) the period beginning with the day on which this section comes into force and ending on 31 March, and

(b) each successive year ending on that date.>

Section 95A

Robert Brown

18 Leave out section 95A and insert—

<Fostering

(1) For the purposes of this Act, a “foster carer”, in relation to a child, is an individual other than a parent of the child—

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

(b) who looks after the child in pursuance of arrangements made by a council under 26(1)(c) (arrangements for accommodating children) of the 1995 Act,

(c) who—

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

(ii) otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act, or

(d) who looks after the child in pursuance of—

(i) a permanence order, or

(ii) a supervision requirement.

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

(a) in the case of a foster carer of the type described in subsection (1)(a), the council which placed the child with that foster carer under section 26(1)(a) of the 1995 Act,

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

(i) made arrangements with the foster carer in pursuance of which the foster carer looks after the child, and

(ii) has power to terminate those arrangements,

(c) in the case of a foster carer of the type described in subsection (1)(d)(i), the council which has the right to regulate the child’s residence,

(d) in the case of a foster carer of the type described in subsection (1)(d)(ii), the council in whose area the child is looked after.

(3) Sections 33 to 36 do not apply in relation to work as a foster carer where the work is done in pursuance of —

(a) a permanence order which vests any parental responsibility or parental right in the foster carer, or

(b) a supervision requirement.

(4) Subsections (2) to (7) of section 95 do not apply in relation to work as a foster carer.

(5) 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.

(6) References in this section to looking after a child in pursuance of a permanence order are references to looking after a child in consequence of the exercise by the council to which the order relates of its right to regulate the child’s residence.

(7) References in this section to the council’s right to regulate a child’s residence are references to the parental right vested in the council by virtue of section 81(1)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4) (mandatory provision in permanence order).

(8) In this section—

“parental responsibilities” and “parental rights” have the same meaning as they have in the 1995 Act,

“permanence order” means an order made under section 80(1) of the Adoption and Children (Scotland) Act 2007 (asp 4),

“supervision requirement” means a requirement made under section 70(1) of the 1995 Act.>

Section 96

Robert Brown

19 In section 96, page 45, line 10, at end insert—

<( ) References in this Act to Ministers’ vetting, barring and disclosure functions are references to their functions under Parts 1 and 2 of this Act and Part 5 of the 1997 Act (other than functions relating to the making of regulations and orders).>

Schedule 2

Robert Brown

20 In schedule 2, page 48, line 38, at end insert—

<Exceptions relating to children’s employment and work

Work which would be regulated work with children by virtue of any of paragraphs 2 to 6 is not, despite those provisions, regulated work with children if—

(a) the activity concerned is carried out in relation to children aged 16 or 17 in the course of the children’s work, or

(b) in the case of the activities referred to in paragraphs 4 and 5, the activity is carried out in relation to children under the age of 16 in the course of the children’s employment.>

Robert Brown

21 In schedule 2, page 49, leave out line 5

Robert Brown

22 In schedule 2, page 49, leave out lines 10 and 11

Robert Brown

23 In schedule 2, page 49, line 15, leave out from <(other> to end of line 16

Robert Brown

24 In schedule 2, page 49, line 18, leave out from <(other> to end of line

Robert Brown

25 In schedule 2, page 49, line 23, leave out from <has> to end of line 26 and insert <, in relation to a child, has agreed to supervise the contact under arrangements made by the child’s parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship.>

Robert Brown

26 In schedule 2, page 50, line 2, at end insert—

<“Family relationship” and “personal relationship” have the meanings given in section 95.>

Robert Brown

27 In schedule 2, page 50, line 5, at end insert <(except providing advice or guidance to a child or to particular children which is merely incidental to providing advice or guidance to individuals who are not children)>

Schedule 4

Robert Brown

28 In schedule 4, page 60, line 29, at end insert—

<( ) after subsection (2A) insert—

“(2B) The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant’s identity.”.>

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

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