Back to the Scottish Parliament Business Bulletin No. 45/2008: Thursday 13 March 2008
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Section G – Bills

New Bills introduced or reprinted on 12 March 2008

Creative Scotland Bill—A Bill for an Act of the Scottish Parliament to establish a body to be known as Creative Scotland and to confer on it functions in relation to the arts and culture and to the application of creative skills; and for connected purposes. (SP Bill 7) (Executive Bill)

Introduced by: Alex Salmond

Supported by: Linda Fabiani

Explanatory Notes (and other accompanying documents) (SP Bill 7-EN) and a Policy Memorandum (SP Bill 7-PM) were printed to accompany the Bill.

New amendments to Bills lodged on 12 March 2008

Glasgow Commonwealth Games Bill – Stage 2

Section 1

Stewart Maxwell

1 In section 1, page 1, line 7, leave out from <event”> to first <event> in line 8 and insert <location” is—

( ) a place in which an event is>

Stewart Maxwell

2 In section 1, page 1, line 10, leave out from <event> to <Games> and insert <place which is—

( ) used in connection with the Games (even if that use occurs before or after the Games), and

( )>

Section 2

Stewart Maxwell

3 In section 2, page 1, line 16, leave out <event> and insert <location>

Stewart Maxwell

4 In section 2, page 1, line 22, leave out <events> and insert <locations>

Section 3

Stewart Maxwell

5 In section 3, page 2, line 6, leave out <event> and insert <location>

Stewart Maxwell

6 In section 3, page 2, line 7, leave out <(before, during or after Games events)>

Section 9

Stewart Maxwell

7 In section 9, page 3, line 31, leave out <events> and insert <locations>

Section 10

Stewart Maxwell

8 In section 10, page 4, line 3, leave out <event> and insert <location>

Stewart Maxwell

9 In section 10, page 4, line 8, leave out <events> and insert <locations>

Section 11

Stewart Maxwell

10 In section 11, page 4, line 28, leave out <event> and insert <location>

Stewart Maxwell

11 In section 11, page 4, line 29, leave out <(before, during or after Games events)>

Section 16

Stewart Maxwell

12 In section 16, page 6, line 3, leave out <events> and insert <locations>

Section 21

Stewart Maxwell

13 Leave out section 21

Section 22

Stewart Maxwell

14 In section 22, page 8, line 9, leave out <in the enforcement> and insert <by Ministers in>

Section 23

Stewart Maxwell

15 In section 23, page 8, line 13, leave out <to enforce> and insert—

<( ) for the purpose of preventing or ending the commission of a Games offence, or

( ) in connection with proceedings, or anticipated proceedings, in respect of>

Section 25

Stewart Maxwell

16 In section 25, page 9, line 6, after <may> insert <, without warrant,>

Stewart Maxwell

17 In section 25, page 9, line 6, leave out <and search any place> insert <any place and may search any place (and any vehicle, vessel, container or other thing at that place)>

Stewart Maxwell

18 In section 25, page 9, line 7, leave out <if> and insert <where>

Section 28

Stewart Maxwell

19 In section 28, page 10, line 27, leave out <for the purposes of enforcing> and insert <in connection with—

( ) a Games offence, or

( ) conduct which the officer reasonably suspects constitutes>

Section 31

Stewart Maxwell

20 In section 31, page 11, line 4, after <from> insert—

<( ) if the damage is caused by an enforcement officer or by a constable accompanying an enforcement officer,>

Stewart Maxwell

21 In section 31, page 11, line 4, at end insert <, or

( ) if the damage is caused by a constable who is not accompanying an enforcement officer, the chief constable of the constable’s police force.>

Stewart Maxwell

22 In section 31, page 11, line 7, leave out <The enforcement regulations must include> and insert <Ministers may by regulations make>

Section 32

Stewart Maxwell

23 In section 32, page 11, line 20, after <officer> insert <, or a constable,>

Section 33

Stewart Maxwell

24 Leave out at section 33 and insert—

<Police powers

(1) A constable may do anything an enforcement officer may do under sections 23 to 30.

(2) But the restrictions imposed on an enforcement officer by sections 24, 26, 27 and 29 apply to a constable only to the extent that they do not conflict with a constable’s powers under any other enactment or rule of law.

And where the restrictions imposed by sections 26 and 27 apply, the constable does not have to be accompanied by another constable.

(3) A constable may arrest without warrant a person who the constable reasonably believes is committing or has committed a Games offence.

(4) Subsection (3) does not affect a constable’s existing powers of arrest.>

After section 33

Stewart Maxwell

25 After section 33, insert—

<Action under sections 23 to 30: procedure

Ministers may by regulations specify further procedure which an enforcement officer or, as the case may be, a constable must follow when doing anything under sections 23 to 30.>

Section 35

Stewart Maxwell

26 In section 35, page 11, line 31, after <liable> insert <on summary conviction>

Section 37

Stewart Maxwell

27 In section 37, page 12, line 29, leave out <event is to take place> and insert <location is situated>

Stewart Maxwell

28 In section 37, page 12, line 29, after <place,> insert—

<( ) every chief constable of a police force maintained for an area in which a Games location is situated,>

Section 38

Stewart Maxwell

29 In section 38, page 13, line 8, at end insert—

<( ) Paragraph 2(4)(ba) of Schedule 3 to the Road Traffic Act 1991 (c.40) (breach of order under section 14(1) of the 1984 Act in relation to waiting, loading and unloading of vehicles not to be offence in a special parking area) does not apply to section 16(1) of the 1984 Act (contravention of section 14 of the Act to be an offence) in so far as section 16(1) relates to the contravention of a Games traffic regulation order.>

Section 43

Stewart Maxwell

30 In section 43, page 15, line 1, at beginning insert <Subject to subsection (4),>

Stewart Maxwell

31 In section 43, page 15, line 4, at end insert—

<(4) No statutory instrument containing the first—

(a) trading regulations,

(b) advertising regulations, or

(c) regulations under section 19,

may be made unless a draft of the instrument has been laid before, and approved by a resolution of the Scottish Parliament.>

Section 44

Stewart Maxwell

32 In section 44, page 15, line 6, after second <the> insert <first>

Stewart Maxwell

33 In section 44, page 15, line 7, after <the> insert <first>

Section 45

Stewart Maxwell

34 In section 45, page 15, line 18, leave out <events> and insert <locations>

Section 46

Stewart Maxwell

35 In section 46, page 15, line 21, after third <the> insert <first>

Stewart Maxwell

36 In section 46, page 15, line 22, after <the> insert <first>

Stewart Maxwell

37 In section 46, page 15, line 23, after third <the> insert <first>

Stewart Maxwell

38 In section 46, page 15, line 24, after <the> insert <first>

Section 48

Stewart Maxwell

39 In section 48, page 16, line 13, leave out <a Games event,> and insert—

<( ) an event held as part of the Games (whether or not a sporting event and whether or not held in Glasgow), or

( ) any other event connected with the Games specified by order made by Ministers,>

Schedule

Stewart Maxwell

40 In the schedule, page 18, leave out line 12

Stewart Maxwell

41 In the schedule, page 18, leave out line 14

Stewart Maxwell

42 In the schedule, page 18, line 17, leave out <event> and insert <location>

Draft Proposal for Members’ Bills

Mike Pringle MSP: Proposed Environmental Levy on Plastic Bags (Scotland) Bill—Draft proposal for a Bill to impose an environmental levy on specified plastic bags payable by the consumer, to require local authorities to collect the levy and for the ‘net proceeds’ to be ring fenced for use on environmental projects in local authority areas. (lodged 12 March 2008)

The statement of reasons why, in the member’s opinion, further consultation is not necessary for the draft proposal can be found on the Bills page of the Parliament’s website and in SPICe.

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