Back to the Scottish Parliament Business Bulletin No. 71/2008: Friday 2 May 2008
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Section G – Bills

New amendments to Bills lodged on 1 May 2008

Public Health etc. (Scotland) Bill – Stage 2

Section 7

Dr Richard Simpson

192 In section 7, page 4, line 22, leave out <consult> and insert <agree that plan with>

Section 13

Dr Richard Simpson

25A As an amendment to amendment 25, line 2, after first <the> insert <name,>

Dr Richard Simpson

193 In section 13, page 8, line 35, at end insert—

<( ) Before issuing any guidance on the implementation of this section, the Scottish Ministers must, in respect of such guidance—

(a) undertake; and

(b) have regard to the outcome of,

a privacy impact assessment in line with guidance issued by the Information Commissioner’s Office.>

Section 14

Dr Richard Simpson

27A As an amendment to amendment 27, line 2, after first <the> insert <name,>

Dr Richard Simpson

194 In section 14, page 9, line 35, after <is> insert <unexpected, unforeseen or out of the ordinary and>

Dr Richard Simpson

195 In section 14, page 10, line 4, at end insert—

<( ) Before issuing any guidance on the implementation of this section, the Scottish Ministers must, in respect of such guidance—

(a) undertake; and

(b) have regard to the outcome of,

a privacy impact assessment in line with guidance issued by the Information Commissioner’s Office.>

Section 15

Dr Richard Simpson

196 In section 15, page 11, line 8, at end insert—

<( ) Before issuing any guidance on the implementation of this section, the Scottish Ministers must, in respect of such guidance—

(a) undertake; and

(b) have regard to the outcome of,

a privacy impact assessment in line with guidance issued by the Information Commissioner’s Office.>

Section 16

Dr Richard Simpson

197 In section 16, page 12, line 15, at end insert—

<( ) Before issuing any guidance on the implementation of this section, the Scottish Ministers must, in respect of such guidance—

(a) undertake; and

(b) have regard to the outcome of,

a privacy impact assessment in line with guidance issued by the Information Commissioner’s Office.>

Section 25

Jamie Stone

198 In section 25, page 17, line 1, after <such> insert <supplementary>

Section 37

Helen Eadie

199 In section 37, page 24, line 37, leave out <in any place> and insert <, subject to subsection (5), in any type of place, or place, specified in the order>

Helen Eadie

200 In section 37, page 25, line 9, leave out from beginning to <excluded;> in line 10

After section 57

Dr Richard Simpson

201 After section 57, insert—

<Reviews

Retrospective review of orders for medical examination

(1) This section applies where a person has been the subject of a medical examination authorised by an order under section 34.

(2) A person mentioned in subsection (3) may apply to the Court of Session for a review of the medical order.

(3) The person referred to in subsection (2) is––

(a) the person in relation to whom the order applied; or

(b) any person having an interest in the welfare of such a person.

(4) An application for a review under this section must be made within 90 days of the medical examination taking place.

(5) The Court of Session is to report on the circumstances surrounding the making of the order and its implementation.>

Before section 90

Helen Eadie

202 Before section 90, insert—

<Licensing of sunbed premises

(1) The Civic Government (Scotland) Act 1982 (c.45) is amended as follows.

(2) In section 7(2), after paragraph (a) insert—

"(aa) in a case where the licence is a sunbed premises licence and the condition is attached under section 41B(4) of this Act, to a fine not exceeding level 4 on the standard scale;".

(3) In section 9(1), for the words "section 41A" substitute "sections 41A and 41B".

(4) After section 41A, insert—

"41B Sunbed premises licences

(1) A licence, to be known as a "sunbed premises licence", is required for the use of premises as sunbed premises.

(2) In this section––

"operator" means the person having management or control of the sunbed premises;

"sunbed" means an electrically-powered device designed to produce tanning of the skin by the emission of artificial ultraviolet radiation; and

"sunbed premises" means premises in which persons are permitted to use a sunbed for payment.

(3) For the purposes of this section, sub-paragraphs (1) and (2) of paragraph 5 of Schedule 1 to this Act do not apply; instead, where an application for the grant or renewal of a sunbed premises licence has been made to a licensing authority, they shall, in accordance with subsections (4) and (5) below and the remaining provisions of that paragraph—

(a) grant or renew the licence subject to conditions; or

(b) refuse to grant or renew the licence.

(4) Every sunbed premises licence is subject to the following conditions—

(a) persons under 18 are prohibited from using a sunbed on the sunbed premises to which the licence relates;

(b) persons are prohibited from using a sunbed without supervision on the sunbed premises to which the licence relates;

(c) the operator of the sunbed premises to which the licence relates shall—

(i) provide to any person who proposes to use a sunbed on those premises, on each occasion on which that person proposes to use a sunbed on those premises, such information regarding the effects on health of sunbed use as may be prescribed in accordance with subsection (6); and

(ii) display a notice containing such information as may be prescribed in accordance with subsection (6) in a position where it is readily visible to persons proposing to use a sunbed on those premises.

(5) The Scottish Ministers may by regulations prescribe further conditions as conditions which a licensing authority may, at the authority’s discretion, impose on the granting or renewal of a sunbed premises licence.

(6) The Scottish Ministers may by regulations prescribe—

(a) the information which is to be—

(i) provided under subsection (4)(c)(i);

(ii) contained in the notice mentioned in subsection (4)(c)(ii);

(b) the form and manner in which—

(i) the information mentioned in subsection (4)(c)(i) is to be provided,

(ii) the notice mentioned in subsection (4)(c)(ii) is to be displayed.

(7) Regulations under subsection (5) or (6) are to be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of the Scottish Parliament.".>

Section 90

Helen Eadie

203 Leave out section 90

Section 102

Jamie Stone

204 In section 102, page 64, line 15, after <under> insert—

<( ) section 25(3) which modify an Act of Parliament or Act of the Scottish Parliament; or

( )>

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