Back to the Scottish Parliament Business Bulletin No. 72/2008: Tuesday 6 May 2008
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Section G – Bills

New amendments to Bills lodged on 2 May 2008

Public Health etc. (Scotland) Bill – Stage 2

Section 89

Shona Robison

205 In section 89, page 57, line 5, leave out from <implementing> to end of line 7 and insert—

<( ) giving effect to—

(i) the International Health Regulations;

(ii) any other international agreements relating to the spread of infectious disease or contamination,

so far as they have effect in or as regards Scotland;

( ) protecting public health from risks arising from vehicles—

(i) arriving in Scotland;

(ii ) leaving Scotland.>

Shona Robison

206 In section 89, page 57, line 8, leave out <Provision> and insert <Regulations>

Shona Robison

207 In section 89, page 57, line 8, at end insert <make provision>

Shona Robison

208 In section 89, page 57, line 8, at end insert—

<( ) for persons to be—

(i) medically examined;

(ii) quarantined;

(iii) detained;

( ) for persons to be required to provide information or answer questions (including information or questions relating to health);

( ) for vehicles to be detained;

( ) for prohibitions or restrictions on—

(i) the entry and departure of persons or things;

(ii) the arrival and leaving of vehicles;

( ) for things to be—

(i) inspected;

(ii) tested;

(iii) detained;

(iv) destroyed;

( ) for persons, vehicles or things to be—

(i) disinfected;

(ii) disinfested;

(iii) decontaminated;

( ) for the imposition of obligations on—

(i) masters of ships;

(ii) pilots of aircraft;

(iii) other persons on board vehicles;

(iv) owners and managers of ports and airports;>

Shona Robison

209 In section 89, page 57, line 9, leave out <confer> and insert <conferring>

Shona Robison

210 In section 89, page 57, line 10, after <on> insert <the>

Shona Robison

211 In section 89, page 57, line 12, leave out <create> and insert <creating>

Shona Robison

212 In section 89, page 57, line 13, leave out <permit> and insert <permitting>

Shona Robison

213 In section 89, page 57, line 22, leave out <5> and insert <2>

Shona Robison

214 In section 89, page 57, line 26, at end insert <and includes a recommendation issued under those Regulations>

Section 98

Shona Robison

215 In section 98, page 62, line 16, leave out subsection (1)

Shona Robison

216 In section 98, page 62, line 19, leave out <under subsection (1)> and insert <held by it>

Shona Robison

217 In section 98, page 62, line 23, leave out <under subsection (1)> and insert <held by it>

Shona Robison

218 In section 98, page 62, line 25, at end insert—

<(3A) An employee of the relevant authority authorised by it to make the disclosure or any other person so authorised may disclose information under subsection (2) or (3).

(3B) Information may be disclosed—

(a) in the case of disclosure under subsection (2), to any employee of the other relevant authority authorised by it to receive the information or to any other person so authorised;

(b) in the case of disclosure under subsection (3), to any employee of the other person authorised by that other person to receive the information or to any other person so authorised.

(3C) Information may be disclosed under subsection (2) or (3) despite any prohibition or restriction on such disclosure imposed by or under any enactment or rule of law.

(3D) But subsection (3C) does not affect the application of the Data Protection Act 1998 (c.29) to disclosure of information under subsection (2) or (3).>

Shona Robison

219 In section 98, page 62, line 27, leave out <subsection (1)> and insert <this section>

Shona Robison

220 In section 98, page 62, line 28, leave out subsections (5) and (6)

Shona Robison

221 In section 98, page 63, line 2, at end insert—

<( ) Regulations under subsection (8) may modify any enactment (including this Act).>

Section 101

Shona Robison

222 In section 101, page 64, line 3, leave out <5> and insert <2>

Section 102

Shona Robison

223 In section 102, page 64, line 12, at end insert—

<( ) The Scottish Ministers must, before making regulations under this Act, consult, in so far as it is reasonably practicable to do so, such persons as they consider appropriate.>

Shona Robison

224 In section 102, page 64, line 17, at end insert—

<(5) Subsection (4) does not apply to regulations made under section 89(1) if the Scottish Ministers consider that the regulations need to be made urgently.

(6) Where subsection (5) applies, the regulations (the “emergency regulations”)—

(a) must be laid before the Scottish Parliament; and

(b) cease to have effect at the expiry of the period of 28 days beginning with the date on which the regulations were made unless, before the expiry of that period, the regulations have been approved by a resolution of the Parliament.

(7) Subsection (6)(b) does not apply in relation to regulations which—

(a) revoke (in whole or in part) emergency regulations; and

(b) do—

(i) nothing else; or

(ii) nothing else except make provision incidental or supplementary to the revocation.

(8) In calculating any period of 28 days for the purposes of subsection (6)(b), no account is to be taken of any period during which the Scottish Parliament is—

(a) dissolved; or

(b) in recess for more than 4 days.

(9) Where emergency regulations cease to have effect under subsection (6)(b), that does not—

(a) affect anything previously done by reference to the regulations;

(b) prevent new emergency regulations being made to the same or similar effect.>

Section 107

Shona Robison

225 In section 107, page 66, line 8, leave out subsections (5) and (6)

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