Document 1225
Scottish Parliament: Business Bulletin 1/2003
Author(s): Scottish Parliamentary Corporate Body
Copyright holder(s): Scottish Parliamentary Corporate Body: © Scottish Parliamentary copyright material is reproduced with the permission of the Queen's Printer for Scotland on behalf of the Scottish Parliamentary Corporate Body.
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Business Bulletin No. 1/2003
Monday 6 January 2003
Contents
Section B : Business Programme
Section C : Agendas of Committee Meetings
Section E : Written questions lodged from 20 December 2002 to 3 January 2003
Section F : Motions and Amendments
Section G : Bills: Notices and Amendments
Section H : New Documents
Section J : Parliamentary Bureau: Note of Decisions
Section K : Progress of Parliamentary Business
Business Bulletin No. 1/2003
Monday 6 January 2003
Section B : Business Programme
As agreed by the Parliament on 18 December 2002
Wednesday 8 January 2003
2:30 pm Time for Reflection - Right Reverend Neville Chamberlain, Bishop of Brechin, Scottish Episcopal Church
followed by Parliamentary Bureau Motions
followed by Stage 3 of Local Government in Scotland Bill (for text of motion see S1M-3562 in Section F)
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business - debate on the subject of S1M-2874 Bristow Muldoon: Drugs and Driving (for text of motion see S1M-2874 in Section F)
Thursday 9 January 2003
9:30 am Debate on the draft Scottish Parliament (Disqualification) Order 2003
followed by Stage 1 Debate on the Council of the Law Society of Scotland Bill
followed by Preliminary Stage Debate on Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill (for text of motion see S1M-3728 in Section F)
followed by Business Motion
2:30 pm Question Time
3:10 pm First Minister's Question Time
3:30 pm Executive Debate on the Review of Child Protection
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business - debate on the subject of S1M-3485 Mr Keith Harding: Breast Cancer Awareness (for text of motion see S1M-3485 in Section F)
Wednesday 15 January 2003
2:30 pm Time for Reflection
followed by Parliamentary Bureau Motions
followed by Stage 1 Debate on Commissioner for Children and Young People (Scotland) Bill
followed by Transport and the Environment Committee Debate on its 15th Report 2002 on Inquiry into the Rail Industry in Scotland
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business
Thursday 16 January 2003
9:30 am Scottish National Party Business
followed by Business Motion
2:30 pm Question Time
3:10 pm First Minister's Question Time
3:30 pm Stage 1 Debate on Dog Fouling (Scotland) Bill
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business
Business Bulletin No. 1/2003
Monday 6 January 2003
Section C : Agendas of Committee Meetings
Procedures Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 9.30 am in Committee Room 4
1. Consultative Steering Group Inquiry: The Committee will consider draft report text and members' papers.
Subordinate Legislation Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 11.15 am in Committee Room 3
1. Delegated powers scrutiny: The Committee will consider the delegated powers provisions in the following Bill-
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill at Stage 1.
2. Delegated powers scrutiny: The Committee will consider the response from the Scottish Executive to points raised on the following Bill-
Local Government in Scotland Bill as amended at Stage 2.
3. Instruments subject to annulment: The Committee will consider the following-
The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Amendment Regulations 2002, (SSI 2002/547)
The Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2002, (SSI 2002/548)
The School Crossing Patrol Sign (Scotland) Regulations 2002, (SSI 2002/549)
The Air Quality Limit Values (Scotland) Amendment Regulations 2002, (SSI 2002/556)
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002, (SSI 2002/564)
The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002, (SSI 2002/565)
Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002, (SSI 2002/567)
Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002, (SSI 2002/568).
4. Instruments not subject to Parliamentary control: The Committee will consider the following-
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.4) (Scotland) Order 2002 Revocation Order 2002, (SSI 2002/550)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.6) (Scotland) Partial Revocation Order 2002, (SSI 2002/551)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.12) (Scotland) Partial Revocation Order 2002, (SSI 2002/552)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.14) (Scotland) Partial Revocation Order 2002, (SSI 2002/553)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.3) (Scotland) Partial Revocation Order 2002, (SSI 2002/558).
5. Instruments not laid before the Parliament: The Committee will consider the following-
Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002, (SSI 2002/560)
The Adoption (Intercountry Aspects) Act 1999 (Commencement No.7) (Scotland) Order 2002, (SSI 2002/562)
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No.5) (Proceeds of Crime Act 2002) 2002, (SSI 2002/563)
Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002, (SSI 2002/566).
Audit Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in Committee Room 2
1. Items in private: The Committee will consider whether to take agenda items 5, 6 and 7 in private.
2. Overview of Further Education Colleges in Scotland 2000/01: The Committee will consider a response from the Scottish Executive to its report entitled 'Overview of Further Education Colleges in Scotland 2000/01' (SP Paper 657).
3. Overview of the 2001/02 Water Authority Audits: The Committee will consider the report by the Auditor General for Scotland entitled 'Overview of the 2001/02 Water Authority Audits (AGS/2002/7).
4. Planning Ward Nursing: Legacy or Design: The Committee will receive a briefing from the Auditor General for Scotland on his report entitled 'Planning Ward Nursing: Legacy or Design' (AGS/20021/9).
5. Dealing with Offending by Young People: The Committee will consider arrangements for its forthcoming inquiry into the report by the Auditor General for Scotland entitled 'Dealing with Offending by Young People' (AGS/2002/8).
6. Measuring Up: A Follow Up Report on Performance Measurement in the Scottish Environment Protection Agency: The Committee will consider a draft report on its inquiry into the report by the Auditor General for Scotland entitled 'Measuring Up: A Follow Up Report on Performance Measurement in the Scottish Environment Protection Agency' (AGS/2002/5).
7. How Government Works in Scotland: The Committee will consider a draft report on its inquiry into the report by the Auditor General for Scotland entitled 'How Government Works in Scotland' (AGS/2002/6).
Education, Culture and Sport Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in Committee Room 1
1. Gaelic Language (Scotland) Bill: The Committee will take evidence on the general principles of the Bill at Stage 1 from-
C'llr Allan Beaton, Chairman, Gaelic Working Group, Highland Council
C'llr Andrew Anderson, Chairman, Education, Culture and Sport Committee, Highland Council
Bruce Robertson, Director, Education, Culture and Sport Service, Highland Council
C'llr Michael Foxley, Highland Council
Morag Anna MacLeod, Gaelic Development Officer, Highland Council
C'llr Helen Law (Fife Council), Education Spokesperson, COSLA
C'llr Eric Gotts (East Dunbartonshire Council), COSLA
Dr Wilson McLeod
Dr Rob Dunbar
Peadar Morgan, Clì, Na Gaidheil Ùra (The New Gaels)
Jim Tough, Head of Strategic Development, Scottish Arts Council.
2. Petition PE427: The Committee will consider correspondence from Learning and Teaching Scotland.
Local Government Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in the Chamber, Assembly Hall, the Mound, Edinburgh
1. Item in private: The Committee will consider whether to take item 4 in private.
2. Subordinate legislation: The Committee will consider the following negative instruments-
The Scottish Local Government Elections Amendment Rules 2002, (SSI 2002/522)
The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Amendment Regulations 2002, (SSI 2002/521).
3. Prostitution Tolerance Zones (Scotland) Bill: The Committee will take evidence on the general principles of the Bill at Stage 1 from-
Ruth Morgan Thomas, Project Manager, Scot-Pep;
George Lewis, Co-chair, Scot-Pep;
Senga MacDonald, Manager, Drugs Action (Aberdeen);
Jan Macleod, Development Worker, Women's Support Project;
Liz Curran, Partnership Manager, Routes Out of Prostitution;
Anne-Marie Manning, Project Manager, Base 75;
Councillor Yvonne Allan, Convener, Resources Management Committee, Aberdeen City Council;
Councillor Len Ironside, Convener, Policy and Strategy Committee, Aberdeen City Council.
4. Prostitution Tolerance Zones (Scotland) Bill: The Committee will further consider its approach to the Bill at Stage 1.
Rural Development Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in Committee Room 3
1. Subordinate legislation: The Committee will consider the following instrument under the negative procedure-
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002, (SSI 2002/564).
The Committee will take evidence from the Minister for Environment and Rural Development, Ross Finnie MSP.
2. Agricultural Holdings (Scotland) Bill: The Committee will consider motion S1M-3732 in the name of Ross Finnie MSP-
That the Rural Development Committee considers the Agricultural Holdings (Scotland) Bill at Stage 2 in the following order: Part 1, Parts 3 to 5, Part 7, Part 6, Part 2, Part 8, the schedule.
3. Organic Farming Targets (Scotland) Bill (in private): The Committee will consider a draft Stage 1 report.
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 3.00 pm in Committee Room 4
1. Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill: The Committee will consider the Bill at Stage l.
Health and Community Care Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 9.30 am in Committee Room 1
1. Items in private: The Committee will consider whether to take items 4 and 5 in private.
2. Subordinate legislation: The Committee will consider the following affirmative instrument-
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002, (SSI 2002/544).
3. Mental Health (Scotland) Bill (Day 1): The Committee will consider the Bill at Stage 2.
4. Witness expenses: The Committee will consider two claims under the witness expenses scheme.
5. Inquiry into GM Crops: The Committee will consider a draft Report.
Transport and the Environment Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 9.30 am in the Chamber
1. Items in private: The Committee will consider whether to take agenda item 7 in private.
2. Building (Scotland) Bill: The Committee will consider the Bill at Stage 2 (Day 2).
3. Subordinate legislation: The Committee will consider the following negative instruments-
The Smoke Control Areas (Authorised Fuels) (Scotland) Amendment Regulations 2002 (SSI, 2002/527)
The Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 (SSI, 2002/538).
4. Subordinate legislation: The Committee will consider the following affirmative instrument-
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (draft).
5. Public Petitions: The Committee will consider the following petitions-
PE 346 and PE 369. The Committee will consider a letter from the Minister for Health and Community Care in response to correspondence from the Committee relating to petition PE 346 by Scotland Opposing Opencast and petition PE 369 by the Confederation of UK Coal Producers.
PE 422, PE 430 and PE 454. The Committee will consider letters from CoSLA and Sportscotland in response to correspondence from the Committee on issues relating to petitions PE 422 by Mr James Docherty on protection for school playing fields, PE 430 by Mrs M Glendinning on the sale of school playing fields and PE 454 by Mr Peter Watson on the sale of playing fields.
PE 425 by Mrs Anne-Marie Glashan on planning procedures for telecommunications developments.
PE 508 by Mr Philip Graves on the implementation of Environmental Impact Assessments and PAN 58 guidelines.
PE 517 by Mr Rob Kirkwood on environmental and planning issues relating to water treatment plants.
6. Rail Inquiry: The Committee will consider a motion for the proposed debate at a meeting of the Parliament on the Committee's report on the rail industry in Scotland.
7. Telecommunications Developments: The Committee will consider a paper from the Parliament's Information Centre on a possible approach to the Committee's examination of developments following the publication of its report into telecommunications developments in 2001.
Justice 2 Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 9.45 am in Committee Room 2
1. Crown Office and Procurator Fiscal Service Inquiry (in private): The Committee will consider a draft report.
2. Committee work programme: The Committee will consider its forward programme.
Enterprise and Lifelong Learning Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 10.00 am in Committee Room 3
1. Inquiry into Tourism (in private): The Committee will consider a draft report.
Finance Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 1.00 pm in Committee Room 4
1. Commissioner for Children and Young People (Scotland) Bill (in private): The Committee will consider a draft report.
National Galleries of Scotland Bill Committee
9 January 2003
1st Meeting, 2003
The Committee will meet at 1.30 pm in Committee Room 4
1. Declaration of interests: Members of the committee will be invited to declare any relevant interests.
2. Choice of Convener: The Committee will choose a Convener.
3. Deputy Convener: The Committee will choose a Deputy Convener.
4. Items in private: The Committee will consider whether to take item 5 in private.
5. National Galleries of Scotland Bill: The Committee will consider papers from the clerk to the approach to the Preliminary Stage of the Bill.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section E : Written questions lodged from 20 December 2002 to 3 January 2003
Questions marked with a triangle (Δ) are initiated by the Scottish Executive in order to facilitate the provision of information to the Parliament.
S1W-32819 Lord James Douglas-Hamilton: To ask the Scottish Executive whether it holds any information on the (a) percentage and (b) number of firefighters that have additional jobs.
S1W-32822 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-31487 by Mr Jim Wallace on 22 November 2002 and document Bib. number 25002, what the nature was of the incident of failure to comply with agreed reporting procedures in quarter 1 of performance year 4 of the operation of HM Prison Kilmarnock.
S1W-32823 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-31487 and document Bib. number 25002, what the nature was of the incidents of concerted indiscipline in quarter 1 and quarter 2 of performance year 4 of the operation of HM Prison Kilmarnock.
S1W-32824 Mr Kenneth Gibson: To ask the Scottish Executive how long, on average, multiple sclerosis sufferers wait for an assessment for beta interferon, broken down by NHS board area.
S1W-32825 Mr Kenneth Gibson: To ask the Scottish Executive how many sufferers of multiple sclerosis are currently waiting for an assessment for beta interferon, broken down by NHS board area.
S1W-32826 Fergus Ewing: To ask the Scottish Executive, further to the answer to question S10-2748 by Mr Tom McCabe on 11 January 2001, whether it is still its position that there is no need to make representations to Her Majesty's Government regarding disciplinary action against the Permanent Secretary in relation to any adverse impact of his actions on the Holyrood project.
S1W-32827 Fergus Ewing: To ask the Scottish Executive whether the cost of the Holyrood project will continue to be met from the Scottish block grant; what steps it can take, or is taking, to minimise or control the impact of the allocation of that expenditure; whether it intends to appoint a member to the Holyrood Progress Group, and whether it intends to take any further steps to secure the protection of the public interest in respect of the allocation of expenditure to the project.
S1W-32828 Fergus Ewing: To ask the Scottish Executive, further to the answer to question S1W-24133 by Dr Elaine Murray on 28 March 2002, whether the annual Scottish Award for the best publicly-funded building will be awarded in 2003; if so, what consultation there will be regarding the award and the process to be followed in relation to it, and whether buildings constructed under private finance initiatives and public private partnership schemes will be eligible for consideration for the award.
S1W-32829 Robin Harper: To ask the Scottish Executive whether the contribution of lifelong learning to achieving sustainable development will be included in its final lifelong learning strategy to be produced early next year.
S1W-32830 Mary Scanlon: To ask the Scottish Executive whether all NHS staff will be able to access family-friendly policies, as referred to on page 53 of Recording Our Achievements, as part of their work environment and employment contract.
S1W-32831 Mary Scanlon: To ask the Scottish Executive whether it will detail the reduction in bureaucracy achieved by streamlining NHS boards, as referred to on page 54 of Recording Our Achievements, and what the subsequent financial savings were.
S1W-32832 Mary Scanlon: To ask the Scottish Executive what is being done to address cannabis-induced psychosis.
S1W-32833 Mary Scanlon: To ask the Scottish Executive how it is measuring the impact that the 44 healthy living centres are having on health improvements in areas of poverty and deprivation.
S1W-32834 Mary Scanlon: To ask the Scottish Executive whether the establishment of the Health Technology Board for Scotland, as referred to on page 52 of Recording Our Achievements, has achieved the end of 'postcode prescribing'.
S1W-32835 Mary Scanlon: To ask the Scottish Executive when the instant appointments system, as referred to on page 52 of Recording Our Achievements, will be achieved.
S1W-32836 Mary Scanlon: To ask the Scottish Executive what the average cost to the NHS is of an (a) homeopathic, (b) generic and (c) branded prescription.
S1W-32837 Mary Scanlon: To ask the Scottish Executive how many statutory registered health professionals currently practice homeopathy.
S1W-32838 Mary Scanlon: To ask the Scottish Executive what fee is payable to (a) GPs, (b) hospital doctors, (c) pharmacists, (c) dentists, (d) nurses and (e) veterinary surgeons for carrying out a homeopathic treatment.
S1W-32839 Mary Scanlon: To ask the Scottish Executive how many health professionals have received training in homeopathy as part of continuous professional development programmes in each of the last five years.
S1W-32840 Mary Scanlon: To ask the Scottish Executive whether NHS patients can be referred to a chiropractor and whether any chiropractors are employed by the NHS.
S1W-32841 Alex Neil: To ask the Scottish Executive whether it will provide a breakdown of the internal organisation of its Enterprise and Lifelong Learning Department, detailing the specific roles of divisions within the department.
S1W-32842 Miss Annabel Goldie: To ask the Scottish Executive what the council tax collected was as a percentage of council tax due in each local authority in 2001-02.
S1W-32843 David Mundell: To ask the Scottish Executive what the definition of "capacity" is under the Education (Publication and Consultation etc.) (Scotland) Regulations 1981 which states "proposals must also be submitted to Scottish Ministers if the school concerned has attendance which is greater than 80% of its capacity."
S1W-32844 Mary Scanlon: To ask the Scottish Executive why NHS 24, free personal care and the Care Commission are mentioned twice as both targets and achievements on pages 52, 54 and 55 of Recording Our Achievements.
S1W-32845 Mary Scanlon: To ask the Scottish Executive how poverty and deprivation in rural communities has been measured and ameliorated by the allocation of funds through the Arbuthnott formula.
S1W-32846 Mary Scanlon: To ask the Scottish Executive whether any market research has been carried out to measure what percentage of the public are in favour of complementary medicine being made widely available on the NHS since the MORI poll in 1989, showing 74% of the public as in favour.
S1W-32847 Mary Scanlon: To ask the Scottish Executive what evidence exists on the clinical- and cost-effectiveness of complementary medicine.
S1W-32848 Andrew Wilson: To ask the Scottish Executive how many students successfully completed a higher education course solely at a higher education institution in each year since 1990.
S1W-32849 Andrew Wilson: To ask the Scottish Executive how many students successfully completed a higher education course solely at a further education institution in each year since 1990.
S1W-32850 Nora Radcliffe: To ask the Scottish Executive how many licenses have been applied for by fisheries boards to cull piscivorous birds in each of the last five years; how many applications for such licenses were approved, and how many birds were shot under each licence, broken down by species.
S1W-32851 Nora Radcliffe: To ask the Scottish Executive whether Scottish Natural Heritage and other wildlife experts are consulted before licences to kill piscivorous birds are issued; on how many occasions licences have been issued against the advice arising from any such consultation in each of the last three years, and whether the scientific grounds for overriding the advice on any such occasions will be published.
S1W-32852 Nora Radcliffe: To ask the Scottish Executive whether it will publish any scientific evidence it has that shows that killing mergansers and goosanders on rivers has resulted in an increase in migratory fish stocks and in what rivers stocks have so increased.
S1W-32853 Rhona Brankin: To ask the Presiding Officer what the total cost is of the building and facilities that are being provided for the press and media in Holyrood; whether any contribution is being made by media companies towards that capital cost, and whether the Scottish Parliamentary Corporate Body has any plans to charge commercial rents for space in the building.
S1W-32854 Rhona Brankin: To ask the Scottish Executive what role is envisaged for artists and performers in fostering creativity within education.
S1W-32855 Rhona Brankin: To ask the Scottish Executive what cross-cutting policy development is taking place to foster creativity in young people.
S1W-32856 Rhona Brankin: To ask the Scottish Executive how many cultural co-ordinators are in place in schools.
S1W-32857 Rhona Brankin: To ask the Scottish Executive what steps are being taken to encourage creativity in education.
S1W-32858 Irene McGugan: To ask the Scottish Executive what responsibilities it has to take forward the United Nations recommendations following the publication of the concluding observations on Her Majesty's Government's second report produced by the UN Committee on the Rights of the Child.
S1W-32859 Irene McGugan: To ask the Scottish Executive what plans it has to address the issue of corporal punishment following the publication of the concluding observations on Her Majesty's Government's second report produced by the United Nations Committee on the Rights of the Child.
S1W-32860 Irene McGugan: To ask the Scottish Executive what action is being taken as a result of the publication of the concluding observations on Her Majesty's Government's second report produced by the UN Committee on the Rights of the Child and, in particular, to ensure that there is an immediate public information campaign on positive, non-violent discipline.
S1W-32861 Fergus Ewing: To ask the Presiding Officer, further to his answer to question S1W-32000 on 10 December 2002, what the names were of those present at the meeting on 4 September 2001 with Bovis Lend Lease (Scotland) Ltd and representatives of Flour City International Inc. and Flour City Architectural Metals (UK) Ltd, whether there were any other meetings with these bodies other than that which took place on 4 September 2001 and, if so, on what date or dates such meetings took place and who attended.
S1W-32862 Fergus Ewing: To ask the Presiding Officer, further to his answer to question S1W-32047 on 11 December 2002, whether the Scottish Parliamentary Corporate Body has yet seen the contents of the quarterly accounts of Flour City International Inc. for the quarter to 31 July 2002; whether these accounts have been seen by the Holyrood Projects' construction managers, and, if so, when they first became aware of the contents.
S1W-32863 Michael Matheson: To ask the Scottish Executive how many abortions have been performed since 1967 under the provisions of the Abortion Act 1967 and how many of these have been performed in order to save the life of the pregnant women under section 1(1) of the act, expressed also in percentage of the total number of abortions.
S1W-32864 Scott Barrie: To ask the Scottish Executive how many assaults on (a) police officers, (b) firefighters and (c) ambulance personnel were reported in each police force area in each year since 1999; how many such assaults resulted in a (i) prosecution and (ii) conviction, and, where a conviction was secured, what the mean (1) level of fine and (2) length of custodial sentence imposed was.
S1W-32865 Scott Barrie: To ask the Scottish Executive how many firearms licences were granted for the purpose of gamekeeping in each year since 1999.
S1W-32866 Scott Barrie: To ask the Scottish Executive how many firearms licences have been removed from gamekeepers in each year since 1999.
S1W-32867 Scott Barrie: To ask the Scottish Executive how many gamekeepers have been convicted of an offence in relation to the possession of unlicensed firearms in each year since 1999.
S1W-32868 Scott Barrie: To ask the Scottish Executive whether the written evidence on the Criminal Justice (Scotland) Bill given by the Scottish Gamekeepers' Association (SGA) to the Justice 2 Committee for its meeting on 3 December 2002 that many SGA members do not bother to apply for firearms licences has been referred to the police for investigation.
S1W-32869 Scott Barrie: To ask the Scottish Executive how many witnesses below 10-years-old appeared in (a) sheriff courts and (b) the High Court in 2001.
S1W-32870 Alex Johnstone: To ask the Scottish Executive what the (a) projected and (b) actual spending on advertising has been by each of its departments in each year since 1999.
S1W-32871 Stewart Stevenson: To ask the Scottish Executive whether the formula used to determine the funding of fire brigades relies too heavily on statistics derived from FBRI forms completed after fires, given that these forms do not indicate the fire service's wider workload in terms of attending road accidents, floods and other incidents.
S1W-32872 Robin Harper: To ask the Scottish Executive whether there is a national fire safety strategy that includes the aim of reducing the incidence and severity of fires and, if not, whether it intends to develop such a strategy.
S1W-32873 Mr Kenny MacAskill: To ask the Scottish Executive whether it will ensure that there is site sharing in respect of the roll-out of telephone masts for the O2 Airwave service.
S1W-32874 Mr Kenny MacAskill: To ask the Scottish Executive how many telephone mast applications by mobile phone operators were (a) made, (b) granted, (c) refused, (d) granted on appeal and (e) refused on the grounds of health and safety and what the average time was for an application to be processed in each year since 1999, broken down by local authority area.
S1W-32875 Mr Duncan McNeil: To ask the Scottish Executive what the cost was of the maintenance, repair and refit of the fisheries protection fleet in (a) 1999-2000 and (b) 2000-01.
S1W-32876 Mr Duncan McNeil: To ask the Scottish Executive what the cost will be of the maintenance, repair and refit of the fisheries protection fleet in (a) 2002-03, (b) 2003-04, (c) 2004-05 and (d) 2005-06.
S1W-32877 Irene McGugan: To ask the Scottish Executive what action it is taking in the light of the publication of the Concluding Observations on Her Majesty's Government's second report produced by the UN Committee on the Rights of the Child and what plans it has to seek a debate in the Parliament on this issue.
S1W-32878 Michael Matheson: To ask the Scottish Executive whether the definition of a persistent young offender in National Standards for Scotland's Youth Justice Services supersedes the definition contained in Spending Proposals 2003-06 - Technical Notes.
S1W-32879 Michael Russell: To ask the Scottish Executive what the total catch of salmon was in 2002, broken down by area and type of fishery.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section F : Motions and Amendments
A full list of outstanding motions is available to view each Monday in paper copy at the Chamber Desk or alternatively on the Scottish Parliament web site as Outstanding Motions. The full text of all motions lodged the previous week will appear in the Business Bulletin the following Monday.
Items marked with an asterisk (*) are new or have been altered. Asterisks in the text show the extent of alterations made.
Motions which members wish to be considered for debate as members' business in the Parliament are marked with a hash symbol (#)
*S1M-3740 Malcolm Chisholm: The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002 -That the Health and Community Care Committee, in consideration of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002, recommends that the Order be approved.
Supported by: Mr Frank McAveety*, Mrs Mary Mulligan*
*S1M-3739 Mr Jim Wallace: The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003-That the Justice 1 Committee, in consideration of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003, recommends that the Order be approved.
Supported by: Hugh Henry*
*S1M-3738 Mrs Lyndsay McIntosh: Fame Academy-That the Parliament congratulates David Sneddon on winning BBC's Fame Academy and wishes him every success in his future singing and songwriting career.
*S1M-3737 Pauline McNeill: Noise Pollution-That the Parliament notes the increasing number of complaints of domestic, industrial and street noise; notes the noise impact of the increasing popularity of wooden and laminate flooring in tenement dwellings reducing noise insulation of which many people are not aware; recognises the need for tighter regulation over particular noise pollution such as construction works in residential areas and the rules generally allowing all types of activity seven days a week until 1am with few restrictions; believes that there should be one clear day in the week free from construction noise in residential areas, and considers that there is a need for either new legislation or more restrictive hours applied to certain types of activity with respect to the relevant sections of the Civic Government (Scotland) Act 1982.
*S1M-3736 Pauline McNeill: Glasgow City Centre Policing-That the Parliament notes the extraordinary level of activity in Glasgow City Centre day and night and the intensive policing required of the ever-increasing night economy, particularly of young people attracted to the under-18s clubs; notes that there are approximately 36,000 people in Glasgow city centre four nights each week; notes that Glasgow has the highest level of shoppers in Scotland, being second only to London for UK shopping; notes the increasing occurrence of retail crime and public order disputes in Glasgow; notes that Glasgow has the highest proportion of licensed pubs and clubs outside London; notes the disproportionate responsibility on the city centre police force for maintaining public order in Glasgow city centre which is not recognised as unique in relation to resources allocated through the police funding formula, and considers that there is a case for revisiting the funding formula to provide greater resources for Strathclyde Police Division A.
*S1M-3735 Tavish Scott: Scotland's Fishing Communities-That the Parliament notes the shameful back-door dealing carried out by the European Commission during the meeting of the EU Fisheries Council in Brussels which demonstrated the double standards applied by the Commission when applying scientific arguments; commends the Scottish Executive and the Scottish fisheries industry for speedily convening a meeting to discuss financial packages to sustain the Scottish fishing industry and fishing communities; calls on all concerned with the future of Scotland's fishing communities to support these constructive negotiations, and further calls on the Scottish Executive to seek funding from the EU for the financial package that will be required because of the targeting of the Scottish industry by the European Commission.
Supported by: Robert Brown*, Iain Smith*, Mr Jamie McGrigor*, Jackie Baillie*, Margaret Jamieson*, Ian Jenkins*, Nora Radcliffe*
*S1M-3734 Robin Harper: UK Support for the Baku-Ceyhan Oil Pipeline-That the Parliament notes that public funding is being provided for the proposed Baku-Tbilisi-Ceyhan oil pipeline from Azerbaijan, through Georgia and Turkey, which is due to be constructed by a BP led consortium; is gravely concerned about the serious impacts the pipeline will have on the global environment by transporting the oil equivalent of nearly 30% of the UK's yearly carbon dioxide output; is further concerned about the impacts of the pipeline on the local environment, on regional tensions and on local populations in its immediate vicinity, and calls on Her Majesty's Government and directors in multilateral development banks to vote against providing funding for the project. R
*S1M-3733 Robin Harper: Christmas Card Recycling-That the Parliament notes that if every MSP sent every other MSP a Christmas card, over 16,000 cards would be received; therefore welcomes the scheme to recycle Christmas cards whereby between 6 January and 2 February 2003 Christmas cards can be taken to all WH Smith and TESCO stores for recycling, and notes that the funds raised by the scheme will help the Woodland Trust, a leading woodland conservation charity, to create and care for new native woodland in Scotland.
*S1M-3732 Ross Finnie: Agricultural Holdings (Scotland) Bill - Order of Consideration at Stage 2-That the Rural Development Committee consider the Agricultural Holdings (Scotland) Bill at stage 2 in the following order: Part 1, Parts 3 to 5, Part 7, Part 6, Part 2, Part 8, the schedule.
*S1M-3728 Mr Tom McCabe: Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill-That the Parliament agrees to the general principles of the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill and that the bill should proceed as a private bill.
S1M-3726# Falkirk Community Stadium Project (lodged on 18 December 2002) Dennis Canavan*, Donald Gorrie*
S1M-3725# War with Iraq (lodged on 18 December 2002) Dorothy-Grace Elder*, Donald Gorrie*
S1M-3723# Ethical Investment (lodged on 18 December 2002) Donald Gorrie*
S1M-3717# Dialogues Project (lodged on 17 December 2002) Donald Gorrie*
S1M-3715# Theatre in Scotland (lodged on 17 December 2002) Mr Kenneth Gibson*, Michael Russell*, Irene McGugan*, Donald Gorrie*, Mr Jamie McGrigor*
S1M-3712 Scotland's Fishing Communities (lodged on 16 December 2002) Donald Gorrie*
S1M-3710# Digital Hearing Aids (lodged on 13 December 2002) Brian Adam*, John Scott*
S1M-3688# General Agreement on Trade in Services (lodged on 6 December 2002) Dorothy-Grace Elder*
S1M-3679# Private Rented Housing Sector (lodged on 3 December 2002) Brian Adam*
S1M-3674 Cairngorms National Park (lodged on 3 December 2002) Brian Adam*, Dorothy-Grace Elder*
S1M-3672 Act of Settlement (lodged on 3 December 2002) Brian Adam*
S1M-3664# Race Equality Training (lodged on 28 November 2002) Jackie Baillie*, Irene McGugan*, Dennis Canavan*
S1M-3662# European Union Year for Disabled People (lodged on 28 November 2002) Brian Adam*
S1M-3657 Trade for Life Action Pledge (lodged on 27 November 2002) Irene McGugan*
*S1M-3652 Mr Andy Kerr: Local Government in Scotland Bill - Stage 3-That the Parliament agrees that the Local Government in Scotland Bill be passed.
S1M-3623.1 Glasgow to Barra Air Link Public Service Obligation (lodged on 11 December 2002) John Farquhar Munro*
S1M-3518# End Debt on our Doorstep (lodged on 29 October 2002) Dorothy-Grace Elder*
S1M-3512 Leukaemia Research Fund Campaign (lodged on 29 October 2002) Dorothy-Grace Elder*
*S1M-3485# Mr Keith Harding: Breast Cancer Awareness-That the Parliament congratulates all the voluntary and research agencies involved for their efforts in highlighting Breast Cancer Awareness Month; recognises the importance of continuing research into the diagnosis and treatment of breast cancer, building upon major advances achieved over past decades; records its thanks to all the medical and ancillary staff involved for their unstinting kindness and support to patients and their families, and considers that the Scottish Executive should ensure that funding is made available for increasing awareness, research, providing treatment and support and all other aspects of breast cancer care.
*S1M-2874# Bristow Muldoon: Drugs and Driving-That the Parliament expresses concern about the number of lives lost in road traffic crashes that may have been caused by people driving whilst under the influence of legal and illegal drugs; recognises that, in law, driving while unfit through drugs is an offence; notes that Transport Research Laboratory tests demonstrated a significant increase between the 1980s and 1990s in the percentage of people testing positive for illegal drugs who have been involved in fatal collisions; welcomes the launch by the British Medical Association of its web resource on research that has been undertaken and is currently in progress; considers that there should be speedier and more specific and co-ordinated research in order that appropriate and conclusive drug testing devices can be introduced, and believes that there should be a Scottish campaign in order to educate the public that the side effects of illegal and certain prescribed drugs can affect their ability to drive.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section G: Bills: Notices and Amendments
New amendments to Bills lodged on 20 December 2002
Building (Scotland) Bill - Stage 2
Section 26
Des McNulty
88 In section 26, page 18, line 18, leave out subsection (2)
Des McNulty
89 In section 26, page 18, line 39, leave out subsection (7)
Des McNulty
90 In section 26, page 19, line 9, leave out subsection (10)
Schedule 3
Des McNulty
91 In schedule 3, page 35, line 18, leave out from <26(2)> to end of line 24 and insert <(Evacuation of buildings) to do so.>
Des McNulty
92 In schedule 3, page 35, leave out lines 26 to 28 and insert-
<(a) where the requirement was made under subsection (1) or (2) of section (Evacuation of buildings), at any time,
(b) where the requirement was made under subsection (3) or (4) of that section, on the expiry of the period specified in the requirement,>
Des McNulty
93 In schedule 3, page 35, leave out line 32
Des McNulty
94 In schedule 3, page 35, line 33, leave out <(2) of section 26> and insert <(1) of section (Evacuation of buildings)>
Des McNulty
95 In schedule 3, page 35, line 36, leave out <(7)(a)> and insert <(2)(a)>
Des McNulty
96 In schedule 3, page 35, line 37, at end insert-
<( ) where removal was required under subsection (2)(b) of that section, that the local authority intends to carry out work under section 26(3) or (4) and considers that the occupants may be endangered by the carrying out of the work,
( ) where removal was required under subsection (3) of that section, that the building is to be demolished in pursuance of a dangerous building notice,>
Des McNulty
97 In schedule 3, page 35, line 38, leave out <(7)(b)> and insert <(4)>
Des McNulty
98 In schedule 3, page 35, line 39, leave out <subsection (3) or (4) of that section and> and insert <a provision specified in paragraph (a) of that subsection and considers that>
Des McNulty
99 In schedule 3, page 36, leave out lines 1 to 3
Des McNulty
100 In schedule 3, page 36, line 4, leave out from second <the> to <notice)> in line 5 and insert-
<( ) in a case referred to in paragraph 3(a), the service of notice,
( ) in a case referred to in paragraph 3(b), the service of additional notice,>
Des McNulty
101 In schedule 3, page 36, line 12, leave out <paragraph 2> and insert <section (Evacuation of buildings)(5)>
Des McNulty
102 In schedule 3, page 36, line 16, leave out <removed> and insert <removing from a building in compliance with a requirement under section (Evacuation of buildings)>
Des McNulty
103 In schedule 3, page 36, line 16, leave out <section 26(2) or (7) or>
Section 34
Des McNulty
104 In section 34, page 23, line 9, at end insert-
<( ) Where a local authority serves on any person a notice under any of sections 22 to 26, it must-
(a) unless that person is the owner of the building in question, serve a copy of the notice on the owner,
(b) unless that person is the occupier, serve a copy of the notice on the occupier,
and must serve a copy of the notice on any other person appearing to the local authority to have an interest in the building.>
After section 38
Des McNulty
105 After section 38, insert-
<Evacuation of buildings
Evacuation of buildings
(1) Where a local authority considers that the occupants of a dangerous building or any adjacent building are endangered by the state of the dangerous building, the authority must require those occupants to remove immediately from the building in question.
(2) A local authority must require the occupants of a dangerous building to remove immediately from the building if-
(a) it intends to demolish the building under subsection (3) or (4) of section 26, or
(b) it intends to carry out other work under either of those subsections and considers that the occupants may be endangered by the carrying out of the work.
(3) A local authority must require the occupants of a dangerous building to remove from the building if the building is to be demolished in pursuance of a dangerous building notice.
(4) A local authority must require the occupants of a building to remove from the building if-
(a) it intends to carry out work under section 22(7)(b), 23(3)(b), 24(6)(b), 25(10)(b) or 27(4)(b), and
(b) the authority considers that the occupants may be endangered by the carrying out of the work.
(5) A requirement under subsection (3) or (4) must be made by notice in writing specifying-
(a) the reason for the requirement, and
(b) the period within which the occupants must remove from the building.
(6) Schedule 3 makes provision about the evacuation of buildings for the purposes of this section.>
Section 51
Des McNulty
106 In section 51, page 31, line 12, at end insert-
<"dangerous building" is to be construed in accordance with section 26(1),>
Local Government in Scotland Bill - Stage 3
Section 10
Mr Andy Kerr
5 In section 10, page 4, line 27, at end insert <or any regulations replacing those regulations, as from time to time amended>
Section 11
Mr Andy Kerr
6 In section 11, page 5, line 4, leave out <the words which follow paragraph (d)> and insert <paragraph (d) and the words which follow it>
Mr Andy Kerr
7 In section 11, page 6, line 35, leave out <or>
Mr Andy Kerr
8 In section 11, page 6, line 38, at end insert <or
(iii) in the case of the supply of goods and materials to another authority, where that supply is for the purpose of, or is incidental to the purpose of, enabling that other authority to supply property or, as the case may be, provide a service.">
Mr Andy Kerr
9 In section 11, page 6, line 40, leave out <definition of "public body" is> and insert <definitions of "public body" and "works of maintenance" are>
Mr Andy Kerr
10 In section 11, page 6, line 41, leave out <its> and insert <their>
Section 11A
Mr Andy Kerr
11 In section 11A, page 7, line 23, at end insert-
<( ) Those regulations may make different provision for different authorities or different classes of authority.>
Section 18
Mr Andy Kerr
12 In section 18, page 13, line 11, leave out <attributable>
Mr Andy Kerr
13 In section 18, page 13, line 14, leave out subsection (1B)
Section 19A
Mr Andy Kerr
14 In section 19A, page 15, line 9, leave out from <and> to end of line 11 and insert <; but no such order shall be made unless a draft of the instrument containing it has been approved by resolution of the Scottish Parliament.>
Section 23
Mr Andy Kerr
15 In section 23, page 16, line 32, leave out subsections (5A) and (5B)
Mr Andy Kerr
16 In section 23, page 17, line 9, leave out from <in> to end of line and insert <when fire occurs;>
Section 7
Mr Andy Kerr
17 In section 7, page 18, line 21, leave out <section 1> and insert <its duties under section 1, 15, 16 or, as the case may be, 18>
Section 25A
Mr Andy Kerr
18 In section 25A, page 20, line 12, at end insert-
<( ) In section 8(2) of that Act (procedure for orders under that Schedule), after "3(2)(c)(ii)" there is inserted "and 3A(9)".>
Section 25F
Mr Andy Kerr
19 In section 25F, page 27, line 39, leave out <(in pursuance of section 44ZC(1)(b) above or otherwise)>
Section 25G
Mr Andy Kerr
20 In section 25G, page 28, line 10, leave out from second <the> to end of line 12 and insert <regulations made by the Scottish Ministers for the purposes of this section.
(3) Those regulations may, in particular, make provision>
Mr Andy Kerr
21 In section 25G, page 28, line 25, at end insert--
<and they may make different provision for different cases or different classes of case.>
After section 25I
Mr Andy Kerr
22 After section 25I, insert-
<Scottish Ministers' power to pay off loans made to local authorities
(1) The Scottish Ministers may make to the Public Works Loan Commissioners or to any other person payment reducing or extinguishing a local authority's liability to the Commissioners or, as the case may be, that other person in respect of a loan made by the Commissioners or that other person to the authority for the purposes of capital expenditure.
(2) If the Scottish Ministers make a payment in pursuance of subsection (1) above they shall-
(a) prepare a report on their reasons for making that payment; and
(b) lay that report before the Scottish Parliament.>
Section 25J
Mr Andy Kerr
23 In section 25J, page 29, line 8, leave out <25I> and insert <(Scottish Ministers' power to pay off loans made to local authorities)>
Mr Andy Kerr
24 In section 25J, page 29, line 13, leave out <25I> and insert <(Scottish Ministers' power to pay off loans made to local authorities)>
Mr Andy Kerr
25 In section 25J, page 29, line 13, leave out <section 106(1)(b) of the 1973> and insert <Part VII (finance) of the 1973 Act applies by virtue of section 106(1)(b) of that>
Mr Andy Kerr
26 In section 25J, page 29, line 16, leave out <25I> and insert <(Scottish Ministers' power to pay off loans made to local authorities)>
Mr Andy Kerr
27 In section 25J, page 29, line 18, at end insert-
<( ) Before making regulations under section 25G or an order under this section, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.>
Before section 26
Mr Andy Kerr
28 Before section 26, insert-
<Paid time off for councillors not to be political donation
(1) In paragraph 4 (matters that are not donations) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c.41)-
(a) after sub-paragraph (1)(a) there is inserted-
"(aa) remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee's working hours for qualifying business-
(i) of the authority,
(ii) of any other body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or
(iii) of any other body if it is a public body;"; and
(b) after sub-paragraph (3) there is inserted-
"(4) In sub-paragraph (1)(aa)-
"employee" and "employer" have the same meaning as in the Employment Rights Act 1996 (c.18);
"local authority" means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
"working hours" of an employee has the same meaning as in section 50 of the Employment Rights Act 1996; and
"qualifying business", in relation to a body, means-
(a) the doing of anything for the discharge of the functions of the body or of any of its committees or sub-committees, and
(b) where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 (c.22) and arrangements exist for functions of any other body to be discharged by the authority's executive or any committee or member of the executive, the doing of any other thing for the purpose of the discharge of the functions.".
(2) Subsection (1) above shall be deemed to have come into force on 16th February 2001.
(3) The Electoral Commission shall remove from the register kept by it under section 69 (register of recordable donations) of that Act of 2000 any entry that they would not have been required to make had subsection (1) above actually been in force throughout the period beginning with 16th February 2001 and ending on the day immediately before the day on which this subsection comes into force.>
Section 27A
Mr Andy Kerr
29 In section 27A, page 31, line 6, leave out subsection (5)
Section 29
Mr Andy Kerr
30 In section 29, page 31, line 28, at end insert <which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament>
After section 29
Mr Andy Kerr
31 After section 29, insert-
<Arrangements and agreements with bodies corporate
(1) It is the duty of a local authority-
(a) in entering any arrangement or agreement with a body corporate; and
(b) in implementing any such arrangement or agreement,
to comply with any code or other document which the Scottish Ministers direct is to have effect for the purposes of regulating local authorities in entering and implementing such arrangements or agreements.
(2) Directions for the purposes of subsection (1) above may include requirements calculated to ensure compliance by local authorities with their duties under section 1 above.>
Mr Andy Kerr
32 After section 29, insert-
<Guidance on contractual matters
It is the duty of a local authority, in exercising a power to enter into a contract, to have regard to any guidance issued to it by the Scottish Ministers in that respect.>
Section 30B
Mr Andy Kerr
33 In section 30B, page 33, line 31, after second <shall> insert <, subject to subsection (5A) below,>
Mr Andy Kerr
34 In section 30B, page 33, line 32, at end insert-
<(5A) No such regulations containing provisions which amend, disapply or repeal any part of the text of an Act are to be made unless a draft of the instrument containing them has been approved by resolution of the Scottish Parliament.>
Mr Andy Kerr
35 Move section 30B to after section 25J
Section 30C
Mr Andy Kerr
36 In section 30C, page 34, line 3, leave out from second <private> to end of line 4 and insert <supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002 (asp 3)).>
Mr Andy Kerr
37 In section 30C, page 34, line 17, leave out <this section> and insert <subsection (1) above>
Mr Andy Kerr
38 In section 30C, page 34, line 23, after <shall> insert <, subject to subsection (5A) below,>
Mr Andy Kerr
39 In section 30C, page 34, line 24, at end insert-
<(5A) No regulations under this section which repeal, or suspend the effect of, subsection (1) above are to be made unless a draft of the instrument containing them has been approved by resolution of the Scottish Parliament.>
Mr Andy Kerr
40 In section 30C, page 34, line 26, after <expenditure> insert <reasonably incurred>
Mr Andy Kerr
41 Move section 30C to after section 27A
Section 30D
Mr Andy Kerr
42 Move section 30D to after section 25J
Section 30E
Mr Andy Kerr
43 Move section 30E to after section 27
Section 34
Mr Andy Kerr
44 In section 34, page 37, line 12, at end insert-
<( ) "joint fire board" means a joint fire board constituted by an administration scheme under section 36 of the Fire Services Act 1947 (c.41) or section 147 of the 1973 Act;
( ) "joint police board" means a joint police board constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967 (c.77);>
Mr Andy Kerr
45 In section 34, page 37, line 14, leave out <Parts 1 and 4> and insert <Part 1>
Mr Andy Kerr
46 In section 34, page 37, line 17, after <2> insert <, 4B>
Mr Andy Kerr
47 In section 34, page 37, line 17, after <5> insert <and section 23A>
Mr Andy Kerr
48 In section 34, page 37, line 18, at end insert-
<( ) in Part 4, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board and a joint police board;
( ) in Parts 4A (other than section 23A above) and 4D, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board, a joint police board and the Strathclyde Passenger Transport Authority;>
Mental Health (Scotland) Bill - Stage 2
Before section 1
Mrs Mary Mulligan
105 Before section 1, insert-
<Principles for discharging certain functions
(1) Subsections (2) to (4) below apply whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act in relation to a patient who has attained the age of 18 years.
(2) In discharging the function the person shall, subject to subsection (9) below, have regard to the matters mentioned in subsection (3) below in so far as they are relevant to the function being discharged.
(3) The matters referred to in subsection (2) above are-
(a) the present and past wishes and feelings of the patient which are relevant to the discharge of the function;
(b) the views of-
(i) the patient's named person;
(ii) any carer of the patient;
(iii) any guardian of the patient; and
(iv) any welfare attorney of the patient,
which are relevant to the discharge of the function;
(c) the importance of the patient participating as fully as possible in the discharge of the function;
(d) the importance of providing such information and support to the patient as is necessary to enable the patient to participate in accordance with paragraph (c) above;
(e) the range of options available in the patient's case;
(f) the importance of providing the maximum benefit to the patient;
(g) the need to ensure that, unless it can be shown that it is justified in the circumstances, the patient is not treated in a way that is less favourable than the way in which a person who is not a patient might be treated in a comparable situation;
(h) the patient's abilities, background and characteristics, including, without prejudice to that generality, the patient's age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.
(4) After having regard to-
(a) the matters mentioned in subsection (3) above;
(b) if subsections (5) and (6) below apply, the matters mentioned there; and
(c) such other matters as are relevant in the circumstances,
the person shall discharge the function in the manner that appears to the person to be the manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances.
(5) Whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act (other than the making of a decision about medical treatment) in relation to a patient, the person shall have regard, in so far as it is reasonable and practicable to do so, to the needs and circumstances of any carer of the patient which are relevant to the discharge of the function and of which the person is aware.
(6) Whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act in relation to a person who is, or has been, subject to-
(a) detention in hospital authorised by a certificate granted under section 31(1) of this Act (any such certificate being referred to in this Act as an "emergency detention certificate");
(b) detention in hospital authorised by a certificate granted under section 35(1) of this Act (any such certificate being referred to in this Act as a "short-term detention certificate");
(c) an order made under section 53(4)(a) of this Act (any such order being referred to in this Act as a "compulsory treatment order"); or
(d) an order made under section 57A of the 1995 Act (any such order being referred to in this Act as a "compulsion order"),
the person who is discharging the function shall have regard to the importance of the provision of appropriate services to the person who is, or has been, subject to the certificate or order concerned (including, without prejudice to that generality, the provision of continuing care when the person is no longer subject to the certificate or order).
(7) A person falls within this subsection if the person is discharging the function by virtue of being-
(a) the patient;
(b) the patient's named person;
(c) the patient's primary carer;
(d) a person providing independent advocacy services to the patient under section 182 of this Act;
(e) the patient's legal representative;
(f) a curator ad litem appointed by the Tribunal in respect of the patient;
(g) a guardian of the patient; or
(h) a welfare attorney of the patient.
(8) In subsection (3)(a) above, the reference to wishes and feelings of the patient is a reference to those wishes and feelings in so far as they can be ascertained by any means of communication, whether human or by mechanical aid (whether of an interpretative nature or otherwise), appropriate to the patient.
(9) The person need not have regard to the views of a person mentioned in subsection (3)(b) above in so far as it is unreasonable or impracticable to do so.
(10) In subsection (3)(d) above, the reference to information is to information in the form that is mostly likely to be understood by the patient.
(11) In this section, a reference to "discharging", in relation to a power, includes a reference to exercising the power by taking no action; and "discharge" shall be construed accordingly.>
Mrs Mary Mulligan
106 Before section 1, insert-
<Welfare of the child
(1) This section applies whenever a person who does not fall within section (Principles for discharging certain functions)(7) of this Act is discharging a function, by virtue of this Act, to which subsection (2) or (3) below applies in relation to a patient who is under the age of 18 years.
(2) This subsection applies to any duty which may be discharged in more than one manner.
(3) This subsection applies to any power.
(4) The person shall discharge the function in the manner that appears to the person to be the manner that best secures the welfare of the patient.
(5) In determining the manner of discharging the function that best secures the welfare of the patient, the person shall have regard to-
(a) the matters mentioned in section (Principles for discharging certain functions)(3) of this Act;
(b) the matters mentioned in section (Principles for discharging certain functions)(5) and (6) of this Act (where those subsections apply); and
(c) the importance of the function being discharged in the manner that appears to the person to be the manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances.
(6) In this section, a reference to "discharging", in relation to a power, includes a reference to exercising the power by taking no action; and "discharge" shall be construed accordingly.>
Section 1
Mrs Mary Mulligan
107 In section 1, page 1, line 7, leave out <functions> and insert <a function>
Mrs Mary Mulligan
108 In section 1, page 1, line 8, leave out <those functions> and insert <the function>
Mrs Mary Mulligan
109 In section 1, page 1, line 14, at end insert-
<( ) a Special Health Board;>
Mrs Mary Mulligan
110 In section 1, page 1, line 21, leave out subsections (4) to (10)
Section 31
Mrs Mary Mulligan
111 In section 31, page 16, line 33, leave out <a> and insert <an emergency detention>
Mrs Mary Mulligan
112 In section 31, page 16, line 34, after <authorising> insert <, if the condition mentioned in subsection (6A) below is satisfied,>
Mrs Mary Mulligan
113 In section 31, page 16, line 34, leave out from <(any> to end of line 35
Mrs Mary Mulligan
114 In section 31, page 17, line 1, leave out from first <certificate> to end of line 2 and insert <short-term detention certificate>
Mrs Mary Mulligan
115 In section 31, page 17, line 28, at end insert-
<(6A) The condition referred to in subsection (1) above is that the measure mentioned in subsection (7)(b)(i) below is authorised by the certificate only if, before the patient is admitted under authority of the certificate to a hospital, the certificate is given to the managers of that hospital.>
Mrs Mary Mulligan
116 In section 31, page 17, line 34, leave out from first <the> to end of line and insert-
<(i) if, immediately before the certificate is granted, the patient is not in hospital, the admission under authority of the certificate of the patient to hospital;
(ii) if, immediately before the certificate is granted, the patient is in hospital, the granting of the certificate>
Mrs Mary Mulligan
117 In section 31, page 17, line 34, at end insert-
<( ) The emergency detention certificate-
(a) shall state the medical practitioner's reasons for believing the conditions mentioned in subsections (4) and (5) above to be met in respect of the patient; and
(b) shall be signed by the medical practitioner.>
Section 32
Mrs Mary Mulligan
118 In section 32, page 18, line 2, at beginning insert <Subject to subsection (3) below,>
Mrs Mary Mulligan
119 In section 32, page 18, line 2, leave out from <before> to end of line 14 and insert <when the certificate is given to the managers of the hospital in which the patient is to be detained under authority of the certificate, give notice to them>
Mrs Mary Mulligan
120 In section 32, page 18, line 26, at end insert-
<(3) If it is impracticable for notice to be given when the certificate is given to the managers, the medical practitioner shall give notice as soon as practicable after that time.>
Section 33
Mrs Mary Mulligan
121 In section 33, page 18, line 30, leave out from <production> to <hospital> in line 31 and insert <the period of detention authorised by the certificate begins as mentioned in section 31(7)(b) of this Act>
Mrs Mary Mulligan
122 In section 33, page 18, line 31, after second <managers> insert <of the hospital>
Mrs Mary Mulligan
123 In section 33, page 18, line 31, after <shall> insert <take the steps mentioned in subsection (2A) below.
(2A) Those steps are>
Mrs Mary Mulligan
124 In section 33, page 18, line 32, at beginning insert <to>
Mrs Mary Mulligan
125 In section 33, page 18, line 34, at beginning insert <to>
Mrs Mary Mulligan
126 In section 33, page 18, line 41, leave out <production> and insert <giving>
Mrs Mary Mulligan
127 In section 33, page 18, line 42, at end insert <; and
(b) before the expiry of the period of 7 days beginning with their receipt of notice under section 32 of this Act-
(i) give notice in accordance with subsection (5) below of the matters notified to them under that section; and
(ii) if the certificate was granted without consent to its granting having been obtained from a mental health officer, give notice in accordance with subsection (5A) below of the matters notified to them under that section>
Mrs Mary Mulligan
128 In section 33, page 19, line 1, at end insert <to the Commission and>
Mrs Mary Mulligan
129 In section 33, page 19, leave out line 2
Mrs Mary Mulligan
130 In section 33, page 19, line 4, leave out <or>
Mrs Mary Mulligan
131 In section 33, page 19, line 5, leave out from <at> to end of line 8 and insert <that nearest relative and any person who resides with the patient;>
Mrs Mary Mulligan
132 In section 33, page 19, line 9, leave out <, to the> and insert <and notice does not fall to be given to that person under paragraph (a) or (b) above, to the patient's>
Mrs Mary Mulligan
133 In section 33, page 19, line 10, leave out from <or> to end of line 15 and insert-
<(5A) Notice is given in accordance with this subsection if given>
Mrs Mary Mulligan
134 In section 33, page 19, line 20, leave out subsection (6)
Section 34
Mrs Mary Mulligan
135 Leave out section 34
Section 35
Mrs Mary Mulligan
136 In section 35, page 19, line 37, after <authorising> insert <, if the condition mentioned in subsection (5A) below is satisfied,>
Mrs Mary Mulligan
137 In section 35, page 20, line 28, leave out from first <the> to end of line and insert-
<(i) if, immediately before the certificate is granted, the patient is not in hospital, the admission under authority of the certificate of the patient to hospital;
(ii) if, immediately before the certificate is granted, the patient is in hospital, the granting of the certificate>
Mrs Mary Mulligan
138 In section 35, page 20, line 30, at end insert-
<(5A) The condition referred to in subsection (1) above is that the measure mentioned in subsection (5)(b)(i) above is authorised by the certificate only if, before the patient is admitted to hospital under authority of the certificate, the certificate is given to the managers of that hospital.>
Section 36
Mrs Mary Mulligan
139 In section 36, page 21, line 2, leave out from first <as> to <35(3)(b)> in line 3 and insert <before deciding whether to consent for the purposes of section 35(3)(c)>
Mrs Mary Mulligan
140 In section 36, page 21, line 5, at end insert-
<( ) inform the patient of the availability of independent advocacy services under section 182 of this Act; and
( ) take appropriate steps to ensure that the patient has the opportunity of making use of those services.>
Section 37
Mrs Mary Mulligan
141 In section 37, page 21, line 32, after second <granting> insert <, and send a copy of it,>
Section 40
Mrs Mary Mulligan
142 In section 40, page 23, line 3, at end insert-
<(1A) Before determining an application under subsection (1) above, the Tribunal shall afford the persons mentioned in subsection (1B) below the opportunity-
(a) of making representations (whether orally or in writing); and
(b) of leading, or producing, evidence.
(1B) Those persons are-
(a) the patient;
(b) the patient's named person;
(c) the approved medical practitioner who granted the short-term detention certificate;
(d) the mental health officer who was consulted under section 35(3)(b) of this Act;
(e) if the patient has a responsible medical officer, that responsible medical officer;
(f) any curator ad litem appointed by the Tribunal; and
(g) any other person appearing to the Tribunal to have an interest in the application.>
Section 41
Mrs Mary Mulligan
143 In section 41, page 23, line 38, leave out from <a> to end of line 39 and insert <not a working day.
( ) In this section "working day" means a day which is not-
(a) Saturday;
(b) Sunday; or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c.80) in Scotland.>
Mrs Mary Mulligan
144 In section 41, page 24, line 1, leave out subsection (6)
Section 45
Mrs Mary Mulligan
145 In section 45, page 25, line 8, leave out from <an> to <order")> in line 10 and insert <a compulsory treatment order>
Section 228
Mrs Mary Mulligan
146 In section 228, page 150, line 3, leave out <has the meaning given by> and insert <means a certificate granted under>
Mrs Mary Mulligan
147 In section 228, page 151, line 28, leave out <has the meaning given by> and insert <means a certificate granted under>
New amendments to Bills lodged on 23 December 2002
Criminal Justice (Scotland) Bill - Stage 3
After section 59A
Robin Harper
1 After section 59A, insert-
<Offences aggravated by social prejudice
(1) This section applies where it is-
(a) libelled in an indictment; or
(b) specified in a complaint,
and, in either case, proved that an offence has been aggravated by social prejudice.
(2) For the purposes of this section, an offence is aggravated by social prejudice if-
(a) at the time of committing the offence, or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim's membership (or presumed membership) of a social group; or
(b) the offence is motivated (wholly or partly) by malice and ill-will towards members of a social group based on their membership of that group.
(3) Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.
(4) Where the section or disposal in respect of an offence is, by virtue of this section, different from that which the court would have imposed but for this section, the court must state the extent of and the reasons for that difference.
(5) For the purpose of this section, evidence from a single source is sufficient to prove that an offence is aggravated by social prejudice.
(5) In subsection (2)(a) above-
"membership", in relation to a social group, includes association with members of that group; and
"presumed" means presumed by the offender.
(7) In this section, "social group" means a group of persons defined by reference to gender, sexual orientation, disability or age.".>
Long Title
Robin Harper
2 In the long title, page 1, line 14, after <religious> insert <or social>
Local Government in Scotland Bill - Stage 3
Section 11
Mr Andy Kerr
49 In section 11, page 5, line 31, after <above> insert-
<(ii) is derived from relevant dividends; or
(iii) is derived from relevant profit sharing agreements,>
Mr Andy Kerr
50 In section 11, page 5, line 35, at end insert-
<( ) For the purposes of subsection (1D) above-
"relevant dividend" means a dividend paid by a body corporate which carries on operations which, if they were carried on by the authority to which the dividend is paid, would be relevant trading operations;
"relevant profit sharing agreement" means an agreement between a local authority and a body corporate which carries on such operations in terms of which the body corporate undertakes to pay to the authority a proportion of any income which it derives from carrying out those operations.>
Section 23A
Mr Andy Kerr
51 In section 23A, page 19, line 5, at end insert <; and
(b) whether a joint police board is carrying out its functions so as to comply with its duties under section 1, 15, 17 or, as the case may be, 18 above.>
Mr Andy Kerr
52 In section 23A, page 19, line 10, at end insert <; and
(b) whether a joint fire board is carrying out its functions so as to comply with its duties under section 1, 15, 17 or, as the case may be, 18 above.>
Mr Andy Kerr
53 In section 23A, page 19, line 10, at end insert-
<( ) The inspectors mentioned in subsections (1) and (2) above may also inquire and report to the Scottish Ministers on whether-
(a) a local authority (in carrying out its functions as police authority or, as the case may be, fire authority); or
(b) a joint police board or, as the case may be, a joint fire board,
is carrying out its functions in a manner which is within the power conferred on it by section 21 above.>
After section 25E
Mr Andy Kerr
54 After section 25E, insert-
<Council tax: discount for unoccupied dwellings
(1) The Scottish Ministers may, by regulations-
(a) repeal paragraph (a) (daily discount from council tax of twice the "appropriate percentage" for chargeable dwellings of which there is no resident) of subsection (2) of section 79 of the Local Government Finance Act 1992 (c.14); and
(b) provide (whether by amendment of that section or otherwise) that the amount of council tax payable in respect of a chargeable dwelling and any day is to be subject to a discount if, on that day, there is no resident of the dwelling and for the calculation of the amount of that discount.
(2) Regulations made under paragraph (b) of subsection (1) above may, in particular-
(a) provide in relation to some circumstances in which there is no resident of a chargeable dwelling but not in relation to others;
(b) confer on local authorities powers-
(i) to disapply the regulations from their respective areas or from such parts of those areas as are specified in the instrument of disapplication;
(ii) to modify the application of the regulations within their respective areas so that they make provision in relation to some circumstances in which there is no resident of a chargeable dwelling but not in relation to others (and to make different modifications for different cases or different classes of case, including for different areas);
(c) make different provision for different cases or different classes of case, including different provision for different areas or for different local authorities.
(3) The circumstances referred to in subsections (2)(a) and (b)(ii) above include-
(a) those deriving from the use to which a chargeable dwelling is put; and
(b) the personal circumstances of the owner of the dwelling.
(4) A power conferred under subsection (2)(b)(ii) above may not permit local authorities to modify regulations under this section so as to set the amount of the discount, for their respective areas, at an amount outwith any maximum or minimum amount as may be specified in the regulations.
(5) Expressions used in this section and in section 79 of the Local Government Finance Act 1992 (c.14) have in this section the same meaning as they have in that one.
(6) Regulations under this section shall be made by statutory instrument but no such regulations shall be made unless a draft of them has been approved by a resolution of the Scottish Parliament.
(7) Before making such regulations, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.>
After section 31
Mr Andy Kerr
55 After section 31, insert-
<Ancillary provision
(1) The Scottish Ministers may by order made by statutory instrument make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.
(2) Such an order may modify any enactment, instrument or document.
(3) A statutory instrument containing such an order shall, subject to subsection (4) below, be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4) No such order containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of the instrument containing it has been approved by a resolution of the Scottish Parliament.
(5) Any power of the Scottish Ministers to make orders or regulations under this Act includes power to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.>
Mental Health (Scotland) Bill - Stage 2
After section 19
Mr Adam Ingram
4A As an amendment to amendment 4, line 13, after <wishes> insert <and it is in the best interests of the child,>
Mr Adam Ingram
148 After section 19, insert-
<Provision of services and accommodation: single sex wards
A Health Board shall provide for any patient who-
(a) is detained in hospital under Part 5 or 6 of this Act; or
(b) has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment for a mental disorder,
the option of care and treatment on a single sex ward.>
Section 36
Mr Adam Ingram
149 In section 36, page 21, line 5, at end insert <; and
( ) ascertain the name and address of the patient's primary carer>
Mr Adam Ingram
150 In section 36, page 21, line 8, at end insert <; and
( ) ascertain the name and address of the patient's primary carer>
Section 39
Mr Adam Ingram
151 In section 39, page 22, line 28, after <shall> insert <, subject to subsection (2A) below,>
Mr Adam Ingram
152 In section 39, page 22, line 28, at end insert-
<(2A) In any case where, if the short-term detention certificate is revoked, the patient will be discharged from hospital, the responsible medical officer shall not revoke the certificate unless a written plan for the patient's care and support following discharge has been drawn up following consultation between the patient, the patient's carers and the responsible medical officer.>
Mr Adam Ingram
153 In section 39, page 22, line 33, at end insert <; and
<( ) any primary carer of the patient>
Section 42
Mr Adam Ingram
154 In section 42, page 24, line 23, at end insert <; and
<( ) any primary carer of the patient>
Section 50
Mr Adam Ingram
155 In section 50, page 28, line 30, after <patient's> insert <carers, including the>
Section 53
Mr Adam Ingram
156 In section 53, page 31, line 17, after <patient's> insert <carers, including the>
Mr Adam Ingram
157 In section 53, page 31, line 21, after <met> insert <and, in a case where subsection (5A) below applies, that all of the conditions mentioned in subsection (5B) below are met,>
Mr Adam Ingram
158 In section 53, page 32, line 8, leave out from <making> to end of line 9 and insert <necessary care and treatment cannot be provided by agreement with the patient, necessitating the making of a compulsory treatment order in respect of that patient>
Mr Adam Ingram
159 In section 53, page 32, line 9, at end insert <; and
<( ) that the treatment proposed is the least restrictive available that is compatible with the safe and effective care of the patient>
Mr Adam Ingram
160 In section 53, page 32, line 9, at end insert-
<(5A) This subsection applies where the Tribunal is proposing to make a compulsory treatment order that does not authorise the detention of the patient in hospital.
(5B) The conditions referred to in subsection (4) above are-
(a) that the patient has previously refused or intentionally failed to have medical treatment for mental disorder during a period when the patient was not subject to compulsory measures under this Act;
(b) that such refusal of or intentional failure to have medical treatment caused, or materially contributed to, a significant deterioration in the patient's condition; and
(c) that such deterioration caused a significant risk-
(i) to the health, safety or welfare of the patient; or
(ii) to the safety of any other person.>
Section 54
Mr Adam Ingram
161 In section 54, page 32, line 30, after <treatment> insert <subject to any exclusions or limitations the Tribunal considers appropriate>
Section 62
Mr Adam Ingram
162 In section 62, page 35, line 32, at end insert <and at least once every three months from the date on which the compulsory treatment order comes into effect>
Section 66
Mr Adam Ingram
163 In section 66, page 38, line 6, leave out <12> and insert <6>
Mr Adam Ingram
164 In section 66, page 38, line 8, leave out <12> and insert <6>
Section 68
Mr Adam Ingram
165 In section 68, page 39, line 29, leave out <12> and insert <6>
Mr Adam Ingram
166 In section 68, page 39, line 31, leave out <12> and insert <6>
Section 77
Mr Adam Ingram
167 In section 77, page 44, line 16, after <patient's> insert <carers, including the>
After section 185
Mr Adam Ingram
168 After section 185, insert-
<Provision of information about treatment to patient
(1) Any medical practitioner authorising medical treatment for mental disorder shall, before authorising that treatment, take all reasonable steps to ensure that the patient-
(a) understands the likely consequences of any form of medical treatment proposed by the medical practitioner;
(b) has been informed of any alternative forms of medical treatment for mental disorder that might reasonably be administered to the patient, and of their likely consequences; and
(c) is supplied with material in permanent form from which the patient may refresh the patient's understanding of the matters set out in paragraphs (a) and (b) above.
(2) This section applies whether or not the provisions in this Act on compulsory detention and compulsory treatment apply to the patient.>.
New amendments to Bills lodged on 3 January 2002
Local Government in Scotland Bill - Stage 3
Section 11
Mr Andy Kerr
56 In substitution for amendment 8--
In section 11, page 6, line 38, at end insert-
<(iii) in the case of the supply of goods or materials, where that supply is for the purpose of, or is incidental to the purpose of, enabling the authority to supply property or, as the case may be, provide a service; or
(iv) in any other case, where the Scottish Ministers have consented to the supply or provision.">
Section 16
Tricia Marwick
57 In section 16, page 11, line 16, after <persons> insert <(including youth work bodies and young persons)>
Tricia Marwick
58 In section 16, page 12, line 3, at end insert-
<"young persons" means persons below the age of 18 years; and
"youth work bodies" means bodies, whether or not formally constituted, established for purposes which consist of or include any or all of the following-
(a) promoting the interests of young persons resident or otherwise present in the area of the local authority;
(b) facilitating the personal, social and educational development of such young persons; and
(c) enabling them to express their views and otherwise contribute to society.>
Section 33
Mr Andy Kerr
59 In section 33, page 36, line 20, at end insert-
<(ya) in section 19 of the Fire Services Act 1947 (c.41), subsections (3) to (6), (8) and (8A) (which provide as to the functions of the Scottish Ministers in relation to the making and maintenance by fire authorities of establishment schemes for fire brigades);
(za) in section 36 of that Act, subsection (5A) (which makes similar provision where fire authority areas have been combined or divided);>
Section 34
Mr Andy Kerr
60 In substitution for amendment 47--
In section 34, page 37, line 17, after <5> insert <(other than sections (Arrangements and agreements with bodies corporate) and (Guidance on contractual matters)) and section 23A>
Mr Andy Kerr
61 In substitution for amendment 48--
In section 34, page 37, line 18, at end insert-
<( ) in Part 4 and sections (Arrangements and agreements with bodies corporate) and (Guidance on contractual matters), a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board and a joint police board;
( ) in Parts 4A (other than section 23A above) and 4D, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board, a joint police board and the Strathclyde Passenger Transport Authority;>
Section 35
Mr Andy Kerr
62 In section 35, page 37, line 25, after first <section> insert <, section (Paid time off for councillors not to be political donation)(1) and (2)>
Mental Health (Scotland) Bill - Stage 2
Before section 1
Mary Scanlon
105A As an amendment to amendment 105, leave out lines 18 to 32 and insert-
<(3A) Wherever possible, a patient who requires care, treatment and support for mental disorder shall be provided with such care, treatment or support without recourse to compulsory measures under this Act.
(3B) Compulsory measures under this Act may be authorised or applied only if the person responsible for authorising or applying them is satisfied that they will benefit the patient and that such benefit cannot reasonably be achieved without the use of such measures.
(3C) Persons making decisions and exercising functions under this Act in relation to a patient shall, in so far as may be relevant to such decisions and functions-
(a) subject only to any limitations resulting from the mental disorder of the patient, permit and enable the patient to participate fully in any assessment, medical treatment, care and support provided by virtue of this Act;
(b) provide to the patient, in the manner which renders it most likely to be understood by the patient, all information and support which is necessary to enable the patient to participate as mentioned in paragraph (a) above; and
(c) provide to the patient's carers in the manner which renders it most likely to be understood by them, such information and advice as may be necessary to enable them to provide, or continue to provide, appropriate care and support to the patient.
(3D) A person authorising or applying any compulsory measures, or discharging any powers or functions, under this Act shall-
(a) ensure that the same rights and entitlements are accorded to the patient as to a person with other health needs, in so far as it is reasonable and practicable to do so; and
(b) provide care, medical treatment and support to the patient in a manner which accords respect to the patient's individual qualities, abilities and background and properly takes into account the patient's age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.>
Mary Scanlon
105B As an amendment to amendment 105, line 58, leave out <have regard to the importance of> and insert <ensure>
Mary Scanlon
105C As an amendment to amendment 105, line 80, leave out subsection (10)
Schedule 1
Mrs Mary Mulligan
169 In schedule 1, page 155, line 19, leave out from beginning to <regulations> in line 20 and insert <Subject to sub-paragraph (2) below, regulations may>
Mrs Mary Mulligan
170 In schedule 1, page 155, line 30, at end insert-
<(2) Before making regulations under sub-paragraph (1) above, the Scottish Ministers shall consult such persons, or groups of persons, as they consider appropriate.>
Section 3
Mary Scanlon
171 In section 3, page 2, line 35 at end insert <exercise protective functions in respect of any persons who may, by reason of mental disorder, be incapable of adequately protecting their persons or their interests and, without prejudice to the generality of the foregoing, shall>
Section 5
Mary Scanlon
172 In section 5, page 3, line 8 at end insert-
<( ) the Scottish Parliament;>
Mary Scanlon
173 In section 5, page 3, line 11 at end insert-
<( ) NHS Quality Improvement Scotland;>
Section 7
Mary Scanlon
174 In section 7, page 4, line 9, after <Board;> insert-
( ) the Scottish Commission for the Regulation of Care;>
Section 10
Mary Scanlon
175 In section 10, page 6, line 10, leave out <1> and insert <3>
Schedule 2
Mary Scanlon
176 In schedule 2, page 156, line 7, leave out <Scottish Ministers> and insert <Lord President of the Court of Session>
Mary Scanlon
177 In schedule 2, page 156, line 24, leave out <Scottish Ministers> and insert <Lord President of the Court of Session>
Mary Scanlon
178 In schedule 2, page 156, line 29, leave out <Scottish Ministers> and insert <Lord President>
Mary Scanlon
179 In schedule 2, page 157, line 9, leave out <Scottish Ministers> and insert <Lord President of the Court of Session>
Section 19
Mary Scanlon
180 In section 19, page 10, line 11, at end insert <and as having knowledge of relevant mental health legislation, and experience of its application.>
Section 31
Mary Scanlon
181 In section 31, page 17, line 19, at end insert <and that such a determination could not be made if the patient were not so detained;>
Mrs Mary Mulligan
182 In section 31, page 17, line 34, at end insert-
<(7A) If a medical practitioner grants an emergency detention certificate in respect of a patient who, immediately before the certificate is granted, is in hospital, the medical practitioner shall, as soon as practicable after granting the certificate, give the certificate to the managers of that hospital.>
Section 33
Mrs Mary Mulligan
183 In section 33, page 18, line 35, at end insert-
<( ) Where immediately before the emergency detention certificate was granted the patient had a responsible medical officer, the person appointed under subsection (2A) above may be that responsible medical officer.>
Mrs Mary Mulligan
184 In section 33, page 18, line 37, leave out <all of>
Mrs Mary Mulligan
185 In section 33, page 18, line 38, leave out <31(4) and (5)> and insert <31(4)(a) and (b) and (5)(b)>
Mrs Mary Mulligan
186 In section 33, page 18, line 38, leave out <are> and insert <continue to be>
Mrs Mary Mulligan
187 In section 33, page 18, line 38, after <patient> insert <; or
(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate>
After section 34
Mrs Mary Mulligan
188 After section 34, insert-
<Commission's power to revoke emergency detention certificate
Where-
(a) the detention of a patient in hospital is authorised by an emergency detention certificate; and
(b) the Commission is satisfied-
(i) that not all of the conditions mentioned in section 31(4)(a) and (b) and (5)(b) of this Act continue to be met in respect of the patient; or
(ii) that it does not continue to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the Commission may revoke the emergency detention certificate.>
Mrs Mary Mulligan
189 After section 34, insert-
<Revocation of emergency detention certificate: notification
Where the Commission revokes a certificate under section (Commission's power to revoke emergency detention certificate) of this Act, it shall, as soon as practicable after doing so, give notice of the revocation to-
(a) the patient;
(b) the patient's named person;
(c) the managers of the hospital in which the patient is detained; and
(d) the local authority for the area in which the hospital in which the patient is detained is situated.>
Section 35
Mary Scanlon
190 In section 35, page 19, line 36, after <may> insert <, before the expiry of 72 hours beginning with the completion of the medical examination,>
Mary Scanlon
191 In section 35, page 20, line 11, after <consents> insert <in writing>
Mary Scanlon
192 In section 35, page 20, line 18, at end insert-
<and that such determination cannot be made or treatment given unless the patient is detained under this part of this Act>
Mrs Mary Mulligan
193 In section 35, page 20, line 30, at end insert-
<( ) If an approved medical practitioner grants a short-term detention certificate in respect of a patient who, immediately before the certificate is granted, is in hospital, the approved medical practitioner shall, as soon as practicable after granting the certificate, give the certificate to the managers of that hospital.>
Mary Scanlon
194 In section 35, page 20, line 40, at end insert-
<( ) The periods of days referred to in paragraphs (a) and (b) of subsection (5) above are to be regarded as beginning at the time when the event referred to in the relevant paragraph occurred and ending at the same time on the relevant later day.>
Section 39
Mrs Mary Mulligan
195 In section 39, page 22, line 17, after <certificate> insert <or an extension certificate>
Mrs Mary Mulligan
196 In section 39, page 22, line 18, leave out <to> and insert <, (b) and>
Mrs Mary Mulligan
197 In section 39, page 22, line 20, leave out from <a> to end of line 21 and insert <the detention in hospital of the patient to be authorised by the certificate>
Mrs Mary Mulligan
198 In section 39, page 22, line 23, leave out <determines> and insert <is not satisfied>
Mrs Mary Mulligan
199 In section 39, page 22, line 24, leave out <not all of>
Mrs Mary Mulligan
200 In section 39, page 22, line 26, leave out from <is> to <detention> in line 27 and insert <continues to be necessary for the detention in hospital of the patient to be authorised by the>
Mrs Mary Mulligan
201 In section 39, page 22, line 28, leave out <short-term detention>
Mrs Mary Mulligan
202 In section 39, page 22, line 29, leave out <the short-term detention certificate> and insert <a certificate under subsection (2) above>
Mrs Mary Mulligan
203 In section 39, page 22, line 33, at end insert <; and
( ) the mental health officer who was consulted under section 35(3)(b) of this Act>
Mrs Mary Mulligan
204 Move section 39 to after section 42
Section 40
Mrs Mary Mulligan
205 In section 40, page 22, line 39, at end insert <or an extension certificate>
Mrs Mary Mulligan
206 In section 40, page 23, line 4, leave out from <that> to <patient> in line 6 and insert-
<(a) that the conditions mentioned in paragraphs (a), (b) and (d) of section 35(4) of this Act continue to be met in respect of the patient; or
(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate>
Mrs Mary Mulligan
207 In section 40, page 23, line 6, leave out <short-term detention>
Mrs Mary Mulligan
208 In section 40, page 23, line 6, at end insert-
<( ) Where before a short-term detention certificate is revoked under subsection (2) above an extension certificate has been granted in respect of the patient, the revocation of the short-term detention certificate shall have the effect of revoking the extension certificate, notwithstanding that there has been no application under subsection (1) above in relation to the extension certificate.>
Mrs Mary Mulligan
209 Move section 40 to after section 42
Section 41
Mrs Mary Mulligan
210 In section 41, page 23, line 16, leave out <this section and in section 42 of>
Mrs Mary Mulligan
211 In section 41, page 23, line 17, leave out from <detention> to end of line 19 and insert <measures mentioned in subsection (3A) below>
Mary Scanlon
212 In section 41, page 23, line 23, leave out <change> and insert <deterioration>
Mrs Mary Mulligan
213 In section 41, page 23, line 34, at end insert-
<(3A) The measures referred to in subsection (1) above are-
(a) the detention in hospital of the patient for the period of 3 days beginning with the day on which the short-term detention certificate ceases to authorise the detention of the patient in hospital; and
(b) the giving to the patient, in accordance with Part 13 of this Act, of medical treatment.>
Mary Scanlon
213A As an amendment to amendment 213, line 3, leave out <with the day on> and insert <at the time at>
Mrs Mary Mulligan
214 In section 41, page 23, line 37, leave out <(1)> and insert <(3A)(a)>
Section 42
Mrs Mary Mulligan
215 In section 42, page 24, line 23, at end insert <; and
( ) the local authority for the area in which the patient resides>
After section 42
Mrs Mary Mulligan
216 After section 42, insert-
<Commission's power to revoke short-term detention certificate or extension certificate
Where-
(a) the detention of a patient in hospital is authorised by a short-term detention certificate or an extension certificate; and
(b) the Commission is satisfied-
(i) that not all of the conditions mentioned in paragraphs (a), (b) and (d) of section 35(4) of this Act continue to be met in respect of the patient; or
(ii) that it does not continue to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the Commission may revoke the certificate.>
Mrs Mary Mulligan
217 After section 42, insert-
<Revocation of short-term detention certificate or extension certificate: notification
Where the Commission revokes a certificate under section (Commission's power to revoke short-term detention certificate or extension certificate) of this Act, it shall, as soon as practicable after doing so, give notice of the revocation to-
(a) the patient;
(b) the patient's named person;
(c) the managers of the hospital in which the patient is detained; and
(d) the mental health officer who was consulted under section 35(3)(b) of this Act.>
Section 65
Mr Adam Ingram
218 In section 65, page 37, line 15, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 69
Mr Adam Ingram
219 In section 69, page 40, line 1, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 72
Mr Adam Ingram
220 In section 72, page 41, line 14, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 83
Mr Adam Ingram
221 In section 83, page 47, line 25, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 86
Mr Adam Ingram
222 In section 86, page 49, line 40, at end insert-
<( ) ascertain the name and address of the patient's primary carer;>
Section 87
Mr Adam Ingram
223 In section 87, page 51, line 11, after <patient's> insert <carers, including the>
Section 188
Mr Adam Ingram
224 In section 188, page 122, line 8, after <person;> insert-
<( ) that person's primary carer;>
Section 110
Mr Adam Ingram
225 In section 110, page 83, line 2, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 130
Mr Adam Ingram
226 In section 130, page 90, line 16, after <person;> insert-
<( ) the patient's primary carer;>
Section 131
Mr Adam Ingram
227 In section 131, page 90, line 32, at end insert-
<( ) the name and address of the patient's primary carer;>
Section 133
Mr Adam Ingram
228 In section 133, page 92, line 37, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 142
Mr Adam Ingram
229 In section 142, page 95, line 34, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 145
Mr Adam Ingram
230 In section 145, page 98, line 13, at end insert-
<( ) the patient's named person; and
( ) the patient's carers, including the primary carer>
Section 148
Mr Adam Ingram
231 In section 148, page 98, line 36, at end insert <and primary carer>
Section 156
Mr Adam Ingram
232 In section 156, page 103, line 3, at end insert-
<( ) the offender patient's carers, including the primary carer>
Section 228
Mrs Mary Mulligan
233 In section 228, page 150, line 4, at end insert-
<"extension certificate" has the meaning given by section 41(1) of this Act;>
Proposals for Members' Bills
Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters' names shown in bold. The member who lodged such a proposal has the right to introduce a Member's Bill to give effect to that proposal under rule 9.14.
Bill Butler: Proposed Direct Elections to National Health Service Boards (Scotland) Bill-Proposal for a Bill to require direct elections, for the public, to the majority of places on National Health Service Boards in Scotland (lodged 19 December 2002).
Supported by: Cathie Craigie, Margaret Jamieson, Scott Barrie, Jackie Baillie, Kate Maclean, Karen Whitefield, Mr Tom McCabe, Marilyn Livingstone, Paul Martin, Elaine Thomson, Helen Eadie, Johann Lamont, Pauline McNeill, Brian Fitzpatrick, Mr Michael McMahon, Karen Gillon, Janis Hughes
Business Bulletin No. 1/2003
Monday 6 January 2003
Section H : New Documents
Subordinate Legislation
Negative Instruments
The following instruments were laid before the Parliament on 23 December 2002 and are subject to annulment-
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002 (SSI 2002/564)
laid under section 16(6) of the Plant Varieties and Seeds Act 1964
The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002 (SSI 2002/565)
laid under section 2(2) of schedule 2 to the European Communities Act 1972
Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 (SSI 2002/567)-
Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568)-
laid under section 40 of the Sheriff Courts (Scotland) Act 1907
Other Documents
The following documents were laid before the Parliament on 20 December 2002 and are not subject to any Parliamentary procedure-
Water Industry Commissioner for Scotland Annual Accounts 2001-02 (SE/2002/335)-
Scottish Executive Finance and Central Services Department Non-Domestic Rating Account 2001-02 (SE/2002/349)-
laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000
The following documents were laid before the Parliament on 23 December 2002 and are not subject to any Parliamentary procedure-
Forestry Commission Scotland Annual Report and Accounts 2001-02 (SE/2002/57)-
Scottish Executive Core Departments' Resource Accounts for the year ended 31 March 2002 (SE/2002/333)-
Scottish Executive Consolidated Resource Accounts for the year ended 31 March 2002 (SE/2002/334)-
laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000
The St Mary's Episcopal Primary School (End of Self Governing Status) Amendment (No.3) Order 2002 (SE/2002/214)
Report by the Auditor General for Scotland on the 2001-02 Audit of the Scottish Executive Consolidated Resource Accounts for the year ended 31 March 2002 (SE/2002/350)
Report by the Auditor General for Scotland on the 2001-02 Audit of the Scottish Executive Core Departments' Resource Accounts for the year ended 31 March 2002 (SE/2002/351)
Scottish Conveyancing and Executry Services Board Annual Report and Accounts 2001-02 (SE/2002/337)
laid under paragraph 14 of schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
Committee Reports
The following Report is being published on 6 January 2003-
Subordinate Legislation Committee, 1st Report 2003: The Commissioner for Children and Young People (Scotland) Bill at Stage 1 (SP Paper 733)
European Documents
Members wishing to see a list of European documents received in the Parliament should contact the clerk to the European Committee (stephen.imrie@scottish.parliament.uk). Members are reminded that a complete set of all documents received is held by SPICe in G15, PHQ and copies can be made available on request. Additionally, SPICe holds a set of Briefing Papers produced primarily for MEPs covering the views of the UK Government on proposals for EC/EU legislation. These are now being made available to all MSPs and parliamentary staff. Copies can be obtained on the SPICe page of the Parliament's intranet.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section J: Parliamentary Bureau: Note of Decisions
NOTE OF DECISIONS TAKEN AT THE MEETING OF THE PARLIAMENTARY BUREAU: 17 december 2002 AT 2.30 PM
Members:
Presiding Officer Sir David Steel (in the chair)
Deputy Presiding Officer George Reid
Deputy Presiding Officer Murray Tosh
Labour Party Business Manager Patricia Ferguson
Scottish National Party Business Manager Fiona Hyslop
Scottish Conservative and Unionist Party
Business Manager Alex Johnstone
Liberal Democrat Party Business Manager Euan Robson
Future Business Programme
It was agreed to recommend to the Parliament future business for the weeks commencing 6 and 13 January 2003. (for text of motion see Section F of the Business Bulletin for 18 December 2002).
Procedural Motions
It was agreed to recommend to the Parliament that the draft Proceeds of Crime Act 2002 (Cash searched: Constables in Scotland: Code of Practice) Order 2002 be approved.
It was also agreed to recommend to the Parliament that the Justice 2 Committee be designated as lead committee in consideration of the Extended Sentences for Violent Offenders (Scotland) Order 2003.
Timetabling of Bills
It was agreed to recommend to the Parliament that Stage 2 of the Mental Health (Scotland) Bill be completed by 19 February 2003.
Date of Next Meeting
It was agreed that the next meeting would be at 2.30 pm on 7 January 2003.
Lee Bridges
Clerk to the Parliamentary Bureau
17 December 2002
Business Bulletin No. 1/2003
Monday 6 January 2003
Section K : Progress of Parliamentary Business
For further information on the progress of Bills, subordinate legislation and committees shown in this section, please contact either the relevant clerk or web site (end of Section for addresses)
Bills in Progress
Note: Where a Bill is listed below with a date for Stage 2 (or for a day at that Stage), the deadline for lodging amendments for that Stage (or that day) is 2.00 pm, two sitting days earlier (e.g. 2.00 pm on Monday for a Stage 2 meeting on Wednesday). Where a Bill is listed with a date for Stage 3, the deadline is 4.30 pm, three sitting days earlier. Amendments should be lodged with the clerks to the Stage 2 committee. (Equivalent deadlines apply in relation to the Consideration and Final Stages of Private Bills.)
Agricultural Holdings (Scotland) Bill
Stage 2, Day 1 (Rural Development Committee) 14 January
Building (Scotland) Bill
Stage 2 (Day 2, Transport and the Environment Committee) 8 January
Commissioner for Children and Young People (Scotland) Bill
Stage 1 (debate, meeting of the Parliament) 15 January
Council of the Law Society of Scotland Bill
Stage 1 (debate, meeting of the Parliament) 9 January
Criminal Justice (Scotland) Bill
Stage 2 completed 18 December
Dog Fouling (Scotland) Bill
Stage 1 (debate, meeting of the Parliament) 16 January
Gaelic Language (Scotland) Bill
Stage 1 (evidence, Education, Culture and Sport Committee) 7 January
Homelessness etc. (Scotland) Bill
Stage 2 (Day 1, Social Justice Committee) 15 January
Land Reform (Scotland) Bill
Stage 2 completed 5 November
Local Government in Scotland Bill
Stage 3 8 January
Mental Health (Scotland) Bill
Stage 2 (Day 1, Health and Community Care Committee) 8 January
National Galleries of Scotland Bill
Preliminary Stage (National Galleries of Scotland Bill Committee) 9 January
Organic Farming Targets (Scotland) Bill
Stage 1 (Rural Development Committee) 7 January
Proportional Representation (Local Government Elections) (Scotland) Bill
Stage 1 Report published (Local Government Committee) 19 December
Prostitution Tolerance Zones (Scotland) Bill
Stage 1 (evidence, Local Government Committee) 7 January
Protection of Children (Scotland) Bill
Stage 2 completed 10 December
Public Appointments and Public Bodies etc. (Scotland) Bill
Stage 2 completed 17 December
Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill
Preliminary Stage (debate, meeting of the Parliament) 9 January
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill
Stage 1 (Salmon and Freshwater Fisheries (Consolidation)
(Scotland) Bill Committee) 7 January
Title Conditions (Scotland) Bill
Stage 2 (Day 3, Justice 1 Committee) 14 January
Water Environment and Water Services (Scotland) Bill
Stage 2 completed 11 December
Subordinate legislation in progress
(date of laying) (Lead Committee)
Affirmative Instruments
Subject to approval by resolution by 19 January 2002
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002 (SSI 2002/544) (11 December 2002) (Health and Community Care)
Subject to approval by resolution by 23 January 2003
The draft Scottish Parliament (Disqualification) Order 2003 (3 December 2002) (Parliament)
Subject to approval by resolution by 25 January 2003
The draft Extended Sentences for Violent Offenders (Scotland) Order 2003 (5 December 2002) (Justice 2)
Subject to approval by resolution by 1 February 2003
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (12 December 2002) (Justice 1)
Negative Instruments
Subject to annulment by 12 January 2003
The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2002 (SSI 2002/518) (22 November 2002) (Rural Development)
Subject to annulment by 15 January 2003
Act of Sederunt (Fees of Sheriff Officers) 2002 (SSI 2002/515) (25 November 2002) (Justice 2)
Subject to annulment by 17 January 2003
The Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002 (SSI 2002/520) (27 November 2002) (Rural Development)
Subject to annulment by 18 January 2003
The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Amendment Regulations 2002 (SSI 2002/521) (Local Government)
The Scottish Local Government Elections Amendment Rules 2002 (SSI 2002/522) (28 November 2002) (Local Government)
Subject to annulment by 22 January 2003
The Kava-kava in Food (Scotland) Regulations 2002 (SSI 2002/523) (2 December 2002) (Health and Community Care)
The Food Labelling Amendment (Scotland) Regulations 2002 (SSI 2002/524) (2 December 2002) (Health and Community Care)
The Seeds (Fees) (Scotland) Regulations 2002 (SSI 2002/526) (2 December 2002) (Rural Development)
The Smoke Control Areas (Authorised Fuels) (Scotland) Amendment Regulations 2002 (SSI 2002/527) (2 December 2002) (Transport and the Environment)
The Road Traffic (NHS Charges) Amendment (No.2) (Scotland) Regulations 2002 (SSI 2002/528) (2 December 2002) (Health and Community Care)
The Poultry Breeding Flocks, Hatcheries and Animal By-Products (Fees) (Scotland) Order 2002 (SSI 2002/529) (2 December 2002) (Rural Development)
The Sheep and Goats Identification (Scotland) Amendment (No.2) Regulations 2002 (SSI 2002/531) (2 December 2002) (Rural Development)
The Community Care (Joint Working etc.) (Scotland) Regulations 2002 (SSI 2002/533) (2 December 2002) (Health and Community Care)
The NHS Quality Improvement Scotland Order 2002 (SSI 2002/534) (2 December 2002) (2 December 2002) (Health and Community Care)
The NHS Quality Improvement Scotland (Transfer of Officers) Regulations 2002 (SSI 2002/534) (2 December 2002) (Health and Community Care)
The Plant Protection Products Amendment (No.3) (Scotland) Regulations 2002 (SSI 2002/537) (2 December 2002) (Rural Development)
Subject to annulment by 24 January 2003
The Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 (SSI 2002/538) (4 December 2002) (Transport and the Environment)
Subject to annulment by 31 January 2003
The Designation of Nitrate Vulnerable Zones (Scotland) (No.2) Regulations 2002 (SSI 2002/546) (11 December 2002) (Transport and the Environment)
Subject to annulment by 2 February 2003
The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Amendment Regulations 2002 (SSI 2002/547) (13 December 2002) (Transport and the Environment)
The School Crossing Patrol Sign (Scotland) Regulations 2002 (SSI 2002/549) (13 December 2002) (Transport and the Environment)
The Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2002 (SSI 2002/548) (13 December 2002) (Transport and the Environment)
Subject to annulment by 6 February 2003
The Air Quality Limit Values (Scotland) Amendment Regulations 2002 (SSI 2002/556) (17 December 2002) (Transport and the Environment)
Subject to annulment by 12 February 2003
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002 (SSI 2002/564) (23 December 2002)
The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002 (SSI 2002/565) (23 December 2002)
Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 (SSI 2002/567) (23 December 2002)
Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568) (23 December 2002)
Committee Business
Dates indicate when the next meeting is due to take place by each Committee.
Audit 7 January
Education, Culture and Sport 7 January
Enterprise and Lifelong Learning 8 January
Equal Opportunities 14 January
European 14 January
Finance 8 January
Health and Community Care 8 January
Justice 1 14 January
Justice 2 8 January
Local Government 7 January
Procedures 7 January
Public Petitions 14 January
Rural Development 7 January
Social Justice 15 January
Standards 15 January
Subordinate Legislation 7 January
Transport and Environment 8 January
[CENSORED: table inserted here in original giving contact information]
Monday 6 January 2003
Contents
Section B : Business Programme
Section C : Agendas of Committee Meetings
Section E : Written questions lodged from 20 December 2002 to 3 January 2003
Section F : Motions and Amendments
Section G : Bills: Notices and Amendments
Section H : New Documents
Section J : Parliamentary Bureau: Note of Decisions
Section K : Progress of Parliamentary Business
Business Bulletin No. 1/2003
Monday 6 January 2003
Section B : Business Programme
As agreed by the Parliament on 18 December 2002
Wednesday 8 January 2003
2:30 pm Time for Reflection - Right Reverend Neville Chamberlain, Bishop of Brechin, Scottish Episcopal Church
followed by Parliamentary Bureau Motions
followed by Stage 3 of Local Government in Scotland Bill (for text of motion see S1M-3562 in Section F)
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business - debate on the subject of S1M-2874 Bristow Muldoon: Drugs and Driving (for text of motion see S1M-2874 in Section F)
Thursday 9 January 2003
9:30 am Debate on the draft Scottish Parliament (Disqualification) Order 2003
followed by Stage 1 Debate on the Council of the Law Society of Scotland Bill
followed by Preliminary Stage Debate on Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill (for text of motion see S1M-3728 in Section F)
followed by Business Motion
2:30 pm Question Time
3:10 pm First Minister's Question Time
3:30 pm Executive Debate on the Review of Child Protection
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business - debate on the subject of S1M-3485 Mr Keith Harding: Breast Cancer Awareness (for text of motion see S1M-3485 in Section F)
Wednesday 15 January 2003
2:30 pm Time for Reflection
followed by Parliamentary Bureau Motions
followed by Stage 1 Debate on Commissioner for Children and Young People (Scotland) Bill
followed by Transport and the Environment Committee Debate on its 15th Report 2002 on Inquiry into the Rail Industry in Scotland
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business
Thursday 16 January 2003
9:30 am Scottish National Party Business
followed by Business Motion
2:30 pm Question Time
3:10 pm First Minister's Question Time
3:30 pm Stage 1 Debate on Dog Fouling (Scotland) Bill
followed by Parliamentary Bureau Motions
5:00 pm Decision Time
followed by Members' Business
Business Bulletin No. 1/2003
Monday 6 January 2003
Section C : Agendas of Committee Meetings
Procedures Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 9.30 am in Committee Room 4
1. Consultative Steering Group Inquiry: The Committee will consider draft report text and members' papers.
Subordinate Legislation Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 11.15 am in Committee Room 3
1. Delegated powers scrutiny: The Committee will consider the delegated powers provisions in the following Bill-
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill at Stage 1.
2. Delegated powers scrutiny: The Committee will consider the response from the Scottish Executive to points raised on the following Bill-
Local Government in Scotland Bill as amended at Stage 2.
3. Instruments subject to annulment: The Committee will consider the following-
The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Amendment Regulations 2002, (SSI 2002/547)
The Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2002, (SSI 2002/548)
The School Crossing Patrol Sign (Scotland) Regulations 2002, (SSI 2002/549)
The Air Quality Limit Values (Scotland) Amendment Regulations 2002, (SSI 2002/556)
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002, (SSI 2002/564)
The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002, (SSI 2002/565)
Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002, (SSI 2002/567)
Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002, (SSI 2002/568).
4. Instruments not subject to Parliamentary control: The Committee will consider the following-
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.4) (Scotland) Order 2002 Revocation Order 2002, (SSI 2002/550)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.6) (Scotland) Partial Revocation Order 2002, (SSI 2002/551)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.12) (Scotland) Partial Revocation Order 2002, (SSI 2002/552)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.14) (Scotland) Partial Revocation Order 2002, (SSI 2002/553)
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No.3) (Scotland) Partial Revocation Order 2002, (SSI 2002/558).
5. Instruments not laid before the Parliament: The Committee will consider the following-
Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002, (SSI 2002/560)
The Adoption (Intercountry Aspects) Act 1999 (Commencement No.7) (Scotland) Order 2002, (SSI 2002/562)
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No.5) (Proceeds of Crime Act 2002) 2002, (SSI 2002/563)
Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002, (SSI 2002/566).
Audit Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in Committee Room 2
1. Items in private: The Committee will consider whether to take agenda items 5, 6 and 7 in private.
2. Overview of Further Education Colleges in Scotland 2000/01: The Committee will consider a response from the Scottish Executive to its report entitled 'Overview of Further Education Colleges in Scotland 2000/01' (SP Paper 657).
3. Overview of the 2001/02 Water Authority Audits: The Committee will consider the report by the Auditor General for Scotland entitled 'Overview of the 2001/02 Water Authority Audits (AGS/2002/7).
4. Planning Ward Nursing: Legacy or Design: The Committee will receive a briefing from the Auditor General for Scotland on his report entitled 'Planning Ward Nursing: Legacy or Design' (AGS/20021/9).
5. Dealing with Offending by Young People: The Committee will consider arrangements for its forthcoming inquiry into the report by the Auditor General for Scotland entitled 'Dealing with Offending by Young People' (AGS/2002/8).
6. Measuring Up: A Follow Up Report on Performance Measurement in the Scottish Environment Protection Agency: The Committee will consider a draft report on its inquiry into the report by the Auditor General for Scotland entitled 'Measuring Up: A Follow Up Report on Performance Measurement in the Scottish Environment Protection Agency' (AGS/2002/5).
7. How Government Works in Scotland: The Committee will consider a draft report on its inquiry into the report by the Auditor General for Scotland entitled 'How Government Works in Scotland' (AGS/2002/6).
Education, Culture and Sport Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in Committee Room 1
1. Gaelic Language (Scotland) Bill: The Committee will take evidence on the general principles of the Bill at Stage 1 from-
C'llr Allan Beaton, Chairman, Gaelic Working Group, Highland Council
C'llr Andrew Anderson, Chairman, Education, Culture and Sport Committee, Highland Council
Bruce Robertson, Director, Education, Culture and Sport Service, Highland Council
C'llr Michael Foxley, Highland Council
Morag Anna MacLeod, Gaelic Development Officer, Highland Council
C'llr Helen Law (Fife Council), Education Spokesperson, COSLA
C'llr Eric Gotts (East Dunbartonshire Council), COSLA
Dr Wilson McLeod
Dr Rob Dunbar
Peadar Morgan, Clì, Na Gaidheil Ùra (The New Gaels)
Jim Tough, Head of Strategic Development, Scottish Arts Council.
2. Petition PE427: The Committee will consider correspondence from Learning and Teaching Scotland.
Local Government Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in the Chamber, Assembly Hall, the Mound, Edinburgh
1. Item in private: The Committee will consider whether to take item 4 in private.
2. Subordinate legislation: The Committee will consider the following negative instruments-
The Scottish Local Government Elections Amendment Rules 2002, (SSI 2002/522)
The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Amendment Regulations 2002, (SSI 2002/521).
3. Prostitution Tolerance Zones (Scotland) Bill: The Committee will take evidence on the general principles of the Bill at Stage 1 from-
Ruth Morgan Thomas, Project Manager, Scot-Pep;
George Lewis, Co-chair, Scot-Pep;
Senga MacDonald, Manager, Drugs Action (Aberdeen);
Jan Macleod, Development Worker, Women's Support Project;
Liz Curran, Partnership Manager, Routes Out of Prostitution;
Anne-Marie Manning, Project Manager, Base 75;
Councillor Yvonne Allan, Convener, Resources Management Committee, Aberdeen City Council;
Councillor Len Ironside, Convener, Policy and Strategy Committee, Aberdeen City Council.
4. Prostitution Tolerance Zones (Scotland) Bill: The Committee will further consider its approach to the Bill at Stage 1.
Rural Development Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 2.00 pm in Committee Room 3
1. Subordinate legislation: The Committee will consider the following instrument under the negative procedure-
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002, (SSI 2002/564).
The Committee will take evidence from the Minister for Environment and Rural Development, Ross Finnie MSP.
2. Agricultural Holdings (Scotland) Bill: The Committee will consider motion S1M-3732 in the name of Ross Finnie MSP-
That the Rural Development Committee considers the Agricultural Holdings (Scotland) Bill at Stage 2 in the following order: Part 1, Parts 3 to 5, Part 7, Part 6, Part 2, Part 8, the schedule.
3. Organic Farming Targets (Scotland) Bill (in private): The Committee will consider a draft Stage 1 report.
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill Committee
7 January 2003
1st Meeting, 2003
The Committee will meet at 3.00 pm in Committee Room 4
1. Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill: The Committee will consider the Bill at Stage l.
Health and Community Care Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 9.30 am in Committee Room 1
1. Items in private: The Committee will consider whether to take items 4 and 5 in private.
2. Subordinate legislation: The Committee will consider the following affirmative instrument-
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002, (SSI 2002/544).
3. Mental Health (Scotland) Bill (Day 1): The Committee will consider the Bill at Stage 2.
4. Witness expenses: The Committee will consider two claims under the witness expenses scheme.
5. Inquiry into GM Crops: The Committee will consider a draft Report.
Transport and the Environment Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 9.30 am in the Chamber
1. Items in private: The Committee will consider whether to take agenda item 7 in private.
2. Building (Scotland) Bill: The Committee will consider the Bill at Stage 2 (Day 2).
3. Subordinate legislation: The Committee will consider the following negative instruments-
The Smoke Control Areas (Authorised Fuels) (Scotland) Amendment Regulations 2002 (SSI, 2002/527)
The Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 (SSI, 2002/538).
4. Subordinate legislation: The Committee will consider the following affirmative instrument-
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (draft).
5. Public Petitions: The Committee will consider the following petitions-
PE 346 and PE 369. The Committee will consider a letter from the Minister for Health and Community Care in response to correspondence from the Committee relating to petition PE 346 by Scotland Opposing Opencast and petition PE 369 by the Confederation of UK Coal Producers.
PE 422, PE 430 and PE 454. The Committee will consider letters from CoSLA and Sportscotland in response to correspondence from the Committee on issues relating to petitions PE 422 by Mr James Docherty on protection for school playing fields, PE 430 by Mrs M Glendinning on the sale of school playing fields and PE 454 by Mr Peter Watson on the sale of playing fields.
PE 425 by Mrs Anne-Marie Glashan on planning procedures for telecommunications developments.
PE 508 by Mr Philip Graves on the implementation of Environmental Impact Assessments and PAN 58 guidelines.
PE 517 by Mr Rob Kirkwood on environmental and planning issues relating to water treatment plants.
6. Rail Inquiry: The Committee will consider a motion for the proposed debate at a meeting of the Parliament on the Committee's report on the rail industry in Scotland.
7. Telecommunications Developments: The Committee will consider a paper from the Parliament's Information Centre on a possible approach to the Committee's examination of developments following the publication of its report into telecommunications developments in 2001.
Justice 2 Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 9.45 am in Committee Room 2
1. Crown Office and Procurator Fiscal Service Inquiry (in private): The Committee will consider a draft report.
2. Committee work programme: The Committee will consider its forward programme.
Enterprise and Lifelong Learning Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 10.00 am in Committee Room 3
1. Inquiry into Tourism (in private): The Committee will consider a draft report.
Finance Committee
8 January 2003
1st Meeting, 2003
The Committee will meet at 1.00 pm in Committee Room 4
1. Commissioner for Children and Young People (Scotland) Bill (in private): The Committee will consider a draft report.
National Galleries of Scotland Bill Committee
9 January 2003
1st Meeting, 2003
The Committee will meet at 1.30 pm in Committee Room 4
1. Declaration of interests: Members of the committee will be invited to declare any relevant interests.
2. Choice of Convener: The Committee will choose a Convener.
3. Deputy Convener: The Committee will choose a Deputy Convener.
4. Items in private: The Committee will consider whether to take item 5 in private.
5. National Galleries of Scotland Bill: The Committee will consider papers from the clerk to the approach to the Preliminary Stage of the Bill.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section E : Written questions lodged from 20 December 2002 to 3 January 2003
Questions marked with a triangle (Δ) are initiated by the Scottish Executive in order to facilitate the provision of information to the Parliament.
S1W-32819 Lord James Douglas-Hamilton: To ask the Scottish Executive whether it holds any information on the (a) percentage and (b) number of firefighters that have additional jobs.
S1W-32822 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-31487 by Mr Jim Wallace on 22 November 2002 and document Bib. number 25002, what the nature was of the incident of failure to comply with agreed reporting procedures in quarter 1 of performance year 4 of the operation of HM Prison Kilmarnock.
S1W-32823 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-31487 and document Bib. number 25002, what the nature was of the incidents of concerted indiscipline in quarter 1 and quarter 2 of performance year 4 of the operation of HM Prison Kilmarnock.
S1W-32824 Mr Kenneth Gibson: To ask the Scottish Executive how long, on average, multiple sclerosis sufferers wait for an assessment for beta interferon, broken down by NHS board area.
S1W-32825 Mr Kenneth Gibson: To ask the Scottish Executive how many sufferers of multiple sclerosis are currently waiting for an assessment for beta interferon, broken down by NHS board area.
S1W-32826 Fergus Ewing: To ask the Scottish Executive, further to the answer to question S10-2748 by Mr Tom McCabe on 11 January 2001, whether it is still its position that there is no need to make representations to Her Majesty's Government regarding disciplinary action against the Permanent Secretary in relation to any adverse impact of his actions on the Holyrood project.
S1W-32827 Fergus Ewing: To ask the Scottish Executive whether the cost of the Holyrood project will continue to be met from the Scottish block grant; what steps it can take, or is taking, to minimise or control the impact of the allocation of that expenditure; whether it intends to appoint a member to the Holyrood Progress Group, and whether it intends to take any further steps to secure the protection of the public interest in respect of the allocation of expenditure to the project.
S1W-32828 Fergus Ewing: To ask the Scottish Executive, further to the answer to question S1W-24133 by Dr Elaine Murray on 28 March 2002, whether the annual Scottish Award for the best publicly-funded building will be awarded in 2003; if so, what consultation there will be regarding the award and the process to be followed in relation to it, and whether buildings constructed under private finance initiatives and public private partnership schemes will be eligible for consideration for the award.
S1W-32829 Robin Harper: To ask the Scottish Executive whether the contribution of lifelong learning to achieving sustainable development will be included in its final lifelong learning strategy to be produced early next year.
S1W-32830 Mary Scanlon: To ask the Scottish Executive whether all NHS staff will be able to access family-friendly policies, as referred to on page 53 of Recording Our Achievements, as part of their work environment and employment contract.
S1W-32831 Mary Scanlon: To ask the Scottish Executive whether it will detail the reduction in bureaucracy achieved by streamlining NHS boards, as referred to on page 54 of Recording Our Achievements, and what the subsequent financial savings were.
S1W-32832 Mary Scanlon: To ask the Scottish Executive what is being done to address cannabis-induced psychosis.
S1W-32833 Mary Scanlon: To ask the Scottish Executive how it is measuring the impact that the 44 healthy living centres are having on health improvements in areas of poverty and deprivation.
S1W-32834 Mary Scanlon: To ask the Scottish Executive whether the establishment of the Health Technology Board for Scotland, as referred to on page 52 of Recording Our Achievements, has achieved the end of 'postcode prescribing'.
S1W-32835 Mary Scanlon: To ask the Scottish Executive when the instant appointments system, as referred to on page 52 of Recording Our Achievements, will be achieved.
S1W-32836 Mary Scanlon: To ask the Scottish Executive what the average cost to the NHS is of an (a) homeopathic, (b) generic and (c) branded prescription.
S1W-32837 Mary Scanlon: To ask the Scottish Executive how many statutory registered health professionals currently practice homeopathy.
S1W-32838 Mary Scanlon: To ask the Scottish Executive what fee is payable to (a) GPs, (b) hospital doctors, (c) pharmacists, (c) dentists, (d) nurses and (e) veterinary surgeons for carrying out a homeopathic treatment.
S1W-32839 Mary Scanlon: To ask the Scottish Executive how many health professionals have received training in homeopathy as part of continuous professional development programmes in each of the last five years.
S1W-32840 Mary Scanlon: To ask the Scottish Executive whether NHS patients can be referred to a chiropractor and whether any chiropractors are employed by the NHS.
S1W-32841 Alex Neil: To ask the Scottish Executive whether it will provide a breakdown of the internal organisation of its Enterprise and Lifelong Learning Department, detailing the specific roles of divisions within the department.
S1W-32842 Miss Annabel Goldie: To ask the Scottish Executive what the council tax collected was as a percentage of council tax due in each local authority in 2001-02.
S1W-32843 David Mundell: To ask the Scottish Executive what the definition of "capacity" is under the Education (Publication and Consultation etc.) (Scotland) Regulations 1981 which states "proposals must also be submitted to Scottish Ministers if the school concerned has attendance which is greater than 80% of its capacity."
S1W-32844 Mary Scanlon: To ask the Scottish Executive why NHS 24, free personal care and the Care Commission are mentioned twice as both targets and achievements on pages 52, 54 and 55 of Recording Our Achievements.
S1W-32845 Mary Scanlon: To ask the Scottish Executive how poverty and deprivation in rural communities has been measured and ameliorated by the allocation of funds through the Arbuthnott formula.
S1W-32846 Mary Scanlon: To ask the Scottish Executive whether any market research has been carried out to measure what percentage of the public are in favour of complementary medicine being made widely available on the NHS since the MORI poll in 1989, showing 74% of the public as in favour.
S1W-32847 Mary Scanlon: To ask the Scottish Executive what evidence exists on the clinical- and cost-effectiveness of complementary medicine.
S1W-32848 Andrew Wilson: To ask the Scottish Executive how many students successfully completed a higher education course solely at a higher education institution in each year since 1990.
S1W-32849 Andrew Wilson: To ask the Scottish Executive how many students successfully completed a higher education course solely at a further education institution in each year since 1990.
S1W-32850 Nora Radcliffe: To ask the Scottish Executive how many licenses have been applied for by fisheries boards to cull piscivorous birds in each of the last five years; how many applications for such licenses were approved, and how many birds were shot under each licence, broken down by species.
S1W-32851 Nora Radcliffe: To ask the Scottish Executive whether Scottish Natural Heritage and other wildlife experts are consulted before licences to kill piscivorous birds are issued; on how many occasions licences have been issued against the advice arising from any such consultation in each of the last three years, and whether the scientific grounds for overriding the advice on any such occasions will be published.
S1W-32852 Nora Radcliffe: To ask the Scottish Executive whether it will publish any scientific evidence it has that shows that killing mergansers and goosanders on rivers has resulted in an increase in migratory fish stocks and in what rivers stocks have so increased.
S1W-32853 Rhona Brankin: To ask the Presiding Officer what the total cost is of the building and facilities that are being provided for the press and media in Holyrood; whether any contribution is being made by media companies towards that capital cost, and whether the Scottish Parliamentary Corporate Body has any plans to charge commercial rents for space in the building.
S1W-32854 Rhona Brankin: To ask the Scottish Executive what role is envisaged for artists and performers in fostering creativity within education.
S1W-32855 Rhona Brankin: To ask the Scottish Executive what cross-cutting policy development is taking place to foster creativity in young people.
S1W-32856 Rhona Brankin: To ask the Scottish Executive how many cultural co-ordinators are in place in schools.
S1W-32857 Rhona Brankin: To ask the Scottish Executive what steps are being taken to encourage creativity in education.
S1W-32858 Irene McGugan: To ask the Scottish Executive what responsibilities it has to take forward the United Nations recommendations following the publication of the concluding observations on Her Majesty's Government's second report produced by the UN Committee on the Rights of the Child.
S1W-32859 Irene McGugan: To ask the Scottish Executive what plans it has to address the issue of corporal punishment following the publication of the concluding observations on Her Majesty's Government's second report produced by the United Nations Committee on the Rights of the Child.
S1W-32860 Irene McGugan: To ask the Scottish Executive what action is being taken as a result of the publication of the concluding observations on Her Majesty's Government's second report produced by the UN Committee on the Rights of the Child and, in particular, to ensure that there is an immediate public information campaign on positive, non-violent discipline.
S1W-32861 Fergus Ewing: To ask the Presiding Officer, further to his answer to question S1W-32000 on 10 December 2002, what the names were of those present at the meeting on 4 September 2001 with Bovis Lend Lease (Scotland) Ltd and representatives of Flour City International Inc. and Flour City Architectural Metals (UK) Ltd, whether there were any other meetings with these bodies other than that which took place on 4 September 2001 and, if so, on what date or dates such meetings took place and who attended.
S1W-32862 Fergus Ewing: To ask the Presiding Officer, further to his answer to question S1W-32047 on 11 December 2002, whether the Scottish Parliamentary Corporate Body has yet seen the contents of the quarterly accounts of Flour City International Inc. for the quarter to 31 July 2002; whether these accounts have been seen by the Holyrood Projects' construction managers, and, if so, when they first became aware of the contents.
S1W-32863 Michael Matheson: To ask the Scottish Executive how many abortions have been performed since 1967 under the provisions of the Abortion Act 1967 and how many of these have been performed in order to save the life of the pregnant women under section 1(1) of the act, expressed also in percentage of the total number of abortions.
S1W-32864 Scott Barrie: To ask the Scottish Executive how many assaults on (a) police officers, (b) firefighters and (c) ambulance personnel were reported in each police force area in each year since 1999; how many such assaults resulted in a (i) prosecution and (ii) conviction, and, where a conviction was secured, what the mean (1) level of fine and (2) length of custodial sentence imposed was.
S1W-32865 Scott Barrie: To ask the Scottish Executive how many firearms licences were granted for the purpose of gamekeeping in each year since 1999.
S1W-32866 Scott Barrie: To ask the Scottish Executive how many firearms licences have been removed from gamekeepers in each year since 1999.
S1W-32867 Scott Barrie: To ask the Scottish Executive how many gamekeepers have been convicted of an offence in relation to the possession of unlicensed firearms in each year since 1999.
S1W-32868 Scott Barrie: To ask the Scottish Executive whether the written evidence on the Criminal Justice (Scotland) Bill given by the Scottish Gamekeepers' Association (SGA) to the Justice 2 Committee for its meeting on 3 December 2002 that many SGA members do not bother to apply for firearms licences has been referred to the police for investigation.
S1W-32869 Scott Barrie: To ask the Scottish Executive how many witnesses below 10-years-old appeared in (a) sheriff courts and (b) the High Court in 2001.
S1W-32870 Alex Johnstone: To ask the Scottish Executive what the (a) projected and (b) actual spending on advertising has been by each of its departments in each year since 1999.
S1W-32871 Stewart Stevenson: To ask the Scottish Executive whether the formula used to determine the funding of fire brigades relies too heavily on statistics derived from FBRI forms completed after fires, given that these forms do not indicate the fire service's wider workload in terms of attending road accidents, floods and other incidents.
S1W-32872 Robin Harper: To ask the Scottish Executive whether there is a national fire safety strategy that includes the aim of reducing the incidence and severity of fires and, if not, whether it intends to develop such a strategy.
S1W-32873 Mr Kenny MacAskill: To ask the Scottish Executive whether it will ensure that there is site sharing in respect of the roll-out of telephone masts for the O2 Airwave service.
S1W-32874 Mr Kenny MacAskill: To ask the Scottish Executive how many telephone mast applications by mobile phone operators were (a) made, (b) granted, (c) refused, (d) granted on appeal and (e) refused on the grounds of health and safety and what the average time was for an application to be processed in each year since 1999, broken down by local authority area.
S1W-32875 Mr Duncan McNeil: To ask the Scottish Executive what the cost was of the maintenance, repair and refit of the fisheries protection fleet in (a) 1999-2000 and (b) 2000-01.
S1W-32876 Mr Duncan McNeil: To ask the Scottish Executive what the cost will be of the maintenance, repair and refit of the fisheries protection fleet in (a) 2002-03, (b) 2003-04, (c) 2004-05 and (d) 2005-06.
S1W-32877 Irene McGugan: To ask the Scottish Executive what action it is taking in the light of the publication of the Concluding Observations on Her Majesty's Government's second report produced by the UN Committee on the Rights of the Child and what plans it has to seek a debate in the Parliament on this issue.
S1W-32878 Michael Matheson: To ask the Scottish Executive whether the definition of a persistent young offender in National Standards for Scotland's Youth Justice Services supersedes the definition contained in Spending Proposals 2003-06 - Technical Notes.
S1W-32879 Michael Russell: To ask the Scottish Executive what the total catch of salmon was in 2002, broken down by area and type of fishery.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section F : Motions and Amendments
A full list of outstanding motions is available to view each Monday in paper copy at the Chamber Desk or alternatively on the Scottish Parliament web site as Outstanding Motions. The full text of all motions lodged the previous week will appear in the Business Bulletin the following Monday.
Items marked with an asterisk (*) are new or have been altered. Asterisks in the text show the extent of alterations made.
Motions which members wish to be considered for debate as members' business in the Parliament are marked with a hash symbol (#)
*S1M-3740 Malcolm Chisholm: The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002 -That the Health and Community Care Committee, in consideration of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002, recommends that the Order be approved.
Supported by: Mr Frank McAveety*, Mrs Mary Mulligan*
*S1M-3739 Mr Jim Wallace: The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003-That the Justice 1 Committee, in consideration of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003, recommends that the Order be approved.
Supported by: Hugh Henry*
*S1M-3738 Mrs Lyndsay McIntosh: Fame Academy-That the Parliament congratulates David Sneddon on winning BBC's Fame Academy and wishes him every success in his future singing and songwriting career.
*S1M-3737 Pauline McNeill: Noise Pollution-That the Parliament notes the increasing number of complaints of domestic, industrial and street noise; notes the noise impact of the increasing popularity of wooden and laminate flooring in tenement dwellings reducing noise insulation of which many people are not aware; recognises the need for tighter regulation over particular noise pollution such as construction works in residential areas and the rules generally allowing all types of activity seven days a week until 1am with few restrictions; believes that there should be one clear day in the week free from construction noise in residential areas, and considers that there is a need for either new legislation or more restrictive hours applied to certain types of activity with respect to the relevant sections of the Civic Government (Scotland) Act 1982.
*S1M-3736 Pauline McNeill: Glasgow City Centre Policing-That the Parliament notes the extraordinary level of activity in Glasgow City Centre day and night and the intensive policing required of the ever-increasing night economy, particularly of young people attracted to the under-18s clubs; notes that there are approximately 36,000 people in Glasgow city centre four nights each week; notes that Glasgow has the highest level of shoppers in Scotland, being second only to London for UK shopping; notes the increasing occurrence of retail crime and public order disputes in Glasgow; notes that Glasgow has the highest proportion of licensed pubs and clubs outside London; notes the disproportionate responsibility on the city centre police force for maintaining public order in Glasgow city centre which is not recognised as unique in relation to resources allocated through the police funding formula, and considers that there is a case for revisiting the funding formula to provide greater resources for Strathclyde Police Division A.
*S1M-3735 Tavish Scott: Scotland's Fishing Communities-That the Parliament notes the shameful back-door dealing carried out by the European Commission during the meeting of the EU Fisheries Council in Brussels which demonstrated the double standards applied by the Commission when applying scientific arguments; commends the Scottish Executive and the Scottish fisheries industry for speedily convening a meeting to discuss financial packages to sustain the Scottish fishing industry and fishing communities; calls on all concerned with the future of Scotland's fishing communities to support these constructive negotiations, and further calls on the Scottish Executive to seek funding from the EU for the financial package that will be required because of the targeting of the Scottish industry by the European Commission.
Supported by: Robert Brown*, Iain Smith*, Mr Jamie McGrigor*, Jackie Baillie*, Margaret Jamieson*, Ian Jenkins*, Nora Radcliffe*
*S1M-3734 Robin Harper: UK Support for the Baku-Ceyhan Oil Pipeline-That the Parliament notes that public funding is being provided for the proposed Baku-Tbilisi-Ceyhan oil pipeline from Azerbaijan, through Georgia and Turkey, which is due to be constructed by a BP led consortium; is gravely concerned about the serious impacts the pipeline will have on the global environment by transporting the oil equivalent of nearly 30% of the UK's yearly carbon dioxide output; is further concerned about the impacts of the pipeline on the local environment, on regional tensions and on local populations in its immediate vicinity, and calls on Her Majesty's Government and directors in multilateral development banks to vote against providing funding for the project. R
*S1M-3733 Robin Harper: Christmas Card Recycling-That the Parliament notes that if every MSP sent every other MSP a Christmas card, over 16,000 cards would be received; therefore welcomes the scheme to recycle Christmas cards whereby between 6 January and 2 February 2003 Christmas cards can be taken to all WH Smith and TESCO stores for recycling, and notes that the funds raised by the scheme will help the Woodland Trust, a leading woodland conservation charity, to create and care for new native woodland in Scotland.
*S1M-3732 Ross Finnie: Agricultural Holdings (Scotland) Bill - Order of Consideration at Stage 2-That the Rural Development Committee consider the Agricultural Holdings (Scotland) Bill at stage 2 in the following order: Part 1, Parts 3 to 5, Part 7, Part 6, Part 2, Part 8, the schedule.
*S1M-3728 Mr Tom McCabe: Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill-That the Parliament agrees to the general principles of the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill and that the bill should proceed as a private bill.
S1M-3726# Falkirk Community Stadium Project (lodged on 18 December 2002) Dennis Canavan*, Donald Gorrie*
S1M-3725# War with Iraq (lodged on 18 December 2002) Dorothy-Grace Elder*, Donald Gorrie*
S1M-3723# Ethical Investment (lodged on 18 December 2002) Donald Gorrie*
S1M-3717# Dialogues Project (lodged on 17 December 2002) Donald Gorrie*
S1M-3715# Theatre in Scotland (lodged on 17 December 2002) Mr Kenneth Gibson*, Michael Russell*, Irene McGugan*, Donald Gorrie*, Mr Jamie McGrigor*
S1M-3712 Scotland's Fishing Communities (lodged on 16 December 2002) Donald Gorrie*
S1M-3710# Digital Hearing Aids (lodged on 13 December 2002) Brian Adam*, John Scott*
S1M-3688# General Agreement on Trade in Services (lodged on 6 December 2002) Dorothy-Grace Elder*
S1M-3679# Private Rented Housing Sector (lodged on 3 December 2002) Brian Adam*
S1M-3674 Cairngorms National Park (lodged on 3 December 2002) Brian Adam*, Dorothy-Grace Elder*
S1M-3672 Act of Settlement (lodged on 3 December 2002) Brian Adam*
S1M-3664# Race Equality Training (lodged on 28 November 2002) Jackie Baillie*, Irene McGugan*, Dennis Canavan*
S1M-3662# European Union Year for Disabled People (lodged on 28 November 2002) Brian Adam*
S1M-3657 Trade for Life Action Pledge (lodged on 27 November 2002) Irene McGugan*
*S1M-3652 Mr Andy Kerr: Local Government in Scotland Bill - Stage 3-That the Parliament agrees that the Local Government in Scotland Bill be passed.
S1M-3623.1 Glasgow to Barra Air Link Public Service Obligation (lodged on 11 December 2002) John Farquhar Munro*
S1M-3518# End Debt on our Doorstep (lodged on 29 October 2002) Dorothy-Grace Elder*
S1M-3512 Leukaemia Research Fund Campaign (lodged on 29 October 2002) Dorothy-Grace Elder*
*S1M-3485# Mr Keith Harding: Breast Cancer Awareness-That the Parliament congratulates all the voluntary and research agencies involved for their efforts in highlighting Breast Cancer Awareness Month; recognises the importance of continuing research into the diagnosis and treatment of breast cancer, building upon major advances achieved over past decades; records its thanks to all the medical and ancillary staff involved for their unstinting kindness and support to patients and their families, and considers that the Scottish Executive should ensure that funding is made available for increasing awareness, research, providing treatment and support and all other aspects of breast cancer care.
*S1M-2874# Bristow Muldoon: Drugs and Driving-That the Parliament expresses concern about the number of lives lost in road traffic crashes that may have been caused by people driving whilst under the influence of legal and illegal drugs; recognises that, in law, driving while unfit through drugs is an offence; notes that Transport Research Laboratory tests demonstrated a significant increase between the 1980s and 1990s in the percentage of people testing positive for illegal drugs who have been involved in fatal collisions; welcomes the launch by the British Medical Association of its web resource on research that has been undertaken and is currently in progress; considers that there should be speedier and more specific and co-ordinated research in order that appropriate and conclusive drug testing devices can be introduced, and believes that there should be a Scottish campaign in order to educate the public that the side effects of illegal and certain prescribed drugs can affect their ability to drive.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section G: Bills: Notices and Amendments
New amendments to Bills lodged on 20 December 2002
Building (Scotland) Bill - Stage 2
Section 26
Des McNulty
88 In section 26, page 18, line 18, leave out subsection (2)
Des McNulty
89 In section 26, page 18, line 39, leave out subsection (7)
Des McNulty
90 In section 26, page 19, line 9, leave out subsection (10)
Schedule 3
Des McNulty
91 In schedule 3, page 35, line 18, leave out from <26(2)> to end of line 24 and insert <(Evacuation of buildings) to do so.>
Des McNulty
92 In schedule 3, page 35, leave out lines 26 to 28 and insert-
<(a) where the requirement was made under subsection (1) or (2) of section (Evacuation of buildings), at any time,
(b) where the requirement was made under subsection (3) or (4) of that section, on the expiry of the period specified in the requirement,>
Des McNulty
93 In schedule 3, page 35, leave out line 32
Des McNulty
94 In schedule 3, page 35, line 33, leave out <(2) of section 26> and insert <(1) of section (Evacuation of buildings)>
Des McNulty
95 In schedule 3, page 35, line 36, leave out <(7)(a)> and insert <(2)(a)>
Des McNulty
96 In schedule 3, page 35, line 37, at end insert-
<( ) where removal was required under subsection (2)(b) of that section, that the local authority intends to carry out work under section 26(3) or (4) and considers that the occupants may be endangered by the carrying out of the work,
( ) where removal was required under subsection (3) of that section, that the building is to be demolished in pursuance of a dangerous building notice,>
Des McNulty
97 In schedule 3, page 35, line 38, leave out <(7)(b)> and insert <(4)>
Des McNulty
98 In schedule 3, page 35, line 39, leave out <subsection (3) or (4) of that section and> and insert <a provision specified in paragraph (a) of that subsection and considers that>
Des McNulty
99 In schedule 3, page 36, leave out lines 1 to 3
Des McNulty
100 In schedule 3, page 36, line 4, leave out from second <the> to <notice)> in line 5 and insert-
<( ) in a case referred to in paragraph 3(a), the service of notice,
( ) in a case referred to in paragraph 3(b), the service of additional notice,>
Des McNulty
101 In schedule 3, page 36, line 12, leave out <paragraph 2> and insert <section (Evacuation of buildings)(5)>
Des McNulty
102 In schedule 3, page 36, line 16, leave out <removed> and insert <removing from a building in compliance with a requirement under section (Evacuation of buildings)>
Des McNulty
103 In schedule 3, page 36, line 16, leave out <section 26(2) or (7) or>
Section 34
Des McNulty
104 In section 34, page 23, line 9, at end insert-
<( ) Where a local authority serves on any person a notice under any of sections 22 to 26, it must-
(a) unless that person is the owner of the building in question, serve a copy of the notice on the owner,
(b) unless that person is the occupier, serve a copy of the notice on the occupier,
and must serve a copy of the notice on any other person appearing to the local authority to have an interest in the building.>
After section 38
Des McNulty
105 After section 38, insert-
<Evacuation of buildings
Evacuation of buildings
(1) Where a local authority considers that the occupants of a dangerous building or any adjacent building are endangered by the state of the dangerous building, the authority must require those occupants to remove immediately from the building in question.
(2) A local authority must require the occupants of a dangerous building to remove immediately from the building if-
(a) it intends to demolish the building under subsection (3) or (4) of section 26, or
(b) it intends to carry out other work under either of those subsections and considers that the occupants may be endangered by the carrying out of the work.
(3) A local authority must require the occupants of a dangerous building to remove from the building if the building is to be demolished in pursuance of a dangerous building notice.
(4) A local authority must require the occupants of a building to remove from the building if-
(a) it intends to carry out work under section 22(7)(b), 23(3)(b), 24(6)(b), 25(10)(b) or 27(4)(b), and
(b) the authority considers that the occupants may be endangered by the carrying out of the work.
(5) A requirement under subsection (3) or (4) must be made by notice in writing specifying-
(a) the reason for the requirement, and
(b) the period within which the occupants must remove from the building.
(6) Schedule 3 makes provision about the evacuation of buildings for the purposes of this section.>
Section 51
Des McNulty
106 In section 51, page 31, line 12, at end insert-
<"dangerous building" is to be construed in accordance with section 26(1),>
Local Government in Scotland Bill - Stage 3
Section 10
Mr Andy Kerr
5 In section 10, page 4, line 27, at end insert <or any regulations replacing those regulations, as from time to time amended>
Section 11
Mr Andy Kerr
6 In section 11, page 5, line 4, leave out <the words which follow paragraph (d)> and insert <paragraph (d) and the words which follow it>
Mr Andy Kerr
7 In section 11, page 6, line 35, leave out <or>
Mr Andy Kerr
8 In section 11, page 6, line 38, at end insert <or
(iii) in the case of the supply of goods and materials to another authority, where that supply is for the purpose of, or is incidental to the purpose of, enabling that other authority to supply property or, as the case may be, provide a service.">
Mr Andy Kerr
9 In section 11, page 6, line 40, leave out <definition of "public body" is> and insert <definitions of "public body" and "works of maintenance" are>
Mr Andy Kerr
10 In section 11, page 6, line 41, leave out <its> and insert <their>
Section 11A
Mr Andy Kerr
11 In section 11A, page 7, line 23, at end insert-
<( ) Those regulations may make different provision for different authorities or different classes of authority.>
Section 18
Mr Andy Kerr
12 In section 18, page 13, line 11, leave out <attributable>
Mr Andy Kerr
13 In section 18, page 13, line 14, leave out subsection (1B)
Section 19A
Mr Andy Kerr
14 In section 19A, page 15, line 9, leave out from <and> to end of line 11 and insert <; but no such order shall be made unless a draft of the instrument containing it has been approved by resolution of the Scottish Parliament.>
Section 23
Mr Andy Kerr
15 In section 23, page 16, line 32, leave out subsections (5A) and (5B)
Mr Andy Kerr
16 In section 23, page 17, line 9, leave out from <in> to end of line and insert <when fire occurs;>
Section 7
Mr Andy Kerr
17 In section 7, page 18, line 21, leave out <section 1> and insert <its duties under section 1, 15, 16 or, as the case may be, 18>
Section 25A
Mr Andy Kerr
18 In section 25A, page 20, line 12, at end insert-
<( ) In section 8(2) of that Act (procedure for orders under that Schedule), after "3(2)(c)(ii)" there is inserted "and 3A(9)".>
Section 25F
Mr Andy Kerr
19 In section 25F, page 27, line 39, leave out <(in pursuance of section 44ZC(1)(b) above or otherwise)>
Section 25G
Mr Andy Kerr
20 In section 25G, page 28, line 10, leave out from second <the> to end of line 12 and insert <regulations made by the Scottish Ministers for the purposes of this section.
(3) Those regulations may, in particular, make provision>
Mr Andy Kerr
21 In section 25G, page 28, line 25, at end insert--
<and they may make different provision for different cases or different classes of case.>
After section 25I
Mr Andy Kerr
22 After section 25I, insert-
<Scottish Ministers' power to pay off loans made to local authorities
(1) The Scottish Ministers may make to the Public Works Loan Commissioners or to any other person payment reducing or extinguishing a local authority's liability to the Commissioners or, as the case may be, that other person in respect of a loan made by the Commissioners or that other person to the authority for the purposes of capital expenditure.
(2) If the Scottish Ministers make a payment in pursuance of subsection (1) above they shall-
(a) prepare a report on their reasons for making that payment; and
(b) lay that report before the Scottish Parliament.>
Section 25J
Mr Andy Kerr
23 In section 25J, page 29, line 8, leave out <25I> and insert <(Scottish Ministers' power to pay off loans made to local authorities)>
Mr Andy Kerr
24 In section 25J, page 29, line 13, leave out <25I> and insert <(Scottish Ministers' power to pay off loans made to local authorities)>
Mr Andy Kerr
25 In section 25J, page 29, line 13, leave out <section 106(1)(b) of the 1973> and insert <Part VII (finance) of the 1973 Act applies by virtue of section 106(1)(b) of that>
Mr Andy Kerr
26 In section 25J, page 29, line 16, leave out <25I> and insert <(Scottish Ministers' power to pay off loans made to local authorities)>
Mr Andy Kerr
27 In section 25J, page 29, line 18, at end insert-
<( ) Before making regulations under section 25G or an order under this section, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.>
Before section 26
Mr Andy Kerr
28 Before section 26, insert-
<Paid time off for councillors not to be political donation
(1) In paragraph 4 (matters that are not donations) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c.41)-
(a) after sub-paragraph (1)(a) there is inserted-
"(aa) remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee's working hours for qualifying business-
(i) of the authority,
(ii) of any other body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or
(iii) of any other body if it is a public body;"; and
(b) after sub-paragraph (3) there is inserted-
"(4) In sub-paragraph (1)(aa)-
"employee" and "employer" have the same meaning as in the Employment Rights Act 1996 (c.18);
"local authority" means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
"working hours" of an employee has the same meaning as in section 50 of the Employment Rights Act 1996; and
"qualifying business", in relation to a body, means-
(a) the doing of anything for the discharge of the functions of the body or of any of its committees or sub-committees, and
(b) where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 (c.22) and arrangements exist for functions of any other body to be discharged by the authority's executive or any committee or member of the executive, the doing of any other thing for the purpose of the discharge of the functions.".
(2) Subsection (1) above shall be deemed to have come into force on 16th February 2001.
(3) The Electoral Commission shall remove from the register kept by it under section 69 (register of recordable donations) of that Act of 2000 any entry that they would not have been required to make had subsection (1) above actually been in force throughout the period beginning with 16th February 2001 and ending on the day immediately before the day on which this subsection comes into force.>
Section 27A
Mr Andy Kerr
29 In section 27A, page 31, line 6, leave out subsection (5)
Section 29
Mr Andy Kerr
30 In section 29, page 31, line 28, at end insert <which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament>
After section 29
Mr Andy Kerr
31 After section 29, insert-
<Arrangements and agreements with bodies corporate
(1) It is the duty of a local authority-
(a) in entering any arrangement or agreement with a body corporate; and
(b) in implementing any such arrangement or agreement,
to comply with any code or other document which the Scottish Ministers direct is to have effect for the purposes of regulating local authorities in entering and implementing such arrangements or agreements.
(2) Directions for the purposes of subsection (1) above may include requirements calculated to ensure compliance by local authorities with their duties under section 1 above.>
Mr Andy Kerr
32 After section 29, insert-
<Guidance on contractual matters
It is the duty of a local authority, in exercising a power to enter into a contract, to have regard to any guidance issued to it by the Scottish Ministers in that respect.>
Section 30B
Mr Andy Kerr
33 In section 30B, page 33, line 31, after second <shall> insert <, subject to subsection (5A) below,>
Mr Andy Kerr
34 In section 30B, page 33, line 32, at end insert-
<(5A) No such regulations containing provisions which amend, disapply or repeal any part of the text of an Act are to be made unless a draft of the instrument containing them has been approved by resolution of the Scottish Parliament.>
Mr Andy Kerr
35 Move section 30B to after section 25J
Section 30C
Mr Andy Kerr
36 In section 30C, page 34, line 3, leave out from second <private> to end of line 4 and insert <supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002 (asp 3)).>
Mr Andy Kerr
37 In section 30C, page 34, line 17, leave out <this section> and insert <subsection (1) above>
Mr Andy Kerr
38 In section 30C, page 34, line 23, after <shall> insert <, subject to subsection (5A) below,>
Mr Andy Kerr
39 In section 30C, page 34, line 24, at end insert-
<(5A) No regulations under this section which repeal, or suspend the effect of, subsection (1) above are to be made unless a draft of the instrument containing them has been approved by resolution of the Scottish Parliament.>
Mr Andy Kerr
40 In section 30C, page 34, line 26, after <expenditure> insert <reasonably incurred>
Mr Andy Kerr
41 Move section 30C to after section 27A
Section 30D
Mr Andy Kerr
42 Move section 30D to after section 25J
Section 30E
Mr Andy Kerr
43 Move section 30E to after section 27
Section 34
Mr Andy Kerr
44 In section 34, page 37, line 12, at end insert-
<( ) "joint fire board" means a joint fire board constituted by an administration scheme under section 36 of the Fire Services Act 1947 (c.41) or section 147 of the 1973 Act;
( ) "joint police board" means a joint police board constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967 (c.77);>
Mr Andy Kerr
45 In section 34, page 37, line 14, leave out <Parts 1 and 4> and insert <Part 1>
Mr Andy Kerr
46 In section 34, page 37, line 17, after <2> insert <, 4B>
Mr Andy Kerr
47 In section 34, page 37, line 17, after <5> insert <and section 23A>
Mr Andy Kerr
48 In section 34, page 37, line 18, at end insert-
<( ) in Part 4, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board and a joint police board;
( ) in Parts 4A (other than section 23A above) and 4D, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board, a joint police board and the Strathclyde Passenger Transport Authority;>
Mental Health (Scotland) Bill - Stage 2
Before section 1
Mrs Mary Mulligan
105 Before section 1, insert-
<Principles for discharging certain functions
(1) Subsections (2) to (4) below apply whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act in relation to a patient who has attained the age of 18 years.
(2) In discharging the function the person shall, subject to subsection (9) below, have regard to the matters mentioned in subsection (3) below in so far as they are relevant to the function being discharged.
(3) The matters referred to in subsection (2) above are-
(a) the present and past wishes and feelings of the patient which are relevant to the discharge of the function;
(b) the views of-
(i) the patient's named person;
(ii) any carer of the patient;
(iii) any guardian of the patient; and
(iv) any welfare attorney of the patient,
which are relevant to the discharge of the function;
(c) the importance of the patient participating as fully as possible in the discharge of the function;
(d) the importance of providing such information and support to the patient as is necessary to enable the patient to participate in accordance with paragraph (c) above;
(e) the range of options available in the patient's case;
(f) the importance of providing the maximum benefit to the patient;
(g) the need to ensure that, unless it can be shown that it is justified in the circumstances, the patient is not treated in a way that is less favourable than the way in which a person who is not a patient might be treated in a comparable situation;
(h) the patient's abilities, background and characteristics, including, without prejudice to that generality, the patient's age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.
(4) After having regard to-
(a) the matters mentioned in subsection (3) above;
(b) if subsections (5) and (6) below apply, the matters mentioned there; and
(c) such other matters as are relevant in the circumstances,
the person shall discharge the function in the manner that appears to the person to be the manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances.
(5) Whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act (other than the making of a decision about medical treatment) in relation to a patient, the person shall have regard, in so far as it is reasonable and practicable to do so, to the needs and circumstances of any carer of the patient which are relevant to the discharge of the function and of which the person is aware.
(6) Whenever a person who does not fall within subsection (7) below is discharging a function by virtue of this Act in relation to a person who is, or has been, subject to-
(a) detention in hospital authorised by a certificate granted under section 31(1) of this Act (any such certificate being referred to in this Act as an "emergency detention certificate");
(b) detention in hospital authorised by a certificate granted under section 35(1) of this Act (any such certificate being referred to in this Act as a "short-term detention certificate");
(c) an order made under section 53(4)(a) of this Act (any such order being referred to in this Act as a "compulsory treatment order"); or
(d) an order made under section 57A of the 1995 Act (any such order being referred to in this Act as a "compulsion order"),
the person who is discharging the function shall have regard to the importance of the provision of appropriate services to the person who is, or has been, subject to the certificate or order concerned (including, without prejudice to that generality, the provision of continuing care when the person is no longer subject to the certificate or order).
(7) A person falls within this subsection if the person is discharging the function by virtue of being-
(a) the patient;
(b) the patient's named person;
(c) the patient's primary carer;
(d) a person providing independent advocacy services to the patient under section 182 of this Act;
(e) the patient's legal representative;
(f) a curator ad litem appointed by the Tribunal in respect of the patient;
(g) a guardian of the patient; or
(h) a welfare attorney of the patient.
(8) In subsection (3)(a) above, the reference to wishes and feelings of the patient is a reference to those wishes and feelings in so far as they can be ascertained by any means of communication, whether human or by mechanical aid (whether of an interpretative nature or otherwise), appropriate to the patient.
(9) The person need not have regard to the views of a person mentioned in subsection (3)(b) above in so far as it is unreasonable or impracticable to do so.
(10) In subsection (3)(d) above, the reference to information is to information in the form that is mostly likely to be understood by the patient.
(11) In this section, a reference to "discharging", in relation to a power, includes a reference to exercising the power by taking no action; and "discharge" shall be construed accordingly.>
Mrs Mary Mulligan
106 Before section 1, insert-
<Welfare of the child
(1) This section applies whenever a person who does not fall within section (Principles for discharging certain functions)(7) of this Act is discharging a function, by virtue of this Act, to which subsection (2) or (3) below applies in relation to a patient who is under the age of 18 years.
(2) This subsection applies to any duty which may be discharged in more than one manner.
(3) This subsection applies to any power.
(4) The person shall discharge the function in the manner that appears to the person to be the manner that best secures the welfare of the patient.
(5) In determining the manner of discharging the function that best secures the welfare of the patient, the person shall have regard to-
(a) the matters mentioned in section (Principles for discharging certain functions)(3) of this Act;
(b) the matters mentioned in section (Principles for discharging certain functions)(5) and (6) of this Act (where those subsections apply); and
(c) the importance of the function being discharged in the manner that appears to the person to be the manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances.
(6) In this section, a reference to "discharging", in relation to a power, includes a reference to exercising the power by taking no action; and "discharge" shall be construed accordingly.>
Section 1
Mrs Mary Mulligan
107 In section 1, page 1, line 7, leave out <functions> and insert <a function>
Mrs Mary Mulligan
108 In section 1, page 1, line 8, leave out <those functions> and insert <the function>
Mrs Mary Mulligan
109 In section 1, page 1, line 14, at end insert-
<( ) a Special Health Board;>
Mrs Mary Mulligan
110 In section 1, page 1, line 21, leave out subsections (4) to (10)
Section 31
Mrs Mary Mulligan
111 In section 31, page 16, line 33, leave out <a> and insert <an emergency detention>
Mrs Mary Mulligan
112 In section 31, page 16, line 34, after <authorising> insert <, if the condition mentioned in subsection (6A) below is satisfied,>
Mrs Mary Mulligan
113 In section 31, page 16, line 34, leave out from <(any> to end of line 35
Mrs Mary Mulligan
114 In section 31, page 17, line 1, leave out from first <certificate> to end of line 2 and insert <short-term detention certificate>
Mrs Mary Mulligan
115 In section 31, page 17, line 28, at end insert-
<(6A) The condition referred to in subsection (1) above is that the measure mentioned in subsection (7)(b)(i) below is authorised by the certificate only if, before the patient is admitted under authority of the certificate to a hospital, the certificate is given to the managers of that hospital.>
Mrs Mary Mulligan
116 In section 31, page 17, line 34, leave out from first <the> to end of line and insert-
<(i) if, immediately before the certificate is granted, the patient is not in hospital, the admission under authority of the certificate of the patient to hospital;
(ii) if, immediately before the certificate is granted, the patient is in hospital, the granting of the certificate>
Mrs Mary Mulligan
117 In section 31, page 17, line 34, at end insert-
<( ) The emergency detention certificate-
(a) shall state the medical practitioner's reasons for believing the conditions mentioned in subsections (4) and (5) above to be met in respect of the patient; and
(b) shall be signed by the medical practitioner.>
Section 32
Mrs Mary Mulligan
118 In section 32, page 18, line 2, at beginning insert <Subject to subsection (3) below,>
Mrs Mary Mulligan
119 In section 32, page 18, line 2, leave out from <before> to end of line 14 and insert <when the certificate is given to the managers of the hospital in which the patient is to be detained under authority of the certificate, give notice to them>
Mrs Mary Mulligan
120 In section 32, page 18, line 26, at end insert-
<(3) If it is impracticable for notice to be given when the certificate is given to the managers, the medical practitioner shall give notice as soon as practicable after that time.>
Section 33
Mrs Mary Mulligan
121 In section 33, page 18, line 30, leave out from <production> to <hospital> in line 31 and insert <the period of detention authorised by the certificate begins as mentioned in section 31(7)(b) of this Act>
Mrs Mary Mulligan
122 In section 33, page 18, line 31, after second <managers> insert <of the hospital>
Mrs Mary Mulligan
123 In section 33, page 18, line 31, after <shall> insert <take the steps mentioned in subsection (2A) below.
(2A) Those steps are>
Mrs Mary Mulligan
124 In section 33, page 18, line 32, at beginning insert <to>
Mrs Mary Mulligan
125 In section 33, page 18, line 34, at beginning insert <to>
Mrs Mary Mulligan
126 In section 33, page 18, line 41, leave out <production> and insert <giving>
Mrs Mary Mulligan
127 In section 33, page 18, line 42, at end insert <; and
(b) before the expiry of the period of 7 days beginning with their receipt of notice under section 32 of this Act-
(i) give notice in accordance with subsection (5) below of the matters notified to them under that section; and
(ii) if the certificate was granted without consent to its granting having been obtained from a mental health officer, give notice in accordance with subsection (5A) below of the matters notified to them under that section>
Mrs Mary Mulligan
128 In section 33, page 19, line 1, at end insert <to the Commission and>
Mrs Mary Mulligan
129 In section 33, page 19, leave out line 2
Mrs Mary Mulligan
130 In section 33, page 19, line 4, leave out <or>
Mrs Mary Mulligan
131 In section 33, page 19, line 5, leave out from <at> to end of line 8 and insert <that nearest relative and any person who resides with the patient;>
Mrs Mary Mulligan
132 In section 33, page 19, line 9, leave out <, to the> and insert <and notice does not fall to be given to that person under paragraph (a) or (b) above, to the patient's>
Mrs Mary Mulligan
133 In section 33, page 19, line 10, leave out from <or> to end of line 15 and insert-
<(5A) Notice is given in accordance with this subsection if given>
Mrs Mary Mulligan
134 In section 33, page 19, line 20, leave out subsection (6)
Section 34
Mrs Mary Mulligan
135 Leave out section 34
Section 35
Mrs Mary Mulligan
136 In section 35, page 19, line 37, after <authorising> insert <, if the condition mentioned in subsection (5A) below is satisfied,>
Mrs Mary Mulligan
137 In section 35, page 20, line 28, leave out from first <the> to end of line and insert-
<(i) if, immediately before the certificate is granted, the patient is not in hospital, the admission under authority of the certificate of the patient to hospital;
(ii) if, immediately before the certificate is granted, the patient is in hospital, the granting of the certificate>
Mrs Mary Mulligan
138 In section 35, page 20, line 30, at end insert-
<(5A) The condition referred to in subsection (1) above is that the measure mentioned in subsection (5)(b)(i) above is authorised by the certificate only if, before the patient is admitted to hospital under authority of the certificate, the certificate is given to the managers of that hospital.>
Section 36
Mrs Mary Mulligan
139 In section 36, page 21, line 2, leave out from first <as> to <35(3)(b)> in line 3 and insert <before deciding whether to consent for the purposes of section 35(3)(c)>
Mrs Mary Mulligan
140 In section 36, page 21, line 5, at end insert-
<( ) inform the patient of the availability of independent advocacy services under section 182 of this Act; and
( ) take appropriate steps to ensure that the patient has the opportunity of making use of those services.>
Section 37
Mrs Mary Mulligan
141 In section 37, page 21, line 32, after second <granting> insert <, and send a copy of it,>
Section 40
Mrs Mary Mulligan
142 In section 40, page 23, line 3, at end insert-
<(1A) Before determining an application under subsection (1) above, the Tribunal shall afford the persons mentioned in subsection (1B) below the opportunity-
(a) of making representations (whether orally or in writing); and
(b) of leading, or producing, evidence.
(1B) Those persons are-
(a) the patient;
(b) the patient's named person;
(c) the approved medical practitioner who granted the short-term detention certificate;
(d) the mental health officer who was consulted under section 35(3)(b) of this Act;
(e) if the patient has a responsible medical officer, that responsible medical officer;
(f) any curator ad litem appointed by the Tribunal; and
(g) any other person appearing to the Tribunal to have an interest in the application.>
Section 41
Mrs Mary Mulligan
143 In section 41, page 23, line 38, leave out from <a> to end of line 39 and insert <not a working day.
( ) In this section "working day" means a day which is not-
(a) Saturday;
(b) Sunday; or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c.80) in Scotland.>
Mrs Mary Mulligan
144 In section 41, page 24, line 1, leave out subsection (6)
Section 45
Mrs Mary Mulligan
145 In section 45, page 25, line 8, leave out from <an> to <order")> in line 10 and insert <a compulsory treatment order>
Section 228
Mrs Mary Mulligan
146 In section 228, page 150, line 3, leave out <has the meaning given by> and insert <means a certificate granted under>
Mrs Mary Mulligan
147 In section 228, page 151, line 28, leave out <has the meaning given by> and insert <means a certificate granted under>
New amendments to Bills lodged on 23 December 2002
Criminal Justice (Scotland) Bill - Stage 3
After section 59A
Robin Harper
1 After section 59A, insert-
<Offences aggravated by social prejudice
(1) This section applies where it is-
(a) libelled in an indictment; or
(b) specified in a complaint,
and, in either case, proved that an offence has been aggravated by social prejudice.
(2) For the purposes of this section, an offence is aggravated by social prejudice if-
(a) at the time of committing the offence, or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim's membership (or presumed membership) of a social group; or
(b) the offence is motivated (wholly or partly) by malice and ill-will towards members of a social group based on their membership of that group.
(3) Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.
(4) Where the section or disposal in respect of an offence is, by virtue of this section, different from that which the court would have imposed but for this section, the court must state the extent of and the reasons for that difference.
(5) For the purpose of this section, evidence from a single source is sufficient to prove that an offence is aggravated by social prejudice.
(5) In subsection (2)(a) above-
"membership", in relation to a social group, includes association with members of that group; and
"presumed" means presumed by the offender.
(7) In this section, "social group" means a group of persons defined by reference to gender, sexual orientation, disability or age.".>
Long Title
Robin Harper
2 In the long title, page 1, line 14, after <religious> insert <or social>
Local Government in Scotland Bill - Stage 3
Section 11
Mr Andy Kerr
49 In section 11, page 5, line 31, after <above> insert-
<(ii) is derived from relevant dividends; or
(iii) is derived from relevant profit sharing agreements,>
Mr Andy Kerr
50 In section 11, page 5, line 35, at end insert-
<( ) For the purposes of subsection (1D) above-
"relevant dividend" means a dividend paid by a body corporate which carries on operations which, if they were carried on by the authority to which the dividend is paid, would be relevant trading operations;
"relevant profit sharing agreement" means an agreement between a local authority and a body corporate which carries on such operations in terms of which the body corporate undertakes to pay to the authority a proportion of any income which it derives from carrying out those operations.>
Section 23A
Mr Andy Kerr
51 In section 23A, page 19, line 5, at end insert <; and
(b) whether a joint police board is carrying out its functions so as to comply with its duties under section 1, 15, 17 or, as the case may be, 18 above.>
Mr Andy Kerr
52 In section 23A, page 19, line 10, at end insert <; and
(b) whether a joint fire board is carrying out its functions so as to comply with its duties under section 1, 15, 17 or, as the case may be, 18 above.>
Mr Andy Kerr
53 In section 23A, page 19, line 10, at end insert-
<( ) The inspectors mentioned in subsections (1) and (2) above may also inquire and report to the Scottish Ministers on whether-
(a) a local authority (in carrying out its functions as police authority or, as the case may be, fire authority); or
(b) a joint police board or, as the case may be, a joint fire board,
is carrying out its functions in a manner which is within the power conferred on it by section 21 above.>
After section 25E
Mr Andy Kerr
54 After section 25E, insert-
<Council tax: discount for unoccupied dwellings
(1) The Scottish Ministers may, by regulations-
(a) repeal paragraph (a) (daily discount from council tax of twice the "appropriate percentage" for chargeable dwellings of which there is no resident) of subsection (2) of section 79 of the Local Government Finance Act 1992 (c.14); and
(b) provide (whether by amendment of that section or otherwise) that the amount of council tax payable in respect of a chargeable dwelling and any day is to be subject to a discount if, on that day, there is no resident of the dwelling and for the calculation of the amount of that discount.
(2) Regulations made under paragraph (b) of subsection (1) above may, in particular-
(a) provide in relation to some circumstances in which there is no resident of a chargeable dwelling but not in relation to others;
(b) confer on local authorities powers-
(i) to disapply the regulations from their respective areas or from such parts of those areas as are specified in the instrument of disapplication;
(ii) to modify the application of the regulations within their respective areas so that they make provision in relation to some circumstances in which there is no resident of a chargeable dwelling but not in relation to others (and to make different modifications for different cases or different classes of case, including for different areas);
(c) make different provision for different cases or different classes of case, including different provision for different areas or for different local authorities.
(3) The circumstances referred to in subsections (2)(a) and (b)(ii) above include-
(a) those deriving from the use to which a chargeable dwelling is put; and
(b) the personal circumstances of the owner of the dwelling.
(4) A power conferred under subsection (2)(b)(ii) above may not permit local authorities to modify regulations under this section so as to set the amount of the discount, for their respective areas, at an amount outwith any maximum or minimum amount as may be specified in the regulations.
(5) Expressions used in this section and in section 79 of the Local Government Finance Act 1992 (c.14) have in this section the same meaning as they have in that one.
(6) Regulations under this section shall be made by statutory instrument but no such regulations shall be made unless a draft of them has been approved by a resolution of the Scottish Parliament.
(7) Before making such regulations, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.>
After section 31
Mr Andy Kerr
55 After section 31, insert-
<Ancillary provision
(1) The Scottish Ministers may by order made by statutory instrument make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.
(2) Such an order may modify any enactment, instrument or document.
(3) A statutory instrument containing such an order shall, subject to subsection (4) below, be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4) No such order containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of the instrument containing it has been approved by a resolution of the Scottish Parliament.
(5) Any power of the Scottish Ministers to make orders or regulations under this Act includes power to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.>
Mental Health (Scotland) Bill - Stage 2
After section 19
Mr Adam Ingram
4A As an amendment to amendment 4, line 13, after <wishes> insert <and it is in the best interests of the child,>
Mr Adam Ingram
148 After section 19, insert-
<Provision of services and accommodation: single sex wards
A Health Board shall provide for any patient who-
(a) is detained in hospital under Part 5 or 6 of this Act; or
(b) has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment for a mental disorder,
the option of care and treatment on a single sex ward.>
Section 36
Mr Adam Ingram
149 In section 36, page 21, line 5, at end insert <; and
( ) ascertain the name and address of the patient's primary carer>
Mr Adam Ingram
150 In section 36, page 21, line 8, at end insert <; and
( ) ascertain the name and address of the patient's primary carer>
Section 39
Mr Adam Ingram
151 In section 39, page 22, line 28, after <shall> insert <, subject to subsection (2A) below,>
Mr Adam Ingram
152 In section 39, page 22, line 28, at end insert-
<(2A) In any case where, if the short-term detention certificate is revoked, the patient will be discharged from hospital, the responsible medical officer shall not revoke the certificate unless a written plan for the patient's care and support following discharge has been drawn up following consultation between the patient, the patient's carers and the responsible medical officer.>
Mr Adam Ingram
153 In section 39, page 22, line 33, at end insert <; and
<( ) any primary carer of the patient>
Section 42
Mr Adam Ingram
154 In section 42, page 24, line 23, at end insert <; and
<( ) any primary carer of the patient>
Section 50
Mr Adam Ingram
155 In section 50, page 28, line 30, after <patient's> insert <carers, including the>
Section 53
Mr Adam Ingram
156 In section 53, page 31, line 17, after <patient's> insert <carers, including the>
Mr Adam Ingram
157 In section 53, page 31, line 21, after <met> insert <and, in a case where subsection (5A) below applies, that all of the conditions mentioned in subsection (5B) below are met,>
Mr Adam Ingram
158 In section 53, page 32, line 8, leave out from <making> to end of line 9 and insert <necessary care and treatment cannot be provided by agreement with the patient, necessitating the making of a compulsory treatment order in respect of that patient>
Mr Adam Ingram
159 In section 53, page 32, line 9, at end insert <; and
<( ) that the treatment proposed is the least restrictive available that is compatible with the safe and effective care of the patient>
Mr Adam Ingram
160 In section 53, page 32, line 9, at end insert-
<(5A) This subsection applies where the Tribunal is proposing to make a compulsory treatment order that does not authorise the detention of the patient in hospital.
(5B) The conditions referred to in subsection (4) above are-
(a) that the patient has previously refused or intentionally failed to have medical treatment for mental disorder during a period when the patient was not subject to compulsory measures under this Act;
(b) that such refusal of or intentional failure to have medical treatment caused, or materially contributed to, a significant deterioration in the patient's condition; and
(c) that such deterioration caused a significant risk-
(i) to the health, safety or welfare of the patient; or
(ii) to the safety of any other person.>
Section 54
Mr Adam Ingram
161 In section 54, page 32, line 30, after <treatment> insert <subject to any exclusions or limitations the Tribunal considers appropriate>
Section 62
Mr Adam Ingram
162 In section 62, page 35, line 32, at end insert <and at least once every three months from the date on which the compulsory treatment order comes into effect>
Section 66
Mr Adam Ingram
163 In section 66, page 38, line 6, leave out <12> and insert <6>
Mr Adam Ingram
164 In section 66, page 38, line 8, leave out <12> and insert <6>
Section 68
Mr Adam Ingram
165 In section 68, page 39, line 29, leave out <12> and insert <6>
Mr Adam Ingram
166 In section 68, page 39, line 31, leave out <12> and insert <6>
Section 77
Mr Adam Ingram
167 In section 77, page 44, line 16, after <patient's> insert <carers, including the>
After section 185
Mr Adam Ingram
168 After section 185, insert-
<Provision of information about treatment to patient
(1) Any medical practitioner authorising medical treatment for mental disorder shall, before authorising that treatment, take all reasonable steps to ensure that the patient-
(a) understands the likely consequences of any form of medical treatment proposed by the medical practitioner;
(b) has been informed of any alternative forms of medical treatment for mental disorder that might reasonably be administered to the patient, and of their likely consequences; and
(c) is supplied with material in permanent form from which the patient may refresh the patient's understanding of the matters set out in paragraphs (a) and (b) above.
(2) This section applies whether or not the provisions in this Act on compulsory detention and compulsory treatment apply to the patient.>.
New amendments to Bills lodged on 3 January 2002
Local Government in Scotland Bill - Stage 3
Section 11
Mr Andy Kerr
56 In substitution for amendment 8--
In section 11, page 6, line 38, at end insert-
<(iii) in the case of the supply of goods or materials, where that supply is for the purpose of, or is incidental to the purpose of, enabling the authority to supply property or, as the case may be, provide a service; or
(iv) in any other case, where the Scottish Ministers have consented to the supply or provision.">
Section 16
Tricia Marwick
57 In section 16, page 11, line 16, after <persons> insert <(including youth work bodies and young persons)>
Tricia Marwick
58 In section 16, page 12, line 3, at end insert-
<"young persons" means persons below the age of 18 years; and
"youth work bodies" means bodies, whether or not formally constituted, established for purposes which consist of or include any or all of the following-
(a) promoting the interests of young persons resident or otherwise present in the area of the local authority;
(b) facilitating the personal, social and educational development of such young persons; and
(c) enabling them to express their views and otherwise contribute to society.>
Section 33
Mr Andy Kerr
59 In section 33, page 36, line 20, at end insert-
<(ya) in section 19 of the Fire Services Act 1947 (c.41), subsections (3) to (6), (8) and (8A) (which provide as to the functions of the Scottish Ministers in relation to the making and maintenance by fire authorities of establishment schemes for fire brigades);
(za) in section 36 of that Act, subsection (5A) (which makes similar provision where fire authority areas have been combined or divided);>
Section 34
Mr Andy Kerr
60 In substitution for amendment 47--
In section 34, page 37, line 17, after <5> insert <(other than sections (Arrangements and agreements with bodies corporate) and (Guidance on contractual matters)) and section 23A>
Mr Andy Kerr
61 In substitution for amendment 48--
In section 34, page 37, line 18, at end insert-
<( ) in Part 4 and sections (Arrangements and agreements with bodies corporate) and (Guidance on contractual matters), a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board and a joint police board;
( ) in Parts 4A (other than section 23A above) and 4D, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), a joint fire board, a joint police board and the Strathclyde Passenger Transport Authority;>
Section 35
Mr Andy Kerr
62 In section 35, page 37, line 25, after first <section> insert <, section (Paid time off for councillors not to be political donation)(1) and (2)>
Mental Health (Scotland) Bill - Stage 2
Before section 1
Mary Scanlon
105A As an amendment to amendment 105, leave out lines 18 to 32 and insert-
<(3A) Wherever possible, a patient who requires care, treatment and support for mental disorder shall be provided with such care, treatment or support without recourse to compulsory measures under this Act.
(3B) Compulsory measures under this Act may be authorised or applied only if the person responsible for authorising or applying them is satisfied that they will benefit the patient and that such benefit cannot reasonably be achieved without the use of such measures.
(3C) Persons making decisions and exercising functions under this Act in relation to a patient shall, in so far as may be relevant to such decisions and functions-
(a) subject only to any limitations resulting from the mental disorder of the patient, permit and enable the patient to participate fully in any assessment, medical treatment, care and support provided by virtue of this Act;
(b) provide to the patient, in the manner which renders it most likely to be understood by the patient, all information and support which is necessary to enable the patient to participate as mentioned in paragraph (a) above; and
(c) provide to the patient's carers in the manner which renders it most likely to be understood by them, such information and advice as may be necessary to enable them to provide, or continue to provide, appropriate care and support to the patient.
(3D) A person authorising or applying any compulsory measures, or discharging any powers or functions, under this Act shall-
(a) ensure that the same rights and entitlements are accorded to the patient as to a person with other health needs, in so far as it is reasonable and practicable to do so; and
(b) provide care, medical treatment and support to the patient in a manner which accords respect to the patient's individual qualities, abilities and background and properly takes into account the patient's age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.>
Mary Scanlon
105B As an amendment to amendment 105, line 58, leave out <have regard to the importance of> and insert <ensure>
Mary Scanlon
105C As an amendment to amendment 105, line 80, leave out subsection (10)
Schedule 1
Mrs Mary Mulligan
169 In schedule 1, page 155, line 19, leave out from beginning to <regulations> in line 20 and insert <Subject to sub-paragraph (2) below, regulations may>
Mrs Mary Mulligan
170 In schedule 1, page 155, line 30, at end insert-
<(2) Before making regulations under sub-paragraph (1) above, the Scottish Ministers shall consult such persons, or groups of persons, as they consider appropriate.>
Section 3
Mary Scanlon
171 In section 3, page 2, line 35 at end insert <exercise protective functions in respect of any persons who may, by reason of mental disorder, be incapable of adequately protecting their persons or their interests and, without prejudice to the generality of the foregoing, shall>
Section 5
Mary Scanlon
172 In section 5, page 3, line 8 at end insert-
<( ) the Scottish Parliament;>
Mary Scanlon
173 In section 5, page 3, line 11 at end insert-
<( ) NHS Quality Improvement Scotland;>
Section 7
Mary Scanlon
174 In section 7, page 4, line 9, after <Board;> insert-
( ) the Scottish Commission for the Regulation of Care;>
Section 10
Mary Scanlon
175 In section 10, page 6, line 10, leave out <1> and insert <3>
Schedule 2
Mary Scanlon
176 In schedule 2, page 156, line 7, leave out <Scottish Ministers> and insert <Lord President of the Court of Session>
Mary Scanlon
177 In schedule 2, page 156, line 24, leave out <Scottish Ministers> and insert <Lord President of the Court of Session>
Mary Scanlon
178 In schedule 2, page 156, line 29, leave out <Scottish Ministers> and insert <Lord President>
Mary Scanlon
179 In schedule 2, page 157, line 9, leave out <Scottish Ministers> and insert <Lord President of the Court of Session>
Section 19
Mary Scanlon
180 In section 19, page 10, line 11, at end insert <and as having knowledge of relevant mental health legislation, and experience of its application.>
Section 31
Mary Scanlon
181 In section 31, page 17, line 19, at end insert <and that such a determination could not be made if the patient were not so detained;>
Mrs Mary Mulligan
182 In section 31, page 17, line 34, at end insert-
<(7A) If a medical practitioner grants an emergency detention certificate in respect of a patient who, immediately before the certificate is granted, is in hospital, the medical practitioner shall, as soon as practicable after granting the certificate, give the certificate to the managers of that hospital.>
Section 33
Mrs Mary Mulligan
183 In section 33, page 18, line 35, at end insert-
<( ) Where immediately before the emergency detention certificate was granted the patient had a responsible medical officer, the person appointed under subsection (2A) above may be that responsible medical officer.>
Mrs Mary Mulligan
184 In section 33, page 18, line 37, leave out <all of>
Mrs Mary Mulligan
185 In section 33, page 18, line 38, leave out <31(4) and (5)> and insert <31(4)(a) and (b) and (5)(b)>
Mrs Mary Mulligan
186 In section 33, page 18, line 38, leave out <are> and insert <continue to be>
Mrs Mary Mulligan
187 In section 33, page 18, line 38, after <patient> insert <; or
(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate>
After section 34
Mrs Mary Mulligan
188 After section 34, insert-
<Commission's power to revoke emergency detention certificate
Where-
(a) the detention of a patient in hospital is authorised by an emergency detention certificate; and
(b) the Commission is satisfied-
(i) that not all of the conditions mentioned in section 31(4)(a) and (b) and (5)(b) of this Act continue to be met in respect of the patient; or
(ii) that it does not continue to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the Commission may revoke the emergency detention certificate.>
Mrs Mary Mulligan
189 After section 34, insert-
<Revocation of emergency detention certificate: notification
Where the Commission revokes a certificate under section (Commission's power to revoke emergency detention certificate) of this Act, it shall, as soon as practicable after doing so, give notice of the revocation to-
(a) the patient;
(b) the patient's named person;
(c) the managers of the hospital in which the patient is detained; and
(d) the local authority for the area in which the hospital in which the patient is detained is situated.>
Section 35
Mary Scanlon
190 In section 35, page 19, line 36, after <may> insert <, before the expiry of 72 hours beginning with the completion of the medical examination,>
Mary Scanlon
191 In section 35, page 20, line 11, after <consents> insert <in writing>
Mary Scanlon
192 In section 35, page 20, line 18, at end insert-
<and that such determination cannot be made or treatment given unless the patient is detained under this part of this Act>
Mrs Mary Mulligan
193 In section 35, page 20, line 30, at end insert-
<( ) If an approved medical practitioner grants a short-term detention certificate in respect of a patient who, immediately before the certificate is granted, is in hospital, the approved medical practitioner shall, as soon as practicable after granting the certificate, give the certificate to the managers of that hospital.>
Mary Scanlon
194 In section 35, page 20, line 40, at end insert-
<( ) The periods of days referred to in paragraphs (a) and (b) of subsection (5) above are to be regarded as beginning at the time when the event referred to in the relevant paragraph occurred and ending at the same time on the relevant later day.>
Section 39
Mrs Mary Mulligan
195 In section 39, page 22, line 17, after <certificate> insert <or an extension certificate>
Mrs Mary Mulligan
196 In section 39, page 22, line 18, leave out <to> and insert <, (b) and>
Mrs Mary Mulligan
197 In section 39, page 22, line 20, leave out from <a> to end of line 21 and insert <the detention in hospital of the patient to be authorised by the certificate>
Mrs Mary Mulligan
198 In section 39, page 22, line 23, leave out <determines> and insert <is not satisfied>
Mrs Mary Mulligan
199 In section 39, page 22, line 24, leave out <not all of>
Mrs Mary Mulligan
200 In section 39, page 22, line 26, leave out from <is> to <detention> in line 27 and insert <continues to be necessary for the detention in hospital of the patient to be authorised by the>
Mrs Mary Mulligan
201 In section 39, page 22, line 28, leave out <short-term detention>
Mrs Mary Mulligan
202 In section 39, page 22, line 29, leave out <the short-term detention certificate> and insert <a certificate under subsection (2) above>
Mrs Mary Mulligan
203 In section 39, page 22, line 33, at end insert <; and
( ) the mental health officer who was consulted under section 35(3)(b) of this Act>
Mrs Mary Mulligan
204 Move section 39 to after section 42
Section 40
Mrs Mary Mulligan
205 In section 40, page 22, line 39, at end insert <or an extension certificate>
Mrs Mary Mulligan
206 In section 40, page 23, line 4, leave out from <that> to <patient> in line 6 and insert-
<(a) that the conditions mentioned in paragraphs (a), (b) and (d) of section 35(4) of this Act continue to be met in respect of the patient; or
(b) that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate>
Mrs Mary Mulligan
207 In section 40, page 23, line 6, leave out <short-term detention>
Mrs Mary Mulligan
208 In section 40, page 23, line 6, at end insert-
<( ) Where before a short-term detention certificate is revoked under subsection (2) above an extension certificate has been granted in respect of the patient, the revocation of the short-term detention certificate shall have the effect of revoking the extension certificate, notwithstanding that there has been no application under subsection (1) above in relation to the extension certificate.>
Mrs Mary Mulligan
209 Move section 40 to after section 42
Section 41
Mrs Mary Mulligan
210 In section 41, page 23, line 16, leave out <this section and in section 42 of>
Mrs Mary Mulligan
211 In section 41, page 23, line 17, leave out from <detention> to end of line 19 and insert <measures mentioned in subsection (3A) below>
Mary Scanlon
212 In section 41, page 23, line 23, leave out <change> and insert <deterioration>
Mrs Mary Mulligan
213 In section 41, page 23, line 34, at end insert-
<(3A) The measures referred to in subsection (1) above are-
(a) the detention in hospital of the patient for the period of 3 days beginning with the day on which the short-term detention certificate ceases to authorise the detention of the patient in hospital; and
(b) the giving to the patient, in accordance with Part 13 of this Act, of medical treatment.>
Mary Scanlon
213A As an amendment to amendment 213, line 3, leave out <with the day on> and insert <at the time at>
Mrs Mary Mulligan
214 In section 41, page 23, line 37, leave out <(1)> and insert <(3A)(a)>
Section 42
Mrs Mary Mulligan
215 In section 42, page 24, line 23, at end insert <; and
( ) the local authority for the area in which the patient resides>
After section 42
Mrs Mary Mulligan
216 After section 42, insert-
<Commission's power to revoke short-term detention certificate or extension certificate
Where-
(a) the detention of a patient in hospital is authorised by a short-term detention certificate or an extension certificate; and
(b) the Commission is satisfied-
(i) that not all of the conditions mentioned in paragraphs (a), (b) and (d) of section 35(4) of this Act continue to be met in respect of the patient; or
(ii) that it does not continue to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the Commission may revoke the certificate.>
Mrs Mary Mulligan
217 After section 42, insert-
<Revocation of short-term detention certificate or extension certificate: notification
Where the Commission revokes a certificate under section (Commission's power to revoke short-term detention certificate or extension certificate) of this Act, it shall, as soon as practicable after doing so, give notice of the revocation to-
(a) the patient;
(b) the patient's named person;
(c) the managers of the hospital in which the patient is detained; and
(d) the mental health officer who was consulted under section 35(3)(b) of this Act.>
Section 65
Mr Adam Ingram
218 In section 65, page 37, line 15, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 69
Mr Adam Ingram
219 In section 69, page 40, line 1, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 72
Mr Adam Ingram
220 In section 72, page 41, line 14, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 83
Mr Adam Ingram
221 In section 83, page 47, line 25, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 86
Mr Adam Ingram
222 In section 86, page 49, line 40, at end insert-
<( ) ascertain the name and address of the patient's primary carer;>
Section 87
Mr Adam Ingram
223 In section 87, page 51, line 11, after <patient's> insert <carers, including the>
Section 188
Mr Adam Ingram
224 In section 188, page 122, line 8, after <person;> insert-
<( ) that person's primary carer;>
Section 110
Mr Adam Ingram
225 In section 110, page 83, line 2, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 130
Mr Adam Ingram
226 In section 130, page 90, line 16, after <person;> insert-
<( ) the patient's primary carer;>
Section 131
Mr Adam Ingram
227 In section 131, page 90, line 32, at end insert-
<( ) the name and address of the patient's primary carer;>
Section 133
Mr Adam Ingram
228 In section 133, page 92, line 37, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 142
Mr Adam Ingram
229 In section 142, page 95, line 34, at end insert-
<( ) the patient's carers, including the primary carer;>
Section 145
Mr Adam Ingram
230 In section 145, page 98, line 13, at end insert-
<( ) the patient's named person; and
( ) the patient's carers, including the primary carer>
Section 148
Mr Adam Ingram
231 In section 148, page 98, line 36, at end insert <and primary carer>
Section 156
Mr Adam Ingram
232 In section 156, page 103, line 3, at end insert-
<( ) the offender patient's carers, including the primary carer>
Section 228
Mrs Mary Mulligan
233 In section 228, page 150, line 4, at end insert-
<"extension certificate" has the meaning given by section 41(1) of this Act;>
Proposals for Members' Bills
Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters' names shown in bold. The member who lodged such a proposal has the right to introduce a Member's Bill to give effect to that proposal under rule 9.14.
Bill Butler: Proposed Direct Elections to National Health Service Boards (Scotland) Bill-Proposal for a Bill to require direct elections, for the public, to the majority of places on National Health Service Boards in Scotland (lodged 19 December 2002).
Supported by: Cathie Craigie, Margaret Jamieson, Scott Barrie, Jackie Baillie, Kate Maclean, Karen Whitefield, Mr Tom McCabe, Marilyn Livingstone, Paul Martin, Elaine Thomson, Helen Eadie, Johann Lamont, Pauline McNeill, Brian Fitzpatrick, Mr Michael McMahon, Karen Gillon, Janis Hughes
Business Bulletin No. 1/2003
Monday 6 January 2003
Section H : New Documents
Subordinate Legislation
Negative Instruments
The following instruments were laid before the Parliament on 23 December 2002 and are subject to annulment-
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002 (SSI 2002/564)
laid under section 16(6) of the Plant Varieties and Seeds Act 1964
The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002 (SSI 2002/565)
laid under section 2(2) of schedule 2 to the European Communities Act 1972
Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 (SSI 2002/567)-
Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568)-
laid under section 40 of the Sheriff Courts (Scotland) Act 1907
Other Documents
The following documents were laid before the Parliament on 20 December 2002 and are not subject to any Parliamentary procedure-
Water Industry Commissioner for Scotland Annual Accounts 2001-02 (SE/2002/335)-
Scottish Executive Finance and Central Services Department Non-Domestic Rating Account 2001-02 (SE/2002/349)-
laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000
The following documents were laid before the Parliament on 23 December 2002 and are not subject to any Parliamentary procedure-
Forestry Commission Scotland Annual Report and Accounts 2001-02 (SE/2002/57)-
Scottish Executive Core Departments' Resource Accounts for the year ended 31 March 2002 (SE/2002/333)-
Scottish Executive Consolidated Resource Accounts for the year ended 31 March 2002 (SE/2002/334)-
laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000
The St Mary's Episcopal Primary School (End of Self Governing Status) Amendment (No.3) Order 2002 (SE/2002/214)
Report by the Auditor General for Scotland on the 2001-02 Audit of the Scottish Executive Consolidated Resource Accounts for the year ended 31 March 2002 (SE/2002/350)
Report by the Auditor General for Scotland on the 2001-02 Audit of the Scottish Executive Core Departments' Resource Accounts for the year ended 31 March 2002 (SE/2002/351)
Scottish Conveyancing and Executry Services Board Annual Report and Accounts 2001-02 (SE/2002/337)
laid under paragraph 14 of schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
Committee Reports
The following Report is being published on 6 January 2003-
Subordinate Legislation Committee, 1st Report 2003: The Commissioner for Children and Young People (Scotland) Bill at Stage 1 (SP Paper 733)
European Documents
Members wishing to see a list of European documents received in the Parliament should contact the clerk to the European Committee (stephen.imrie@scottish.parliament.uk). Members are reminded that a complete set of all documents received is held by SPICe in G15, PHQ and copies can be made available on request. Additionally, SPICe holds a set of Briefing Papers produced primarily for MEPs covering the views of the UK Government on proposals for EC/EU legislation. These are now being made available to all MSPs and parliamentary staff. Copies can be obtained on the SPICe page of the Parliament's intranet.
Business Bulletin No. 1/2003
Monday 6 January 2003
Section J: Parliamentary Bureau: Note of Decisions
NOTE OF DECISIONS TAKEN AT THE MEETING OF THE PARLIAMENTARY BUREAU: 17 december 2002 AT 2.30 PM
Members:
Presiding Officer Sir David Steel (in the chair)
Deputy Presiding Officer George Reid
Deputy Presiding Officer Murray Tosh
Labour Party Business Manager Patricia Ferguson
Scottish National Party Business Manager Fiona Hyslop
Scottish Conservative and Unionist Party
Business Manager Alex Johnstone
Liberal Democrat Party Business Manager Euan Robson
Future Business Programme
It was agreed to recommend to the Parliament future business for the weeks commencing 6 and 13 January 2003. (for text of motion see Section F of the Business Bulletin for 18 December 2002).
Procedural Motions
It was agreed to recommend to the Parliament that the draft Proceeds of Crime Act 2002 (Cash searched: Constables in Scotland: Code of Practice) Order 2002 be approved.
It was also agreed to recommend to the Parliament that the Justice 2 Committee be designated as lead committee in consideration of the Extended Sentences for Violent Offenders (Scotland) Order 2003.
Timetabling of Bills
It was agreed to recommend to the Parliament that Stage 2 of the Mental Health (Scotland) Bill be completed by 19 February 2003.
Date of Next Meeting
It was agreed that the next meeting would be at 2.30 pm on 7 January 2003.
Lee Bridges
Clerk to the Parliamentary Bureau
17 December 2002
Business Bulletin No. 1/2003
Monday 6 January 2003
Section K : Progress of Parliamentary Business
For further information on the progress of Bills, subordinate legislation and committees shown in this section, please contact either the relevant clerk or web site (end of Section for addresses)
Bills in Progress
Note: Where a Bill is listed below with a date for Stage 2 (or for a day at that Stage), the deadline for lodging amendments for that Stage (or that day) is 2.00 pm, two sitting days earlier (e.g. 2.00 pm on Monday for a Stage 2 meeting on Wednesday). Where a Bill is listed with a date for Stage 3, the deadline is 4.30 pm, three sitting days earlier. Amendments should be lodged with the clerks to the Stage 2 committee. (Equivalent deadlines apply in relation to the Consideration and Final Stages of Private Bills.)
Agricultural Holdings (Scotland) Bill
Stage 2, Day 1 (Rural Development Committee) 14 January
Building (Scotland) Bill
Stage 2 (Day 2, Transport and the Environment Committee) 8 January
Commissioner for Children and Young People (Scotland) Bill
Stage 1 (debate, meeting of the Parliament) 15 January
Council of the Law Society of Scotland Bill
Stage 1 (debate, meeting of the Parliament) 9 January
Criminal Justice (Scotland) Bill
Stage 2 completed 18 December
Dog Fouling (Scotland) Bill
Stage 1 (debate, meeting of the Parliament) 16 January
Gaelic Language (Scotland) Bill
Stage 1 (evidence, Education, Culture and Sport Committee) 7 January
Homelessness etc. (Scotland) Bill
Stage 2 (Day 1, Social Justice Committee) 15 January
Land Reform (Scotland) Bill
Stage 2 completed 5 November
Local Government in Scotland Bill
Stage 3 8 January
Mental Health (Scotland) Bill
Stage 2 (Day 1, Health and Community Care Committee) 8 January
National Galleries of Scotland Bill
Preliminary Stage (National Galleries of Scotland Bill Committee) 9 January
Organic Farming Targets (Scotland) Bill
Stage 1 (Rural Development Committee) 7 January
Proportional Representation (Local Government Elections) (Scotland) Bill
Stage 1 Report published (Local Government Committee) 19 December
Prostitution Tolerance Zones (Scotland) Bill
Stage 1 (evidence, Local Government Committee) 7 January
Protection of Children (Scotland) Bill
Stage 2 completed 10 December
Public Appointments and Public Bodies etc. (Scotland) Bill
Stage 2 completed 17 December
Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill
Preliminary Stage (debate, meeting of the Parliament) 9 January
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill
Stage 1 (Salmon and Freshwater Fisheries (Consolidation)
(Scotland) Bill Committee) 7 January
Title Conditions (Scotland) Bill
Stage 2 (Day 3, Justice 1 Committee) 14 January
Water Environment and Water Services (Scotland) Bill
Stage 2 completed 11 December
Subordinate legislation in progress
(date of laying) (Lead Committee)
Affirmative Instruments
Subject to approval by resolution by 19 January 2002
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No.16) (Scotland) Order 2002 (SSI 2002/544) (11 December 2002) (Health and Community Care)
Subject to approval by resolution by 23 January 2003
The draft Scottish Parliament (Disqualification) Order 2003 (3 December 2002) (Parliament)
Subject to approval by resolution by 25 January 2003
The draft Extended Sentences for Violent Offenders (Scotland) Order 2003 (5 December 2002) (Justice 2)
Subject to approval by resolution by 1 February 2003
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (12 December 2002) (Justice 1)
Negative Instruments
Subject to annulment by 12 January 2003
The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2002 (SSI 2002/518) (22 November 2002) (Rural Development)
Subject to annulment by 15 January 2003
Act of Sederunt (Fees of Sheriff Officers) 2002 (SSI 2002/515) (25 November 2002) (Justice 2)
Subject to annulment by 17 January 2003
The Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002 (SSI 2002/520) (27 November 2002) (Rural Development)
Subject to annulment by 18 January 2003
The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Amendment Regulations 2002 (SSI 2002/521) (Local Government)
The Scottish Local Government Elections Amendment Rules 2002 (SSI 2002/522) (28 November 2002) (Local Government)
Subject to annulment by 22 January 2003
The Kava-kava in Food (Scotland) Regulations 2002 (SSI 2002/523) (2 December 2002) (Health and Community Care)
The Food Labelling Amendment (Scotland) Regulations 2002 (SSI 2002/524) (2 December 2002) (Health and Community Care)
The Seeds (Fees) (Scotland) Regulations 2002 (SSI 2002/526) (2 December 2002) (Rural Development)
The Smoke Control Areas (Authorised Fuels) (Scotland) Amendment Regulations 2002 (SSI 2002/527) (2 December 2002) (Transport and the Environment)
The Road Traffic (NHS Charges) Amendment (No.2) (Scotland) Regulations 2002 (SSI 2002/528) (2 December 2002) (Health and Community Care)
The Poultry Breeding Flocks, Hatcheries and Animal By-Products (Fees) (Scotland) Order 2002 (SSI 2002/529) (2 December 2002) (Rural Development)
The Sheep and Goats Identification (Scotland) Amendment (No.2) Regulations 2002 (SSI 2002/531) (2 December 2002) (Rural Development)
The Community Care (Joint Working etc.) (Scotland) Regulations 2002 (SSI 2002/533) (2 December 2002) (Health and Community Care)
The NHS Quality Improvement Scotland Order 2002 (SSI 2002/534) (2 December 2002) (2 December 2002) (Health and Community Care)
The NHS Quality Improvement Scotland (Transfer of Officers) Regulations 2002 (SSI 2002/534) (2 December 2002) (Health and Community Care)
The Plant Protection Products Amendment (No.3) (Scotland) Regulations 2002 (SSI 2002/537) (2 December 2002) (Rural Development)
Subject to annulment by 24 January 2003
The Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 (SSI 2002/538) (4 December 2002) (Transport and the Environment)
Subject to annulment by 31 January 2003
The Designation of Nitrate Vulnerable Zones (Scotland) (No.2) Regulations 2002 (SSI 2002/546) (11 December 2002) (Transport and the Environment)
Subject to annulment by 2 February 2003
The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Amendment Regulations 2002 (SSI 2002/547) (13 December 2002) (Transport and the Environment)
The School Crossing Patrol Sign (Scotland) Regulations 2002 (SSI 2002/549) (13 December 2002) (Transport and the Environment)
The Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2002 (SSI 2002/548) (13 December 2002) (Transport and the Environment)
Subject to annulment by 6 February 2003
The Air Quality Limit Values (Scotland) Amendment Regulations 2002 (SSI 2002/556) (17 December 2002) (Transport and the Environment)
Subject to annulment by 12 February 2003
The Seeds (Miscellaneous Amendments) (No.2) (Scotland) Regulations 2002 (SSI 2002/564) (23 December 2002)
The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002 (SSI 2002/565) (23 December 2002)
Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 (SSI 2002/567) (23 December 2002)
Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No.4) 2002 (SSI 2002/568) (23 December 2002)
Committee Business
Dates indicate when the next meeting is due to take place by each Committee.
Audit 7 January
Education, Culture and Sport 7 January
Enterprise and Lifelong Learning 8 January
Equal Opportunities 14 January
European 14 January
Finance 8 January
Health and Community Care 8 January
Justice 1 14 January
Justice 2 8 January
Local Government 7 January
Procedures 7 January
Public Petitions 14 January
Rural Development 7 January
Social Justice 15 January
Standards 15 January
Subordinate Legislation 7 January
Transport and Environment 8 January
[CENSORED: table inserted here in original giving contact information]
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Scottish Parliament: Business Bulletin 1/2003. 2024. In The Scottish Corpus of Texts & Speech. Glasgow: University of Glasgow. Retrieved 19 April 2024, from http://www.scottishcorpus.ac.uk/document/?documentid=1225.
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Scottish Parliament: Business Bulletin 1/2003
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