House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

2379

House of Commons

Notices of Amendments

given on

Tuesday 14 June 2011

For other Amendment(s) see the following page(s) of Supplement to Votes:

1641-46, 1647-49, 1663, 2279-80 and 2329

Consideration of Bill

Scotland Bill, As Amended

Composition of Scottish Parliament

Mr Brian H. Donohoe

NC11

To move the following Clause:—

‘In Schedule 1 to the Scotland Act 1998, as substituted by Schedule 1 to the

Scottish Parliament (Constituencies) Act 2004—

(a)
for paragraph 1 there is substituted—

“1
The constituencies for the purposes of this Act are—

(a)
the Orkney Islands,

(b)
the Shetland Islands, and

(c)
the parliamentary constituencies in Scotland, except a

parliamentary constituency including either of those

islands.”;

(b)
in paragraph 2(3) for “seven” there is substituted the word “five”;

(c)
Paragraphs 3 to 14 are omitted.’.

Exercise of power to make Order disqualifying persons from membership of the

Parliament

Mr Secretary Moore

NC12

To move the following Clause:—

‘(1)
The 1998 Act is amended as follows.

(2)
In section 112 (subordinate legislation: general), after subsection (5) insert—

“(6)
Section 27 of the Interpretation and Legislative Reform (Scotland) Act

2010 (asp 10) (functions exercisable by Scottish statutory instrument)

Notices of Amendments: 14 June 2011
2380

Scotland Bill, continued

applies to the function of making an Order in Council under section 15(1)

or (2).”

(3)
In section 92 (Queen’s Printer for Scotland), after subsection (4) insert—

“(4A)
For the purposes of subsection (4)(c), the function of Her Majesty of

making an Order in Council under section 15(1) or (2) (power to specify

persons disqualified from membership of the Parliament) is to be

regarded as being exercisable within devolved competence.”

(4)
In section 104 (power to make provision consequential on legislation of, or

scrutinised by, the Parliament), after subsection (2) insert—

“(3)
For the purposes of subsection (2)(c), the function of Her Majesty of

making an Order in Council under section 15(1) or (2) (power to specify

persons disqualified from membership of the Parliament) is to be

regarded as being exercisable within devolved competence.”

(5)
In Schedule 4 (enactments etc protected from modification), in paragraph 11

(general exceptions: subordinate legislation), after sub-paragraph (3) insert—

  “(4)
For the purposes of sub-paragraph (3)(c), the function of Her Majesty

of making an Order in Council under section 15(1) or (2) (power to

specify persons disqualified from membership of the Parliament) is to

be regarded as being exercisable within devolved competence.”’.

The Lord Advocate: Convention rights and Community law

Mr Secretary Moore

NC13

To move the following Clause:—

‘(1)
The 1998 Act is amended as follows.

(2)
In section 57(3) (Community law and Convention rights: excepted acts of the

Lord Advocate), omit the words after paragraph (b).

(3)
After section 98 insert—

“98A
The Lord Advocate and Convention rights etc: criminal appeals

(1)
This section applies to an act or failure to act of the Lord Advocate—

(a)
in prosecuting any offence, or

(b)
in the capacity of head of the system of criminal prosecution in

Scotland.

(2)
In this section “compatibility” means the compatibility of such an act or

failure to act with any of the Convention rights or with Community law.

(3)
For the purpose of determining any question relating to compatibility, an

appeal shall lie to the Supreme Court against a determination by a court

of two or more judges of the High Court of Justiciary.

(4)
An appeal under this section lies from such a court only with the

permission of that court or, failing such permission, with permission of

the Supreme Court.

(5)
Where the High Court’s determination was on an appeal under section

106 of the Criminal Procedure (Scotland) Act 1995 (appeal from solemn

proceedings), subsections (3) to (3D) of that section apply in accordance

with subsections (7) and (8) below.

Notices of Amendments: 14 June 2011
2381

Scotland Bill, continued

(6)
Where the High Court’s determination was on an appeal under

subsection (2) of section 175 of that Act (appeal from summary

proceedings), subsections (5) to (5D) of that section apply in accordance

with subsection (7) and (8) below.

(7)
The subsections of the 1995 Act referred to in subsections (5) and (6)

above (appeal to be on grounds of miscarriage of justice) apply to the

Supreme Court in relation to an appeal under this section as they apply to

the High Court in relation to any appeal.

(8)
But an alleged miscarriage of justice may not be brought under review of

the Supreme Court by virtue of subsection (7) except for the purpose of

determining a question relating to compatibility.

(9)
In relation to an appeal under this section, the Supreme Court has all the

powers of the court below and may (in consequence of determining a

question relating to compatibility)—

(a)
affirm, set aside or vary any order or judgment made or given by

that court;

(b)
remit any issue for determination by that court;

(c)
order a new trial or hearing.”

(4)
In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert—


“But a question whether an act or failure to act is, or would be,

incompatible with any of the Convention rights or with Community

law is not a devolution issue if it is an act or failure to act of the Lord

Advocate in prosecuting any offence or in the capacity of head of the

systems of criminal prosecution and investigation of deaths in

Scotland.”

(5)
The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(6)
In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), for “paragraph

13(a) of Schedule 6 to the Scotland Act 1998” substitute “section 98A of the

Scotland Act 1998 or paragraph 13(a) of Schedule 6 to that Act”.

(7)
In section 124(2)—

(a)
for “and paragraph 13(a) of Schedule 6 to the Scotland Act 1998”

substitute “, section 98A of the Scotland Act 1998 and paragraph 13(a)

of Schedule 6 to that Act”;

(b)
after “appeal under” insert “section 98A of that Act or”.

(8)
In section 288A—

(a)
in subsection (1) omit “in pursuance of paragraph 6 of Schedule 6 to the

Scotland Act 1998 (devolution issues)”;

(b)
for subsection (2) substitute—

“(2)
Where the Advocate General for Scotland was a party in

pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998

(devolution issues), the Advocate General may refer to the High

Court for their opinion any devolution issue which has arisen in

the proceedings.

(2A)
Whether or not subsection (2) applies, the Advocate General for

Scotland may refer to the High Court for their opinion any

question which has arisen in the proceedings as to whether an act

or failure to act of the Lord Advocate in prosecuting in the

proceedings or in the capacity of head of the system of criminal

prosecution in Scotland was incompatible with any of the

Convention rights or with Community law.

Notices of Amendments: 14 June 2011
2382

Scotland Bill, continued

(2B)
If a reference is made under subsection (2) or (2A) the Clerk of

Justiciary shall send to the person acquitted or convicted and to

any solicitor who acted for that person at the trial a copy of the

reference and intimation of the date fixed by the Court for a

hearing.”;

(c)
in subsection (6) after “(2)” insert “or (2A)”.

(9)
In section 288B(1)—

(a)
for “paragraph 13(a) of Schedule 6 to the Scotland Act 1998” substitute

“section 98A of the Scotland Act 1998 or paragraph 13(a) of Schedule 6

to that Act”;

(b)
omit “of a devolution issue”.’.

Power to vary retrospective decisions about non-legislative acts

Mr Secretary Moore

NC14

To move the following Clause:—

‘In section 102 of the 1998 Act (powers of courts or tribunals to vary retrospective

decisions), in subsection (1) at the end add “, or

(c)
any other purported exercise of a function by a member of the

Scottish Government was outside devolved competence.”’.

Mr Secretary Moore

30

Page  3,  line  32  [Clause  3],  leave out ‘instrument containing the’.

Mr Secretary Moore

31

Page  22,  line  9  [Clause  27],  at end insert—

‘( )
In section 989 (definitions), in the definitions of “additional rate”, “basic rate”

and “higher rate”, after “section 6(2)” insert “or (2B)”.’.

Mr Secretary Moore

32

Page  25,  line  16  [Clause  32],  at end insert—

‘( )
After subsection (4) insert—

“(5)
The Secretary of State may by order made with the consent of the

Treasury amend subsection (1A) so as to vary the means by which the

Scottish Ministers may borrow money.”’.

Mr Secretary Moore

33

Page  25,  line  42  [Clause  32],  at end insert—

‘( )
In section 114(1) (powers which may be exercised by modifying the 1998 Act),

after “sections” insert “66(5),”’.

Mr Secretary Moore

34

Page  26,  line  1  [Clause  32],  leave out ‘place’ and insert ‘places’.

Notices of Amendments: 14 June 2011
2383

Scotland Bill, continued

Mr Secretary Moore

35

Page  26,  line  1  [Clause  32],  at end insert—

‘“Section 66(5)
Type E”; and’.

Mr Secretary Moore

36

Page  28,  line  5,  leave out Clause 37.



© Parliamentary copyright	Revised 15 June 2011