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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.

 


 
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