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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 1641-46, 1647-49, 1663, 2279-80 and 2329 |
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| Scotland Bill, As Amended |
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| | Composition of Scottish Parliament |
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| To move the following Clause:— |
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| | ‘In Schedule 1 to the Scotland Act 1998, as substituted by Schedule 1 to the |
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| | Scottish Parliament (Constituencies) Act 2004— |
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| | (a) | for paragraph 1 there is substituted— |
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| | “1 | The constituencies for the purposes of this Act are— |
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| | (b) | the Shetland Islands, and |
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| | (c) | the parliamentary constituencies in Scotland, except a |
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| | parliamentary constituency including either of those |
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| | (b) | in paragraph 2(3) for “seven” there is substituted the word “five”; |
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| | (c) | Paragraphs 3 to 14 are omitted.’. |
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| | Exercise of power to make Order disqualifying persons from membership of the |
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| To move the following Clause:— |
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| | ‘(1) | The 1998 Act is amended as follows. |
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| | (2) | In section 112 (subordinate legislation: general), after subsection (5) insert— |
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| | “(6) | Section 27 of the Interpretation and Legislative Reform (Scotland) Act |
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| | 2010 (asp 10) (functions exercisable by Scottish statutory instrument) |
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| | applies to the function of making an Order in Council under section 15(1) |
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| | (3) | In section 92 (Queen’s Printer for Scotland), after subsection (4) insert— |
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| | “(4A) | For the purposes of subsection (4)(c), the function of Her Majesty of |
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| | making an Order in Council under section 15(1) or (2) (power to specify |
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| | persons disqualified from membership of the Parliament) is to be |
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| | regarded as being exercisable within devolved competence.” |
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| | (4) | In section 104 (power to make provision consequential on legislation of, or |
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| | scrutinised by, the Parliament), after subsection (2) insert— |
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| | “(3) | For the purposes of subsection (2)(c), the function of Her Majesty of |
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| | making an Order in Council under section 15(1) or (2) (power to specify |
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| | persons disqualified from membership of the Parliament) is to be |
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| | regarded as being exercisable within devolved competence.” |
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| | (5) | In Schedule 4 (enactments etc protected from modification), in paragraph 11 |
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| | (general exceptions: subordinate legislation), after sub-paragraph (3) insert— |
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| | “(4) | For the purposes of sub-paragraph (3)(c), the function of Her Majesty |
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| | of making an Order in Council under section 15(1) or (2) (power to |
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| | specify persons disqualified from membership of the Parliament) is to |
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| | be regarded as being exercisable within devolved competence.”’. |
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| | The Lord Advocate: Convention rights and Community law |
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| To move the following Clause:— |
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| | ‘(1) | The 1998 Act is amended as follows. |
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| | (2) | In section 57(3) (Community law and Convention rights: excepted acts of the |
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| | Lord Advocate), omit the words after paragraph (b). |
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| | (3) | After section 98 insert— |
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| | “98A | The Lord Advocate and Convention rights etc: criminal appeals |
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| | (1) | This section applies to an act or failure to act of the Lord Advocate— |
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| | (a) | in prosecuting any offence, or |
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| | (b) | in the capacity of head of the system of criminal prosecution in |
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| | (2) | In this section “compatibility” means the compatibility of such an act or |
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| | failure to act with any of the Convention rights or with Community law. |
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| | (3) | For the purpose of determining any question relating to compatibility, an |
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| | appeal shall lie to the Supreme Court against a determination by a court |
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| | of two or more judges of the High Court of Justiciary. |
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| | (4) | An appeal under this section lies from such a court only with the |
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| | permission of that court or, failing such permission, with permission of |
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| | (5) | Where the High Court’s determination was on an appeal under section |
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| | 106 of the Criminal Procedure (Scotland) Act 1995 (appeal from solemn |
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| | proceedings), subsections (3) to (3D) of that section apply in accordance |
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| | with subsections (7) and (8) below. |
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| | (6) | Where the High Court’s determination was on an appeal under |
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| | subsection (2) of section 175 of that Act (appeal from summary |
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| | proceedings), subsections (5) to (5D) of that section apply in accordance |
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| | with subsection (7) and (8) below. |
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| | (7) | The subsections of the 1995 Act referred to in subsections (5) and (6) |
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| | above (appeal to be on grounds of miscarriage of justice) apply to the |
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| | Supreme Court in relation to an appeal under this section as they apply to |
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| | the High Court in relation to any appeal. |
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| | (8) | But an alleged miscarriage of justice may not be brought under review of |
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| | the Supreme Court by virtue of subsection (7) except for the purpose of |
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| | determining a question relating to compatibility. |
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| | (9) | In relation to an appeal under this section, the Supreme Court has all the |
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| | powers of the court below and may (in consequence of determining a |
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| | question relating to compatibility)— |
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| | (a) | affirm, set aside or vary any order or judgment made or given by |
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| | (b) | remit any issue for determination by that court; |
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| | (c) | order a new trial or hearing.” |
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| | (4) | In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert— |
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| | | “But a question whether an act or failure to act is, or would be, |
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| | incompatible with any of the Convention rights or with Community |
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| | law is not a devolution issue if it is an act or failure to act of the Lord |
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| | Advocate in prosecuting any offence or in the capacity of head of the |
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| | systems of criminal prosecution and investigation of deaths in |
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| | (5) | The Criminal Procedure (Scotland) Act 1995 is amended as follows. |
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| | (6) | In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), for “paragraph |
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| | 13(a) of Schedule 6 to the Scotland Act 1998” substitute “section 98A of the |
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| | Scotland Act 1998 or paragraph 13(a) of Schedule 6 to that Act”. |
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| | (a) | for “and paragraph 13(a) of Schedule 6 to the Scotland Act 1998” |
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| | substitute “, section 98A of the Scotland Act 1998 and paragraph 13(a) |
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| | of Schedule 6 to that Act”; |
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| | (b) | after “appeal under” insert “section 98A of that Act or”. |
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| | (a) | in subsection (1) omit “in pursuance of paragraph 6 of Schedule 6 to the |
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| | Scotland Act 1998 (devolution issues)”; |
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| | (b) | for subsection (2) substitute— |
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| | “(2) | Where the Advocate General for Scotland was a party in |
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| | pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 |
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| | (devolution issues), the Advocate General may refer to the High |
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| | Court for their opinion any devolution issue which has arisen in |
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| | (2A) | Whether or not subsection (2) applies, the Advocate General for |
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| | Scotland may refer to the High Court for their opinion any |
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| | question which has arisen in the proceedings as to whether an act |
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| | or failure to act of the Lord Advocate in prosecuting in the |
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| | proceedings or in the capacity of head of the system of criminal |
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| | prosecution in Scotland was incompatible with any of the |
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| | Convention rights or with Community law. |
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| | (2B) | If a reference is made under subsection (2) or (2A) the Clerk of |
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| | Justiciary shall send to the person acquitted or convicted and to |
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| | any solicitor who acted for that person at the trial a copy of the |
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| | reference and intimation of the date fixed by the Court for a |
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| | (c) | in subsection (6) after “(2)” insert “or (2A)”. |
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| | (a) | for “paragraph 13(a) of Schedule 6 to the Scotland Act 1998” substitute |
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| | “section 98A of the Scotland Act 1998 or paragraph 13(a) of Schedule 6 |
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| | (b) | omit “of a devolution issue”.’. |
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| | Power to vary retrospective decisions about non-legislative acts |
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| To move the following Clause:— |
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| | ‘In section 102 of the 1998 Act (powers of courts or tribunals to vary retrospective |
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| | decisions), in subsection (1) at the end add “, or |
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| | (c) | any other purported exercise of a function by a member of the |
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| | Scottish Government was outside devolved competence.”’. |
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| Page 3, line 32 [Clause 3], leave out ‘instrument containing the’. |
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| Page 22, line 9 [Clause 27], at end insert— |
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| | ‘( ) | In section 989 (definitions), in the definitions of “additional rate”, “basic rate” |
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| | and “higher rate”, after “section 6(2)” insert “or (2B)”.’. |
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| Page 25, line 16 [Clause 32], at end insert— |
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| | ‘( ) | After subsection (4) insert— |
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| | “(5) | The Secretary of State may by order made with the consent of the |
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| | Treasury amend subsection (1A) so as to vary the means by which the |
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| | Scottish Ministers may borrow money.”’. |
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| Page 25, line 42 [Clause 32], at end insert— |
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| | ‘( ) | In section 114(1) (powers which may be exercised by modifying the 1998 Act), |
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| | after “sections” insert “66(5),”’. |
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| Page 26, line 1 [Clause 32], leave out ‘place’ and insert ‘places’. |
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