House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

2399

House of Commons

Notices of Amendments

given up to and including

Friday 17 June 2011

New Amendments handed in are marked thus

Consideration of Bill

Scotland Bill, As Amended

New Clauses

Definition of Scottish taxpayer for Scottish variable rate

Mr Secretary Moore

NC5

To move the following Clause:—

‘(1)
In Part 4 of the 1998 Act (power to vary income tax rate), for subsections (1) to

(6) of section 75 (Scottish taxpayers) substitute—

“
Sections 80D to 80F (definition of Scottish taxpayer) apply for the

purposes of this Part.”

(2)
This section ceases to have effect at the end of the last year for which Part 4 has

effect (see section 26(2) and (4)).’.

Exercise of functions relating to Seirbheis nam Meadhanan Gàidhlig

Mr Secretary Moore

nc 6

To move the following Clause:—

‘(1)
The Broadcasting Act 1990 is amended as follows.

(2)
In section 183 (financing of programmes in Gaelic out of Gaelic Television Fund)

for subsection (1) substitute—

“(1)
The Scottish Ministers must, for each financial year, pay to OFCOM such

amount as they may determine to be appropriate for the purposes of this

section.”

Notices of Amendments: 17 June 2011
2400

Scotland Bill, continued

(3)
Omit subsection (8) of that section.

(4)
Section 183A (membership of the Gaelic Media Service) is amended as follows.

(5)
In subsection (4) after “the Secretary of State” insert “and the Scottish Ministers”.

(6)
In subsection (6)(b) after “the Secretary of State” insert “with the agreement of

the Scottish Ministers”.

(7)
In Schedule 19 (Gaelic Media Service: supplementary provisions), paragraph 12

(annual reports) is amended as follows.

(8)
In sub-paragraph (3) for the words from “the Secretary of State” to the end

substitute—

“(a)
the Secretary of State, who must lay copies of it before each

House of Parliament, and

(b)
the Scottish Ministers, who must lay a copy of it before the

Scottish Parliament.”

(9)
Sub-paragraph (4) is omitted.

(10)
In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.)

Order 1999 (S.I. 1999/1750)—

(a)
in Schedule 1 (functions transferred to the Scottish Ministers), omit the

entry relating to section 183 of the Broadcasting Act 1990;

(b)
in Schedule 2 (functions made exercisable concurrently), omit the

reference to paragraph 12(3) of Schedule 19 to that Act;

(c)
in Schedule 5 (modification of enactments), omit paragraph 10(4).’.

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)

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.”

Notices of Amendments: 17 June 2011
2401

Scotland Bill, continued

(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.

(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.

Notices of Amendments: 17 June 2011
2402

Scotland Bill, continued

(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.

(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)—

Notices of Amendments: 17 June 2011
2403

Scotland Bill, continued

(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.”’.

Funding formula for Scottish Government

Mr Frank Field

Hugh Bayley

NC1

To move the following Clause:—

‘(1)
Within six months of the day on which this Act is passed, the Chancellor of the

Exchequer shall lay before the House a report on the formula for allocating funds

from the Consolidated Fund to the Scottish Government, and on alternative ways

of calculating the sums to be paid.

(2)
Within six weeks of laying the report referred to in subsection (1) above, the

Chancellor of the Exchequer shall lay before the House proposals for a new

funding formula which would leave the four nations of the UK with a per capita

spending figure of no more than ±5% of each other.”.

Food labelling

Edward Miliband

Ann McKechin

Tom Greatrex

NC2

To move the following Clause:—

‘In Part 2 of Schedule 5 to the Scotland Act 1998 (reserved matters: specific

reservation), at the end of section C8 to add the words “but this exception does

Notices of Amendments: 17 June 2011
2404

Scotland Bill, continued

not permit the Scottish Parliament to legislate on food labelling of foodstuffs that

are placed for sale within Scotland.’.

Crown Estate

Mr Angus Brendan MacNeil

Pete Wishart

Stewart Hosie

Angus Robertson

Mr Mike Weir

Dr Eilidh Whiteford

NC4

To move the following Clause:—

‘(1)
In Part 1 of Schedule 5 of the Scotland Act 1998 paragraphs 2(3) and 3(3)(a) will

be omitted.

(2)
The Crown Estate will be treated as a cross-border public authority for the

purposes of sections 88 to 90 of the Scotland Act 1998.

(3)
In section 1(4) of the Crown Estate Act 1961, for “Secretary of State” wherever

it appears substitute “Scottish Minister”.’.

Funding formula for Scottish Government (No. 2)

Mr Frank Field

Kate Hoey

Mr Philip Hollobone

Hugh Bayley

John Mann

Mr Graham Brady

Total signatories: 21

John Glen

Steve Baker

Mr James Gray

Nicholas Soames

Mr Brian Binley

Mr Bernard Jenkin

Mr Graham Stuart

Mr William Cash

Karl McCartney

Mr Robert Walter

Philip Davies

Mr Dominic Raab

Mr John Whittingdale

Mr Roger Gale

David Mowatt

NC8

To move the following Clause:—

‘(1)
Within six months of the day on which this Act is passed, the Chancellor of the

Exchequer shall lay before the House a report on the formula for allocating funds

from the Consolidated Fund to the Scottish Government, and on alternative ways

of calculating the sums to be paid.

(2)
Within six weeks of laying the report referred to in subsection (1) above, the

Chancellor of the Exchequer shall lay before the House proposals for a new

funding formula which would ensure that the funds allocated to the Scottish

Notices of Amendments: 17 June 2011
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Scotland Bill, continued

Government are no more than 5 per cent. below or above the equivalent figure for

each of the other nations of the UK.’.

Tax on profits of companies

Stewart Hosie

Angus Robertson

Pete Wishart

Mr Angus Brendan MacNeil

Dr Eilidh Whiteford

Mr Mike Weir

NC9

To move the following Clause:—

‘In Part 4A of the 1998 Act (as inserted by section 24), after Chapter 4 (inserted

by section 30) insert—

“Chapter 5

Tax on Profits of Companies

80L
Tax on profits of companies

The Secretary of State shall, within one month of the coming into force

of section 80B of this Act, lay in accordance with Type A procedure as

set out in Schedule 7 to this Act a draft Order in Council which specifies

as an additional devolved tax a tax charged on the profits of

companies.”’.

Composition of Scottish Parliament

Mr Brian H. Donohoe

Mr Jim Hood

Mr Michael McCann

Mr Tom Clarke

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.”;



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