House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 17 June 2011
2406

Scotland Bill, continued

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

(c)
Paragraphs 3 to 14 are omitted.’.

Equal opportunities

Edward Miliband

Ann McKechin

Tom Greatrex

NC15

To move the following Clause:—

‘In part 2 of Schedule 5 to the 1998 Act, under Head L (Miscellaneous) in section

L2 (Equal Opportunities)—

(a)
after “1976” delete “and”;

(b)
after “1995” insert “and

(e)
the Equality Act 2010”, and

(c)
after “status” in the interpretation section insert “or whether the persons

have formed a civil partnership”.’.

Local digital television services and TV licensing

Stewart Hosie

Angus Robertson

Pete Wishart

Mr Angus Brendan MacNeil

Dr Eilidh Whiteford

Mr Mike Weir

NC16

To move the following Clause:—

‘(1)
The Communications Act 2003 is amended as follows.

(2)
In section 244 (local digital television services), after subsection (8) insert—

“(8A)
An order under this section to which subsection (8B) applies must not be

made without the consent of the Scottish Ministers.

(8B)
This subsection applies to an order in relation to a description of services

which are, or include, services—

(a)
intended for reception—

(i)
at a place in Scotland, or

(ii)
within an area or locality wholly or partly in Scotland, or

(b)
provided for the purposes of an event in Scotland.”.

(3)
In section 365 (TV licence fees)—

(a)
after subsection (5) insert—

“(5A)
Before making regulations under this section the Secretary of

State must consult the Scottish Ministers.”,

Notices of Amendments: 17 June 2011
2407

Scotland Bill, continued

(b)
in subsection (6), after “Treasury” insert “and of the Scottish

Ministers”.’.

Public service broadcasting

Stewart Hosie

Angus Robertson

Pete Wishart

Mr Angus Brendan MacNeil

Dr Eilidh Whiteford

Mr Mike Weir

NC17

To move the following Clause:—

‘In Part 2 of Schedule 5 to the 1998 Act, in section K1 (broadcasting), at the end

insert—

“Exception


The establishment, operation, remit and dissolution of corporations to

provide public service broadcasting.”.’.

Participation of Scottish Ministers in proceedings of EU institutions

Stewart Hosie

Angus Robertson

Pete Wishart

Mr Angus Brendan MacNeil

Dr Eilidh Whiteford

Mr Mike Weir

NC18

To move the following Clause:—

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

(2)
After section 58 insert—

“58A
Participation of Scottish Ministers in proceedings of EU institutions

(1)
A Minister of the Crown must—

(a)
ensure that the United Kingdom delegation attending relevant

proceedings of an EU institution includes a member of the

Scottish Government or other person nominated by the Scottish

Ministers, and

(b)
agree with the Scottish Ministers the extent to which that person

is to participate in the proceedings.

(2)
“Relevant” proceedings are proceedings at which there is to be

considered—

Notices of Amendments: 17 June 2011
2408

Scotland Bill, continued

(a)
any matter other than a reserved matter, or

(b)
any matter relating to a function which is exercisable by the

Scottish Ministers.

(3)
The duty in subsection (1) does not apply in any case where the Scottish

Ministers otherwise agree.

(4)
In complying with subsection (1), the Minister of the Crown and the

Scottish Ministers must have regard to any guidance agreed by them.”.

(3)
In Part 1 of Schedule 5, in subparagraph (2) of paragraph 7 (general reservations:

foreign affairs, etc), at the end insert—

“(c)
participating in the proceedings of any EU institution, other than

proceedings relating to reserved matters.”.’.

Spirits, wine, beer and cider duties

Stewart Hosie

Angus Robertson

Pete Wishart

Mr Angus Brendan MacNeil

Dr Eilidh Whiteford

Mr Mike Weir

NC19

To move the following Clause:—

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

(2)
In Part 2 of Schedule 5 to the Act, in section A1 (specific reservations: fiscal,

economic and monetary policy), after the heading “Exceptions”, insert—

“Spirits duties, wine duties and beer and cider duties”.’.

Referendum

Jacob Rees-Mogg

NC20

To move the following Clause:—

‘(1)
No provision of this Act is to come into force, save for this section, until a

referendum is held in Scotland in accordance with this section within four months

of Royal Assent to this Act. The question shall be—

The Scotland Act increases the powers devolved to the Scottish Parliament.

Should there be full independence for Scotland instead?

(2)
If more votes are cast in the referendum in favour of the answer “No” than in

favour of the answer “Yes”, then the Act shall come into force in accordance with

section 39 below.

(3)
If more votes are cast in the referendum in favour of the answer “Yes” than in

favour of the answer “No”, then the Act shall not come into force.

Notices of Amendments: 17 June 2011
2409

Scotland Bill, continued

(4)
The referendum shall be held in accordance with provisions which the Secretary

of State shall make by Order made by statutory instrument, applying the

provisions in sections 2, 3, 5 and 6 of, and relevant Schedules to, the

Parliamentary Voting System and Constituencies Act 2011 so as to reflect the

limitation of the referendum to Scotland; and the Order shall be subject to

annulment in pursuance of a resolution of either House of Parliament.’.

Allocation of percentage of Crown Estate revenue to local authorities

Edward Milliband

Ann McKechin

Tom Greatrex

NC21


To move the following Clause:—

‘Five per cent of the revenue of any asset in any harbour or shores that are owned

by the Crown Estate in Scotland shall be paid by the Crown Estate Commissioner

for Scotland to the local authority in which such asset is located, such funds to

then be used by the relevant local authority for purposes which benefit the

community.’.

Mr Secretary Moore

13

Page  2,  line  43  [Clause  1],  at end insert—

‘(5)
Before making regulations under this section the Secretary of State must

consult the Scottish Ministers.”’.

Mr Secretary Moore

14

Page  3,  line  12  [Clause  2],  at end insert—

‘( )
After subsection (3) insert—

“(3A)
But subsection (2) does not confer power on a returning officer to

determine that a Scottish Parliamentary election and a local government

election in Scotland are to be taken together.”

( )
After subsection (5A) insert—

“(5B)
Before making provision under subsection (5) in connection with the

combination of polls where one of the elections is a Scottish

Parliamentary election or a local government election in Scotland, the

Secretary of State must consult the Scottish Ministers.”’.

Notices of Amendments: 17 June 2011
2410

Scotland Bill, continued

Mr Secretary Moore

30

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

Edward Miliband

Ann McKechin

Tom Greatrex

12

Page  5,  line  12  [Clause  6],  at end insert—

‘(1A)
In section 31(1) of the 1998 Act at end add—

“(1A)
A person promoting an amendment to a bill in the Scottish Parliament

shall on or before the lodging of the amendment state that, in his opinion,

the bill if amended in accordance with the amendment would be within

the legislative competence of the Parliament”.

(1B)
In section 31(2) of the 1998 Act at end add “and state the reasons for his view”.’.

Edward Miliband

Ann McKechin

Tom Greatrex

8

Page  11,  line  18  [Clause  18],  leave out ‘Scottish Crown Estate Commissioner’ and

insert ‘Crown Estate Commissioner for Scotland’.

Edward Miliband

Ann McKechin

Tom Greatrex

11

Page  11,  line  19  [Clause  18],  leave out from ‘who’ to end of line 21 and insert—

‘(a)
is qualified in or has expertise in land management in Scotland or the law

of Scotland; and

(b)
has experience of the functions of the Commissioners.’.

Edward Miliband

Ann McKechin

Tom Greatrex

9

Page  11,  line  23  [Clause  18],  leave out ‘Scottish Crown Estate Commissioner’ and

insert ‘Crown Estate Commissioner for Scotland’.

Notices of Amendments: 17 June 2011
2411

Scotland Bill, continued

Edward Miliband

Ann McKechin

Tom Greatrex

10

Page  11,  line  24  [Clause  18],  leave out from first ‘the’ to end of line 25 and insert

‘Scottish Ministers with the agreement of the Chancellor of the Exchequer’.

Edward Miliband

Ann McKechin

Tom Greatrex

3

Page  13,  line  18  [Clause  20],  at end insert—

‘(7A)
Section 38 (The Highway Code) is amended as follows.

(7B)
After subsection (2) insert—

“(2A)
The Secretary of State shall ensure that the provisions of the Code reflect

the content of regulations relating to drink driving limits made by

Scottish Ministers under section 8(3) or 11(2).”’.

Edward Miliband

Ann McKechin

Tom Greatrex

4

Page  13,  line  18  [Clause  20],  at end insert—

‘(7C)
Section 89 (tests of competence to drive) is amended as follows.

(7D)
After subsection (3) insert—

“(3A)
The Secretary of State shall ensure that tests under this section reflect the

content of regulations relating to drink driving limits made by Scottish

Ministers under section 8(3) or 11(2).”’.

Edward Miliband

Ann McKechin

Tom Greatrex

5

Page  13,  line  25  [Clause  20],  at end insert—

‘(10A)
The Secretary of State and Scottish Ministers shall together make regulations to

enforce drink driving limits in the event of the drink driving regime not being the

same in England and Scotland.

(10B)
Regulations under subsection (10A) above shall be subject to Type F procedure,

as defined in Schedule 7 to the Scotland Act 1998.’.

Edward Miliband

Ann McKechin

Tom Greatrex

6

Page  15,  line  17  [Clause  21],  at end insert—

Notices of Amendments: 17 June 2011
2412

Scotland Bill, continued

‘(15A)
Section 38 of the Road Traffic Act 1988 (The Highway Code) is amended as

follows.

(15B)
After subsection (2) insert—

“(2B)
The Secretary of State shall ensure that the provisions of the Code reflect

the content of regulations relating to speed limits made by Scottish

Ministers under sections 17(2), 64 and 88 of the Road Traffic Regulation

Act 1984.”’.

Edward Miliband

Ann McKechin

Tom Greatrex

7

Page  15,  line  17  [Clause  21],  at end insert—

‘(15C)
Section 89 of the Road Traffic Act 1988 (tests of competence to drive) is amended

as follows.

(15D)
After subsection (3) insert—

“(3B)
The Secretary of State shall ensure that tests under this section reflect the

content of regulations relating to speed limits made by Scottish Ministers

under sections 17(2), 64 and 88 of the Road Traffic Regulation Act

1984.”’.

Stewart Hosie

Angus Robertson

Pete Wishart

Mr Angus Brendan MacNeil

Dr Eilidh Whiteford

Mr Mike Weir

25

Page  16,  line  35  [Clause  24],  at end insert—

‘(c)
Chapter 5 provides for an Order in Council to specify, as an additional

devolved tax, a tax charged on the profits of companies.’.

Iain Stewart

24

Page  20,  line  24  [Clause  26],  at end insert—

‘(3)
T is deemed to be in Scotland at the end of a day when T commences a journey

in Scotland before midnight and arrives at a destination in England after

midnight, irrespective of the time at which the border between Scotland and

England is crossed.’.

Mr Secretary Moore

31

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



© Parliamentary copyright	Revised 20 June 2011