Lords Amendments to the Scotland Bill

Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Scotland Bill

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(10)
In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), after

“under” insert “section 288AA of this Act or”.

(11)
In section 124(2)—

(a)
after “Part XA” insert “and sections 288ZB and 288AA”;

(b)
after “purposes of” insert “a reference under section 288ZB or”;

(c)
after “appeal under” insert “section 288AA of this Act or”.”
22
Insert the following new Clause—

“Time limits for appeals on devolution issues in criminal proceedings

In Schedule 6 to the 1998 Act (devolution issues) after paragraph 13

insert—

“13A
In criminal proceedings, an application to the High Court for

permission under paragraph 13 must be made—

(a)
within 28 days of the date of the determination against

which the appeal lies, or

(b)
within such longer period as the High Court considers

equitable having regard to all the circumstances.

13B
In criminal proceedings, an application to the Supreme Court for

permission under paragraph 13 must be made—

(a)
within 28 days of the date on which the High Court

refused permission under that paragraph, or

(b)
within such longer period as the Supreme Court

considers equitable having regard to all the

circumstances.””
23
Insert the following new Clause—

“Review and power to amend sections (Convention rights and EU law: role of

Advocate General in relation to criminal proceedings) to (Time limits for

appeals on devolution issues in criminal proceedings)

(1)
The Secretary of State must arrange—

(a)
for a review of the provision made by sections (Convention rights and

EU law: role of Advocate General in relation to criminal proceedings) to

(Time limits for appeals on devolution issues in criminal proceedings),

(b)
for a report of the conclusions of the review to be made to the

Secretary of State, and

(c)
for a copy of the report to be given to the Scottish Ministers.

(2)
The review must be carried out as soon as practicable after the end of 3

years beginning with the day on which section (Convention rights and EU

law: criminal appeals to the Supreme Court)(6) comes into force, or earlier if the

Secretary of State considers it appropriate.

(3)
The review must—

(a)
consider whether changes should be made to the provision made

by sections (Convention rights and EU law: role of Advocate General in

relation to criminal proceedings) to (Time limits for appeals on devolution

issues in criminal proceedings);

(b)
consider whether further provision should be made in relation to

any matter dealt with by those sections;

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(c)
consider (in particular) whether an appeal to the Supreme Court on

a compatibility issue should lie only if the High Court of Justiciary

certifies that the issue raises a point of law of general public

importance.

(4)
The Secretary of State may by order—

(a)
amend the provision made by sections (Convention rights and EU

law: role of Advocate General in relation to criminal proceedings) to (Time

limits for appeals on devolution issues in criminal proceedings);

(b)
make further provision in relation to any matter dealt with by those

sections.

(5)
Provision made by order under subsection (4) may—

(a)
amend, repeal or revoke an enactment passed or made before the

order is made;

(b)
confer power on the Secretary of State or the Scottish Ministers to

make an order or regulations;

(c)
include consequential, transitional or saving provision.

(6)
In this section “enactment” includes an enactment contained in subordinate

legislation (within the meaning of the Interpretation Act 1978) and an

enactment contained in, or in an instrument made under, an Act of the

Scottish Parliament.

(7)
In making the first order under subsection (4) the Secretary of State must

take into account the report made in accordance with subsection (1)(b).

(8)
No order under subsection (4) may be made unless the Secretary of State

has consulted the Scottish Ministers.

(9)
A statutory instrument containing an order under subsection (4) may not

be made unless a draft of the instrument has been laid before and approved

by a resolution of each House of Parliament.”
Clause 41
24
Page 31, line 26, leave out “section 38” and insert “the preceding provisions of this

Part”
25
Page 31, line 28, leave out “section 38” and insert “the preceding provisions of this

Part”
Schedule 2
26
Leave out Schedule 2

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