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Scotland Bill, continued

(a)    

removing or altering functions of, or conferring functions on,

the Crown Estate Commissioners in relation to the holding or

management of property within paragraph 3(1),

(b)    

where a function of the Crown Estate Commissioners of

holding property is so removed, the transfer of any property

held in exercise of the function.”

(5)    

Functions relating to Crown property are, so far as they relate to Crown property

in or relating to the Scottish offshore region, to be treated for the purposes of the

Scotland Act 1998 as exercisable in or as regards Scotland.

(6)    

In subsection (5)—

“Crown property” means property within paragraph 3(1) of Part 1 of

Schedule 5 to the Scotland Act 1998,

“Scottish offshore region” has the same meaning as in the Marine and

Coastal Access Act 2009 (see section 322 of that Act)

(7)    

In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into the

Scottish Consolidated Fund), omit “from bona vacantia, ultimus haeres and

treasure trove”.

Member’s explanatory statement

This alternative to clause 31 would reduce the complexity of the current arrangements relating to

the Crown Estate by removing the reservation relating to the management of the Crown Estate and

provides the Scottish Parliament with full legislative competence in relation to the management of

the Crown Estate in or as regards Scotland. It would also transfer any functions of the Crown

Estate Commissioners in relation to rights to the continental shelf beyond the 200 nautical mile

limit adjacent to Scotland.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

NC59

To move the following Clause—

“Party political broadcasts

In Section K1 of Part 2 of Schedule 5 to the Scotland Act 1998 (broadcasting),

after the reservation insert—

“Exceptions

The regulation of

(a)    

party political broadcasts in connection with elections that are within the

legislative competence of the Parliament, and

(b)    

referendum campaign broadcasts in connection with referendums held

under Acts of the Scottish Parliament.”

Member’s explanatory statement

In recommending that the Scottish Parliament should have all powers in relation to Scottish

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Scotland Bill, continued

Parliament and local government elections, the Smith Commission stated specifically that this

would include party political broadcasts. This new clause delivers on that proposal.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

NC60

To move the following Clause—

“Broadcasting

Leave out section K1 in Part 2 of Schedule 5 (Broadcasting) to the 1998 Act.”

Member’s explanatory statement

This new clause would devolve broadcasting to the Scottish Parliament.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

NC61

To move the following Clause—

“Levies in respect of agriculture, taking wild game, aquaculture and fisheries

etc.

(1)    

In Part 2 of Schedule 5 to the Scotland Act 1998, Section A1 is amended as

follows.

(2)    

In the Exceptions, after the exception for devolved taxes insert—

“Levies in respect of agriculture, taking wild game, aquaculture and

fisheries (including sea fisheries) or a related activity: their collection and

management.”

(3)    

After the Exceptions insert—

“Interpretation

“agriculture” includes horticulture, fruit growing, seed growing, dairy

farming and livestock breeding and keeping, and the use of land as

grazing land, meadow land, osier land, market gardens and nursery

grounds.

“aquaculture” includes the breeding, rearing or cultivation of fish (of any

kind), seafood or aquatic organisms.

“related activity” means the production, processing, manufacture,

marketing or distribution of—

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Scotland Bill, continued

(a)    

anything (including any creature alive or dead) produced or

taken in the course of agriculture, taking wild game or

aquaculture, or caught (by any means) in a fishery,

(b)    

any product which is derived to any substantial extent from

anything so produced or caught.””

Member’s explanatory statement

This new Clause would give the Scottish Parliament general legislative competence in respect of

agricultural, aquacultural and fisheries levies.

Ian Murray

Wayne David

NC64

To move the following Clause—

“Enforcement of Part 1 of Equality Act 2006

In the Exceptions under Section L.2 of Part 2 of Schedule 5 to the 1998 Act,

insert—

The enforcement of Part 1 of the Equality Act 2006.”

Sir Edward Leigh

NC66

To move the following Clause—

“Health and Medicines

In Part 2 of Schedule 5 to the 1998 Act, leave out “Head J (Health and

Medicine)””

Member’s explanatory statement

The Amendment would remove health and medicine, including abortion, xenotransplantation,

embryology, surrogacy, genetics, medical supplies, poisons and welfare foods from the list of

matters reserved to the UK Parliament, allowing the Scottish Parliament to make separate

provision in these matters for Scotland.

CLAUSES 46 TO 55, NEW CLAUSES RELATING TO PART 5, NEW SCHEDULES RELATING TO

PART 5, CLAUSES 56 TO 58, NEW CLAUSES RELATING TO PART 6, NEW SCHEDULES

RELATING TO PART 6, CLAUSES 59 TO 64, NEW CLAUSES RELATING TO PART 7,

NEW SCHEDULES RELATING TO PART 7, REMAINING PROCEEDINGS ON THE BILL

Ian Murray

157

Clause  49,  page  49,  line  6,   after “operator” insert “or not for profit operator”

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Scotland Bill, continued

Ian Murray

158

Clause  49,  page  49,  line  8,   leave out “does not” and insert “may”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

149

Clause  50,  page  49,  leave out from beginning of line 32 to line 50 on page 50 and

insert—

“(4)    

The Scottish Ministers may not make regulations under section 9 unless they have

consulted the Secretary of State about the proposed regulations.

(5)    

Subsection (1) does not prevent the Secretary of State making a support scheme

in relation to Scotland under section 9, or varying or revoking regulations made

by the Scottish Ministers under that section with the agreement of the Scottish

Ministers”

Member’s explanatory statement

This amendment would remove the requirement in Clause 50 for the agreement of the Secretary of

State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a

requirement for the agreement of Scottish Ministers before the Secretary of State may vary or

revoke instruments made by the Scottish Ministers.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

150

Clause  51,  page  52,  leave out from beginning of line 10 to end of line 3 on page 53 and

insert—

“(5)    

The Scottish Ministers may not make an order under section 33BC unless they

have consulted the Secretary of State about the proposed order.

(6)    

The power of the Secretary of State to make an order under section 33BC is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Member’s explanatory statement

This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of

State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a

requirement for the agreement of Scottish Ministers before the Secretary of State may vary or

revoke instruments made by the Scottish Ministers.

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Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

151

Clause  51,  page  53,  leave out from beginning of line 45 to end of line 37 on page 54

and insert—

“(5)    

The Scottish Ministers may not make an order under section 33BD unless they

have consulted the Secretary of State about the proposed order

(6)    

The power of the Secretary of State to make an order under section 33BD is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Member’s explanatory statement

This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of

State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a

requirement for the agreement of Scottish Ministers before the Secretary of State may vary or

revoke instruments made by the Scottish Ministers.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

152

Clause  51,  page  55,  leave out from beginning of line 28 to end of line 21 on page 56

and insert—

“(5)    

The Scottish Ministers may not make an order under section 41A unless they have

consulted the Secretary of State about the proposed order.

(6)    

The power of the Secretary of State to make an order under section 41A is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Member’s explanatory statement

This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of

State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a

requirement for the agreement of Scottish Ministers before the Secretary of State may vary or

revoke instruments made by the Scottish Ministers.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

153

Clause  51,  page  57,  leave out from beginning of line 15 to end of line 7 on page 58 and

insert—

“(5)    

The Scottish Ministers may not make an order under section 41B unless they have

consulted the Secretary of State about the proposed order.

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Scotland Bill, continued

(6)    

The power of the Secretary of State to make an order under section 41B is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Member’s explanatory statement

This amendment would remove the requirement in Clause 51 for the agreement of the Secretary of

State as a pre-requisite to the exercise of certain powers by the Scottish Minister. It includes a

requirement for the agreement of Scottish Ministers before the Secretary of State may vary or

revoke instruments made by the Scottish Ministers.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

154

Clause  53,  page  60,  leave out lines 9 to 17.

Member’s explanatory statement

This amendment removes restrictions on the consultation process with the Scottish Government

and Scottish Parliament in relation to renewables incentive schemes.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

155

Clause  55,  page  63,  line  18,  at end insert—

“( )    

the Scottish Ministers,”

Member’s explanatory statement

Clause 55 as currently drafted would allow Scottish Ministers to make a reference to the

Competition and Markets Authority only in the most exceptional circumstances. This amendment

would enable Scottish Ministers to make a reference without the involvement of the Secretary of

State.

Mr Graham Allen

NC12

To move the following Clause—

“Local authority’s power of general competence

(1)    

A local authority has power to do anything that individuals generally may do.

(2)    

Subsection (1) applies to things that an individual may do even though they are

in nature, extent or otherwise—

(a)    

unlike anything the authority may do apart from subsection (1), or

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Scotland Bill, continued

(b)    

unlike anything that other public bodies may do.

(3)    

In this section “individual” means an individual with full capacity.

(4)    

Where subsection (1) confers power on the authority to do something, it confers

power (subject to sections (Boundaries of the general power) to (Limits on doing

things for commercial purposes in exercise of general power) to do it in any way

whatever, including—

(a)    

power to do it anywhere in the United Kingdom or elsewhere,

(b)    

power to do it for a commercial purpose or otherwise for a charge, or

without charge, and

(c)    

power to do it for, or otherwise than for, the benefit of the authority, its

area or persons resident or present in its area.

(5)    

The generality of the power conferred by subsection (1) (“the general power”) is

not limited by the existence of any other power of the authority which (to any

extent) overlaps the general power.

(6)    

Any such other power is not limited by the existence of the general power (but

see section (Powers to make supplemental provision)(2)).”

Member’s explanatory statement

This series of new Clauses seeks to introduce a general power of competence for Scottish local

authorities, putting it beyond doubt that they may do anything that is not expressly prohibited by

law. It seeks to go further than the power of wellbeing already afforded to Scottish local

authorities. The proposals seek to give councils the capacity to do anything that an individual can

do. Therefore, this would not enable a local authority to introduce a tax or wage war, but it would

ensure that local government has the ability to use the power of general competence in the most

sensible and constructive way for the benefit of the people and communities whom they serve.

Mr Graham Allen

NC13

To move the following Clause—

“Boundaries of the general power

(1)    

If exercise of a pre-commencement power of a local authority is subject to

restrictions, those restrictions apply also to exercise of the general power so far as

it is overlapped by the pre-commencement power.

(2)    

The general power does not enable a local authority to do—

(a)    

anything which the authority is unable to do by virtue of a pre-

commencement limitation, or

(b)    

anything which the authority is unable to do by virtue of a post-

commencement limitation which is expressed to apply—

(i)    

to the general power,

(ii)    

to all of the authority’s powers, or

(iii)    

to all of the authority’s powers but with exceptions that do not

include the general power.

(3)    

The general power does not confer power to make or alter—

(a)    

arrangements of a kind which may be made under sections 56

(arrangements for discharge of authority’s functions by committees, joint

committees, officers etc.) or 62B (establishment of joint boards) of the

Local Government (Scotland) Act 1973,

(b)    

any other arrangements that authorise a person to exercise a function of

a local authority.