Notices of Amendments: 1 July 2015                     

22

Scotland Bill, continued

(4)    

In this section—

“post-commencement limitation” means a prohibition, restriction or other

limitation expressly imposed by a statutory provision that—

(a)    

is contained in an Act passed after the day on which this Act is passed or

(b)    

is contained in an instrument made under an Act and comes into force on

or after the commencement of section (Local authority’s general power

of competence),

“pre-commencement limitation” means a prohibition, restriction or other

limitation expressly imposed by a statutory provision that—

(a)    

is contained in this Act, or in any other Act passed no later than the day

on which this Act is passed, or

(b)    

is contained in an instrument made under an Act and comes into force

before the commencement of section (Local authority’s general power of

competence),

“pre-commencement power” means power conferred by a statutory

provision that—

(a)    

is contained in this Act, or in any other Act passed no later than the day

on which this Act is passed, or

(b)    

is contained in an instrument made under an Act and comes into force

before the commencement of section (Local authority’s general power of

competence).’

Member’s explanatory statement

This new Clause is linked to the new Clause on a local authority power of general competence

(NC12).

Mr Graham Allen

NC14

To move the following Clause—

“Limits on charging in exercise of general power

(1)    

Subsection (2) applies where—

(a)    

a local authority provides a service to a person otherwise than for a

commercial purpose, and

(b)    

its providing the service to the person is done, or could be done, in

exercise of the general power.

(2)    

The general power confers power to charge the person for providing the service

to the person only if—

(a)    

the service is not one that a statutory provision requires the authority to

provide to the person,

(b)    

the person has agreed to its being provided, and

(c)    

ignoring this section and section 1 of the Local Authorities (Goods and

Services) Act 1970 (supply of goods and services by local authorities),

the authority does not have power to charge for providing the service.

(3)    

The general power is subject to a duty to secure that, taking one financial year

with another, the income from charges allowed by subsection (2) does not exceed

the costs of provision.

Notices of Amendments: 1 July 2015                     

23

Scotland Bill, continued

(4)    

The duty under subsection (3) applies separately in relation to each kind of

service.”

Member’s explanatory statement

This new Clause is linked to the new Clause on a local authority power of general competence

(NC12).

Mr Graham Allen

NC15

To move the following Clause—

“Limits on doing things for commercial purpose in exercise of general power

(1)    

The general power confers power on a local authority to do things for a

commercial purpose only if they are things which the authority may, in exercise

of the general power, do otherwise than for a commercial purpose.

(2)    

Where, in exercise of the general power, a local authority does things for a

commercial purpose, the authority must do them through a company.

(3)    

A local authority may not, in exercise of the general power, do things for a

commercial purpose in relation to a person if a statutory provision requires the

authority to do those things in relation to the person.

(4)    

In this section “company” means—

(a)    

a company within the meaning given by section 1(1) of the Companies

Act 2006, or

(b)    

a registered society within the meaning the Co-operative and Community

Benefit Societies Act 2014 or a society registered or deemed to be

registered under the Industrial and Provident Societies Act (Northern

Ireland) 1969.”

Member’s explanatory statement

This new Clause is linked to the new Clause on a local authority power of general competence

(NC12).

Mr Graham Allen

NC16

To move the following Clause—

“Powers to make supplemental provision

(1)    

If the Scottish Ministers think that a statutory provision (whenever passed or

made) prevents or restricts local authorities from exercising the general power,

the Scottish Ministers may by regulations amend, repeal, revoke or disapply that

provision.

(2)    

If the Scottish Ministers think that the general power is overlapped (to any extent)

by another power then, for the purpose of removing or reducing that overlap, the

Scottish Minister may by regulations amend, repeal, revoke or disapply any

statutory provision (whenever passed or made).

(3)    

The Scottish Ministers may by regulations make provision preventing local

authorities from doing, in exercise of the general power, anything which is

specified, or is of a description specified, in the regulations.

Notices of Amendments: 1 July 2015                     

24

Scotland Bill, continued

(4)    

The Scottish Ministers may by regulations provide for the exercise of the general

power by local authorities to be subject to conditions, whether generally or in

relation to doing anything specified, or of a description specified, in the

regulations.

(5)    

The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a)    

all local authorities,

(b)    

particular local authorities, or

(c)    

particular descriptions of local authority.

(6)    

The power under subsection (1) or (2) to amend or disapply a statutory provision

includes power to amend or disapply a statutory provision for a particular period.

(7)    

Before making regulations under subsection (1), (2), (3) or (4) the Scottish

Ministers must consult—

(a)    

such local authorities,

(b)    

such representatives of local government, and

(c)    

such other persons (if any),

as the Scottish Ministers consider appropriate.”

Member’s explanatory statement

This new Clause is linked to the new Clause on a local authority power of general competence

(NC12).

Mr Graham Allen

NC17

To move the following Clause—

“Limits on power under section (Powers to make supplemental provision)(1)

(1)    

The Scottish Ministers may not make provision under section (Powers to make

supplemental provision)(1) unless the Scottish Ministers consider that the

conditions in subsection (2), where relevant, are satisfied in relation to that

provision.

(2)    

Those conditions are that—

(a)    

the effect of the provision is proportionate to the policy objective

intended to be secured by the provision,

(b)    

the provision, taken as a whole, strikes a fair balance between the public

interest and the interests of any person adversely affected by it,

(c)    

the provision does not remove any necessary protection,

(d)    

the provision does not prevent any person from continuing to exercise

any right or freedom which that person might reasonably expect to

continue to exercise,

(e)    

the provision is not of constitutional significance.

(3)    

Regulations under section (Powers to make supplemental provision)(1) may not

make provision for the delegation or transfer of any function of legislating.

(4)    

For the purposes of subsection (3) a function of legislating is a function of

legislating by order, rules, regulations or other subordinate instrument.

Notices of Amendments: 1 July 2015                     

25

Scotland Bill, continued

(5)    

Regulations under section (Powers to make supplemental provision)(1) may not

make provision to abolish or vary any tax.”

Member’s explanatory statement

This new Clause is linked to the new Clause on a local authority power of general competence

(NC12).

Mr Graham Allen

NC18

To move the following Clause—

“Procedure for regulations under section (Powers to make supplemental

provision)

(1)    

If, as a result of any consultation required by section (Powers to make

supplemental provision)(7) with respect to proposed regulations under section

(Powers to make supplemental provision)(1), it appears to the Scottish Ministers

that it is appropriate to change the whole or any part of the Scottish Ministers’

proposals, the Scottish Ministers must undertake such further consultation with

respect to the changes as the Scottish Ministers consider appropriate.

(2)    

If, after the conclusion of the consultation required by section (Powers to make

supplemental provision)(7) and subsection (1), the Scottish Ministers consider it

appropriate to proceed with the making of regulations under section (Powers to

make supplemental provision)(1), the Scottish Ministers must, when laying a

draft of the regulations, also lay before the Scottish Parliament an explanatory

document explaining the proposals and giving details of—

(a)    

the Scottish Ministers’ reasons for considering that the conditions in

section (Limits on power under section (Powers to make supplemental

provision)(1))(2), where relevant, are satisfied in relation to the

proposals,

(b)    

any consultation undertaken under section (Powers to make

supplemental provision)(7) and subsection (1),

(c)    

any representations received as a result of the consultation, and

(d)    

the changes (if any) made as a result of those representations.

(3)    

If provision under section (Powers to make supplemental provision)(2) is

included in draft regulations under section (Powers to make supplemental

provision)(1) laid in the circumstances described in subsection (2), the

explanatory document laid with the draft regulations must also explain the

proposals under section (Powers to make supplemental provision)(2) and give

details of any consultation undertaken under section (Powers to make

supplemental provision)(7) with respect to those proposals.

(4)    

Section (Powers to make supplemental provision)(7) does not apply to

regulations under section (Powers to make supplemental provision)(3) or (4)

which are made only for the purpose of amending earlier such regulations—

(a)    

so as to extend the earlier regulations, or any provision of the earlier

regulations, to a particular authority or to authorities of a particular

description, or

Notices of Amendments: 1 July 2015                     

26

Scotland Bill, continued

(b)    

so that the earlier regulations, or any provision of the earlier regulations,

ceases to apply to a particular authority or to authorities of a particular

description.”

Member’s explanatory statement

This new Clause is linked to the new Clause on a local authority power of general competence

(NC12).

Mr Graham Allen

NC19

To move the following Clause—

“Local authority’s general power of competence: interpretation

In this Part—

“the general power” means the power conferred by section (Local

authority’s general power of competence)(1),

“statutory provision” means a provision of an Act or of an instrument made

under an Act.”

Member’s explanatory statement

This new Clause is linked to the new Clause on a local authority power of general competence

(NC12).

Mr Graham Allen

NC29

To move the following Clause—

“Competences of local government in Scotland

(1)    

The First Minster must, after consultation with representatives from local

government in Scotland, publish a list of competences of local government in

Scotland.

(2)    

After the list has been published, the First Minster may not publish any amended

list of competences of local government in Scotland without first obtaining

approval of the revised list consent from

(a)    

the Scottish Parliament, with two-thirds of its membership voting in

favour of the amended list, and

(b)    

the Convention of Scottish Local Authorities.”

Member’s explanatory statement

This new clause entrenches the independence of local government in Scotland from interference

by national government in Scotland.

Notices of Amendments: 1 July 2015                     

27

Scotland Bill, continued

Mr Graham Allen

NC30

To move the following Clause—

“Subsidiarity

That Subsidiarity as defined by the Maastricht Treaty 1992 Article 5(3) shall

apply to the functions of national and local government in Scotland.”

Member’s explanatory statement

This extends protection of Scottish Local Government’s independence by protecting its

subsidiarity behind a European Treaty applicable to the United Kingdom.

Ian Murray

Wayne David

NC41

To move the following Clause—

“Scottish Government review of measures taken to promote gender equality

in Scottish Parliament

Scottish Ministers shall, within six months of the day on which this Act is passed,

publish and lay before the Scottish Parliament a comprehensive review of the

measures which the Scottish Government is taking to further and to promote

gender equality in the membership of the Scottish Parliament and on the boards

of Scottish public authorities.”

Member’s explanatory statement

This New Clause requires Scottish Ministers to publish a review of the measures they are taking

to promote gender equality among members of the Scottish Parliament and on boards of Scottish

public authorities.

Mr Graham Allen

NC50

To move the following Clause—

“Commission on social and economic rights

(1)    

The Secretary of State shall appoint a commission on social and economic rights.

(2)    

The Secretary of State shall invite the Presiding Officers or Speakers of the House

of Commons, House of Lords, National Assembly of Wales, Northern Ireland

Assembly and the Scottish Parliament each to nominate no more than three

persons to the commission on social and economic rights.

(3)    

The commission on social and economic rights must report on—

(a)    

the practicality of making the Scottish Parliament and Scottish

Government subject to the rights contained in the International Covenant

on Economic, Social and Cultural Rights; and

(b)    

the consequences of Scottish devolution for the attainment of economic

and social rights throughout the United Kingdom.

Notices of Amendments: 1 July 2015                     

28

Scotland Bill, continued

(4)    

The Secretary of State may by regulations determine the role, composition,

organisation and powers of the commission on social and economic rights.”

Member’s explanatory statement

The purpose of this New Clause is to create a commission to consider whether economic and social

rights could be made justiciable in Scotland, and the prospects for achieving fuller attainment of

economic and social rights throughout the United Kingdom.

Mr Graham Allen

NC52

To move the following Clause—

“Office of Wellbeing

(1)    

Scottish Ministers shall appoint an independent Office of Wellbeing to monitor

and report on the wellbeing impacts of fiscal and macro-economic policy in

Scotland, with a particular focus on inequalities of wellbeing.

(2)    

The First Minster must publish at least once a year a wellbeing statement setting

out the relevant social, economic and environmental policies of Scottish

Ministers and their intended effects on the wellbeing of the people of Scotland.

(3)    

The Office of Wellbeing may commission independent research.

(4)    

The Office of Wellbeing must report at least once a year on progress being made

against the wellbeing statement made by the First Minister and may report from

time to time on any other relevant matter.

(5)    

The costs of the Office of Wellbeing shall be borne by the Scottish Parliament.”

Member’s explanatory statement

This Clause establishes an independent Office of Wellbeing, akin to the Office for Budget

Responsibility, to ensure that expert consideration is given to the interplay between the economic,

fiscal and macro-economic policies of the Scottish and United Kingdom Governments and their

environmental, economic and social effects.

Ian Murray

NC62

To move the following Clause—

“Duty of Scottish Ministers in relation to European Charter of Local Self-

Government

(1)    

Scottish Ministers must, in exercising their functions, observe and promote the

principles and provisions of the European Charter of Local Self-Government.

(2)    

In subsection (1) the European Charter of Local Self-Government means the

Charter of the Congress of the Council of Europe signed at Strasbourg on 15

October 1985.

(3)    

In particular, Scottish Ministers shall be placed under a legal duty to consider,

when new legislation is introduced to the Scottish Parliament, whether that

legislation introduced to the Scottish Parliament conforms to the principle of

subsidiarity, as set out in the European Charter of Local Self-Government.”

Member’s explanatory statement

The European Charter on Local Self-Government was specifically drafted to protect communities

and citizens from centralisation that would reduce or remove these rights. This new clause seeks