Committee of the whole House: 6 July 2015                

8

Scotland Bill, continued

(3B)    

In subsection (3A), “rental payment” means payment of an amount to be

calculated by reference to the area of land to which the licence relates.””

Member’s explanatory statement

In Clause 41, the Secretary of State has retained the power to set the consideration payable for

licences. This could restrict Scottish Ministers’ ability to set other charges that form integral

aspects of the licensing regime: for example, the Department of Energy and Climate Change

(DECC) charge a ‘land rental’. This would enable Scottish Ministers to introduce a similar

scheme in Scotland.

Mr Alistair Carmichael

30

Clause  43,  page  45,  line  7,  at end insert—

“(aa)    

in the list of subject-matter, leave out “(c) the Estate Agents Act 1979,””

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

145

Clause  43,  page  45,  line  9,  leave out from “insert—” to the end of subsection (8)

and insert—

“The provision of consumer advocacy and advice.

Enforcement and redress for breach of consumer rights.”

(3)    

In Section C8 (product standards, safety and liability) after the heading

“Exceptions” insert—

“The provision of consumer advocacy and advice.

Enforcement of, and redress for breach of, consumer rights.”

(4)    

In Section C9 (weights and measures) after the reservations insert—

“Exceptions

The provision of consumer advocacy and advice.

Enforcement of, and redress for breach of, consumer rights.”

(5)    

In Section C10 (telecommunications)—

(a)    

for the heading “Exception” substitute “Exceptions”;

(b)    

after that heading insert—

“The provision of consumer advocacy and advice.

Enforcement and redress for breach of consumer rights.”

(6)    

In Section C11 (posts)—

(a)    

for the heading “Exception” substitute “Exceptions”;

(b)    

after that heading insert—

“The provision of consumer advocacy and advice.

Enforcement of, and redress for breach of, consumer rights.”

(7)    

In Section D1 (electricity)—

(a)    

for the heading “Exception” substitute “Exceptions”;

(b)    

after the exception relating to the Environmental Protection Act 1990

insert—

Committee of the whole House: 6 July 2015                

9

Scotland Bill, continued

“The provision of consumer advocacy and advice.

Enforcement of, and redress for breach of, consumer rights.”

(8)    

In Section D2 (oil and gas), at the end of the exceptions insert—

“The provision of consumer advocacy and advice.

Enforcement of, and redress for breach of, consumer rights.”

Member’s explanatory statement

This amendment would provide an exception to reservation C10 in Schedule 5 to the Scotland Act

which covers telecommunications and devolves responsibility for consumer enforcement and

redress to the Scottish Parliament. It also removes unnecessary references to a public body and to

the holder of a public office.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

146

Clause  45,  page  47,  line  3,  leave out from “insert-“ to the end of subsection (1) and

insert—

“Exceptions

The number of relevant gaming machines authorised (if any) in respect of

premises licences under the Gambling Act 2005.

“Interpretation

A “relevant gaming machine” is a gaming machine (within the meaning of

section 235 of the Gambling Act 2005) for which the maximum charge for use is

more than £10.””.

Member’s explanatory statement

This amendment replaces the reference to betting premises with a more general reference to

gambling premises, giving full effect to Smith Commission recommendation 74.

Mr Alistair Carmichael

31

Clause  45,  page  47,  line  7,  leave out “for which the maximum charge for use is

more than £10”

Graham Jones

163

Clause  45,  page  47,  line  7,   leave out “£10” and insert “£2”

Ian Murray

Wayne David

159

Clause  45,  page  47,  line  8,  at end insert “and the designation of licensing standards

officers in Scotland as authorised persons for the exercise of inspection and enforcement

functions in respect of such licences.”

Member’s explanatory statement

This Amendment would allow the Scottish Parliament to include Licensing Standards Officers

(LSOs) in Scotland as authorised persons who may exercise inspection and enforcement functions

Committee of the whole House: 6 July 2015                

10

Scotland Bill, continued

under the Gambling Act 2005 in respect of the number of gaming machines authorised under a

betting premises licence.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

147

Clause  45,  page  47,  line  13,  leave out from “means” to the end of subsection (4)

and insert—

“(a)    

the Scottish Ministers in respect of premises in Scotland in so far as the

order varies the number of gaming machines authorised (if any) for

which the maximum charge for use is more than £10, or

(b)    

otherwise, the Secretary of State.”

Member’s explanatory statement

This amendment replaces the reference to betting premises with a more general reference to

gambling premises, giving full effect to Smith Commission recommendation 74.

Mr Alistair Carmichael

32

Clause  45,  page  47,  line  17,  leave out “for which the maximum charge for use is

more than £10”

Graham Jones

164

Clause  45,  page  47,  line  18,   leave out “£10” and insert “£2”

Graham Jones

165

Clause  45,  page  47,  line  18,  after “£10” insert —

“( )    

the content and the speed of play,”

Graham Jones

166

Clause  45,  page  47,  line  18,  after “£10” insert—

“( )    

the number of staff required to supervise such machines,”

Ian Murray

Wayne David

160

Clause  45,  page  47,  line  20,  at end insert—

“(4A)    

In section 304 of that Act (authorised persons), after subsection 4(c) insert—

“(d)    

Licensing Standards Officers (LSOs) of Scottish local authorities,

appointed in terms of section 13 of the Licensing (Scotland) Act 2005.””

Member’s explanatory statement

This Amendment would include Licensing Standards Officers (LSOs) in Scotland as authorised

persons who may exercise inspection and enforcement functions under the Gambling Act 2005 in

respect of the number of gaming machines authorised under a betting premises licence.

Committee of the whole House: 6 July 2015                

11

Scotland Bill, continued

Mr Alistair Carmichael

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

33

Clause  45,  page  47,  line  35,  leave out subsection (6)

Ian Murray

Wayne David

NC22

To move the following Clause—

“Obstructive parking

(1)    

In section E1 of Schedule 5 to the Scotland Act 1998 (Road transport) after

“Exceptions”, insert—

“The subject matter of sections 19 to 22 (Stopping on verges, etc, or in dangerous

positions, etc.) of the Road Traffic Act 1988;

The subject-matter of section 41(5) (Regulation of construction, weight,

equipment and use of vehicles) of the Road Traffic Act 1988 in so far as it relates

to the making of regulations making it an offence to cause or permit a vehicle to

stand on the road so as to cause any unnecessary obstruction of the road.”

(2)    

After section 51 of the Road Traffic Offenders Act 1988 (Fixed penalty offences)

insert new section 51A—

“51A  

Offences under Road Traffic Act 1988

(1)    

Any offence in respect of a vehicle under regulations made by Scottish

Ministers under section 41(5) (Regulation of construction, weight,

equipment and use of vehicles) of the Road Traffic Act 1988 is a fixed

penalty offence for the purposes of this Part of this Act if it is specified

as such in those regulations, but subject to subsection (2) below.

(2)    

An offence under an enactment so specified is not a fixed penalty offence

for those purposes if it is committed by causing or permitting a vehicle to

be used by another person in contravention of any provision made or

restriction or prohibition imposed by or under any enactment.”

(3)    

Before proposing a change in regulation of a subject matter falling under this

section, Scottish Ministers shall—

(a)    

consult the Secretary of State, and

(b)    

publish and lay before the Scottish Parliament an assessment of the

impact on road safety of any difference between the proposed change in

Scotland and road traffic rules in other parts of the United Kingdom.””

Member’s explanatory statement

This amendment is intended to ensure that offences in relation to parking on pavements can be

enforced by the Scottish Parliament. Other offences would be unaffected. This amendment is based

Committee of the whole House: 6 July 2015                

12

Scotland Bill, continued

on Mark Lazarowicz’s Private Members’ Bill from the last Parliament, which was supported in

principle by the then Secretary of State for Scotland.

Mr Alistair Carmichael

NC26

To move the following Clause—

“Health and safety

In Part 2 of Schedule 5 to the Scotland Act 1998 (Employment), leave out Section

H2 (Health and Safety).”

Member’s explanatory statement

This new Clause would remove from the list of reserved matters in the 1998 Act (and so transfer

to the Scottish Parliament) the subject-matter of Part I of the Health and Safety at Work etc. Act

1974 (Health, safety and welfare in connection with work, and control of dangerous substances

and certain emissions into the atmosphere), the Health and Safety Commission, the Health and

Safety Executive and the Employment Medical Advisory Service.

Mr Alistair Carmichael

NC27

To move the following Clause—

“Business associations

In Section C1 in Part 2 of Schedule 5 to the Scotland Act 1998 (Business

associations) at the end of the exceptions insert—

“(c)    

the law on partnerships and unincorporated associations,

(d)    

the creation of new forms of cooperative enterprise,

(e)    

the creation of new forms of mutual enterprise,

(f)    

the creation of economic interest groups where the European Economic

Interest Group under regulation EEC 2137/85 is not available because the

members do not come from more than one member state.””

Committee of the whole House: 6 July 2015                

13

Scotland Bill, continued

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

NC47

To move the following Clause—

“Employment and industrial relations

In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section H1 (employment

and industrial relations).”

Member’s explanatory statement

This new clause would devolve employment and industrial relations to the Scottish Parliament.

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

NC48

To move the following Clause—

“Health and safety

(1)    

In Part 2 of Schedule 5 to the Scotland Act 1998 (“the 1998 Act”), omit Section

H2 (health and safety).

(2)    

The Health and Safety Executive is a cross-border public authority for the

purposes of the 1998 Act.

(3)    

The 1998 Act applies in relation to the Health and Safety Executive in the same

way as it applies in relation to cross-border public authorities specified in an

Order in Council under section 88(5) of the 1998 Act.”

Member’s explanatory statement

This new clause would devolve health and safety to the Scottish Parliament and designates the

Health and Safety Executive as a cross-border public authority.

Committee of the whole House: 6 July 2015                

14

Scotland Bill, continued

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

NC49

To move the following Clause—

“Equal opportunities

In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section L2 (equal

opportunities).”

Member’s explanatory statement

This new clause would devolve equal opportunities to the Scottish Parliament.

Dr John Pugh

Mrs Fiona Bruce

Robert Flello

NC56

To move the following Clause—

“Abortion

In Part 2 of Schedule 5 to the 1998 Act, leave out section J1 (abortion).”

Member’s explanatory statement

This amendment removes the specific reservation of abortion, thus transferring competence over

abortion to the Scottish Parliament.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

NC57

To move the following Clause—

“Crown property

(1)    

Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended

as follows

(2)    

Omit paragraph 2(3)

(3)    

In paragraph 3(3), omit paragraph (a)

(4)    

After paragraph 3, insert—

“3A      

Without prejudice to paragraphs 2 and 3, paragraph 1 does not

reserve—