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| | Clause 4, page 3, line 42, at end insert “including the automatic registration of |
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| | | Member’s explanatory statement
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| | | The Amendment would give Scottish Ministers power to make provision for automatic registration |
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| | | for Scottish Parliament and Scottish local elections. In its Fourth Report of Session 2014-15 (HC |
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| | | 232), the House of Commons Political and Constitutional Reform Committee reaffirmed its view |
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| | | that voters should ideally be registered to vote automatically. |
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| | Clause 4, page 3, line 42, at end insert— |
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| | | “(b) | about online voting in elections,” |
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| | | Member’s explanatory statement
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| | | The Amendment would give Scottish Ministers power to make provision for online voting for |
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| | | Scottish Parliament and Scottish local elections. According to the House of Commons Political |
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| | | and Constitutional Reform Committee in its Fourth Report of Session 2014-15 (HC 232), online |
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| | | voting could lead to a substantial increase in the level of participation. |
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| | Clause 4, page 4, line 30, leave out from “of” to end of line 32 and insert “any |
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| | digital service provided by a Minister of the Crown for the registration of electors” |
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| | | Member’s explanatory statement
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| | | This amendment ensures that subsection (4) of new section 12 of the Scotland Act 1998 refers to |
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| | | the amended reservation of the Digital Service (see amendment 92). |
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| | Clause 4, page 5, leave out lines 1 to 3 |
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| | | Member’s explanatory statement
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| | | Due to amendment 92, a definition of the “digital service” is no longer required. |
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| | Clause 5, page 6 , line 4, leave out “, or within two months before,” |
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| | | Member’s explanatory statement
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| | | This amendment removes the provision preventing a Scottish parliamentary ordinary general |
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| | | election from being held in the two months before a UK or European parliamentary general |
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| | | election, but such an election to the Scottish Parliament could not be held on the same day as such |
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| | | elections to the UK or European Parliaments. |
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| | Clause 5, page 6, line 8, at end insert— |
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| | | “(c) | A referendum called under reserved powers” |
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| | Clause 6, page 6 , leave out lines 38 to 40 and insert “is exercisable by the Scottish |
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| | Ministers concurrently with the Secretary of State for the purposes of making provision |
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| | about the use, in relation to elections in Scotland, of any digital service provided by a |
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| | Minister of the Crown for the registration of electors.” |
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| | | Member’s explanatory statement
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| | | This amendment ensures that the regulation-making power of the Scottish Ministers refers to the |
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| | | amended reservation of the Digital Service (see amendment 92). |
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| | Clause 6, page 6, line 41, leave out from “(9)” to end of line 7 on page 7 and insert |
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| | ““elections in Scotland” means—” |
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| | | Member’s explanatory statement
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| | | Due to amendment 102, definitions of the “digital service” and “use of the digital service” are no |
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| | Clause 6, page 7, line 21, leave out “the digital service” and insert “a digital service |
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| | provided by a Minister of the Crown for the registration of electors” |
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| | | Member’s explanatory statement
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| | | This amendment ensures that the provision refers to the amended reservation of the Digital Service |
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| | Clause 6, page 7, leave out lines 34 to 36 |
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| | | Member’s explanatory statement
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| | | Due to amendment 104, definitions of the “digital service” and “election in Scotland” are no |
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| | Clause 9, page 11 , line 4, at end insert— |
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| | | ‘( ) | Omit sections 92(4A), 104(3) and 112(6) and paragraph 11(4) of Schedule 4 |
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| | | (functions under section 15 to be regarded as exercisable within devolved |
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| | | Member’s explanatory statement
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| | | This amendment repeals the subsections inserted into the Scotland Act 1998 by section 13 of the |
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| | | Scotland Act 2012. Clause 11 brings the function of making an Order in Council under sections |
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| | | 15(1) and (2) of the 1998 Act within devolved competence and these subsections are therefore no |
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| | Clause 9, page 11 , line 7, leave out “and 2” and insert “, 2 and 13” |
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| | | Member’s explanatory statement
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| | | This amendment repeals section 13 of the Scotland Act 2012. Amendment 106 repeals the |
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| | | amendments section 13 made to the Scotland Act 1998 and therefore this section is no longer |
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| | Clause 10, page 11, line 19, leave out “the decision whether to pass or reject it” and |
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| | insert “the motion that the Bill be passed is debated” |
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| | | Member’s explanatory statement
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| | | Amendments 62 to 66 to Clause 10 aim to clarify matters around references to the Supreme Court, |
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| | | in particular where the Scottish Parliament resolve to reconsider the Bill. |
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| | Clause 10, page 11, line 27, at end add— |
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| | | “(aa) | the period between general elections specified in section 2(2)” |
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| | Clause 10, page 11, line 30, at end add— |
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| | | “(ba) | the alteration of boundaries of constituencies, regions, or any equivalent |
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| | Clause 10, page 11, line 39, after “unless”, insert “it is passed without division, or” |
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| | Clause 10, page 12, line 18, at end insert— |
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| | | “(2A) | He shall not make a reference by virtue of paragraph (a) of subsection (2) if the |
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| | | Parliament resolves that it wishes to reconsider the Bill. |
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| | | (2B) | He shall not make a reference by virtue of paragraph (b) of subsection (2) if— |
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| | | (a) | the Bill was passed without a division, or |
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| | | (b) | the Bill was passed on a division and the number of members voting in |
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| | | favour of it was at least two thirds of the total number of seats for |
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| | | members of the Parliament.” |
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| | | Member’s explanatory statement
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| | | This amendment establishes that a Bill passed by consensus in the Scottish Parliament (i.e. without |
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| | | a division) automatically meets the super-majority requirement and ensures that a Presiding |
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| | | Officer’s statement is not required if the super-majority requirements are not triggered. |
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| | Clause 10, page 12, line 23, at end insert— |
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| | | “(3A) | Subsection (3B) applies where— |
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| | | (a) | a reference has been made in relation to a Bill under this section, and |
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| | | (b) | the reference has not been decided or otherwise disposed of. |
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| | | (3B) | If the Parliament resolves that it wishes to reconsider the Bill— |
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| | | (a) | the Presiding Officer shall notify the Advocate General, the Lord |
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| | | Advocate and the Attorney General of that fact, and |
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| | | (b) | the person who made the reference in relation to the Bill shall request the |
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| | | withdrawal of the reference.” |
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| | Clause 10, page 12, line 27, leave out subsections (11) and (12) and insert— |
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| | | “(10A) | In subsection (4) after paragraph (a) insert— |
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| | | “(aa) | where section 32A(2)(b) applies— |
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| | | (i) | the Supreme Court decides that the Bill or any provision of the |
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| | | Bill relates to a protected subject matter, or |
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| | | (ii) | a reference has been made in relation to the Bill under section |
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| | | 32A and the Parliament subsequently resolves that it wishes to |
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| | | (10B) | After that subsection insert— |
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| | | “(4A) | Standing orders shall provide for an opportunity for the reconsideration |
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| | | of a Bill after its rejection if (and only if), where section 32A(2)(a) |
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| | | (a) | the Supreme Court decides that the Bill or any provision of the |
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| | | Bill does not relate to a protected subject matter, or |
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| | | (b) | the Parliament resolves that it wishes to reconsider the Bill.”” |
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| | Clause 11, page 13, line 4, at end insert— |
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| | | “(1A) | In paragraph 1 of Schedule 4 (protection of Scotland Act 1998 from |
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| | | modification), delete “(2)(f) the Human Rights Act 1998” |
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| | | Member’s explanatory statement
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| | | This amendment would remove the Human Rights Act 1998 from the list of protected provisions in |
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| | | Schedule 4 of the Scotland Act 1998. |
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| | Clause 11, page 13, line 10, paragraph (a)(ii), leave out “(3)” and insert “(2B)” |
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| | | Member’s explanatory statement
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| | | Amendments 68 to 88 to Clause 11 would grant the Scottish Parliament powers to make decisions |
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| | | about all matters relating to the arrangements and operations of the Scottish Parliament and |
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| | | Scottish Government as agreed in the Smith Commission. |
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| | Clause 11, page 13, line 11, paragraph (a)(iii), leave out “11” and insert “12” |
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| | Clause 11, page 13, line 12, paragraph (a)(iv), leave out from “section” to the end |
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| | and insert “sections 13 to 27,” |
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| | Clause 11, page 13, line 13, paragraph (a)(v), leave out from “(v)” to the end and |
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| | insert “section 28(1) to (6),” |
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| | Clause 11, page 13, line 14, paragraph (a)(vi), leave out from “(vi)” to the end and |
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| | insert “sections 29(2)(e)” |
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| | Clause 11, page 13, line 15, paragraph (a)(vii), leave out “27(1) and (2)” and insert |
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| | Clause 11, page 13, line 16, paragraph (a)(viii), leave out “28(5)” and insert “32(1) |
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| | Clause 11, page 13, line 17, paragraph (a)(ix), leave out “(1)(a) and (b) and (2) and |
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| | Clause 11, page 13, line 18, paragraph (a)(x), leave out “39” and insert “38” |
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| | Clause 11, page 13, line 21, paragraph (b)(i), leave out “44(1B)(a) and (b), and (2)” |
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| | and insert “44(1C), (2) and (4),” |
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| | Clause 11, page 13, line 22, paragraph (b)(ii), leave out “(3) to (7)” and insert “to |
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| | Clause 11, page 13, line 23, paragraph (b)(iii), leave out “46(1) to (3)” and insert |
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| | “51(1), (2) and (5) to (8)” |
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