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| | (4) | The Scottish Ministers may by regulations provide for the exercise of the general |
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| | power by local authorities to be subject to conditions, whether generally or in |
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| | relation to doing anything specified, or of a description specified, in the |
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| | |
| | (5) | The power under subsection (1), (2), (3) or (4) may be exercised in relation to— |
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| | (a) | all local authorities, |
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| | (b) | particular local authorities, or |
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| | (c) | particular descriptions of local authority. |
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| | (6) | The power under subsection (1) or (2) to amend or disapply a statutory provision |
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| | includes power to amend or disapply a statutory provision for a particular period. |
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| | (7) | Before making regulations under subsection (1), (2), (3) or (4) the Scottish |
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| | |
| | (a) | such local authorities, |
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| | (b) | such representatives of local government, and |
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| | (c) | such other persons (if any), |
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| | as the Scottish Ministers consider appropriate.” |
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| | Member’s explanatory statement
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| | This new Clause is linked to the new Clause on a local authority power of general competence |
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| To move the following Clause— |
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| | | “Limits on power under section (Powers to make supplemental provision)(1) |
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| | (1) | The Scottish Ministers may not make provision under section (Powers to make |
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| | supplemental provision)(1) unless the Scottish Ministers consider that the |
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| | conditions in subsection (2), where relevant, are satisfied in relation to that |
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| | |
| | (2) | Those conditions are that— |
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| | (a) | the effect of the provision is proportionate to the policy objective |
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| | intended to be secured by the provision, |
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| | (b) | the provision, taken as a whole, strikes a fair balance between the public |
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| | interest and the interests of any person adversely affected by it, |
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| | (c) | the provision does not remove any necessary protection, |
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| | (d) | the provision does not prevent any person from continuing to exercise |
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| | any right or freedom which that person might reasonably expect to |
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| | |
| | (e) | the provision is not of constitutional significance. |
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| | (3) | Regulations under section (Powers to make supplemental provision)(1) may not |
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| | make provision for the delegation or transfer of any function of legislating. |
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| | (4) | For the purposes of subsection (3) a function of legislating is a function of |
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| | legislating by order, rules, regulations or other subordinate instrument. |
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| |
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| | (5) | Regulations under section (Powers to make supplemental provision)(1) may not |
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| | make provision to abolish or vary any tax.” |
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| | Member’s explanatory statement
|
|
| | This new Clause is linked to the new Clause on a local authority power of general competence |
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| | |
| |
| |
| | |
| |
| To move the following Clause— |
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| | | “Procedure for regulations under section (Powers to make supplemental |
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| | |
| | (1) | If, as a result of any consultation required by section (Powers to make |
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| | supplemental provision)(7) with respect to proposed regulations under section |
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| | (Powers to make supplemental provision)(1), it appears to the Scottish Ministers |
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| | that it is appropriate to change the whole or any part of the Scottish Ministers’ |
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| | proposals, the Scottish Ministers must undertake such further consultation with |
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| | respect to the changes as the Scottish Ministers consider appropriate. |
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| | (2) | If, after the conclusion of the consultation required by section (Powers to make |
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| | supplemental provision)(7) and subsection (1), the Scottish Ministers consider it |
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| | appropriate to proceed with the making of regulations under section (Powers to |
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| | make supplemental provision)(1), the Scottish Ministers must, when laying a |
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| | draft of the regulations, also lay before the Scottish Parliament an explanatory |
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| | document explaining the proposals and giving details of— |
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| | (a) | the Scottish Ministers’ reasons for considering that the conditions in |
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| | section (Limits on power under section (Powers to make supplemental |
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| | provision)(1))(2), where relevant, are satisfied in relation to the |
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| | |
| | (b) | any consultation undertaken under section (Powers to make |
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| | supplemental provision)(7) and subsection (1), |
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| | (c) | any representations received as a result of the consultation, and |
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| | (d) | the changes (if any) made as a result of those representations. |
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| | (3) | If provision under section (Powers to make supplemental provision)(2) is |
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| | included in draft regulations under section (Powers to make supplemental |
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| | provision)(1) laid in the circumstances described in subsection (2), the |
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| | explanatory document laid with the draft regulations must also explain the |
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| | proposals under section (Powers to make supplemental provision)(2) and give |
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| | details of any consultation undertaken under section (Powers to make |
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| | supplemental provision)(7) with respect to those proposals. |
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| | (4) | Section (Powers to make supplemental provision)(7) does not apply to |
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| | regulations under section (Powers to make supplemental provision)(3) or (4) |
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| | which are made only for the purpose of amending earlier such regulations— |
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| | (a) | so as to extend the earlier regulations, or any provision of the earlier |
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| | regulations, to a particular authority or to authorities of a particular |
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| | |
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| |
| |
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| | (b) | so that the earlier regulations, or any provision of the earlier regulations, |
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| | ceases to apply to a particular authority or to authorities of a particular |
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| | |
| | Member’s explanatory statement
|
|
| | This new Clause is linked to the new Clause on a local authority power of general competence |
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| | |
| |
| |
| | |
| |
| To move the following Clause— |
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| | | “Local authority’s general power of competence: interpretation |
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| | |
| | “the general power” means the power conferred by section (Local |
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| | authority’s general power of competence)(1), |
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| | “statutory provision” means a provision of an Act or of an instrument made |
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| | |
| | Member’s explanatory statement
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|
| | This new Clause is linked to the new Clause on a local authority power of general competence |
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| | |
| |
| |
| |
| | |
| Clause 63, page 67, line 24, leave out paragraph (a) |
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| | Member’s explanatory statement
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| | This amendment provides that section 1 will not come into force on the day on which the Act is |
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| | passed, in order to link the commencement of Part 1 of the Act (Constitutional arrangements) with |
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| | the work of the Constitutional Convention, outlined in New Clause NC2 which would be required |
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| | to report by 31 March 2016. |
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| |
| |
| | |
| Clause 63, page 67, line 26, at end insert— |
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| | “(1A) | Part 1 comes into force within one month of the publication of the report of the |
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| | Constitutional Convention appointed under section (Constitutional |
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| | |
| | Member’s explanatory statement
|
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| | This amendment provides that Part 1 of the Act (Constitutional arrangements) comes into force |
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| | after publication of the report of the Constitutional Convention, as outlined in New Clause NC2, |
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| | which would be required to report by 31 March 2016. |
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| |
| |
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| |
| |
| | |
| Clause 63, page 67, line 30, leave out subsection (3) and insert— |
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| | “(3) | Part 2 of the Bill comes into force at the end of 2 months beginning with the |
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| | publication of the report of the Independent Commission on Full Fiscal |
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| | Autonomy appointed under section (Independent Commission on Full Fiscal |
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| | |
| | Member’s explanatory statement
|
|
| | This amendment provides that Part 2 (Tax) will not come into force at the end of two months |
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| | beginning with the day on which the Act is passed, in order to link the commencement of the tax |
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| | provisions of the Act with the work of the Independent Commission on Full Fiscal Autonomy, |
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| | appointed under New Clause NC1, which would be required to report by 31 March 2016. |
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| |
| |
| |
| | |
| | To move the following Clause— |
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| | | “Scottish Government review of measures taken to promote gender equality |
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| | |
| | Scottish Ministers shall, within six months of the day on which this Act is passed, |
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| | publish and lay before the Scottish Parliament a comprehensive review of the |
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| | measures which the Scottish Government is taking to further and to promote |
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| | gender equality in the membership of the Scottish Parliament.” |
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| | Member’s explanatory statement
|
|
| | This New Clause aims to encourage the promotion of gender parity in the Scottish Parliament. |
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| |
| | ORDER OF THE HOUSE [8 jUNE 2015] |
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| | That the following provisions shall apply to the Scotland Bill: |
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| | |
| | 1. | The Bill shall be committed to a Committee of the whole House. |
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| | |
| | 2. | Proceedings in Committee of the whole House shall be completed in four |
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| | |
| | 3. | The proceedings shall be taken on the days shown in the first column of the |
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| | following Table and in the order so shown. |
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| | 4. | The proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at the times specified in the second column of the Table. |
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| | |
| | Time for conclusion of proceedings |
| | | | | | | | Clauses 1 to 11, new Clauses |
| The moment of interruption on the |
| | | | relating to Part 1, new Schedules |
| | | | | | | | | | | | | | Clauses 12 to 17, Schedule 1, |
| The moment of interruption on the |
| | | | Clause 18, new Clauses relating to |
| | | | | Part 2, new Schedules relating to |
| | | | | | | | | | | | | | Clauses 19 to 30, new Clauses |
| The moment of interruption on the |
| | | | relating to Part 3, new Schedules |
| | | | | | | | | | | | | | Clauses 31 to 37, Schedule 2, |
| | | | | Clauses 38 to 45, new Clauses |
| commencement of proceedings on |
| | | | relating to Part 4, new Schedules |
| the Bill on the fourth day |
| | | | | | | | | Clauses 46 to 55, new Clauses |
| The moment of interruption on the |
| | | | 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 |
| | | | | | | | |
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| |
| |
|
| | Consideration and Third Reading |
|
| | 5. | Any proceedings on Consideration shall (so far as not previously concluded) |
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| | be brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 6. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | |
| | 7. | Standing Order No 83B (Programming committees) shall not apply to |
|
| | proceedings in Committee of the whole House, to any proceedings on |
|
| | Consideration or to proceedings on Third Reading. |
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| | |
| | 8. | Any other proceedings on the Bill (including any proceedings on |
|
| | consideration of Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| |
| | |