|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 26, page 27, line 41, at end insert “and |
|
| | (d) | temporary jobs paid at least the national minimum wage providing a |
|
| | route back into further work.” |
|
| |
| CLAUSES 31 TO 37, SCHEDULE 2, CLAUSES 38 TO 45, NEW CLAUSES RELATING TO PART |
|
| 4, NEW SCHEDULES RELATING TO PART 4 |
|
| |
| |
| |
| | |
| Clause 31, page 30, line 34, leave out “may” and insert “must” |
|
| |
| |
| | |
| Clause 31, page 30, line 36, leave out “Ministers” and insert “Parliament” |
|
| |
| | |
| Clause 31, page 30, line 37, at end insert— |
|
| | “(1A) | The Treasury and Scottish Ministers must agree a scheme transferring to the |
|
| | control of each of Shetland Islands Council, Orkney Islands Council and |
|
| | Comhairle nan Eilean Siar (“the island authorities”) on the transfer date all the |
|
| | existing Scottish functions and rights of the Commissioners relating to those parts |
|
| | of the Scottish zone surrounding each of the island authorities. |
|
| | (1B) | The exact extent of the parts of the Scottish zone to be transferred under |
|
| | subsection (lA) will be agreed by the Treasury and Scottish Ministers in |
|
| | consultation with the island authorities and in accordance with the principles |
|
| | contained within the United Nations Convention on the Law of the Sea articles |
|
| | |
| | Member’s explanatory statement
|
|
| | This Amendment would require the relevant functions of the Crown Estate in the Shetland Islands, |
|
| | Orkney and Na h-Eileanan Siar (the “Western Isles”) to be transferred to the councils for those |
|
| | areas. Articles 16, 74 and 84 of the UN Convention on the Law of the Sea set out principles for |
|
| | defining geographical extent in relation to the territorial sea, exclusive economic zones and the |
|
| | Continental shelf respectively. |
|
| |
| | |
| Clause 31, page 32, line 25, leave out “C” and insert “A” |
|
| |
| | |
| Clause 31, page 32, line 31, leave out “then, instead of the type C procedure” |
|
|
|
| |
| |
|
| |
| | |
| Clause 31, page 32, line 31, leave out “I” and insert “A” |
|
| |
| |
| |
| | |
| Clause 32, page 34, line 13, at end insert “including a requirement for gender |
|
| balance among the members of boards of Scottish public authorities.” |
|
| | Member’s explanatory statement
|
|
| | The Amendment would ensure continued progression towards achieving gender balance on boards |
|
| | of Scottish public authorities. |
|
| |
| |
| | |
| Clause 33, page 35, leave out lines 18 and 19 |
|
| |
| |
| | |
| Clause 33, page 35, line 18, leave out sub-sub-paragraph (b) |
|
| |
| | |
| Clause 33, page 35, leave out lines 24 and 25 |
|
| |
| | |
| Clause 33, page 35, leave out lines 26 to 30 |
|
| |
| |
| | |
| Clause 33, page 37, line 17, at end insert— |
|
| | “(7A) | Scottish Ministers, in conjunction with the Advisory, Conciliation and |
|
| | Arbitration Service (ACAS) shall establish and oversee a process, involving |
|
| | Scottish businesses and trades unions, to end the current employment tribunal fee |
|
| | |
| |
| |
| | |
| Clause 43, page 45, line 7, at end add— |
|
|
|
| |
| |
|
| | “(aa) | leave out the subject matter of the Estate Agents Act 1979” |
|
| |
| |
| | |
| Clause 45, page 47, line 7, leave out “for which the maximum charge for use is |
|
| |
| |
| | |
| Clause 45, page 47, line 17, leave out “for which the maximum charge for use is |
|
| |
| |
| | |
| Clause 45, page 47, line 35, leave out subsection (6) |
|
| |
| | |
| Clause 45, page 47, line 36, at end add— |
|
| | “( ) | 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 |
|
| | |
| |
| | |
| Clause 45, page 47, line 36, at end add— |
|
| | “( ) | In Part 2 of Schedule 5 to the Scotland Act 1998 (Employment) leave out |
|
| | “Section H2 (Health and Safety)”” |
|
| |
| |
| |
| | |
| |
| To move the following Clause— |
|
| | |
| | (1) | In section E1 of Schedule 5 to the Scotland Act 1998 (Road transport) after |
|
| | |
| | “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) |
|
| | |
| | “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 |
|
| | on Mark Lazarowicz’s Private Members’ Bill from the last Parliament, which was supported in |
|
| | principle by the then Secretary of State 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 |
|
| |
| | |
| |
| 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 |
|
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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. |
|
| |
| |
| | |
| |
| 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 |
|
| | |
| | |
| | “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 |
|
| | |
| | “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 |
|
| | |
| | “pre-commencement power” means power conferred by a statutory |
|
| | |
| | (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 |
|
| | |
| | Member’s explanatory statement
|
|
| | This new Clause is linked to the new Clause on a local authority power of general competence |
|
| | |
| |
| |
| | |
| |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (a) | the service is not one that a statutory provision requires the authority to |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (4) | The duty under subsection (3) applies separately in relation to each kind of |
|
| | |
| | Member’s explanatory statement
|
|
| | This new Clause is linked to the new Clause on a local authority power of general competence |
|
| | |
| |
| |
| | |
| |
| 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 |
|
| | |
| | (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 |
|
| | |
| | Member’s explanatory statement
|
|
| | This new Clause is linked to the new Clause on a local authority power of general competence |
|
| | |
| |
| |
| | |
| |
| To move the following Clause— |
|
| | | “Powers to make supplement 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 |
|
| | |
| | (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. |
|
|