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Notices of Amendments: 23 June 2015                     

15

 

Scotland Bill, continued

 
 

year. The Scottish Government could develop support programmes for those who repeatedly move

 

in and out of short periods of work, or admit people to the Work Programme early.

 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

122

 

Parliamentary Star    

Clause  26,  page  27,  line  34,  leave out “another person” and insert “a person other

 

than the person making the arrangements”

 

Ian Murray

 

Wayne David

 

Kate Green

 

9

 

Clause  26,  page  27,  line  36,  after “person”, insert “in conjunction with the local

 

authority”

 

Ian Murray

 

Kate Green

 

114

 

Clause  26,  page  27,  line  39,  at end insert—

 

“(b)    

provision of support for disabled persons in the form of non-repayable

 

payments to enable them to access employment, remain in employment,

 

or move into self-employment or start a business.”

 

Member’s explanatory statement

 

This amendment provides for the devolution of the Access-to-work scheme.

 

Ian Murray

 

Wayne David

 

Kate Green

 

10

 

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.”

 

 

Ian Murray

 

Wayne David

 

Kate Green

 

NC28

 

Parliamentary Star    

To move the following Clause—

 
 

Notices of Amendments: 23 June 2015                     

16

 

Scotland Bill, continued

 
 

         

“Housing benefit

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 8 (see section 23 above) insert—

 

         

“Exception 9

 

Housing benefit.””

 

Member’s explanatory statement

 

This New Clause provides for the full devolution of Housing Benefit, allowing Scottish Ministers

 

to abolish the Spare Room Subsidy in Scotland, and to provide £1.8 billion of investment in housing

 

in Scotland.

 

 

Mr Graham Allen

 

NC29

 

Parliamentary Star    

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.

 

 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC31

 

Parliamentary Star    

To move the following Clause—

 
 

Notices of Amendments: 23 June 2015                     

17

 

Scotland Bill, continued

 
 

         

“New benefits

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 8 (see section 23 above) insert—

 

         

“Exception 9

 

A benefit not in existence at the relevant date provided entitlement to or

 

the purpose of the benefit is different from entitlement to or the purpose

 

of any benefit that is—

 

(a)    

in existence at the relevant date,

 

(b)    

payable by or on behalf of a Minister of the Crown, and

 

(c)    

otherwise a reserved benefit

 

For the purpose of this exception—

 

“the relevant date” means the date of introduction into Parliament of the Bill

 

that becomes the Scotland Act 2015;

 

“reserved benefit” means a benefit which is to any extent a reserved matter.”

 

 

Ian Murray

 

Wayne David

 

Kate Green

 

NC42

 

Parliamentary Star    

To move the following Clause—

 

         

“New benefits

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 8 (see section 23 above) insert—

 

         

“Exception 9

 

A benefit not in existence at the relevant date provided entitlement to or

 

the purpose of the benefit is different from entitlement to or the purpose

 

of any benefit that is—

 

(a)    

In existence at the relevant date,

 

(b)    

Payable by or on behalf of a minister of the Crown, and

 

(c)    

Otherwise a reserved benefit.

 

 

For the purpose of this exception—

 

“the relevant date” means the date of introduction into Parliament of the

 

Bill that becomes the Scotland Act 2015;

 

“reserved benefit” means a benefit which is to any extent a reserved

 

matter.””

 

Member’s explanatory statement

 

This New Clause broadens the circumstances under which the Scottish Parliament can create new

 

benefits, as recommended by the Smith Commission.

 

 
 

Notices of Amendments: 23 June 2015                     

18

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC43

 

Parliamentary Star    

To move the following Clause—

 

         

“Job search and support

 

In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section H3 (job search and

 

support).”

 

 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC44

 

Parliamentary Star    

To move the following Clause—

 

         

“Working age benefits

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 9 (see section 23A above) insert—

 

         

“Exception 10

 

Benefits entitlement to which, or the purposes of which, are the same as

 

or similar to those of any of the following benefits—

 

(a)    

universal credit under Part 1 of the Welfare Reform Act 2012,

 

(b)    

jobseeker’s allowance (whether contributions-based or income-

 

based) under the Jobseekers Act 1995,

 

(c)    

employment and support allowance (whether contributory or

 

income-related) under Part 1 of the Welfare Reform Act 2007,

 

(d)    

income support under section 124 of the Social Security and

 

Benefits Act 1992,

 

(e)    

housing benefit under section 130 of that Act,

 

(f)    

child tax credit and working tax credit under the Tax Credits Act

 

2002.

 

The benefits referred to in paragraphs (a) to (f) above are—

 

(a)    

in the case of income-based jobseeker’s allowance and income-

 

related employment support allowance, those benefits as they

 

existed on 28 April 2013 (the day before their abolition),

 
 

Notices of Amendments: 23 June 2015                     

19

 

Scotland Bill, continued

 
 

(b)    

in the case of the other benefits, those benefits as they existed on

 

28 May 2015 (the date of introduction into Parliament of the Bill

 

for the Scotland Act 2015).”

 

 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC45

 

Parliamentary Star    

To move the following Clause—

 

         

“Universal credit: powers to vary other elements

 

(1)    

A function of making regulations to which this section applies, so far as it is

 

exercisable by the Secretary of State in or as regards Scotland, is exercisable by

 

the Scottish Ministers concurrently with the Secretary of State.

 

(2)    

This section applies to—

 

(a)    

regulations under section 8(3)(a) of the Welfare Reform Act 2012

 

(amount in respect of earned income) so far relating to the work

 

allowance (that is, the amount of a claimant’s earned income that is to be

 

disregarded in calculating the amounts to be deducted from the maximum

 

amount in accordance with section 8(3) of that Act),

 

(b)    

regulations under section 10 of that Act (amount in respect of

 

responsibility for children and young persons),

 

(c)    

regulations under section 12 of that Act (amounts in respect of other

 

particular needs or circumstances) so far as relating to—

 

(i)    

the needs or circumstances referred to in subsection (2)(c) of that

 

section (caring responsibilities for a severely disabled person), or

 

(ii)    

needs or circumstances of a claimant in paid work relating to

 

childcare costs,

 

(d)    

regulations under any of sections 14 to 22, 24 and 25 of that Act (work-

 

related requirements), and

 

(e)    

regulations under any of sections 26 to 28 of that Act (sanctions).

 

(3)    

The Scottish Ministers may not exercise the function of making regulations to

 

which this section applies unless they have consulted the Secretary of State.

 

(4)    

The Secretary of State may not exercise the function of making regulations to

 

which this section applies in or as regards Scotland unless he or she has consulted

 

the Scottish Ministers.

 

(5)    

Where regulations are made by the Scottish Ministers by virtue of subsection

 

(1)—

 

(a)    

section 43 of the Welfare Reform Act 2012 (regulations: procedure) does

 

not apply, and

 

(b)    

the regulations are subject to the negative procedure (see Part 2 of the

 

Interpretation and Legislative Reform (Scotland) Act 2010).”

 

 
 

Notices of Amendments: 23 June 2015                     

20

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC46

 

Parliamentary Star    

To move the following Clause—

 

         

“Benefits relating to children

 

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

 

after exception 10 (see section (Working age benefits) above) insert—

 

         

“Exception 11

 

Benefits entitlement to which, or the purposes of which, are the same as

 

or similar to those of any of the following benefits—

 

(a)    

guardian’s allowance under section 77 of the Social Security

 

Contributions and Benefits Act 1992,

 

(b)    

child benefit under Part 9 of that Act.

 

The benefits referred to in paragraphs (a) and (b) are those benefits as

 

they existed on 28 May 2015 (the date of introduction into Parliament of

 

the Bill for the Scotland Act 2015).”

 

 

CLAUSES 31 TO 37, SCHEDULE 2, CLAUSES 38 TO 45, NEW CLAUSES RELATING TO PART

 

4, NEW SCHEDULES RELATING TO PART 4

 

Mr Alistair Carmichael

 

Ian Murray

 

Wayne David

 

23

 

Clause  31,  page  30,  line  34,  leave out “may” and insert “must”

 

Ian Murray

 

Wayne David

 

52

 

Clause  31,  page  30,  line  36,  leave out “Ministers” and insert “Parliament”

 

Mr Alistair Carmichael

 

57

 

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

 
 

Notices of Amendments: 23 June 2015                     

21

 

Scotland Bill, continued

 
 

contained within the United Nations Convention on the Law of the Sea articles

 

16, 74 and 84.”

 

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.

 

Mr Alistair Carmichael

 

24

 

Clause  31,  page  32,  line  25,  leave out “C” and insert “A”

 

Mr Alistair Carmichael

 

25

 

Clause  31,  page  32,  line  31,  leave out “then, instead of the type C procedure”

 

Mr Alistair Carmichael

 

26

 

Clause  31,  page  32,  line  31,  leave out “I” and insert “A”

 

 

Ian Murray

 

Wayne David

 

123

 

Parliamentary Star    

Clause  32,  page  34,  line  13,  at end insert, “including a requirement for gender

 

balance among the members of the Scottish Parliament and members of boards of Scottish

 

public authorities.”

 

Member’s explanatory statement

 

The Amendment would ensure continued progression towards achieving gender balance among

 

members of the Scottish Parliament and on boards of Scottish public authorities.

 

 

Mr Alistair Carmichael

 

27

 

Clause  33,  page  35,  leave out lines 18 and 19

 

Ian Murray

 

Wayne David

 

53

 

Clause  33,  page  35,  line  18,  leave out sub-sub-paragraph (b)

 

Mr Alistair Carmichael

 

28

 

Clause  33,  page  35,  leave out lines 24 and 25

 

Mr Alistair Carmichael

 

29

 

Clause  33,  page  35,  leave out lines 26 to 30

 
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Revised 24 June 2015