Session 2015 - 16
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Other Bills before Parliament


 
 

Notices of Amendments: 23 June 2015                     

22

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

54

 

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

 

system 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””

 


 

Mr Alistair Carmichael

 

31

 

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

 

more than £10”

 

Mr Alistair Carmichael

 

32

 

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

 

more than £10”

 

Mr Alistair Carmichael

 

33

 

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

 


 

Ian Murray

 

Wayne David

 

NC22

 

Parliamentary Star - white    

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.”


 
 

Notices of Amendments: 23 June 2015                     

23

 

Scotland Bill, continued

 
 

(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

 

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

 

Parliamentary Star    

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

 

Parliamentary Star    

To move the following Clause—


 
 

Notices of Amendments: 23 June 2015                     

24

 

Scotland Bill, continued

 
 

         

“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.””

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC47

 

Parliamentary Star    

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).”

 


 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC48

 

Parliamentary Star    

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.”

 



 
 

Notices of Amendments: 23 June 2015                     

25

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Dr Eilidh Whiteford

 

Stewart Hosie

 

Michelle Thomson

 

Natalie McGarry

 

NC49

 

Parliamentary Star    

To move the following Clause—

 

         

“Equal opportunities

 

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

 

opportunities).”

 


 

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

 

Mr Graham Allen

 

NC12

 

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

 

whatever, including—

 

(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

 

without charge, and

 

(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


 
 

Notices of Amendments: 23 June 2015                     

26

 

Scotland Bill, continued

 
 

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.

 


 

Mr Graham Allen

 

NC13

 

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

 

a local authority.

 

(4)    

In this section—

 

“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

 

of competence),

 

“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

 

competence),

 

“pre-commencement power” means power conferred 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


 
 

Notices of Amendments: 23 June 2015                     

27

 

Scotland Bill, continued

 
 

(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

 

competence).’

 

Member’s explanatory statement

 

This new Clause is linked to the new Clause on a local authority power of general competence

 

(NC12).

 


 

Mr Graham Allen

 

NC14

 

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

 

commercial purpose, and

 

(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

 

to the person only if—

 

(a)    

the service is not one that a statutory provision requires the authority to

 

provide to the person,

 

(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

 

the costs of provision.

 

(4)    

The duty under subsection (3) applies separately in relation to each kind of

 

service.”

 

Member’s explanatory statement

 

This new Clause is linked to the new Clause on a local authority power of general competence

 

(NC12).

 


 

Mr Graham Allen

 

NC15

 

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.


 
 

Notices of Amendments: 23 June 2015                     

28

 

Scotland Bill, continued

 
 

(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

 

Act 2006, or

 

(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

 

Ireland) 1969.”

 

Member’s explanatory statement

 

This new Clause is linked to the new Clause on a local authority power of general competence

 

(NC12).

 


 

Mr Graham Allen

 

NC16

 

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

 

provision.

 

(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.

 

(4)    

The Scottish Ministers may by regulations provide for the exercise of the general

 

power by local authorities to be subject to conditions, whether generally or in

 

relation to doing anything specified, or of a description specified, in the

 

regulations.

 

(5)    

The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

 

(a)    

all local authorities,

 

(b)    

particular local authorities, or

 

(c)    

particular descriptions of local authority.

 

(6)    

The power under subsection (1) or (2) to amend or disapply a statutory provision

 

includes power to amend or disapply a statutory provision for a particular period.

 

(7)    

Before making regulations under subsection (1), (2), (3) or (4) the Scottish

 

Ministers must consult—

 

(a)    

such local authorities,

 

(b)    

such representatives of local government, and

 

(c)    

such other persons (if any),


 
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Revised 24 June 2015