Session 2015 - 16
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Notices of Amendments: 23 June 2015                     

29

 

Scotland Bill, continued

 
 

as the Scottish Ministers consider appropriate.”

 

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

 

NC17

 

To move the following Clause—

 

         

“Limits on power under section (Powers to make supplemental provision)(1)

 

(1)    

The Scottish Ministers may not make provision under section (Powers to make

 

supplemental provision)(1) unless the Scottish Ministers consider that the

 

conditions in subsection (2), where relevant, are satisfied in relation to that

 

provision.

 

(2)    

Those conditions are that—

 

(a)    

the effect of the provision is proportionate to the policy objective

 

intended to be secured by the provision,

 

(b)    

the provision, taken as a whole, strikes a fair balance between the public

 

interest and the interests of any person adversely affected by it,

 

(c)    

the provision does not remove any necessary protection,

 

(d)    

the provision does not prevent any person from continuing to exercise

 

any right or freedom which that person might reasonably expect to

 

continue to exercise,

 

(e)    

the provision is not of constitutional significance.

 

(3)    

Regulations under section (Powers to make supplemental provision)(1) may not

 

make provision for the delegation or transfer of any function of legislating.

 

(4)    

For the purposes of subsection (3) a function of legislating is a function of

 

legislating by order, rules, regulations or other subordinate instrument.

 

(5)    

Regulations under section (Powers to make supplemental provision)(1) may not

 

make provision to abolish or vary any tax.”

 

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

 

NC18

 

To move the following Clause—

 

         

“Procedure for regulations under section (Powers to make supplemental

 

provision)

 

(1)    

If, as a result of any consultation required by section (Powers to make

 

supplemental provision)(7) with respect to proposed regulations under section

 

(Powers to make supplemental provision)(1), it appears to the Scottish Ministers

 

that it is appropriate to change the whole or any part of the Scottish Ministers’

 

proposals, the Scottish Ministers must undertake such further consultation with

 

respect to the changes as the Scottish Ministers consider appropriate.


 
 

Notices of Amendments: 23 June 2015                     

30

 

Scotland Bill, continued

 
 

(2)    

If, after the conclusion of the consultation required by section (Powers to make

 

supplemental provision)(7) and subsection (1), the Scottish Ministers consider it

 

appropriate to proceed with the making of regulations under section (Powers to

 

make supplemental provision)(1), the Scottish Ministers must, when laying a

 

draft of the regulations, also lay before the Scottish Parliament an explanatory

 

document explaining the proposals and giving details of—

 

(a)    

the Scottish Ministers’ reasons for considering that the conditions in

 

section (Limits on power under section (Powers to make supplemental

 

provision)(1))(2), where relevant, are satisfied in relation to the

 

proposals,

 

(b)    

any consultation undertaken under section (Powers to make

 

supplemental provision)(7) and subsection (1),

 

(c)    

any representations received as a result of the consultation, and

 

(d)    

the changes (if any) made as a result of those representations.

 

(3)    

If provision under section (Powers to make supplemental provision)(2) is

 

included in draft regulations under section (Powers to make supplemental

 

provision)(1) laid in the circumstances described in subsection (2), the

 

explanatory document laid with the draft regulations must also explain the

 

proposals under section (Powers to make supplemental provision)(2) and give

 

details of any consultation undertaken under section (Powers to make

 

supplemental provision)(7) with respect to those proposals.

 

(4)    

Section (Powers to make supplemental provision)(7) does not apply to

 

regulations under section (Powers to make supplemental provision)(3) or (4)

 

which are made only for the purpose of amending earlier such regulations—

 

(a)    

so as to extend the earlier regulations, or any provision of the earlier

 

regulations, to a particular authority or to authorities of a particular

 

description, or

 

(b)    

so that the earlier regulations, or any provision of the earlier regulations,

 

ceases to apply to a particular authority or to authorities of a particular

 

description.”

 

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

 

NC19

 

To move the following Clause—

 

         

“Local authority’s general power of competence: interpretation

 

In this Part—

 

“the general power” means the power conferred by section (Local

 

authority’s general power of competence)(1),

 

“statutory provision” means a provision of an Act or of an instrument made

 

under an Act.”

 

Member’s explanatory statement

 

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

 

(NC12).

 



 
 

Notices of Amendments: 23 June 2015                     

31

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

NC41

 

Parliamentary Star    

To move the following Clause—

 

         

“Scottish Government review of measures taken to promote gender equality

 

in Scottish Parliament

 

Scottish Ministers shall, within six months of the day on which this Act is passed,

 

publish and lay before the Scottish Parliament a comprehensive review of the

 

measures which the Scottish Government is taking to further and to promote

 

gender equality in the membership of the Scottish Parliament and on the boards

 

of Scottish public authorities.”

 

Member’s explanatory statement

 

This New Clause requires Scottish Ministers to publish a review of the measures they are taking

 

to promote gender equality among members of the Scottish Parliament and on boards of Scottish

 

public authorities.

 


 

Ian Murray

 

Wayne David

 

1

 

Clause  63,  page  67,  line  24,  leave out paragraph (a)

 

Member’s explanatory statement

 

This amendment provides that section 1 will not come into force on the day on which the Act is

 

passed, in order to link the commencement of Part 1 of the Act (Constitutional arrangements) with

 

the work of the Constitutional Convention, outlined in New Clause NC2 which would be required

 

to report by 31 March 2016.

 

Ian Murray

 

Wayne David

 

2

 

Clause  63,  page  67,  line  26,  at end insert—

 

“(1A)    

Part 1 comes into force within one month of the publication of the report of the

 

Constitutional Convention appointed under section (Constitutional

 

Convention).”

 

Member’s explanatory statement

 

This amendment provides that Part 1 of the Act (Constitutional arrangements) comes into force

 

after publication of the report of the Constitutional Convention, as outlined in New Clause NC2,

 

which would be required to report by 31 March 2016.

 

Ian Murray

 

Wayne David

 

3

 

Clause  63,  page  67,  line  30,  leave out subsection (3) and insert—

 

“(3)    

Part 2 of the Bill comes into force at the end of 2 months beginning with the

 

publication of the report of the Independent Commission on Full Fiscal

 

Autonomy appointed under section (Independent Commission on Full Fiscal

 

Autonomy).”

 

Member’s explanatory statement

 

This amendment provides that Part 2 (Tax) will not come into force at the end of two months

 

beginning with the day on which the Act is passed, in order to link the commencement of the tax

 

provisions of the Act with the work of the Independent Commission on Full Fiscal Autonomy,


 
 

Notices of Amendments: 23 June 2015                     

32

 

Scotland Bill, continued

 
 

appointed under New Clause NC1, which would be required to report by 31 March 2016.

 


 

Mr Graham Allen

 

NC30

 

Parliamentary Star    

To move the following Clause—

 

         

“Subsidiarity

 

That Subsidiarity as defined by the Maastricht Treaty 1992 Article 5(3) shall

 

apply to the functions of national and local government in Scotland.”

 

Member’s explanatory statement

 

This extends protection of Scottish Local Government’s independence by protecting its

 

subsidiarity behind a European Treaty applicable to the United Kingdom.

 

 

ORDER OF THE HOUSE [8 jUNE 2015]

 

That the following provisions shall apply to the Scotland Bill:

 

Committal

 

1.    

The Bill shall be committed to a Committee of the whole House.

 

Proceedings in Committee

 

2.    

Proceedings in Committee of the whole House shall be completed in four

 

days.

 

3.    

The proceedings shall be taken on the days shown in the first column of the

 

following Table and in the order so shown.

 

4.    

The proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at the times specified in the second column of the Table.

 

      TABLE

 

Proceedings

Time for conclusion of proceedings

 
 

First day

 
 

Clauses 1 to 11, new Clauses

The moment of interruption on the

 
 

relating to Part 1, new Schedules

first day

 
 

relating to Part 1

  
 

Second day

 
 

Clauses 12 to 17, Schedule 1,

The moment of interruption on the

 
 

Clause 18, new Clauses relating to

second day

 
 

Part 2, new Schedules relating to

  
 

Part 2

  
 

Third day

 
 

Clauses 19 to 30, new Clauses

The moment of interruption on the

 
 

relating to Part 3, new Schedules

third day

 
 

relating to Part 3

  
 

Fourth day

 
 

Clauses 31 to 37, Schedule 2,

Three hours after the

 
 

Clauses 38 to 45, new Clauses

commencement of proceedings on

 
 

relating to Part 4, new Schedules

the Bill on the fourth day

 
 

relating to Part 4

  
 

Clauses 46 to 55, new Clauses

The moment of interruption on the

 
 

relating to Part 5, new Schedules

fourth day

 
 

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

  

 
 

Notices of Amendments: 23 June 2015                     

33

 

Scotland Bill, continued

 
 

Consideration and Third Reading

 

5.    

Any proceedings on Consideration shall (so far as not previously concluded)

 

be brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

6.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

Programming committee

 

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.

 

Other proceedings

 

8.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 18 June:

 

Amendment 14

 

The following Notices were withdrawn on 23 June:

 

Amendments 11, 15, 34, 35, 91 and NC4

 


 
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