House of Commons Amendments

Session 2015 - 16
Internet Publications
Other Bills before Parliament

Notices of Amendments: 25 June 2015
21

Scotland Bill, continued


“Childcare element of universal credit

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

after exception 6 (see section 22 above) insert—


“Exception 7

The subject-matter of regulations 31 to 34 of the Universal Credit

Regulations 2013.””

Member’s explanatory statement

This will allow the Scottish Government to help parents and families in Scotland by devolving to

the Scottish Parliament control over, and the power to vary, the childcare element of Universal

Credit.

Sir Edward Leigh

NC55


To move the following Clause—


“Social security

In Part 2 of Schedule 5 to the Scotland Act 1998, leave out Head F (Social

security).”

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) all social security schemes, including National Insurance and housing

benefit, as well as child support, occupational and personal pensions and war pensions.

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.

Notices of Amendments: 25 June 2015
22

Scotland Bill, continued

(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

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 Jacob Rees-Mogg

125


Clause  31,  page  31,  line  22,  at end insert—

“( )
The scheme must not include any alteration to the Sovereign Grant Act 2011.”

Member’s explanatory statement

The Sovereign Grant Act 2011 made provision for the honour and dignity of the Crown and the

Royal Family and about allowances and pensions under the Civil List Acts of 1837 and 1952.

Mr Jacob Rees-Mogg

126


Clause  31,  page  31,  line  22,  at end insert—

“( )
The scheme must not include any reduction in the pro rata payments due to Her

Majesty under the Sovereign Grant Act 2011.”

Member’s explanatory statement

This amendment is to ensure that Scotland continues to contribute its share towards the costs of

the Monarchy.

Mr Jacob Rees-Mogg

127


Clause  31,  page  31,  line  22,  at end insert—

“( )
The scheme must not include any permanent alienation of the rights of the

Crown.”

Member’s explanatory statement

This amendment protects the position of future Sovereigns in respect of the rights of the Crown.

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”

Notices of Amendments: 25 June 2015
23

Scotland Bill, continued

Ian Murray

Wayne David

123

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

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

Notices of Amendments: 25 June 2015
24

Scotland Bill, continued

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

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.”

(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

Notices of Amendments: 25 June 2015
25

Scotland Bill, continued

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

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

To move the following Clause—


“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

To move the following Clause—



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