House of Commons Amendments

Session 2015 - 16
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Other Bills before Parliament

Notices of Amendments: 25 June 2015
30

Scotland Bill, continued


“Powers to make supplemental 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),

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,

Notices of Amendments: 25 June 2015
31

Scotland Bill, continued

(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.

(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—

Notices of Amendments: 25 June 2015
32

Scotland Bill, continued

(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).

Mr Graham Allen

NC29

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.

Notices of Amendments: 25 June 2015
33

Scotland Bill, continued

Mr Graham Allen

NC30

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.

Ian Murray

Wayne David

NC41

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.

Mr Graham Allen

NC50


To move the following Clause—


“Commission on social and economic rights

(1)
The Secretary of State shall appoint a commission on social and economic rights.

(2)
The Secretary of State shall invite the Presiding Officers or Speakers of the House

of Commons, House of Lords, National Assembly of Wales, Northern Ireland

Assembly and the Scottish Parliament each to nominate no more than three

persons to the commission on social and economic rights.

(3)
The commission on social and economic rights must report on—

(a)
the practicality of making the Scottish Parliament and Scottish

Government subject to the rights contained in the International Covenant

on Economic, Social and Cultural Rights; and

(b)
the consequences of Scottish devolution for the attainment of economic

and social rights throughout the United Kingdom.

Notices of Amendments: 25 June 2015
34

Scotland Bill, continued

(4)
The Secretary of State may by regulations determine the role, composition,

organisation and powers of the commission on social and economic rights.”

Member’s explanatory statement

The purpose of this New Clause is to create a commission to consider whether economic and social

rights could be made justiciable in Scotland, and the prospects for achieving fuller attainment of

economic and social rights throughout the United Kingdom.

Mr Graham Allen

NC52


To move the following Clause—


“Office of Wellbeing

(1)
Scottish Ministers shall appoint an independent Office of Wellbeing to monitor

and report on the wellbeing impacts of fiscal and macro-economic policy in

Scotland, with a particular focus on inequalities of wellbeing.

(2)
The First Minster must publish at least once a year a wellbeing statement setting

out the relevant social, economic and environmental policies of Scottish

Ministers and their intended effects on the wellbeing of the people of Scotland.

(3)
The Office of Wellbeing may commission independent research.

(4)
The Office of Wellbeing must report at least once a year on progress being made

against the wellbeing statement made by the First Minister and may report from

time to time on any other relevant matter.

(5)
The costs of the Office of Wellbeing shall be borne by the Scottish Parliament.”

Member’s explanatory statement

This Clause establishes an independent Office of Wellbeing, akin to the Office for Budget

Responsibility, to ensure that expert consideration is given to the interplay between the economic,

fiscal and macro-economic policies of the Scottish and United Kingdom Governments and their

environmental, economic and social effects.

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—

Notices of Amendments: 25 June 2015
35

Scotland Bill, continued

“(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,

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

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: 25 June 2015
36

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



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