Notices of Amendments: 30 June 2015                     

12

Scotland Bill, continued

“Equal opportunities

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

opportunities).”

Member’s explanatory statement

This new clause would devolve equal opportunities to the Scottish Parliament.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

NC58

To move the following Clause—

“Levies in respect of argriculture and fisheries

(1)    

In Part 2 of Schedule 5 to the Scotland Act 1998, Section A1 is amended as

follows.

(2)    

In the Exceptions, after the exception for devolved taxes insert—

“Levies in respect of agriculture and fisheries (including sea fisheries in the

Scottish Zone and fisheries on the River Tweed): [their collection and

management].”.

(3)    

After the exceptions insert—

“Interpretation

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming

and livestock breeding and keeping, and the use of land as grazing land, meadow

land, osier land, market gardens and nursery grounds,

“River Tweed” has the same meaning as in section 111(4).”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

NC60

To move the following Clause—

“Broadcasting

Leave out section K1 in Part 2 of Schedule 5 (Broadcasting) to the 1998 Act.”

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

Notices of Amendments: 30 June 2015                     

13

Scotland Bill, continued

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

Ian Murray

157

Clause  49,  page  49,  line  6,   after “operator”, insert “or not for profit operator”

Ian Murray

158

Clause  49,  page  49,  line  8,   leave out “does not” and insert “may”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

149

Clause  50,  page  49,  leave out from line 32 to line 50 on page 50 and insert—

“(4)    

The Scottish Ministers may not make regulations under section 9 unless they have

consulted the Secretary of State about the proposed regulations.

(5)    

Subsection (1) does not prevent the Secretary of State making a support scheme

in relation to Scotland under section 9, or varying or revoking regulations made

by the Scottish Ministers under that section with the agreement of the Scottish

Ministers”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

150

Clause  51,  page  52,  line  10,  leave out subsections (5) to (9) of section 33BCA of

the Gas Act 1986 and substitute—

“(4)    

The power of the Scottish Ministers under section 33BC does not include power

to make provision in relation to the subject matter of sections 88 to 90 of the

Energy Act 2008 (smart meters).

(5)    

The Scottish Ministers may not make an order under section 33BC unless they

have consulted the Secretary of State about the proposed order.

(6)    

The power of the Secretary of State to make an order under section 33BC is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Notices of Amendments: 30 June 2015                     

14

Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

151

Clause  51,  page  53,  line  45,  leave out subsections (5) to (9) of section 33BDA of

the Gas Act 1986 and substitute—

“(5)    

The Scottish Ministers may not make an order under section 33BD unless they

have consulted the Secretary of State about the proposed order

(6)    

The power of the Secretary of State to make an order under section 33BD is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

152

Clause  51,  page  55,  leave out lines 28 to line 21 on page 56 and insert—

“(5)    

The Scottish Ministers may not make an order under section 41A unless they have

consulted the Secretary of State about the proposed order.

(6)    

The power of the Secretary of State to make an order under section 41A is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

153

Clause  51,  page  57,  leave out lines 15 to line 7 on page 58 and insert—

“(5)    

The Scottish Ministers may not make an order under section 41B unless they have

consulted the Secretary of State about the proposed order.

(6)    

The power of the Secretary of State to make an order under section 41B is

exercisable so as to make any provision that may be made by the Scottish

Ministers under that section, or vary or revoke an order made by the Scottish

Ministers under that section, but only with the agreement of the Scottish

Ministers.”

Notices of Amendments: 30 June 2015                     

15

Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

154

Clause  53,  page  60,  leave out lines 9 to 17.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

155

Clause  55,  page  63,  leave out lines 18 to 22 and insert—

“(c)    

the Scottish Ministers,

(d)    

the Scottish Ministers and the Secretary of State acting jointly; or

(e)    

the Scottish Ministers, the Secretary of State and one or more than one

other Minister of the Crown, acting jointly.”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

NC57

To move the following Clause—

“Crown property

(1)    

Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended

as follows

(2)    

Omit paragraph 2(3)

(3)    

In paragraph 3(3), omit paragraph (a)

(4)    

After paragraph 3, insert—

“3A      

Without prejudice to paragraphs 2 and 3, paragraph 1 does not

reserve—

(a)    

removing or altering functions of, or conferring functions on,

the Crown Estate Commissioners in relation to the holding or

management of property within paragraph 3(1),

(b)    

where a function of the Crown Estate Commissioners of

holding property is so removed, the transfer of any property

held in exercise of the function.”

Notices of Amendments: 30 June 2015                     

16

Scotland Bill, continued

(5)    

Functions relating to Crown property are, so far as they relate to Crown property

in or relating to the Scottish offshore region, to be treated for the purposes of the

Scotland Act 1998 as exercisable in or as regards Scotland.

(6)    

In subsection (5)—

“Crown property” means property within paragraph 3(1) of Part 1 of

Schedule 5 to the Scotland Act 1998,

“Scottish offshore region” has the same meaning as in the Marine and

Coastal Access Act 2009 (see section 322 of that Act)

(7)    

In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into the

Scottish Consolidated Fund), omit “from bona vacantia, ultimus haeres and

treasure trove”.

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

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.

Notices of Amendments: 30 June 2015                     

17

Scotland Bill, continued

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

(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).

Notices of Amendments: 30 June 2015                     

18

Scotland Bill, continued

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.

(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