Committee of the whole House: 30 June 2015              

15

Scotland Bill, continued

Mr Alistair Carmichael

26

Clause  31,  page  32,  line  31,  leave out “I” and insert “A”

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.”

Committee of the whole House: 30 June 2015              

16

Scotland Bill, continued

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

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

Committee of the whole House: 30 June 2015              

17

Scotland Bill, continued

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

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.””

Committee of the whole House: 30 June 2015              

18

Scotland Bill, continued

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

NC47

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).”

Member’s explanatory statement

This new clause would devolve employment and industrial relations to the Scottish Parliament.

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

NC48

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.”

Member’s explanatory statement

This new clause would devolve health and safety to the Scottish Parliament and designates the

Health and Safety Executive as a cross-border public authority.

Committee of the whole House: 30 June 2015              

19

Scotland Bill, continued

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

NC49

To move the following Clause—

“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.

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

Committee of the whole House: 30 June 2015              

20

Scotland Bill, continued

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.

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

Committee of the whole House: 30 June 2015              

21

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.