Committee of the whole House Proceedings: 6 July 2015      

70

Scotland Bill, continued

Clauses 43 and 44 Agreed to.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  146

Clause  45,  page  47,  line  3,  leave out from “insert-“ to the end of subsection (1) and

insert—

“Exceptions

The number of relevant gaming machines authorised (if any) in respect of

premises licences under the Gambling Act 2005.

“Interpretation

A “relevant gaming machine” is a gaming machine (within the meaning of

section 235 of the Gambling Act 2005) for which the maximum charge for use is

more than £10.””.

Mr Alistair Carmichael

Not called  31

Clause  45,  page  47,  line  7,  leave out “for which the maximum charge for use is

more than £10”

Graham Jones

Not called  163

Clause  45,  page  47,  line  7,   leave out “£10” and insert “£2”

Ian Murray

Wayne David

Not called  159

Clause  45,  page  47,  line  8,  at end insert “and the designation of licensing standards

officers in Scotland as authorised persons for the exercise of inspection and enforcement

functions in respect of such licences.”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  147

Clause  45,  page  47,  line  13,  leave out from “means” to the end of subsection (4)

and insert—

“(a)    

the Scottish Ministers in respect of premises in Scotland in so far as the

order varies the number of gaming machines authorised (if any) for

which the maximum charge for use is more than £10, or

(b)    

otherwise, the Secretary of State.”

Committee of the whole House Proceedings: 6 July 2015      

71

Scotland Bill, continued

Mr Alistair Carmichael

Not called  32

Clause  45,  page  47,  line  17,  leave out “for which the maximum charge for use is

more than £10”

Graham Jones

Not called  164

Clause  45,  page  47,  line  18,   leave out “£10” and insert “£2”

Graham Jones

Not called  165

Clause  45,  page  47,  line  18,  after “£10” insert —

“( )    

the content and the speed of play,”

Graham Jones

Not called  166

Clause  45,  page  47,  line  18,  after “£10” insert—

“( )    

the number of staff required to supervise such machines,”

Ian Murray

Wayne David

Not called  160

Clause  45,  page  47,  line  20,  at end insert—

“(4A)    

In section 304 of that Act (authorised persons), after subsection 4(c) insert—

“(d)    

Licensing Standards Officers (LSOs) of Scottish local authorities,

appointed in terms of section 13 of the Licensing (Scotland) Act 2005.””

Mr Alistair Carmichael

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  33

Clause  45,  page  47,  line  35,  leave out subsection (6)

Clause 45 Agreed to.

Ian Murray

Wayne David

Not called  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—

Committee of the whole House Proceedings: 6 July 2015      

72

Scotland Bill, continued

“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.””

Mr Alistair Carmichael

Not called  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).”

Mr Alistair Carmichael

Not called  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,

Committee of the whole House Proceedings: 6 July 2015      

73

Scotland Bill, continued

(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

Not called  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).”

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

Not called  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.”

Committee of the whole House Proceedings: 6 July 2015      

74

Scotland Bill, continued

Angus Robertson

Mike Weir

Dr Eilidh Whiteford

Stewart Hosie

Michelle Thomson

Natalie McGarry

Not called  NC49

To move the following Clause—

“Equal opportunities

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

opportunities).”

Dr John Pugh

Mrs Fiona Bruce

Robert Flello

Not called  NC56

To move the following Clause—

“Abortion

In Part 2 of Schedule 5 to the 1998 Act, leave out section J1 (abortion).”

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  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),

Committee of the whole House Proceedings: 6 July 2015      

75

Scotland Bill, continued

(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.”

(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”.

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  NC59

To move the following Clause—

“Party political broadcasts

In Section K1 of Part 2 of Schedule 5 to the Scotland Act 1998 (broadcasting),

after the reservation insert—

“Exceptions

The regulation of

(a)    

party political broadcasts in connection with elections that are within the

legislative competence of the Parliament, and

(b)    

referendum campaign broadcasts in connection with referendums held

under Acts of the Scottish Parliament.”

Committee of the whole House Proceedings: 6 July 2015      

76

Scotland Bill, continued

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  NC60

To move the following Clause—

“Broadcasting

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

Angus Robertson

Mike Weir

Stewart Hosie

Dr Eilidh Whiteford

Angela Crawley

John Nicolson

Not called  NC61

To move the following Clause—

“Levies in respect of agriculture, taking wild game, aquaculture and fisheries

etc.

(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, taking wild game, aquaculture and

fisheries (including sea fisheries) or a related activity: 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.

“aquaculture” includes the breeding, rearing or cultivation of fish (of any

kind), seafood or aquatic organisms.

“related activity” means the production, processing, manufacture,

marketing or distribution of—

(a)    

anything (including any creature alive or dead) produced or

taken in the course of agriculture, taking wild game or

aquaculture, or caught (by any means) in a fishery,

(b)    

any product which is derived to any substantial extent from

anything so produced or caught.””