Session 2015-16
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Other Bills before Parliament


 
 

Committee of the whole House Proceedings: 6 July 2015      

74

 

Scotland Bill, continued

 
 

         

“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.”

 


 

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—


 
 

Committee of the whole House Proceedings: 6 July 2015      

75

 

Scotland Bill, continued

 
 

         

“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.”

 

(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.””

 



 
 

Committee of the whole House Proceedings: 6 July 2015      

77

 

Scotland Bill, continued

 
 

Ian Murray

 

Wayne David

 

Not called  NC64

 

To move the following Clause—

 

         

“Enforcement of Part 1 of Equality Act 2006

 

In the Exceptions under Section L.2 of Part 2 of Schedule 5 to the 1998 Act,

 

insert—

 

    

The enforcement of Part 1 of the Equality Act 2006.”

 


 

Sir Edward Leigh

 

Not called  NC66

 

To move the following Clause—

 

         

“Health and Medicines

 

In Part 2 of Schedule 5 to the 1998 Act, leave out “Head J (Health and

 

Medicine)””

 


 

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

 

Clauses 46 to 48 Agreed to.

 

Ian Murray

 

Not called  157

 

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

 

Ian Murray

 

Not called  158

 

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

 

Clause 49 Agreed to.

 



 
 

Committee of the whole House Proceedings: 6 July 2015      

78

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Angela Crawley

 

John Nicolson

 

Not called  149

 

Clause  50,  page  49,  leave out from beginning of 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”

 

Clause 50 Agreed to.

 


 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Angela Crawley

 

John Nicolson

 

Not called  150

 

Clause  51,  page  52,  leave out from beginning of line 10 to end of line 3 on page 53 and

 

insert—

 

“(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.”

 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Angela Crawley

 

John Nicolson

 

Not called  151

 

Clause  51,  page  53,  leave out from beginning of line 45 to end of line 37 on page 54

 

and insert—

 

“(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.”


 
 

Committee of the whole House Proceedings: 6 July 2015      

79

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Angela Crawley

 

John Nicolson

 

Not called  152

 

Clause  51,  page  55,  leave out from beginning of line 28 to end of 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

 

Not called  153

 

Clause  51,  page  57,  leave out from beginning of line 15 to end of 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.”

 

Clauses 51 and 52 Agreed to.

 


 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Angela Crawley

 

John Nicolson

 

Negatived on division  154

 

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

 

Clauses 53 and 54 Agreed to.

 



 
 

Committee of the whole House Proceedings: 6 July 2015      

80

 

Scotland Bill, continued

 
 

Angus Robertson

 

Mike Weir

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Angela Crawley

 

John Nicolson

 

Not called  155

 

Clause  55,  page  63,  line  18,  at end insert—

 

“( )    

the Scottish Ministers,”

 

Clauses 55 to 58 Agreed to.

 


 

Mr Graham Allen

 

Not called  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)).”

 


 

Mr Graham Allen

 

Not called  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.


 
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