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.