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| | (1) | In Part 2 of Schedule 5 to the Scotland Act 1998 (“the 1998 Act”), omit Section |
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| | (2) | The Health and Safety Executive is a cross-border public authority for the |
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| | purposes of the 1998 Act. |
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| | (3) | The 1998 Act applies in relation to the Health and Safety Executive in the same |
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| | way as it applies in relation to cross-border public authorities specified in an |
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| | Order in Council under section 88(5) of the 1998 Act.” |
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| | To move the following Clause— |
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| | In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section L2 (equal |
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| | To move the following Clause— |
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| | In Part 2 of Schedule 5 to the 1998 Act, leave out section J1 (abortion).” |
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| | To move the following Clause— |
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| | (1) | Part 1 of Schedule 5 to the Scotland Act 1998 (general reservations) is amended |
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| | (3) | In paragraph 3(3), omit paragraph (a) |
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| | (4) | After paragraph 3, insert— |
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| | “3A | Without prejudice to paragraphs 2 and 3, paragraph 1 does not |
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| | (a) | removing or altering functions of, or conferring functions on, |
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| | the Crown Estate Commissioners in relation to the holding or |
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| | management of property within paragraph 3(1), |
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| | (b) | where a function of the Crown Estate Commissioners of |
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| | holding property is so removed, the transfer of any property |
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| | held in exercise of the function.” |
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| | (5) | Functions relating to Crown property are, so far as they relate to Crown property |
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| | in or relating to the Scottish offshore region, to be treated for the purposes of the |
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| | Scotland Act 1998 as exercisable in or as regards Scotland. |
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| | | “Crown property” means property within paragraph 3(1) of Part 1 of |
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| | Schedule 5 to the Scotland Act 1998, |
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| | | “Scottish offshore region” has the same meaning as in the Marine and |
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| | Coastal Access Act 2009 (see section 322 of that Act) |
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| | (7) | In section 1(2) of the Civil List Act 1952 (payment of hereditary revenues into the |
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| | Scottish Consolidated Fund), omit “from bona vacantia, ultimus haeres and |
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| | To move the following Clause— |
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| | | “Party political broadcasts |
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| | In Section K1 of Part 2 of Schedule 5 to the Scotland Act 1998 (broadcasting), |
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| | after the reservation insert— |
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| | (a) | party political broadcasts in connection with elections that are within the |
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| | legislative competence of the Parliament, and |
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| | (b) | referendum campaign broadcasts in connection with referendums held |
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| | under Acts of the Scottish Parliament.” |
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| | To move the following Clause— |
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| | Leave out section K1 in Part 2 of Schedule 5 (Broadcasting) to the 1998 Act.” |
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| | To move the following Clause— |
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| | | “Levies in respect of agriculture, taking wild game, aquaculture and fisheries |
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| | (1) | In Part 2 of Schedule 5 to the Scotland Act 1998, Section A1 is amended as |
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| | (2) | In the Exceptions, after the exception for devolved taxes insert— |
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| | | “Levies in respect of agriculture, taking wild game, aquaculture and |
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| | fisheries (including sea fisheries) or a related activity: their collection and |
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| | (3) | After the Exceptions insert— |
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| | | “agriculture” includes horticulture, fruit growing, seed growing, dairy |
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| | farming and livestock breeding and keeping, and the use of land as |
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| | grazing land, meadow land, osier land, market gardens and nursery |
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| | | “aquaculture” includes the breeding, rearing or cultivation of fish (of any |
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| | kind), seafood or aquatic organisms. |
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| | | “related activity” means the production, processing, manufacture, |
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| | marketing or distribution of— |
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| | (a) | anything (including any creature alive or dead) produced or |
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| | taken in the course of agriculture, taking wild game or |
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| | aquaculture, or caught (by any means) in a fishery, |
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| | (b) | any product which is derived to any substantial extent from |
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| | anything so produced or caught.”” |
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| | To move the following Clause— |
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| | | “Enforcement of Part 1 of Equality Act 2006 |
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| | In the Exceptions under Section L.2 of Part 2 of Schedule 5 to the 1998 Act, |
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| | | The enforcement of Part 1 of the Equality Act 2006.” |
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| | To move the following Clause— |
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| | In Part 2 of Schedule 5 to the 1998 Act, leave out “Head J (Health and |
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| CLAUSES 46 TO 55, NEW CLAUSES RELATING TO PART 5, NEW SCHEDULES RELATING TO |
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| PART 5, CLAUSES 56 TO 58, NEW CLAUSES RELATING TO PART 6, NEW SCHEDULES |
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| RELATING TO PART 6, CLAUSES 59 TO 64, NEW CLAUSES RELATING TO PART 7,
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| NEW SCHEDULES RELATING TO PART 7, REMAINING PROCEEDINGS ON THE BILL |
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| | Clauses 46 to 48 Agreed to. |
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| Clause 49, page 49, line 6, after “operator” insert “or not for profit operator” |
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| Clause 49, page 49, line 8, leave out “does not” and insert “may” |
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| Clause 50, page 49, leave out from beginning of line 32 to line 50 on page 50 and |
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| | “(4) | The Scottish Ministers may not make regulations under section 9 unless they have |
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| | consulted the Secretary of State about the proposed regulations. |
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| | (5) | Subsection (1) does not prevent the Secretary of State making a support scheme |
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| | in relation to Scotland under section 9, or varying or revoking regulations made |
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| | by the Scottish Ministers under that section with the agreement of the Scottish |
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| Clause 51, page 52, leave out from beginning of line 10 to end of line 3 on page 53 and |
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| | “(5) | The Scottish Ministers may not make an order under section 33BC unless they |
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| | have consulted the Secretary of State about the proposed order. |
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| | (6) | The power of the Secretary of State to make an order under section 33BC is |
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| | exercisable so as to make any provision that may be made by the Scottish |
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| | Ministers under that section, or vary or revoke an order made by the Scottish |
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| | Ministers under that section, but only with the agreement of the Scottish |
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| Clause 51, page 53, leave out from beginning of line 45 to end of line 37 on page 54 |
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| | “(5) | The Scottish Ministers may not make an order under section 33BD unless they |
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| | have consulted the Secretary of State about the proposed order |
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| | (6) | The power of the Secretary of State to make an order under section 33BD is |
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| | exercisable so as to make any provision that may be made by the Scottish |
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| | Ministers under that section, or vary or revoke an order made by the Scottish |
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| | Ministers under that section, but only with the agreement of the Scottish |
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| Clause 51, page 55, leave out from beginning of line 28 to end of line 21 on page 56 |
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| | “(5) | The Scottish Ministers may not make an order under section 41A unless they have |
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| | consulted the Secretary of State about the proposed order. |
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| | (6) | The power of the Secretary of State to make an order under section 41A is |
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| | exercisable so as to make any provision that may be made by the Scottish |
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| | Ministers under that section, or vary or revoke an order made by the Scottish |
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| | Ministers under that section, but only with the agreement of the Scottish |
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| Clause 51, page 57, leave out from beginning of line 15 to end of line 7 on page 58 and |
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| | “(5) | The Scottish Ministers may not make an order under section 41B unless they have |
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| | consulted the Secretary of State about the proposed order. |
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| | (6) | The power of the Secretary of State to make an order under section 41B is |
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| | exercisable so as to make any provision that may be made by the Scottish |
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| | Ministers under that section, or vary or revoke an order made by the Scottish |
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| | Ministers under that section, but only with the agreement of the Scottish |
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| | Clauses 51 and 52 Agreed to. |
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| | Negatived on division 154 |
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| Clause 53, page 60, leave out lines 9 to 17. |
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| | Clauses 53 and 54 Agreed to. |
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| Clause 55, page 63, line 18, at end insert— |
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| | “( ) | the Scottish Ministers,” |
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| | Clauses 55 to 58 Agreed to. |
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| | To move the following Clause— |
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| | | “Local authority’s power of general competence |
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| | (1) | A local authority has power to do anything that individuals generally may do. |
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| | (2) | Subsection (1) applies to things that an individual may do even though they are |
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| | in nature, extent or otherwise— |
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| | (a) | unlike anything the authority may do apart from subsection (1), or |
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| | (b) | unlike anything that other public bodies may do. |
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| | (3) | In this section “individual” means an individual with full capacity. |
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| | (4) | Where subsection (1) confers power on the authority to do something, it confers |
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| | power (subject to sections (Boundaries of the general power) to (Limits on doing |
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| | things for commercial purposes in exercise of general power) to do it in any way |
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| | (a) | power to do it anywhere in the United Kingdom or elsewhere, |
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| | (b) | power to do it for a commercial purpose or otherwise for a charge, or |
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| | (c) | power to do it for, or otherwise than for, the benefit of the authority, its |
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| | area or persons resident or present in its area. |
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| | (5) | The generality of the power conferred by subsection (1) (“the general power”) is |
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| | not limited by the existence of any other power of the authority which (to any |
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| | extent) overlaps the general power. |
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| | (6) | Any such other power is not limited by the existence of the general power (but |
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| | see section (Powers to make supplemental provision)(2)).” |
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| | To move the following Clause— |
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| | | “Boundaries of the general power |
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| | (1) | If exercise of a pre-commencement power of a local authority is subject to |
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| | restrictions, those restrictions apply also to exercise of the general power so far as |
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| | it is overlapped by the pre-commencement power. |
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