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.

Committee of the whole House Proceedings: 6 July 2015      

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Scotland Bill, continued

(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

(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).’

Mr Graham Allen

Not called  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.

Committee of the whole House Proceedings: 6 July 2015      

82

Scotland Bill, continued

(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.”

Mr Graham Allen

Not called  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.

(3)    

A local authority may not, in exercise of the general power, do things for a

commercial purpose in relation to a person if a statutory provision requires the

authority to do those things in relation to the person.

(4)    

In this section “company” means—

(a)    

a company within the meaning given by section 1(1) of the Companies

Act 2006, or

(b)    

a registered society within the meaning the Co-operative and Community

Benefit Societies Act 2014 or a society registered or deemed to be

registered under the Industrial and Provident Societies Act (Northern

Ireland) 1969.”

Mr Graham Allen

Not called  NC16

To move the following Clause—

“Powers to make supplemental provision

(1)    

If the Scottish Ministers think that a statutory provision (whenever passed or

made) prevents or restricts local authorities from exercising the general power,

the Scottish Ministers may by regulations amend, repeal, revoke or disapply that

provision.

(2)    

If the Scottish Ministers think that the general power is overlapped (to any extent)

by another power then, for the purpose of removing or reducing that overlap, the

Committee of the whole House Proceedings: 6 July 2015      

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Scotland Bill, continued

Scottish Minister may by regulations amend, repeal, revoke or disapply any

statutory provision (whenever passed or made).

(3)    

The Scottish Ministers may by regulations make provision preventing local

authorities from doing, in exercise of the general power, anything which is

specified, or is of a description specified, in the regulations.

(4)    

The Scottish Ministers may by regulations provide for the exercise of the general

power by local authorities to be subject to conditions, whether generally or in

relation to doing anything specified, or of a description specified, in the

regulations.

(5)    

The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a)    

all local authorities,

(b)    

particular local authorities, or

(c)    

particular descriptions of local authority.

(6)    

The power under subsection (1) or (2) to amend or disapply a statutory provision

includes power to amend or disapply a statutory provision for a particular period.

(7)    

Before making regulations under subsection (1), (2), (3) or (4) the Scottish

Ministers must consult—

(a)    

such local authorities,

(b)    

such representatives of local government, and

(c)    

such other persons (if any),

as the Scottish Ministers consider appropriate.”

Mr Graham Allen

Not called  NC17

To move the following Clause—

“Limits on power under section (Powers to make supplemental provision)(1)

(1)    

The Scottish Ministers may not make provision under section (Powers to make

supplemental provision)(1) unless the Scottish Ministers consider that the

conditions in subsection (2), where relevant, are satisfied in relation to that

provision.

(2)    

Those conditions are that—

(a)    

the effect of the provision is proportionate to the policy objective

intended to be secured by the provision,

(b)    

the provision, taken as a whole, strikes a fair balance between the public

interest and the interests of any person adversely affected by it,

(c)    

the provision does not remove any necessary protection,

(d)    

the provision does not prevent any person from continuing to exercise

any right or freedom which that person might reasonably expect to

continue to exercise,

(e)    

the provision is not of constitutional significance.

(3)    

Regulations under section (Powers to make supplemental provision)(1) may not

make provision for the delegation or transfer of any function of legislating.

(4)    

For the purposes of subsection (3) a function of legislating is a function of

legislating by order, rules, regulations or other subordinate instrument.