1

House of Commons

Notices of Amendments

given up to and including

Monday 2 November 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 34 to 136 and NC12 to NC17

Consideration of Bill (Report Stage)

Scotland Bill, As Amended

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in the

order in which they relate to the Bill.

New Clauses

Secretary David Mundell

NC12

To move the following Clause—

“Permanence of the Scottish Parliament and Scottish Government

In the Scotland Act 1998 after Part 2 (the Scottish Administration) insert—

Notices of Amendments: 2 November 2015                  

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Scotland Bill, continued

“Part 2A

Permanence of the Scottish Parliament and Scottish Government

63A    

Permanence of the Scottish Parliament and Scottish Government

(1)    

The Scottish Parliament and the Scottish Government are a permanent

part of the United Kingdom’s constitutional arrangements.

(2)    

The purpose of this section is, with due regard to the other provisions of

this Act, to signify the commitment of the Parliament and Government of

the United Kingdom to the Scottish Parliament and the Scottish

Government.

(3)    

In view of that commitment it is declared that the Scottish Parliament and

the Scottish Government are not to be abolished except on the basis of a

decision of the people of Scotland voting in a referendum.””

Member’s explanatory statement

This amendment inserts a new clause into the Scotland Act 1998 and replaces Clause 1. It states

that the Scottish Parliament and Government are permanent parts of the United Kingdom’s

constitutional arrangements, and that those institutions are not to be abolished except on the basis

of a decision of the people of Scotland in a referendum.

Secretary David Mundell

NC13

To move the following Clause—

“Functions exercisable within devolved competence: elections

(1)    

The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so

far as exercisable within devolved competence by virtue of a provision of section

3, as if references to a “pre-commencement enactment” were to—

(a)    

an Act passed before or in the same session as the relevant date,

(b)    

any other enactment made before the relevant date,

(c)    

subordinate legislation under section 106 of the 1998 Act, to the extent

that the legislation states that it is to be treated as a pre-commencement

enactment,

but did not include the 1998 Act or this Act (or any amendment made by either

of those Acts) or (subject to paragraph (c)) an enactment comprised in

subordinate legislation under either of those Acts.

(2)    

In this section—

(a)    

expressions used in the 1998 Act have the same meaning as in that Act;

(b)    

the relevant date is the date on which section 3 comes into force.”

Member’s explanatory statement

This amendment makes provision for various existing functions of Ministers of the Crown in

respect of elections to instead be exercised by Scottish Ministers, so far as such functions are

exercisable within devolved competence by virtue of Clause 3.

Notices of Amendments: 2 November 2015                  

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Scotland Bill, continued

Secretary David Mundell

NC14

To move the following Clause—

“Welfare foods

(1)    

Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 (social security

schemes) is amended as follows.

(2)    

In the Exceptions, after exception 8 (see section 23 above) insert—

“Exception 9

The subject-matter of section 13 of the Social Security Act 1988

(benefits under schemes for improving nutrition: pregnant women,

mothers and children).”

(3)    

In the Interpretation provision, at the end insert—

“The reference to the subject-matter of section 13 of the Social

Security Act 1988 is to be construed as a reference to it as at the day

on which section [Welfare foods] of the Scotland Act 2015 comes into

force (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does

not apply to that reference).”

(4)    

Omit Section J5 (welfare foods).

(5)    

In the Social Security Act 1988, in section 13(2) (benefits under schemes for

improving nutrition: consultation) omit “the Scottish Ministers and”.”

Member’s explanatory statement

This amendment devolves to the Scottish Parliament legislative competence regarding welfare

foods, enabling the Scottish Parliament, in relation to Scotland, to abolish or amend schemes for

the provision of welfare foods, as currently made under section 13 of the Social Security Act 1988,

or to make new schemes for the provision of welfare foods.

Secretary David Mundell

NC15

To move the following Clause—

“Abortion

In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit

Section J1 (abortion).”

Member’s explanatory statement

This amendment removes the specific reservation of abortion in Part 2 of Schedule 5 of the

Scotland Act 1998 thereby devolving legislative competence on the subject-matter of abortion to

the Scottish Parliament.

Notices of Amendments: 2 November 2015                  

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Scotland Bill, continued

Secretary David Mundell

NC16

To move the following Clause—

“Public sector duty regarding socio-economic inequalities

(1)    

Part 1 of the Equality Act 2010 (socio-economic inequalities) is amended as

follows.

(2)    

Section 1 (public sector duty) is amended as follows.

(3)    

In subsection (2) for “by a Minister of the Crown” substitute “in accordance with

subsection (2A)”.

(4)    

After subsection (2) insert—

“(2A)    

The guidance to be taken into account under subsection (2) is—

(a)    

in the case of a duty imposed on an authority in relation to

devolved Scottish functions, guidance issued by the Scottish

Ministers;

(b)    

in any other case, guidance issued by a Minister of the Crown.”

(5)    

Section 2 (power to amend section 1) is amended as follows.

(6)    

In subsections (7) and (9) omit “the Scottish Ministers or”.

(7)    

In subsection (10) for “the Ministers” substitute “the Welsh Ministers”.

(8)    

In subsection (11) for “section” substitute “Part”.

(9)    

In section 216 of that Act (commencement) at the beginning of subsection (3)

insert “Subject to subsection (4),” and after that subsection insert—

“(4)    

The following provisions of Part 1 (socio-economic inequalities) come

into force on such day as the Scottish Ministers may by order appoint—

(a)    

section 1, so far as it applies to a relevant authority as defined by

section 2(5);

(b)    

section 2, so far as it confers a power on the Scottish Ministers;

(c)    

section 3, for the purposes of section 1 to the extent mentioned

in paragraph (a).

(5)    

The following do not apply to an order under subsection (4)—

(a)    

section 207(2) (see instead section 27 of the Interpretation and

Legislative Reform (Scotland) Act 2010: powers exercisable by

Scottish statutory instrument), and

(b)    

section 210.”

(10)    

In the Interpretation and Legislative Reform (Scotland) Act 2010, in section 30(4)

(other instruments laid before the Parliament: exceptions) after paragraph (i)

insert—

“(j)    

section 216(4) of the Equality Act 2010 (c.15).””

Member’s explanatory statement

This new clause enables the Scottish Ministers to commence Part 1 of the Equality Act 2010 in

respect of public bodies exercising devolved functions in Scotland. It also enables the Scottish

Ministers to issue guidance to public authorities in Scotland exercising devolved functions and

makes consequential amendments.

Notices of Amendments: 2 November 2015                  

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Scotland Bill, continued

Secretary David Mundell

NC17

To move the following Clause—

“Destination of fines, forfeitures and fixed penalties

(1)    

The Scotland Act 1998 is amended as follows.

(2)    

After section 65 (payments out of the Scottish Consolidated Fund) insert—

“65A  

Destination of fines, forfeitures and fixed penalties

Where an Act of Parliament or subordinate legislation under an Act of

Parliament requires or authorises a sum to be paid into the Consolidated

Fund, and the sum appears to the Secretary of State to be a fine, forfeiture

or fixed penalty, the Secretary of State may with the consent of the

Treasury by regulations modify the Act or subordinate legislation so as

to require or authorise the sum to be paid instead into the Scottish

Consolidated Fund.”

(3)    

In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2) insert at

the appropriate place—

Member’s explanatory statement

This clause will allow the Secretary of State, with the Treasury’s consent, to amend primary and

secondary legislation, so that fines, forfeitures, and fixed penalties imposed by courts and tribunals

in Scotland are retained by the Scottish Government by changing the destination from the

Consolidated Fund to the Scottish Consolidated Fund.

Ian Murray

Wayne David

NC1

To move the following Clause—

“Independent Commission on Full Fiscal Autonomy

(1)    

The Secretary of State shall appoint a commission of between four and eleven

members to conduct an analysis of the impact of Full Fiscal Autonomy on the

Scottish economy, labour market and public finances and to report by 31 March

2016.

(2)    

No member of the House of Commons, the House of Lords, or the Scottish

Parliament may be a member of the commission.

(3)    

No employee of the Scottish Government or of any government Department or

agency anywhere in the United Kingdom may be a member of the commission.

(4)    

The Secretary of State shall, in consultation and with the agreement of Scottish

Ministers, appoint as members of the commission only persons who appear to the

Secretary of State to hold a relevant qualification or to have relevant experience.

(5)    

The Secretary of State shall not appoint as a member of the commission any

person who is a member of a political party.

(6)    

Before appointing any member of the commission, the Secretary of State must

consult—

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Scotland Bill, continued

(a)    

The Chair of any select committee appointed by the House of Commons

to consider Scottish Affairs, and

(b)    

The Chair of any select committee appointed by the House of Commons

to examine the expenditure, administration and policy of Her Majesty’s

Treasury and its associated public bodies.

(7)    

The Secretary of State may by regulations issue the commission with terms of

reference and guidelines for the commission’s working methods, including an

outline definition of the policy of full fiscal autonomy for the commission to

analyse.

(8)    

The Secretary of State must lay copies of the report of the commission before

both Houses of Parliament, and must transmit a copy of the report of the

commission to the Presiding Officer of the Scottish Parliament.

(9)    

Regulations under this section must be made by statutory instrument, subject to

annulment in pursuance of a resolution of either House of Parliament.”

Member’s explanatory statement

The new Clause provides for the establishment of an independent commission to investigate the

impact of FFA.

Ian Murray

Wayne David

NC2

To move the following Clause—

“New benefits

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions,

after exception 8 (see section 23 above) insert—

“Exception 9

A benefit not in existence at the relevant date provided entitlement to or

the purpose of the benefit is different from entitlement to or the purpose

of any benefit that is—

(a)    

in existence at the relevant date,

(b)    

payable by or on behalf of a Minister of the Crown, and

(c)    

otherwise a reserved benefit.

For the purpose of this exception—

“the relevant date” means the date of introduction into Parliament of the Bill

that becomes the Scotland Act 2015;

“reserved benefit” means a benefit which is to any extent a reserved

matter.””

Member’s explanatory statement

The new Clause expands and clarifies the right of the Scottish Government to create new benefits—

that is, benefits not in existence on the date on which the bill is passed.

Notices of Amendments: 2 November 2015                  

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Scotland Bill, continued

Ian Murray

Wayne David

NC3

To move the following Clause—

“Joint Committee on Welfare Devolution

(1)    

There is to be a Committee (to be known as the Joint Committee on Welfare

Devolution) to examine the transfer, implementation and operation of the powers

devolved to the Scottish Parliament by Part 3 of this Act.

(2)    

The Joint Committee on Welfare Devolution is to be responsible for ensuring full

co-operation, consultation and information-sharing between the UK

Government, the Scottish Government, and relevant stakeholders.

(3)    

The Joint Committee on Welfare Devolution is to publish a report—

(a)    

on the transfer and implementation of the powers devolved to the Scottish

Parliament by Part 3 of this Act at least once every three months for the

first three years from the date when this Act is passed, and

(b)    

on the operation of the powers devolved to the Scottish Parliament by

Part 3 of this Act at least once in each calendar year after three years from

the date when this Act is passed.

(4)    

Schedule (The Joint Committee on Welfare Devolution), which makes further

provision in relation to the Joint Committee on Welfare Devolution, has effect.”

Member’s explanatory statement

This new Clause, linked to New Schedule NS1 on the Joint Committee on Welfare Devolution,

provides for a cross-Parliament committee to oversee the transition and implementation of welfare

powers transferred under this Act. The Committee would include members from both Parliaments

and would be required to report frequently in the transition phase and thereafter annually.

Ian Murray

NC4

To move the following Clause—

“Review of operation of Gift Aid in Scotland

The Treasury must lay before the House of Commons a review of the operation

of Gift Aid in Scotland within a year of Part 2 of this Act coming into force.”

Member’s explanatory statement

This self-explanatory New Clause would require a review of the operation of Gift Aid in Scotland.