Session 2015-16
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Other Bills before Parliament


 
 

Notices of Amendments: 2 November 2015                  

8

 

Scotland Bill, continued

 
 

Ian Murray

 

NC5

 

To move the following Clause—

 

         

“Childcare element of universal credit

 

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

 

after exception 6 (see section 22 above) insert—

 

         

“Exception 7

 

The subject-matter of regulations 31 to 34 of the Universal Credit

 

Regulations 2013.””

 

Member’s explanatory statement

 

This new clause would devolve to the Scottish Parliament the power to make rules about the

 

childcare element of Universal Credit.

 


 

Mr Graham Allen

 

NC6

 

To move the following Clause—

 

         

“Local Discretionary Taxation

 

Individual local authorities in Scotland shall have the discretion to raise

 

additional income by levying a tax, in addition to Council Tax and Non-Domestic

 

Rates, on either residents, occupiers, property owners or visitors in the local

 

authority or within a discrete area of the local authority providing local people

 

consent.”

 

Member’s explanatory statement

 

The power will enable local authorities to introduce tax(es) without the need to seek approval from

 

Scottish Government, with the rates and reliefs being determined locally and the local authority

 

being both granted powers to ensure that those on which the tax is levied have a legal obligation

 

to pay and the local authority having the discretion to determine how the additional revenue is

 

expended.

 


 

Mr Graham Allen

 

NC7

 

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.


 
 

Notices of Amendments: 2 November 2015                  

9

 

Scotland Bill, continued

 
 

(4)    

Where subsection (1) confers power on the authority to do something, it confers

 

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.”

 

Member’s explanatory statement

 

This new Clause seeks to introduce a general power of competence for Scottish local authorities,

 

putting it beyond doubt that they may do anything that is not expressly prohibited by law. It seeks

 

to go further than the power of wellbeing already afforded to Scottish local authorities. The

 

proposals seek to give councils the capacity to do anything that an individual can do. Therefore,

 

this would not enable a local authority to introduce a tax or wage war, but it would ensure that

 

local government has the ability to use the power of general competence in the most sensible and

 

constructive way for the benefit of the people and communities whom they serve.

 


 

Mr Graham Allen

 

NC8

 

To move the following Clause—

 

         

“Competences of local government in Scotland

 

(1)    

The First Minister must, after consultation with representatives from local

 

government in Scotland, publish a list of competences of local government in

 

Scotland.

 

(2)    

After the list has been published, the First Minister may not publish any amended

 

list of competences of local government in Scotland without first obtaining

 

approval of the revised list consent from—

 

(a)    

the Scottish Parliament, with two-thirds of its membership voting in

 

favour of the amended list, and

 

(b)    

the Convention of Scottish Local Authorities.”

 

Member’s explanatory statement

 

This new clause entrenches the independence of local government in Scotland from interference

 

by national government in Scotland.

 



 
 

Notices of Amendments: 2 November 2015                  

10

 

Scotland Bill, continued

 
 

Mr Graham Allen

 

NC9

 

To move the following Clause—

 

         

“Subsidiarity

 

That subsidiarity as defined by the Maastricht Treaty 1992 Article 5(3) shall

 

apply to the functions of national and local government in Scotland.”

 

Member’s explanatory statement

 

This extends protection of Scottish Local Government’s independence by protecting its

 

subsidiarity behind a European Treaty applicable to the United Kingdom.

 


 

Mr Graham Allen

 

NC10

 

To move the following Clause—

 

         

“Commission on social and economic rights

 

(1)    

The Secretary of State shall appoint a commission on social and economic rights.

 

(2)    

The Secretary of State shall invite the Presiding Officers or Speakers of the House

 

of Commons, House of Lords, National Assembly of Wales, Northern Ireland

 

Assembly and the Scottish Parliament each to nominate no more than three

 

persons to the commission on social and economic rights.

 

(3)    

The commission on social and economic rights must report on—

 

(a)    

the practicality of making the Scottish Parliament and Scottish

 

Government subject to the rights contained in the International Covenant

 

on Economic, Social and Cultural Rights; and

 

(b)    

the consequences of Scottish devolution for the attainment of economic

 

and social rights throughout the United Kingdom.

 

(4)    

The Secretary of State may by regulations determine the role, composition,

 

organisation and powers of the commission on social and economic rights.”

 

Member’s explanatory statement

 

The purpose of this New Clause is to create a commission to consider whether economic and social

 

rights could be made justiciable in Scotland, and the prospects for achieving fuller attainment of

 

economic and social rights throughout the United Kingdom.

 


 

Ian Murray

 

NC11

 

To move the following Clause—

 

         

“Scottish block grant

 

The Secretary of State must lay before the House of Commons before the end of

 

the first month of each financial year a full record, including minutes of meetings

 

and correspondence at Ministerial level, of discussions between the Secretary of

 

State, the Treasury and Scottish Ministers relating to the non-budget expenditure


 
 

Notices of Amendments: 2 November 2015                  

11

 

Scotland Bill, continued

 
 

to be voted by Parliament authorising the payment of grants to the Scottish

 

Consolidated Fund for that financial year.”

 

Member’s explanatory statement

 

The purpose of this new clause is to ensure transparency and accountability of the process leading

 

to the annual settlement between the Treasury and Scottish Ministers of the block grant to the

 

Scottish Consolidated Fund.

 

 


 

Secretary David Mundell

 

34

 

Parliamentary Star    

Page  1,  line  4,  leave out Clause 1

 

Member’s explanatory statement

 

This amendment leaves out Clause 1, which is replaced by New Clause NC12.

 

Mr Alistair Carmichael

 

5

 

Clause  1,  page  1,  line  7,  leave out “recognised as”

 

Mr Alistair Carmichael

 

6

 

Clause  1,  page  1,  line  12,  leave out “recognised as”

 


 

Mr Alistair Carmichael

 

7

 

Clause  2,  page  2,  line  6,  leave out “normally”

 

Mr Alistair Carmichael

 

8

 

Clause  2,  page  2,  line  6,  after “legislate”, insert “(a)”

 

Mr Alistair Carmichael

 

9

 

Clause  2,  page  2,  line  6,  after “matters”, insert “and

 

(b)    

to alter the legislative competence of the Scottish Parliament or the

 

executive competence of the Scottish Government”

 


 

Secretary David Mundell

 

35

 

Parliamentary Star    

Clause  3,  page  2,  line  21,  leave out “and (2B)”

 

Member’s explanatory statement

 

This amendment devolves to the Scottish Parliament the power in new section 2(2B) of the

 

Scotland Act 1998, inserted by Clause 5 of the Bill, for Scottish Ministers to make an order

 

specifying an alternative day on which the poll for a Scottish Parliamentary general election shall

 

be held.


 
 

Notices of Amendments: 2 November 2015                  

12

 

Scotland Bill, continued

 
 

Secretary David Mundell

 

36

 

Parliamentary Star    

Clause  3,  page  2,  line  38,  leave out from “elections)” to third “the” in line 40 and

 

insert “where a limit applies to expenditure in relation to a period determined by reference

 

both to the date of the poll for an election within the legislative competence of the

 

Parliament and to the date of”

 

Member’s explanatory statement

 

Campaign expenditure by political parties and controlled expenditure by third parties, is regulated

 

for specific periods before certain elections. This amendment provides for competence to be

 

reserved in respect of such expenditure where these periods overlap, even if the relevant election

 

polls are on different days.

 

Secretary David Mundell

 

37

 

Parliamentary Star    

Clause  3,  page  3,  leave out lines 17 to 19 and insert—

 

“(a)    

section 1, except in relation to—

 

(i)    

financing the Electoral Commission,

 

(ii)    

preparation, laying and publication by the Commission

 

of reports about the performance of its functions, and

 

(iii)    

provision by the Commission of copies of regulations

 

made by it or notice of the alteration or revocation of

 

such regulations,”

 

Member’s explanatory statement

 

This amendment amends the exception to the reservation of section 1 of the Political Parties,

 

Elections and Referendums Act 2000 so that the financing, reporting and (for regulations it makes)

 

notification functions of the Electoral Commission are devolved insofar as these matters apply in

 

respect of elections to the Scottish Parliament.

 


 

Secretary David Mundell

 

38

 

Parliamentary Star    

Clause  4,  page  3,  line  39,  leave out “provision” and insert “any provision that

 

would be within the legislative competence of the Parliament, if included in an Act of the

 

Scottish Parliament,”

 

Member’s explanatory statement

 

This amendment would have the effect that the powers of the Scottish Ministers under section 12

 

of the Scotland Act 1998 would be aligned with the legislative competence of the Scottish

 

Parliament.

 

Secretary David Mundell

 

39

 

Parliamentary Star    

Clause  4,  page  4,  line  4,  leave out from “polls” to end of line 24

 

Member’s explanatory statement

 

This amendment is consequential on amendment 38, as that amendment renders it unnecessary to

 

specify the particular combinations of polls as regards which the Scottish Ministers may exercise

 

powers under section 12 of the Scotland Act 1998.

 

Secretary David Mundell

 

40

 

Parliamentary Star    

Clause  4,  page  4,  line  33,  leave out “the use of”

 

Member’s explanatory statement

 

The effect of this amendment is that the restriction on the powers of Scottish Ministers regarding


 
 

Notices of Amendments: 2 November 2015                  

13

 

Scotland Bill, continued

 
 

the Digital Service in new section 12(4) of the Scotland Act 1998 (see Clause 4) more accurately

 

reflects the extent of the reservation of the Digital Service set out in Clause 3(5).

 


 

Secretary David Mundell

 

41

 

Parliamentary Star    

Clause  5,  page  6,  line  10,  at the end insert “, unless the day of the poll is determined

 

by a proclamation under subsection (5) as modified by subsection (5ZA).”

 

Member’s explanatory statement

 

This amendment means that where Scottish Ministers make an order under section 2(2B) of the

 

Scotland Act 1998 specifying an election date, and the Presiding Officer proposes a new date for

 

the election under section 2(5) of that Act, the election will be held on the date proposed under

 

section 2(5).

 

Secretary David Mundell

 

42

 

Parliamentary Star    

Clause  5,  page  6,  line  13,  at the end insert—

 

“( )    

After subsection (5) insert—

 

“(5ZA)    

Where a day is specified by order under subsection (2B), subsection (5)

 

applies as if the reference to the first Thursday in May were a reference

 

to that day.”

 

Member’s explanatory statement

 

The amendment is linked to amendment 41 and provides that the Presiding Officer’s power at

 

section 2(5) of the Scotland Act 1998 to propose a new date for an election, applies in relation to

 

a date specified for such a poll under new section 2(2B) of that Act.

 


 

Secretary David Mundell

 

43

 

Parliamentary Star    

Clause  6,  page  6,  line  33,  leave out subsections (2) and (3) and insert—

 

“( )    

In section 10ZC (registration of electors in Great Britain) at the end insert—

 

“(4)    

The power to make regulations under this section, so far as it is

 

exercisable by a Minister of the Crown to make provision about a UK

 

digital service in relation to elections in Scotland, is exercisable by the

 

Scottish Ministers concurrently with that Minister.

 

(5)    

The power of the Scottish Ministers to make regulations by virtue of

 

subsection (4) is exercisable in the same ways and subject to the same

 

provisions as their power to make other regulations under this section,

 

except that—

 

(a)    

the power is not exercisable without the agreement of a Minister

 

of the Crown, and

 

(b)    

regulations made by them in exercise of the power are subject to

 

the negative procedure.

 

(6)    

In this section—

 

“election in Scotland” means—

 

(a)    

an election for membership of the Scottish Parliament, or


 
 

Notices of Amendments: 2 November 2015                  

14

 

Scotland Bill, continued

 
 

(b)    

a local government election in Scotland;

 

“UK digital service” means a digital service provided by a Minister of the

 

Crown for the registration of electors.”

 

( )    

In section 10ZD (registration of electors in Great Britain: alterations) at the end

 

insert—

 

“(4)    

The power to make regulations under this section, so far as it is

 

exercisable by a Minister of the Crown to make provision about a UK

 

digital service in relation to elections in Scotland, is exercisable by the

 

Scottish Ministers concurrently with that Minister.

 

(5)    

The power of the Scottish Ministers to make regulations by virtue of

 

subsection (4) is exercisable in the same ways and subject to the same

 

provisions as their power to make other regulations under this section,

 

except that—

 

(a)    

the power is not exercisable without the agreement of a Minister

 

of the Crown, and

 

(b)    

regulations made by them in exercise of the power are subject to

 

the negative procedure.

 

(6)    

In this section “election in Scotland” and “UK digital service” have the

 

same meaning as in section 10ZC.”

 

( )    

In section 53 (power to make regulations about registration etc) at the end

 

insert—

 

“(9)    

The power to make regulations under this section, so far as it is

 

exercisable by a Minister of the Crown to make provision about a UK

 

digital service in relation to elections in Scotland, is exercisable by the

 

Scottish Ministers concurrently with that Minister.

 

(10)    

The power of the Scottish Ministers to make regulations by virtue of

 

subsection (9) is exercisable in the same ways and subject to the same

 

provisions as their power to make other regulations under this section,

 

except that—

 

(a)    

the power is not exercisable without the agreement of a Minister

 

of the Crown, and

 

(b)    

regulations made by them in exercise of the power are subject to

 

the negative procedure.

 

(11)    

In subsection (9)—

 

“election in Scotland” means—

 

“(a)    

an election for membership of the Scottish Parliament, or

 

(b)    

a local government election in Scotland;

 

“UK digital service” means a digital service provided by a Minister of the

 

Crown for the registration of electors.””

 

Member’s explanatory statement

 

By this amendment, the Scottish Ministers are given powers relating to the Digital Service, but may

 

not without the Government’s consent require any changes to the Digital Service, prevent the

 

Government from making any changes to the Digital Service, or require the continuation of the

 

Digital Service.

 



 
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