Session 2015-16
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Other Bills before Parliament


 
 

 

LORDS AMENDMENTS TO THE

SCOTLAND BILL

[The page and line references are to HL Bill 73, the bill as first printed for the Lords]

Clause 3

1

Page 2, leave out lines 17 and 18 and insert—

 

“( )    

Omit the words from “The franchise at local government elections” to the

 

end of the Exceptions and insert—”

 

2

Page 2, line 21, at end insert—

 

    

“The subject-matter of section 43(1AA) of the Representation of the

 

People Act 1983.”

 

3

Page 2, leave out lines 30 to 33

 

4

Page 3, leave out line 35 and insert—

 

“( )    

In the Interpretation provision, omit the definitions of “Digital service” and

 

“Ordinary local election” and insert—”

Clause 4

5

Page 4, leave out lines 18 to 20

Clause 5

6

Page 5, line 30, leave out “from the words” and insert “for the words from”

 

 
 

 

Bill 1Bill 153ame:       Date: :       5.0.04        56/1


 
 

2

7

Page 6, line 7, at end insert—

 

“( )    

Omit subsections (5A) to (5C).”

 

8

Page 6, line 13, leave out “(1ZA)” and insert “(1AA)”

 

9

Page 6, line 14, leave out from beginning to first “The” in line 15 and insert “After

 

subsection (1A) insert—

 

(1AA)    

 

10

Page 6, line 15, leave out “date specified by” and insert “day specified in or fixed

 

under”

 

11

Page 6, line 16, leave out “date is the same date as” and insert “day is the day of”

 

12

Page 6, leave out lines 18 to 24 and insert—

 

“(1AB)    

Where subsection (1AA) prevents the poll being held on the day

 

specified in or fixed under subsection (1), the poll is to be held on

 

such other day as the Scottish Ministers may by order specify.

 

(1AC)    

An order under subsection (1AB) is subject to the affirmative

 

procedure.”

Clause 8

13

Page 10, line 33, leave out “In paragraphs 3, 4, 7 to 10, 12 and 14”

Clause 10

14

Page 11, line 30, at end insert “and (2C) (date of elections to the Parliament).”

 

15

Page 11, line 33, leave out subsection (7)

 

16

Page 11, line 36, leave out “is revoked” and insert “and the Scotland Act 1998

 

(Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764) are revoked.”

Clause 11

17

Page 12, line 36, after “decided” insert “on”

 

 
 

 


 
 

3

18

Page 12, line 37, after “32A(2)(b)” insert “that any provision of the Bill relates to a

 

protected subject-matter”

 

19

Page 13, line 31, after “decides” insert “on”

 

20

Page 13, line 32, after “32A(2)(b)” insert “that any provision of the Bill relates to a

 

protected subject-matter”

Clause 13

21

Page 16, line 21, at end insert—

 

“(17)    

Regulations under this section must be made by statutory instrument.”

After Clause 19

22

Insert the following new Clause—

 

“Borrowing

 

Borrowing

 

(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

Section 66(1) (borrowing by the Scottish Ministers from the Secretary of

 

State) is amended as follows.

 

(3)    

At the end of paragraph (b) omit “and”.

 

(4)    

In paragraph (c)—

 

(a)    

after “devolved taxes,” omit “or”;

 

(b)    

after “Scottish rate resolution,” insert “or from amounts payable

 

under section 64A,”.

 

(5)    

After paragraph (c) insert—

 

“(d)    

any sums which in accordance with rules determined by the

 

Treasury are required by them to meet current expenditure

 

because of an excess of welfare payments over forecast

 

welfare payments, and

 

(e)    

any sums which in accordance with rules made by the

 

Treasury are required by them to meet current expenditure

 

because of a Scotland-specific negative economic shock.”

 

(6)    

After that subsection insert—

 

“(1ZA)    

In subsection (1)(d) “welfare payments” means—

 

(a)    

payments under any provision relating to matters within

 

exceptions 1 to 10 in Section F1 of Part 2 of Schedule 5 or

 

exception 1 in Section H3 of that Part, and

 

(b)    

payments attributable to regulations made by the Scottish

 

Ministers by virtue of section 27 or 28 of the Scotland Act

 

2016 (powers in relation to universal credit).”

 
 

 


 
 

4

 
 

(7)    

In section 67(2) and (3A) (lending under section 66(1)) for “£500 million”

 

substitute “£1.75 billion”.

 

(8)    

In section 67A (lending for capital expenditure) in subsections (1) and (3)

 

for “£2.2 billion” substitute “£3 billion”.

 

(9)    

The Treasury may by regulations make transitional or saving provision in

 

connection with the coming into force of the amendments made by this

 

section.

 

(10)    

Regulations under subsection (9) must be made by statutory instrument.

 

(11)    

A statutory instrument containing regulations under subsection (9), if

 

made without a draft having been approved by a resolution of the House

 

of Commons, is subject to annulment in pursuance of a resolution of the

 

House of Commons.”

 

23

Insert the following new Clause—

 

“Information

 

Provision of information to the Office for Budget Responsibility

 

(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

After section 96 (provision of information to the Treasury) insert—

 

“96A  

Provision of information to the Office for Budget Responsibility

 

(1)    

The Office for Budget Responsibility has a right of access at any

 

reasonable time to all Scottish public finances information which it

 

may reasonably require for the purpose of the performance of its

 

duty under section 4 of the Budget Responsibility and National

 

Audit Act 2011 (duty to examine and report on the sustainability of

 

the public finances).

 

(2)    

The Office is entitled to require from any person holding or

 

accountable for any Scottish public finances information any

 

assistance or explanation which the Office reasonably thinks

 

necessary for that purpose.

 

(3)    

“Scottish public finances information” means information held by

 

the Scottish Ministers or by any Scottish public authority specified

 

in regulations made by the Secretary of State.

 

(4)    

This section is subject to any enactment or rule of law which

 

operates to prohibit or restrict the disclosure of information or the

 

giving of any assistance or explanation.”

 

(3)    

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

 

insert at the appropriate place—

 

“Section 96A

Type C”.”

 

Clause 21

 

 


 
 

5

24

Page 24, line 42, at end insert—

 

“( )    

In section 138 of the Social Security Contributions and Benefits Act 1992

 

(payments out of the social fund) after subsection (4) insert—

 

“(4A)    

This section has effect in or as regards Scotland as if—

 

(a)    

references in subsections (1)(a) and (2) to the making of

 

payments out of the social fund were to the making of

 

payments by the Scottish Ministers,

 

(b)    

the reference in subsection (2) to the Secretary of State were

 

to the Scottish Ministers, and

 

(c)    

the reference in subsection (4) to regulations were to

 

regulations made by the Scottish Ministers.

 

(4B)    

Where regulations are made by the Scottish Ministers under this

 

section—

 

(a)    

sections 175(2) and (7) and 176 do not apply, and

 

(b)    

the regulations are subject to the negative procedure (see

 

section 28 of the Interpretation and Legislative Reform

 

(Scotland) Act 2010).

 

(4C)    

The power to make an Order in Council under section 30(3) of the

 

Scotland Act 1998 is exercisable for the purposes of this section as it

 

is exercisable for the purposes of that Act.””

Clause 27

25

Page 29, line 3, leave out “43” and insert “43(1)”

 

26

Page 29, line 4, leave out “sections 189(3) and 190” and insert “section 189(3)”

Clause 28

27

Page 29, line 35, leave out from beginning to “not” in line 36 and insert “section

 

189(3) of the Social Security Administration Act 1992 does”

After Clause 30

28

Insert the following new Clause—

 

“Social Security Advisory Committee and Industrial Injuries Advisory Council

 

(1)    

Section 53 of the Scotland Act 1998 does not apply in relation to any

 

function of a Minister of the Crown under the legislation relating to social

 

security and industrial injuries advisory bodies.

 

(2)    

Section 117 of that Act does not apply in relation to any reference to a

 

Minister of the Crown in that legislation.

 
 

 


 
 

6

 
 

(3)    

In this section—

 

“the legislation relating to social security and industrial injuries

 

advisory bodies” means any provision of sections 170 to 174 of, and

 

Schedules 5 to 7 to, the Social Security Administration Act 1992

 

(Social Security Advisory Committee and Industrial Injuries

 

Advisory Council);

 

“Minister of the Crown” includes the Treasury.”

Clause 31

29

Leave out Clause 31

Clause 35

30

Page 37, line 14, leave out “the Equality Act 2006 or”

 

31

Page 37, line 15, leave out “those Acts” and insert “that Act”

 

32

Page 37, line 18, leave out “those Acts” and insert “that Act”

 

33

Page 37, line 20, leave out “the Acts do” and insert “that Act does ”

 

34

Page 37, line 22, leave out “those Acts” and insert “that Act”

 

35

Page 37, line 23, leave out “those Acts” and insert “that Act”

 

36

Page 37, line 32, leave out from first “Act” to “are” in line 33 and insert “2010 and

 

any subordinate legislation made under that Act”

Clause 38

37

Page 41, line 17, leave out from “relating” to “to” in line 18

 

38

Page 41, line 18, at end insert—

 

“( )    

In paragraph (d) of that reservation, after “the Road Traffic Act 1988” insert

 

“, except so far as relating to the parking of vehicles on roads,”.”

 

39

Page 41, line 19, after first “the” insert “first”

 
 

 


 
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Revised 21 March 2016