Scotland Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 24th January 2012, as follows—

Clauses 1 to 9
Clauses 11 to 44
Clause 10
Schedules 1 to 5

[Amendments marked * are new or have been altered]

Clause 1

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

 

The above-named Lords gives notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

After Clause 2

LORD FOULKES OF CUMNOCK

1

Insert the following new Clause—

“Regional vacancies: individual candidates

(1) Section 10 of the 1998 Act (regional vacancies) is amended as follows.

(2) In subsection (2) omit “the regional member was returned as an individual candidate, or”.

(3) After subsection (6) insert—

“(6A) If the regional member was returned as an individual candidate, an election will be held and the single vacancy allocated in accordance with the procedures set out in subsection (6B).

(6B) In any election held in accordance with subsection (6A)—

(a) for each registered party which has submitted a regional list, the regional figure for the purposes of paragraph (c) is the total number of regional votes given for the party in all the constituencies included in the region divided by the aggregate of one plus the number of candidates of the party presently returned as constituency members for any of those constituencies plus the number of regional seats allocated under section 8 to that party at the previous general election;

(b) for each individual candidate, the regional figure for the purposes of paragraph (c) is the total number of regional votes given for him in all the constituencies included in the region;

(c) the vacant regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure.””

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

2

Insert the following new Clause—

“Timing of Scottish Parliamentary general election

(1) Section 2 of the 1998 Act (ordinary general elections) is amended as follows.

(2) At the end of subsection (2) insert “or unless the poll is advanced or delayed as a result of the operation of subsection (6A) below”.

(3) After subsection (6) insert—

“(6A) If the poll to be held under subsection (2) or (5) above is in the same calendar year as—

(a) an early poll for a parliamentary general election under section 2 of the Fixed-term Parliaments Act 2011; or

(b) a European Parliamentary general election,

the Parliament may by resolution appoint an alternative day for the poll for the next Scottish parliamentary general election no more than 12 months earlier nor more than 12 months later than the day appointed under subsection (2) or (5) above and at least 6 months before or after the parliamentary general election, and the day so appointed shall be treated as if it had been proposed by the Presiding Officer under subsection (5) above.””

Clause 3

LORD WALLACE OF TANKERNESS

3

Page 3, line 25, leave out from “powers)” to end of line 34 and insert “after subsection (1) insert—

“(1A) Subsections (2) to (11), except subsection (9), apply also to the power of the Scottish Ministers to make an order under section 12.””

Clause 5

LORD FOULKES OF CUMNOCK

4

Page 5, line 15, after “Body)” insert—

“(a)”

5

Page 5, line 16, at end insert—

“(b) after subsection (2) insert—

“Standing orders shall include provision to ensure that, notwithstanding the composition of the Parliament, the corporation shall not have a majority of any one party.””

After Clause 5

LORD FOULKES OF CUMNOCK

6

Insert the following new Clause—

“Sitting calendar

(1) Schedule 3 to the 1998 Act (Standing orders—further provision) is amended as follows.

(2) After paragraph 7 insert—

“Parliamentary calendar

8. The standing orders may include provision for ensuring that the Parliament shall—

(a) sit on at least 30 weeks in each calendar year,

(b) meet on at least three days in each week that it sits, and

(c) not adjourn for a period of more than 60 consecutive days.””

After Clause 6

LORD FOULKES OF CUMNOCK

7

Insert the following new Clause—

“Discussion of reserved matters

(1) Schedule 3 to the 1998 Act (Standing orders—further provision) is amended as follows.

(2) After paragraph 7 insert—

“Reserved matters

8. The standing orders shall include provision for ensuring that the Parliament shall not discuss items in Schedule 5 (reserved matters) except on a motion to make representations to the United Kingdom Government.””

Clause 7

LORD SELKIRK OF DOUGLAS

8

Page 6, line 13, leave out “The Presiding Officer” and insert “A law officer making a reference under subsection (1)”

LORD WALLACE OF TANKERNESS

9

Page 6, line 13, leave out “Presiding Officer shall publish notice of the reference” and insert “person who made the reference shall publish notice of it”

10

Page 6, line 16, leave out “the Presiding Officer” and insert “that person”

LORD SELKIRK OF DOUGLAS

11

Page 6, line 16, leave out “Presiding Officer considers” and insert “relevant law officers consider”

LORD WALLACE OF TANKERNESS

12

Page 6, line 36, at end insert—

“(d) provide that an order under subsection (6) may be laid before the Scottish Parliament less than 40 days before it comes into force, despite anything in section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as modified by subsection (11).

(9) The Scottish Ministers may by order make such provision as they consider necessary or expedient (including provision amending the Act) in consequence of any delay by virtue of subsection (2) in the coming into force of any provision of the Act.

(10) If the Court decides that any provision of the Act is outside the legislative competence of the Parliament, the Scottish Ministers may by order make such provision as they consider necessary in consequence of that decision in order to give full effect to any provisions of the Act which are within that competence.

(11) In its application to an order under subsection (6), section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (the negative procedure) has effect with the following modifications—

(a) in subsections (2) and (8), for “28 days” substitute “40 days”;

(b) in subsection (4), omit “so far as the instrument is not in force on the date of the resolution” and paragraph (b);

(c) omit subsection (7)(a).””

13

Page 6, line 42, at end insert—

“( ) In section 113 (subordinate legislation: scope of powers), after subsection (1A) (inserted by section 3) insert—

“(1B) Subsections (2) to (6) and (11) apply also to the power of the Scottish Ministers to make an order under section 33A(6), (9) or (10).””

14

Page 7, line 2, after ““Section 33A(6)” insert “, (9) or (10)”

15

Page 7, line 2, at end insert—

“( ) In paragraph 3 of that Schedule (special cases)—

(a) in sub-paragraph (1)(a), after “type F, G, H, I” insert “, J”;

(b) after sub-paragraph (2)(d) insert—

“(da) instead of the type J procedure, the type L procedure shall apply,”.”

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

 

The above-named Lords gives notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Clause 9

LORD FOULKES OF CUMNOCK

16

Page 7, line 31, at end insert—

“( ) In section 5 of the 1998 Act (candidates)—

(a) in subsection (7)(c) omit “for a constituency not included in that region, or”;

(b) omit subsection (7)(d);

(c) in subsection (8)(c) omit “for a constituency not included in that region, or”;

(d) omit subsection (8)(d).”

After Clause 9

LORD FOULKES OF CUMNOCK

17

Insert the following new Clause—

“Review of electoral system for the Scottish Parliament

(1) The Secretary of State must make arrangements—

(a) for a committee to carry out a review of the electoral system used for elections to the Scottish Parliament and to make recommendations about that, and

(b) for the publication of the committee’s findings and recommendations.

(2) Arrangements for the establishment of the committee under subsection (1) are to be made no later than 1 May 2012, and the committee is to report no later than 31 December 2012.”

Clause 11

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

18

Page 8, leave out lines 16 to 18

THE EARL OF SHREWSBURY

19

Page 8, line 21, at end insert—

“provided that no legislation imposing a system of certification, licensing or regulation of the acquisition or possession of air weapons shall be imposed until the Scottish Government has consulted the Secretary of State; the Association of Chief Police Officers (Scotland); the Association of Chief Police Officers (England and Wales) and those organisations which in the view of the Scottish Government represent the interests of those concerned with the supply, sale or use of air weapons in any part of Great Britain, and such consultation shall include a costing of any proposals including all costs to the police and to users of air weapons.”

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

20*

Page 8, line 21, at end insert—

“with the exception of air weapons which are of a type declared by rules made by the Secretary of State under section 53 of the Firearms Act 1968 to be specially dangerous, which are to be included for the purposes of this definition.

( ) Section 53 of the Firearms Act 1968 (rules for implementing this Act) is amended as follows—

( ) For paragraph (b) substitute—

“(b) prescribing that an air weapon is of a type declared by the Secretary of State to be specially dangerous within England, Wales and Northern Ireland.

(ba) prescribing any other thing with the exception of an air weapon, which under this Act is to be prescribed; and””

Clause 12

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

 

The above-named Lords gives notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

Clause 13

LORD WALLACE OF TANKERNESS

21

Page 9, line 7, at end insert—

“The reference to any profession regulated by the Regulation of Care (Scotland) Act 2001 includes—

(a) any profession regulated by that Act by virtue of any subordinate legislation (whenever made) which is or could be made under the Act, and

(b) any profession regulated by any Act of the Scottish Parliament so far as it re-enacts that Act (including any profession regulated by virtue of subordinate legislation under any such Act);

and the references to that Act are to that Act as it has effect on the date on which this paragraph comes into force.””

Clause 14

DUKE OF MONTROSE

 

The Duke of Montrose gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill.

After Clause 14

LORD FOULKES OF CUMNOCK

22

Insert the following new Clause—

“Variation of student fees according to origin of British students

In Part 2 of Schedule 5 to the 1998 Act, under Head L (miscellaneous) at the end insert—

“L8. Variation of student fees according to origin of British students

The setting of student fees for students from England, Northern Ireland or Wales studying at Scottish universities at rates different from those for students from Scotland studying at Scottish universities.

Interpretation

“Fees” has the meaning given by section 41 of the Higher Education Act 2004.””

LORD TANLAW

23

Insert the following new Clause—

“Time

In Part 2 of Schedule 5 to the 1998 Act omit—

“Section L5

L5. Time

Timescales, time zones and the subject-matter of the Summer Time Act 1972.

The calendar; units of time; the date of Easter.

Exceptions

The computation of periods of time.

The subject-matter of—

(a) section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and

(b) the Term and Quarter Days (Scotland) Act 1990.””

LORD FORSYTH OF DRUMLEAN

24

Insert the following new Clause—

“Legislative competence: amendment to the 1998 Act

In section 29 of the 1998 Act (legislative competence) after subsection (2)(d) insert—

“(da) it would result in residents of England, Wales or Northern Ireland being treated differently to citizens from other EU member states.””

LORD FOULKES OF CUMNOCK

25

Insert the following new Clause—

“Taxes and excise duties

(1) In Part 2 of Schedule 5 to the 1998 Act, in section A1 (fiscal, economic and monetary policy) omit “taxes and excise duties”.

(2) The Scottish Government shall pay funds to the Government to cover a proportion of the costs incurred as a result of policies made under reserved matters.

(3) This section shall only come into effect if it is approved by a majority of people voting in a referendum on the provisions held in accordance with Schedule (Referendums under this Act).”

THE EARL OF CAITHNESS

26

Insert the following new Clause—

“Amendments to the Island Of Rockall Act 1972

(1) The Island Of Rockall Act 1972 is amended as follows.

(2) In section 1 (incorporation of Rockall into the United Kingdom as part of the County of Inverness), after first “shall” insert “for administrative purposes”.

(3) After section 1 insert—

“1A Ownership of Rockall

Rockall is owned by the United Kingdom and, in the event of Scotland leaving the United Kingdom, it shall be owned by the United Kingdom.””

Clause 15

LORD FOULKES OF CUMNOCK

27

Page 10, line 5, after second “the” insert “Devolved”

28

Page 10, line 7, after second “the” insert “Devolved”

29

Page 10, line 16, after “the” insert “Devolved”

Clause 17

LORD MCCLUSKEY

30

Page 11, line 1, at end insert—

“( ) Subject to the rights of appeal created by the provisions of section 98A of the 1998 Act (as inserted by subsection (3)), the High Court shall remain the final court of criminal appeal in all criminal cases brought in Scotland, whether prosecuted by the Lord Advocate or by any other person or body.”

31

Page 11, line 6, leave out “The Lord Advocate and”

32

Page 11, line 6, leave out “rights etc” and insert “and Community law”

33

Page 11, leave out lines 7 to 10 and insert—

“( ) This section applies to any act or failure to act of any public authority occurring in the course of criminal proceedings if, in the course of those proceedings before any criminal court, that act or failure to act is alleged to be incompatible with any of the Convention rights or with Community law.

( ) In this section the term “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

( ) In this section the term “in the course of criminal proceedings” means and includes any time commencing with the detention or arrest of any person for a crime or offence that is the subject of those proceedings and ending with the pronouncing of the final interlocutor in proceedings before the High Court.”

34

Page 11, leave out lines 17 to 19 and insert—

“( ) An appeal to the Supreme Court under this section against a determination by a court of two or more judges of the High Court of Justiciary lies only with permission of that court or, failing such permission, with permission of the Supreme Court; but permission shall not be granted unless it is certified by the High Court that a point of law of general public importance is involved in the decision; and also it appears to the High Court or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court.

( ) The High Court must give reasons for any decision to withhold a certificate under the foregoing subsection; but that decision is final.

( ) An application for permission to appeal under this section—

(a) if made to the High Court, must be made within 28 days of the date of the final determination of the proceedings in that court or, as the case may be, the determination on a reference under section 17A (Compatibility questions: references to High Court and Supreme Court) of the Scotland Act 2012;

(b) if made to the Supreme Court, must be made within 28 days of the date on which the High Court refused permission under section (Compatibility questions: references to High Court and Supreme Court) of the Scotland Act 2012.

( ) Except as provided by this Act, no appeal shall lie from any decision of the High Court on any question relating to compatibility.”

35

Page 11, leave out lines 20 to 34

36

Page 11, leave out lines 35 to 41 and insert—

“( ) In relation to an appeal under this section, the Supreme Court may (when determining a question relating to compatibility)—

(a) determine and resolve the point of law of general public importance raised in the certificate;

(b) restate and reformulate the point of law, if it considers that to be necessary in the interests of justice, and determine the point of law as restated and reformulated;

(c) remit any issue for determination by the High Court.

( ) When the Supreme Court has determined an appeal under this section, it shall remit the case to the court below to proceed as accords in the light of that determination.”

37

Page 11, line 41, at end insert—

“( ) Subject to the provisions of the following subsections, no appeal to the Supreme Court shall be competent until all proceedings in the courts below, including appeal proceedings, have been concluded.

( ) The High Court may, if it considers that it would serve the interests of justice, grant permission to appeal, and a certificate under subsection (5) of this section, at any earlier stage in the proceedings; and, without prejudice to the forgoing generality, the High Court may grant such permission and certificate even if any question relating to sentence remains to be determined.”

38

Page 11, line 41, at end insert—

“( ) An appeal to the Supreme Court for the determination of a compatibility issue in any criminal proceedings may be instituted by the Advocate General for Scotland or by the Lord Advocate, at any time, if he considers that the issue raises a point of law of general public importance, but such an appeal lies only with the permission of the High Court or, failing such permission, with permission of the Supreme Court, and—

(a) the Lord Advocate and the Advocate General for Scotland may take part in such proceedings;

(b) this subsection is without prejudice to any power to institute or defend proceedings exercisable by any other person.”

39

Page 11, line 44, after “But” insert “, for the removal of doubt,”

LORD MCCLUSKEY

LORD WALLACE OF TANKERNESS

BARONESS KENNEDY OF THE SHAWS

 

The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.

After Clause 17

LORD MCCLUSKEY

40

Insert the following new Clause—

“Compatibility questions: references to High Court and Supreme Court

(1) A court, other than any court of two or more judges of the High Court, may refer any compatibility question that arises in criminal proceedings before it to the High Court for determination.

(2) The Lord Advocate or the Advocate General for Scotland may require any court other than a court of two or more judges of the High Court to refer any compatibility question that arises in criminal proceedings before it to the High Court for determination.

(3) The High Court need not determine a compatibility question on a reference under subsection (1) or in pursuance of subsection (2) unless it considers that determination of the question by it is appropriate to enable the proceedings before the court making the reference to be finally determined.

(4) Subsection (5) applies where the Lord Advocate or the Advocate General for Scotland considers that the determination of a compatibility question by a court of two or more judges of the High Court raises a point of general public importance that ought to be considered by the Supreme Court.

(5) The Lord Advocate or the Advocate General for Scotland may require the High Court to refer the question to the Supreme Court for determination.”

41

Insert the following new Clause—

“Convention rights and EU law: appeal to Supreme Court

(1) The 1998 Act is amended as follows.

(2) In section 57(3) (Convention rights and EU law: excepted acts of Lord Advocate), omit the words after paragraph (b).

(3) After paragraph 1 of Schedule 6 (devolution issues), insert—

“1A. But a question arising in criminal proceedings in Scotland that would, apart from this paragraph, be a devolution issue is not a devolution issue if (however formulated) it relates to the compatibility with any of the Convention rights or with EU law of—

(a) an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament,

(b) any function,

(c) the purported or proposed exercise of a function,

(d) a failure to act.”

(4) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(5) In each of sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), after “under” insert “section 288ZA of this Act or”.

(6) In section 124(2)—

(a) after “Part XA” insert “and sections 288ZA and 288ZB”;

(b) after “appeal under” insert “section 288ZA of this Act or”;

(c) after “that Schedule” insert “or a reference under or in pursuance of section 288ZB of this Act”.

(7) For the italic cross-heading before section 288A substitute—

“Convention rights and EU law compatibility questions and devolution issues”.

(8) Before section 288A insert—

“288ZA Compatibility questions: appeal to Supreme Court

(1) For the purposes of this section and sections 288ZB and 288ZC the following are compatibility questions—

(a) a question whether a public authority within the meaning of section 6 of the Human Rights Act 1998 has acted (or proposes to act) in a way which is made unlawful by section 6(1) of that Act,

(b) a question whether an act or failure to act of a public authority within the meaning of section 6 of that Act is incompatible with EU law.

(2) For the purposes of determining a compatibility question raised by the accused in criminal proceedings, an appeal lies to the Supreme Court against a determination of the question by a court of two or more judges of the High Court.

(3) An appeal under this section lies from such a court only—

(a) after the final determination of the proceedings, except in the case of a determination on a reference under subsection (1) of section 288ZB or in pursuance of subsection (2) of that section,

(b) if the court certifies that the compatibility question raises a point of general public importance, and

(c) with the permission of that court or, failing such permission, with the permission of the Supreme Court.

(4) The High Court must give reasons for its decision to grant or withhold a certificate under subsection (3)(b), but that decision is final.

(5) Permission under subsection (3)(c) may be given only if it appears to the court in question that the point is one that ought to be considered by the Supreme Court.

(6) An application for permission to appeal under this section—

(a) if made to the High Court, must be made within 28 days of the date of the final determination of the proceedings or, as the case may be, the determination on the reference under subsection (1) of section 288ZB or in pursuance of subsection (2) of that section,

(b) if made to the Supreme Court, must be made within 28 days of the date on which the High Court refused permission under subsection (3)(c).

(7) In this section “EU law” has the meaning given by section 126(9) of the Scotland Act 1998.

288ZB Compatibility questions: references to High Court and Supreme Court

(1) A court, other than any court of two or more judges of the High Court, may refer any compatibility question that arises in criminal proceedings before it to the High Court for determination.

(2) The Lord Advocate or the Advocate General for Scotland may require any court other than a court of two or more judges of the High Court to refer any compatibility question that arises in criminal proceedings before it to the High Court for determination.

(3) Where the High Court considers that determination of a compatibility question on a reference under subsection (1) or in pursuance of subsection (2) is necessary to enable the proceedings before the court making the reference to be finally determined, the High Court must—

(a) determine the question, or

(b) if it considers that the question raises a point of general public importance which ought to be considered by the Supreme Court, refer the question to the Supreme Court for detemination.

(4) Where the High Court does not consider that determination of the compatibility question is necessary for that purpose, the High Court may (but need not) determine the question.

(5) Subsection (6) applies where the Lord Advocate or the Advocate General for Scotland considers that the determination of a compatibility question by a court of two or more judges of the High Court raises a point of general public importance which ought to be considered by the Supreme Court.

(6) The Lord Advocate or the Advocate General for Scotland may require the High Court to refer the question to the Supreme Court for determination.

288ZC Compatibility questions: powers of Supreme Court

(1) This section applies in relation to an appeal to the Supreme Court under section 288ZA and a reference to that Court in pursuance of section 288ZB(3)(b) or (6).

(2) The Supreme Court’s power under section 40(5) of the Constitutional Reform Act 2005 (power of Supreme Court to determine questions in statutory appeals) is to be read as a power to determine—

(a) the compatibility question set out in the certificate under section 288ZA(3)(b) or the reference in pursuance of section 288ZB(3)(b) or (6), or

(b) such reformulation of the question as the Supreme Court considers necessary to allow it to deal satisfactorily with the point of general public importance set out in the certificate or reference.

(3) Despite section 45 of that Act and any rules made under that section, the Supreme Court’s powers consist only of such of the powers of the High Court as are necessary to enable it to determine the compatibility question and remit the proceedings to the High Court.”

(9) In section 288B(1)—

(a) after “under” insert “section 288ZA of this Act or”;

(b) omit “of a devolution issue”.”

Clause 18

LORD FOULKES OF CUMNOCK

42

Page 13, line 10, after second “the” insert “Devolved”

43

Page 13, line 12, after first “the” insert “Devolved”

Clause 19

LORD FOULKES OF CUMNOCK

44

Page 13, line 39, at end insert “Devolved”

Clause 22

LORD SELKIRK OF DOUGLAS

45

Page 15, line 9, leave out from “who” to end of line 11 and insert—

“(a) is qualified in land management or the law of Scotland; and

(b) has experience of the functions of the Commissioners.”

Clause 23

LORD SELKIRK OF DOUGLAS

46

Page 15, line 28, at end insert—

“( ) Regulations applying in Scotland may only be made if the Secretary of State has consulted with such persons as he or she consider appropriate.”

Clause 24

DUKE OF MONTROSE

47*

Page 17, line 6, at end insert—

“( ) Section 89 of the Road Transport Act 1988 (Tests of Competence to Drive) is amended as follows.

( ) After subsection (3) insert—

“(3A) The Secretary of State shall ensure that tests under this section reflect the content of regulations relating to drink driving limits made by Scottish Ministers under section 9(3) or 11(2).””

Clause 25

LORD FORSYTH OF DRUMLEAN

48

Page 17, line 23, after “of” insert “all classes of”

49

Page 17, line 24, at end insert—

“( ) provision to set penalties for speeding and drink driving offences on special roads in Scotland; and

( ) provision for random breath testing for alcohol of motorists on special roads in Scotland.”

DUKE OF MONTROSE

50*

Page 19, line 8, at end insert—

“(16) Section 89 of the Road Transport Act 1988 (tests of competence to drive) is amended as follows.

(17) After subsection (3) insert—

“(3B) The Secretary of State shall ensure that tests under the section reflect the content of regulations relating to speed limits made by Scottish Ministers under sections 17(2), 64 and 88 of the Road Traffic Regulation Act 1984.”””

Clause 27

LORD FOULKES OF CUMNOCK

51

Page 19, line 43, at end insert—

“( ) Before commencing discussions with representatives of foreign governments or inter-governmental organisations, Scottish Ministers are required to obtain consent to the discussions from a Minister of the Crown.”

Clause 28

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 28 stand part of the Bill.

Clause 29

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 29 stand part of the Bill.

Clause 30

LORD FOULKES OF CUMNOCK

52

Page 23, line 5, after “the” insert “Devolved”

LORD FORSYTH OF DRUMLEAN

53

Page 23, line 6, at end insert—

“(9) This section is subject to section (Referendum about Scottish rate of income tax).”

54

Page 23, line 6, at end insert—

“80CA Referendum on increasing Scottish rate of income tax

(1) This subsection applies if the motion tabled by a member of the Scottish Government for a Scottish rate resolution proposes that the basic, higher or additional rate of income tax for a tax year for Scottish taxpayers is to be above the rates set for taxpayers in the rest of the United Kingdom as determined under section 6(2) of the Income Tax Act 2007.

(2) If subsection (1) applies Her Majesty must by Order in Council cause a referendum to be held throughout Scotland about whether the basic, higher or additional rate (as the case may be) of income tax for the relevant tax year for Scottish taxpayers should be set as proposed in the motion.

(3) If the majority of the voters in a referendum held by virtue of subsection (2) vote in favour of the proposed rate or rates of income tax the Scottish Parliament may consider the motion for a Scottish rate resolution under section 80C.

(4) But if they do not, the Income Tax Acts have effect for that year in respect of the rate of income tax that was the subject of the referendum.

(5) For further provision about referendums held by virtue of this section see Schedule (Referendums on commencement of sections 30 to 32 or increasing Scottish rate of income tax).”

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill.

Clause 31

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 31 stand part of the Bill.

Clause 32

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 32 stand part of the Bill.

After Clause 32

LORD FORSYTH OF DRUMLEAN

55

Insert the following new Clause—

“Referendum about Scottish rate of income tax

Referendum about Scottish rate of income tax

(1) Her Majesty may by Order in Council cause a referendum to be held throughout Scotland about whether sections 30 to 32 should come into force.

(2) If the majority of the voters in a referendum held by virtue of subsection (1) vote in favour of those sections coming into force, they are to come into force in accordance with section (Commencement of sections 30 to 32).

(3) But if they do not, that does not prevent the making of a subsequent Order in Council under subsection (1).

(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament and the Scottish Parliament.

(5) But subsection (4) is not satisfied unless the resolution of the Scottish Parliament is passed on a vote in which the number of members of the Parliament voting in favour of it is not less than two-thirds of the total number of seats in the Parliament.

(6) A draft of a statutory instrument containing an Order in Council under subsection (1) may not be laid before either House of Parliament, or the Scottish Parliament, until the Secretary of State has undertaken such consultation as the Secretary of State considers appropriate.

(7) For further provision about referendums held by virtue of subsection (1) see Schedule (Referendums on commencement of sections 30 to 32).”

56

Insert the following new Clause—

“Proposal for referendum by Scottish Parliament

(1) This section applies if—

(a) the Scottish Parliament passes a resolution moved by the First Minister or a Scottish Minister that, in its opinion, a recommendation should be made to Her Majesty in Council to make an Order in Council under section (Referendum about Scottish rate of income tax)(1), and

(b) the resolution of the Scottish Parliament is passed on a vote in which the number of members of the Parliament voting in favour of it is not less than two-thirds of the total number of seats in the Parliament.

(2) The First Minister must, as soon as is reasonably practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the Secretary of State.

(3) The Secretary of State must, within the period of 120 days beginning immediately after the day on which it is received—

(a) lay a draft of a statutory instrument containing an Order in Council under section (Referendum about Scottish rate of income tax)(1) before each House of Parliament, or

(b) give notice in writing to the First Minister of the Secretary of State’s refusal to do so and the reasons for that refusal.

(4) As soon as is reasonably practicable after the First Minister receives notice given under subsection (3)(b)—

(a) the First Minister must lay a copy of the notice before the Scottish Parliament, and

(b) the Scottish Parliament must ensure that the notice is published.”

57

Insert the following new Clause—

“Commencement of sections 30 to 32

(1) This section applies where the majority of the voters in a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) are in favour of sections 30 to 32 coming into force.

(2) The Secretary of State may by order make provision for sections 30 to 32 to come into force on the date specified in the order.

(3) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.”

58*

Insert the following new Clause—

“Scottish rate of income tax: transitional costs

(1) Prior to their coming into force, the Secretary of State shall publish an impact assessment setting out the costs of sections 30, 31 and 32.

(2) A draft version of the impact assessment to be published under subsection (1) must be sent to the Scottish Government and to the Presiding Officer of the Scottish Parliament.

(3) Upon receipt of the draft impact assessment under subsection (2), the Scottish Government shall have 28 days to prepare and deliver any response that it should wish to make to the Secretary of State. During this time, the Secretary of State must not publish the completed impact assessment.

(4) The Secretary of State may choose to take into consideration the response received from the Scottish Government but is not required to do so.

(5) The consultation process set out in subsections (2), (3) and (4) may be repeated.

(6) At the time of publication of the impact assessment under section (1), the Secretary of State shall also publish all responses that it has received from the Scottish Government under section (3).

(7) The costs of sections 30, 31 and 32 identified by the impact assessment shall be borne by the Scottish Government.”

Clause 33

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 33 stand part of the Bill.

Clause 34

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 34 stand part of the Bill.

Clause 35

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 35 stand part of the Bill.

Clause 36

LORD FOULKES OF CUMNOCK

 

Lord Foulkes of Cumnock gives notice of his intention to oppose the Question that Clause 36 stand part of the Bill.

After Clause 36

LORD FORSYTH OF DRUMLEAN

59*

Insert the following new Clause—

“Air passenger duty

(1) In Part 4A of the 1998 Act (as inserted by section 28), after Chapter 4 (inserted by section 35) insert—

“CHAPTER 5 Air Passenger Duty

80L Air passenger duty

(1) A duty of excise which is levied on the carriage, from a Scottish airport, of chargeable passengers on chargeable aircraft, is a devolved tax.

(2) In this section—

“chargeable passenger” refers, subject to sections 31 and 32 of the Finance Act 1994, to every passenger on an aircraft if their flight begins at an airport in Scotland.

“chargeable aircraft” refers, subject to section 29 of the Finance Act 1994, to every aircraft designed or adapted to carry persons in addition to the flight crew.”

60*

Insert the following new Clause—

“Disapplication of UK Air Passenger Duty

(1) Part 1 of the Finance Act 1994 (Customs and Excise) is amended as follows.

(2) In section 28(4) (Air passenger duty) for “the United Kingdom” substitute “England and Wales or Northern Ireland”.

(3) This section has effect in relation to carriage that occurs on or after such date as is appointed by the Treasury by order under this subsection.”

61*

Insert the following new Clause—

“Alcoholic liquor duties

(1) In part 4A of the 1998 Act (as inserted by section 28), after Chapter 5 (inserted by section 36A) insert—

“CHAPTER 6 Alcoholic Liquor Duty

80M Alcoholic Liquor Duties

(1) An excise duty which is levied on the alcoholic liquors which are subject to excise duty under this Act, that is to say—

(a) spirits,

(b) beer,

(c) wine,

(d) made-wine, and

(e) cider;

is a devolved tax.”

(2) Duty may not be charged in accordance with the provision inserted by this section on sales of alcoholic liquor if the sale occurs before the date appointed under section 36(3).”

62*

Insert the following new Clause—

“Disapplication of the Alcoholic Liquor Duties Act 1979

(1) Part 1 of the Alcoholic Liquor Duties Act 1979 (Preliminary) is amended as follows.

(2) In section 1(1) (The alcoholic liquors dutiable under this Act) after the first “duty” insert “within England, Wales and Northern Ireland”.

(3) This section has effect in relation to sales of alcoholic liquor that occur on or after such date as is appointed by the Treasury by order under this subsection.”

Clause 37

LORD FOULKES OF CUMNOCK

63

Page 29, line 41, after “the” insert “Devolved”

64

Page 29, line 42, after second “the” insert “Devolved”

After Clause 37

LORD BARNETT

65

Insert the following new Clause—

“Allocation of public funds to Scotland

(1) The allocation of public funds to Scotland shall be based on a needs assessment, rather than the population basis of the Barnett formula.

(2) The Chancellor of the Exchequer shall, by order, establish a commission—

(a) to agree a methodology for assessing Scotland’s needs; and

(b) periodically to review the allocation of public funds to Scotland in the light of its needs.

(3) The first review by the commission must be completed no later than 1 April 2015.”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

66

Insert the following new Clause—

“Referendum about further devolution of taxation

Referendum about further devolution of taxation

In section 30 of the 1998 Act (legislative competence: supplementary) insert—

“(5) Her Majesty may not by Order in Council amend Schedule 5 or make any other provision which removes any tax or excise duty from being a reserved matter (“the proposed devolution of taxation competence”) unless subsection (6) is satisfied.

(6) This subsection is satisfied if a referendum has been held throughout Scotland about whether the proposed devolution of taxation competence should take place and the majority of voters in the referendum vote in favour of the proposed devolution.

(7) Her Majesty may by Order in Council cause the referendum to be held.

(8) The Order in Council shall contain the question that is to appear on the ballot paper.

(9) An Order in Council under subsection (7) may not be made unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament.

(10) For further provision about a referendum held by virtue of this section, Schedule (Referendums under this Act) to the Scotland Act 2011 applies.””

LORD FOULKES OF CUMNOCK

67

Insert the following new Clause—

“Referendum about Scottish finance provisions

Referendum about Scottish finance provisions

(1) Her Majesty may by Order in Council cause a referendum to be held throughout Scotland about whether Part 3 should come into force.

(2) If the majority of the voters in a referendum held by virtue of subsection (1) vote in favour of those sections coming into force, they are to come into force in accordance with section (Commencement of Part 3).

(3) But if they do not, that does not prevent the making of a subsequent Order in Council under subsection (1).

(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament and the Scottish Parliament.

(5) But subsection (4) is not satisfied unless the resolution of the Scottish Parliament is passed on a vote in which the number of members of the Parliament voting in favour of it is not less than two-thirds of the total number of seats in the Parliament.

(6) A draft of a statutory instrument containing an Order in Council under subsection (1) may not be laid before either House of Parliament, or the Scottish Parliament, until the Secretary of State has undertaken such consultation as the Secretary of State considers appropriate.

(7) For further provision about referendums held by virtue of subsection (1), Schedule (Referendums under this Act) applies.”

68

Insert the following new Clause—

“Proposal for referendum by Scottish Parliament

(1) This section applies if—

(a) the Scottish Parliament passes a resolution moved by the First Minister or a Scottish Minister that, in its opinion, a recommendation should be made to Her Majesty in Council to make an Order in Council under section (Referendum about Scottish finance provisions)(1), and

(b) the resolution of the Scottish Parliament is passed on a vote in which the number of members of the Parliament voting in favour of it is not less than two-thirds of the total number of seats in the Parliament.

(2) The First Minister must, as soon as is reasonably practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the Secretary of State.

(3) The Secretary of State must, within the period of 120 days beginning immediately after the day on which it is received—

(a) lay a draft of a statutory instrument containing an Order in Council under section (Referendum about Scottish finance provisions)(1) before each House of Parliament, or

(b) give notice in writing to the First Minister of the Secretary of State’s refusal to do so and the reasons for that refusal.

(4) As soon as is reasonably practicable after the First Minister receives notice given under subsection (3)(b)—

(a) the First Minister must lay a copy of the notice before the Scottish Parliament, and

(b) the Scottish Parliament must ensure that the notice is published.”

69

Insert the following new Clause—

“Commencement of Part 3

(1) This section applies where the majority of the voters in a referendum held by virtue of section (Referendum about Scottish finance provisions)(1) are in favour of Part 3 coming into force.

(2) The Secretary of State may by order make provision for Part 3 to come into force on the date specified in the order.

(3) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.”

LORD FORSYTH OF DRUMLEAN

70*

Insert the following new Clause—

“Scottish Consolidated Fund

(1) The 1998 Act is amended as follows.

(2) In section 64 (Scottish Consolidated Fund), for subsections (6) and (7) substitute—

“(6) Scottish Ministers may retain in the Scottish Consolidated Fund any amount not paid out under section 65, and may carry forward such surpluses from one financial year to the next.””

Before Clause 38

LORD WALLACE OF TANKERNESS

71

Insert the following new Clause—

“Convention rights and EU law: role of Advocate General in relation to criminal proceedings

(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) For the italic heading before section 288A substitute “Convention rights and EU law compatibility issues, and devolution issues”.

(3) After that heading insert—

“288ZA Right of Advocate General to take part in proceedings

(1) The Advocate General for Scotland may take part as a party in criminal proceedings so far as they relate to a compatibility issue.

(2) In this section “compatibility issue” means a question whether a public authority has acted (or proposes to act)—

(a) in a way which is made unlawful by section 6(1) of the Human Rights Act 1998, or

(b) in a way which is incompatible with EU law.

(3) In subsection (2)—

(a) “public authority” has the same meaning as in section 6 of the Human Rights Act 1998;

(b) references to acting include failing to act;

(c) “EU law” has the meaning given by section 126(9) of the Scotland Act 1998.”

(4) Section 288A (rights of appeal for Advocate General: devolution issues) is amended as follows.

(5) In the heading, before “devolution issues” insert “compatibility issues and”.

(6) In subsection (1) omit “in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues)”.

(7) For subsection (2) substitute—

“(2) Where the Advocate General for Scotland was a party in pursuance of paragraph 6 of Schedule 6 to the Scotland Act 1998 (devolution issues), the Advocate General may refer to the High Court for their opinion any devolution issue which has arisen in the proceedings.

(2A) Where the Advocate General for Scotland was a party in pursuance of section 288ZA, the Advocate General may refer to the High Court for their opinion any compatibility issue (within the meaning of that section) which has arisen in the proceedings.

(2B) If a reference is made under subsection (2) or (2A) the Clerk of Justiciary shall send to the person acquitted or convicted and to any solicitor who acted for that person at the trial a copy of the reference and intimation of the date fixed by the Court for a hearing.”

(8) In subsection (6) after “(2)” insert “or (2A)”.”

72

Insert the following new Clause—

“Convention rights and EU law: criminal appeals to the Supreme Court

(1) The 1998 Act is amended as follows.

(2) In section 57(3) (EU law and Convention rights: excepted acts of the Lord Advocate) omit the words after paragraph (b).

(3) In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert—

“But a question arising in criminal proceedings in Scotland is not a devolution issue if it is a compatibility issue within the meaning of section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of Advocate General to take part in proceedings).”

(4) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(5) After section 288A insert—

“288AA Appeals to the Supreme Court: compatibility issues

(1) For the purpose of determining any compatibility issue an appeal lies to the Supreme Court against a determination in criminal proceedings by a court of two or more judges of the High Court.

(2) On an appeal under this section—

(a) the powers of the Supreme Court are exercisable only for the purpose of determining the compatibility issue;

(b) for that purpose the Court may make any change in the formulation of that issue that it thinks necessary in the interests of justice.

(3) When it has determined the compatibility issue the Supreme Court must remit the proceedings to the High Court.

(4) In this section “compatibility issue” has the same meaning as in section 288ZA.

(5) An appeal under this section against a determination lies only with the permission of the court that made the determination or, failing that permission, with the permission of the Supreme Court.

(6) An application to the High Court for permission under subsection (5) must be made—

(a) within 28 days of the date of the final determination of the proceedings or, as the case may be, the date of the determination on the reference under section 288A(2A), or

(b) within such longer period as the High Court considers equitable having regard to all the circumstances.

(7) An application to the Supreme Court for permission under subsection (5) must be made—

(a) within 28 days of the date on which the High Court refused permission under that subsection, or

(b) within such longer period as the Supreme Court considers equitable having regard to all the circumstances.”

(6) Section 288B (appeals to the Supreme Court) is amended as follows.

(7) For the heading substitute “Appeals to the Supreme Court: general”.

(8) In subsection (1)—

(a) after “under” insert “section 288AA of this Act or”;

(b) omit “of a devolution issue”.

(9) In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), after “under” insert “section 288AA of this Act or”.

(10) In section 124(2)—

(a) after “Part XA” insert “and section 288AA”;

(b) after “appeal under” insert “section 288AA of this Act or”.”

After Clause 38

LORD FOULKES OF CUMNOCK

73

Insert the following new Clause—

“The civil service in Scotland

(1) The 1998 Act is amended as follows.

(2) In section 51 (the civil service) after subsection (4) insert—

“(4A) The Constitutional Reform and Governance Act 2010 is amended as follows.

(4B) In section 5, after subsection (2), insert—

“(2A) Any code of conduct covering civil servants who serve the Devolved Scottish Government must make clear that advice given to Scottish Ministers by civil servants in Scotland should be limited to devolved matters and should not concern reserved matters.”””

LORD FORSYTH OF DRUMLEAN

74

Insert the following new Clause—

“Imposition of surcharges

The Secretary of State shall, by statutory instrument, make regulations requiring any Scottish Minister or member of the Scottish Parliament to pay a surcharge in the event of that person spending or causing to be spent public funds in excess of the amount that person is entitled to spend or cause to be spent by statute.”

Clause 43

LORD FOULKES OF CUMNOCK

75

Page 32, line 29, leave out “this Act is passed” and insert “a referendum is held throughout Scotland in which a majority of participants vote in favour of the provisions of Parts 1, 2 and 3 of this Act”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

76

Page 32, leave out lines 31 to 40

LORD FORSYTH OF DRUMLEAN

77

Page 32, line 31, leave out “section 30(7)” and insert “sections 30 to 32”

78

Page 32, line 34, leave out paragraph (a)

79*

Page 32, line 34, at end insert—

“( ) section 32A”

80*

Page 32, line 36, at end insert—

“(d) sections 36A and 36B.”

81*

Page 32, line 36, at end insert—

“(e) sections 36C and 36D.”

82

Page 32, line 39, leave out paragraph (a)

83

Page 32, line 40, at end insert—

“( ) Sections 30 to 32 come into force in accordance with section (Commencement of sections 30 to 32).”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

84

Page 32, line 40, at end insert—

“( ) Part 3 and Schedule 3 come into force in accordance with section (Commencement of Part 3).”

LORD FORSYTH OF DRUMLEAN

85*

Page 32, line 40, at end insert—

“(1) The following provisions shall not come into force until the Scottish Parliament has passed a legislative consent motion signifying its consent to those provisions—

(a) sections 12 to 14,

(b) section 27, and

(c) Part 3.

(2) If the Scottish Parliament fails to pass a legislative consent motion under subsection (1) within two months of this Act receiving Royal Assent, then the provisions listed in subsection (1) shall lapse.”

LORD FOULKES OF CUMNOCK

86

Page 32, line 42, at end insert—

“( ) The Secretary of State or Treasury may not appoint a day for any purpose until a referendum throughout Scotland in which a majority of participants vote in favour of the provisions of Parts 1, 2 and 3 of this Act has been held.”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

87

Page 33, line 2, at end insert—

“( ) Notwithstanding the other provisions of this section, no provision of this Act may come into force until a referendum has been held in accordance with section (Referendum about Scottish independence).”

Before Clause 10

LORD FORSYTH OF DRUMLEAN

THE EARL OF CAITHNESS

LORD LANG OF MONKTON

88

Insert the following new Clause—

“Referendum about Scottish independence

(1) The holding of a referendum on whether Scotland should become independent from the rest of the United Kingdom is outside the legislative competence of the Scottish Parliament (see subsection (6)).

(2) The Prime Minister may by order cause a referendum to be held throughout Scotland about whether Scotland should become independent of the rest of the United Kingdom.

(3) The order shall contain the question that is to appear on the ballot paper.

(4) The referendum shall be held in accordance with provisions made in the order, applying the provisions in sections 2, 3, 5 and 6 of, and Schedules 1, 2, 3, 4 and 9 to, the Parliamentary Voting System and Constituencies Act 2011 with such modifications as are necessary.

(5) An order under this section may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) In Part 1 of Schedule 5 to the 1998 Act, after paragraph 1 (the Constitution) insert—

“1A. The holding of a referendum on whether Scotland should become independent of the rest of the United Kingdom is a reserved matter.””

THE EARL OF CAITHNESS

[Amendments 89 and 90 are amendments to Amendment 88]

89

Line 8, at end insert—

“(2A) A referendum held under subsection (2) shall be advisory.

(2B) If a referendum held under subsection (2) results in a “yes” vote, the Prime Minister shall cause a further referendum, with the same question, to be held throughout the United Kingdom.

(2C) The result of a referendum held under subsection (2B) shall be binding.”

90

Line 8, at end insert—

“(2D) A vote in a referendum held under subsection (2B) of this section which results in Scotland leaving the United Kingdom shall not be binding on the residents of the Orkney Islands or the Shetland Islands unless a majority of the residents of the Orkney Islands and the Shetland Islands who voted in such a referendum voted that Scotland should leave the United Kingdom.”

LORD FOULKES OF CUMNOCK

91

Insert the following new Clause—

“Referendum about Scottish independence

(1) Her Majesty may by Order in Council, on the advice of the Prime Minister, cause a referendum to be held throughout Scotland about whether Scotland should become independent of the rest of the United Kingdom.

(2) Such a referendum can only be held within 24 months of the day on which this Act is passed.

(3) The question that is to appear on the ballot paper is—

Do you want Scotland to remain part of the United Kingdom?

(4) For further provision about a referendum held by virtue of subsection (1), Schedule (Referendums under this Act) applies.

(5) An Order in Council under this section may not be made unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament.”

[Amendments 92 and 93 are amendments to Amendment 91]

THE EARL OF CAITHNESS

92

Line 4, leave out first “Scotland” and insert “the United Kingdom”

LORD STEEL OF AIKWOOD

93

Line 14, at end insert “and the Scottish Parliament.

( ) Such a referendum must be administered by the Electoral Commission.”

LORD FOULKES OF CUMNOCK

94

Insert the following new Clause—

“Reserved matters: referendum dispensation

(1) Schedule 5 to the 1998 Act (reserved matters) is amended as follows.

(2) After paragraph 5 insert—

“(6) Paragraph 1 does not reserve provision for a referendum about whether Scotland should become independent of the rest of the United Kingdom provided that the legislation to provide for such a referendum requires that it—

(a) is held throughout Scotland within 12 months of the date on which this Bill receives Royal Assent;

(b) uses on its ballot paper a question proposed by the Electoral Commission;

(c) is held in accordance with Part VII (referendums) of the Political Parties, Elections and Referendums Act 2000, except that—

(i) references in the Act to Parliament shall be deemed to be references to the Scottish Parliament,

(ii) references in the Act to the Secretary of State shall be deemed to be references to the First Minister, and

(iii) section 125(2)(b) shall include any Scottish Minister.””

Clause 10

LORD WALLACE OF TANKERNESS

 

Lord Wallace of Tankerness gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.

After Clause 10

LORD WALLACE OF TANKERNESS

95

Insert the following new Clause—

“Continued effect of provisions ceasing to be within legislative competence

(1) In section 30 of the 1998 Act (legislative competence: supplementary) after subsection (4) insert—

“(5) Subsection (6) applies where any alteration is made—

(a) to the matters which are reserved matters, or

(b) to Schedule 4,

(whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise).

(6) Where the effect of the alteration is that a provision of an Act of the Scottish Parliament ceases to be within the legislative competence of the Parliament, the provision does not for that reason cease to have effect (unless an enactment provides otherwise).”

(2) After section 29(4) of that Act (legislative competence) insert—

“(5) Subsection (1) is subject to section 30(6).”

(3) In section 92 of that Act (Queen’s Printer for Scotland), after subsection (4A) (inserted by section 16) insert—

“(4B) If, following an alteration such as is mentioned in section 30(5)—

(a) subordinate legislation is made, confirmed or approved under a provision which continues to have effect by virtue of section 30(6), and

(b) the making, confirmation or approval would be within devolved competence but for the alteration,

the subordinate legislation is to be regarded for the purposes of this section as being made, confirmed or approved within devolved competence.””

LORD SELSDON

96*

Insert the following new Clause—

“Referendums: definition of Scottish nationality

(1) For any referendum under this Act in which voting is restricted to those of Scottish nationality, the provisions of this section shall apply.

(2) A person shall be considered to be of Scottish nationality if they are—

(a) ordinarily resident, or

(b) resident

in Scotland, or if the domicile of their father was Scotland at the time of their birth.”

After Schedule 3

LORD FORSYTH OF DRUMLEAN

97

Insert the following new Schedule—

“SCHEDULE Referendums on commencement of sections 30 to 32 or increasing Scottish rate of income tax Entitlement to vote

1 (1) The persons entitled to vote in a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) are those who would be entitled to vote in a general election of Scottish Parliament members if one were held on the date of the poll at the referendum.

(2) But an Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may include provision for disregarding alterations made in a register of electors after a specified date.

Conduct etc of referendum

2 (1) An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may make provision for and in connection with the referendum which it causes to be held.

(2) Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3) In sub-paragraph (2) “donations” means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000.

Referendum question and statement

3 (1) An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax)—

(a) must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b) may specify a statement to precede the question on that ballot paper.

(2) The Secretary of State must, no later than the time at which paragraph (b) of section 104(4) of the Political Parties, Elections and Referendums Act 2000 (report stating views as to intelligibility of referendum question expressed by Electoral Commission) is complied with, send to the First Minister a copy of the report laid before Parliament under that paragraph.

(3) As soon as is reasonably practicable after the First Minister receives a copy of a report under sub-paragraph (2), the First Minister must lay a copy of the report before the Scottish Parliament.

Date of referendum

4 (1) An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum of increasing rate of Scottish income tax) must specify the date of the poll at the referendum which it causes to be held.

(2) The Secretary of State may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3) No order may be made under sub-paragraph (2) without the consent of the Scottish Ministers.

(4) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Referendum period

5 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.

Combination of polls

6 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).

Encouraging voting

7 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).

Provision of information to voters

8 (1) This paragraph applies in relation to a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.

(2) The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3) Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4) In this paragraph “the appropriate day” means—

(a) if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b) if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

(c) in any other case in which no such order is made, the 29th day of the referendum period.

Referendum material

9 Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.

Funding and accounts

10 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Scottish Consolidated Fund).

11 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.

No legal challenge to referendum result

12 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) as certified by the Chief Counting Officer or a counting officer unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of six weeks beginning with—

(a) the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

Supplementary

13 An Order in Council under section (Referendum about Scottish rate of income tax)(1) or (Referendum on increasing rate of Scottish income tax) may include provision creating criminal offences.

Interpretation

14 Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 have the same meaning in this Schedule as in that Part.”

LORD FOULKES OF CUMNOCK

THE EARL OF CAITHNESS

98

Insert the following new Schedule—

“SCHEDULE Referendums under this Act Entitlement to vote 1 (1) The persons entitled to vote in a referendum held by virtue of any provision of this Act are those who would be entitled to vote in a general election of Scottish Parliament members if one were held on the date of the poll at the referendum.

(2) But an Order in Council under this Act may include provision for disregarding alterations made in a register of electors after a specified date.

Conduct etc of referendum

2 (1) An Order in Council under this Act may make provision for and in connection with the referendum which it causes to be held.

(2) Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3) In sub-paragraph (2) “donations” means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000.

Referendum question and statement

3 (1) An Order in Council under this Act—

(a) must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b) may specify a statement to precede the question on that ballot paper.

(2) The Secretary of State must, no later than the time at which paragraph (b) of section 104(4) of the Political Parties, Elections and Referendums Act 2000 (report stating views as to intelligibility of referendum question expressed by Electoral Commission) is complied with, send to the First Minister a copy of the report laid before Parliament under that paragraph.

(3) As soon as is reasonably practicable after the First Minister receives a copy of a report under sub-paragraph (2), the First Minister must lay a copy of the report before the Scottish Parliament.

Date of referendum

4 (1) An Order in Council under this Act must specify the date of the poll at the referendum which it causes to be held.

(2) The Secretary of State may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3) No order may be made under sub-paragraph (2) without the consent of the Scottish Ministers.

(4) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Referendum period

5 An Order in Council under this Act must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.

Combination of polls

6 An Order in Council under this Act may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).

Encouraging voting

7 An Order in Council under this Act may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).

Provision of information to voters

8 (1) This paragraph applies in relation to a referendum held by virtue of this Act if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.

(2) The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3) Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4) In this paragraph “the appropriate day” means—

(a) if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b) if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

(c) in any other case in which no such order is made, the 29th day of the referendum period.

Referendum material

9 Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of this Act if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.

Funding and accounts 102 10 An Order in Council under this Act must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Scottish Consolidated Fund).

11 An Order in Council under this Act must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.

No legal challenge to referendum result

12 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of this Act as certified by the Chief Counting Officer or a counting officer unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of six weeks beginning with—

(a) the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

Supplementary

13 An Order in Council under this Act may include provision creating criminal offences.

Interpretation

14 Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 have the same meaning in this Schedule as in that Part.”

[Amendments 99 to 101 are amendments to Amendment 98]

BARONESS TAYLOR OF BOLTON

99

Line 6, leave out from “those” to end of line 8 and insert—

“(a) who would be entitled to vote in a general election of Scottish Parliament members if one were held on the date of the poll at the referendum, and

(b) who would be entitled to vote in a general election of United Kingdom Parliament members if one were held on the date of the poll at the referendum whose birth was registered in Scotland.”

THE EARL OF CAITHNESS

100

Line 7, leave out “Scottish” and insert “Westminster”

101

Line 102, leave out “Scottish”

Schedule 4

LORD FOULKES OF CUMNOCK

102

Page 43, line 3, after “the” insert “Devolved”

Prepared 25th January 2012