Scotland Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Marshalled List]

Clause 22

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

LORD DAVIDSON OF GLEN CLOVA

 

Page 15, line 8, leave out “Scottish Crown Estate Commissioner” and insert “Crown Estate Commissioner for Scotland”

 

Page 15, line 13, leave out “Scottish Crown Estate Commissioner” and insert “Crown Estate Commissioner for Scotland”

 

Page 15, line 14, leave out from first “of” to end of line 15 and insert “Scottish Ministers with the agreement of the Chancellor of the Exchequer”

Clause 23

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

LORD DAVIDSON OF GLEN CLOVA

 

Page 15, line 33, at end insert—

““(4A) Regulations relating to the prevention or misuse of controlled drugs made under subsection (4)(a) applying in Scotland, may only be made if the Scottish Ministers have consulted with the Chief Medical Officer for Scotland and such persons as they consider appropriate.””

Clause 24

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

LORD DAVIDSON OF GLEN CLOVA

 

Page 17, line 6, at end insert—

“(7A) Section 38 (The Highway Code) is amended as follows.

(7B) After subsection (2) insert—

“(2A) The Secretary of State shall ensure that the provisions of the Code reflect the content of regulations relating to drink driving limits made by Scottish Ministers under section 8(3) or 11(2).”

(7C) Section 89 (tests of competence to drive) is amended as follows.

(7D) 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 8(3) or 11(2).””

 

Page 17, line 13, at end insert—

“(10A) The Secretary of State and Scottish Ministers shall together make regulations to enforce drink driving limits in the event of the drink driving regime not being the same in England and Scotland.

(10B) Regulations under subsection (10A) above shall be subject to Type F procedure, as defined in Schedule 7 to the Scotland Act 1998.”

Clause 25

LORD BROWNE OF LADYTON

LORD BOYD OF DUNCANSBY

LORD DAVIDSON OF GLEN CLOVA

 

Page 19, line 8, at end insert—

“(15A) Section 38 of the Road Traffic Act 1988 (The Highway Code) is amended as follows.

(15B) After subsection (2) insert—

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

(15C) Section 89 of the Road Traffic Act 1988 (tests of competence to drive) is amended as follows.

(15D) After subsection (3) insert—

“(3B) The Secretary of State shall ensure that tests under this 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.””

Before Clause 38

LORD MCCLUSKEY

[As amendments to Amendment 71]

 

Line 11, after “whether” insert—

“(a) in the course of criminal proceedings,”

 

Line 15, at end insert “; or

“(b) an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is outside the legislative competence of the Parliament as being incompatible with any of the Convention rights or with EU law.”

 

Line 16, at end insert—

“( ) references to the course of criminal proceedings are to the period beginning with the detention or arrest of a person for an offence and ending with the pronouncing of the final interlocutor in proceedings before the High Court;”

LORD MCCLUSKEY

[As amendments to Amendment 72]

 

Line 2, at end insert—

“( ) Subject to the rights of appeal created by section 288AA of the Criminal Procedure (Scotland) Act 1995 (inserted by subsection (5) of this section), 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.”

 

Line 20, at end insert “(including the point of law of general public importance by reason of which the compatibility issue was certified under subsection (5)(b))”

 

Line 28, after “only” insert—

“(a) after the final determination of the proceedings, except with the permission of the High Court under subsection (5C) or in the case of a determination on a reference under subsection (1) of section 288AB or in pursuance of subsection (2) of that section,

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

(c) ”

 

Line 30, at end insert—

“(5A) The High Court must give reasons for its decision to grant or withhold a certificate under subsection (5)(b), but that decision is final.

(5B) Permission under subsection (5)(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.

(5C) The High Court may, if it thinks it necessary in the interests of justice, grant permission to appeal under this section at a time before the final determination of the proceedings.”

 

Line 35, after “288(2A)” insert “or subsection (1) of section 288AB or in pursuance of subsection (2) of that section”.

 

Leave out lines 36 and 37

 

Leave out lines 42 and 43

 

Line 43, at end insert—

“288AB References to High Court and Supreme Court: compatibility issues

(1) A court, other than any court of two or more judges of the High Court, may refer any compatibility issues which has arisen 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 issue which has arisen in criminal proceedings before it to the High Court for determination.

(3) Where the High Court considers that determination of a compatibility issue 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 issue, or

(b) if it considers that the issue raises a point of law of general public importance which ought to be considered by the Supreme Court without first being determined by the High Court, refer the issue to the Supreme Court for determination.

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

(5) Subsection (6) applies where the Lord Advocate or the Advocate General for Scotland considers that the determination of a compatibility issue by a court of two or more judges of the High Court raises a point of law 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 compatibility issue to the Supreme Court for determination.

(7) Subsections (2) to (4) of section 288AA apply in relation to a reference to the Supreme Court under subsection (3)(b) or (6) of this section as they apply in relation to an appeal under that section.

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

 

Line 52, leave out “section 288AA” and insert “sections 288AA and 288AB”

 

Line 53, at end insert—

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

Prepared 30th January 2012