Scotland Bill

Third
MARSHALLED
LIST OF AmendmentS
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 1st December 2015, as follows—

Clauses 13 to 18
Schedule 1
Clauses 19 to 33
Clauses 65 to 70
Title

[Amendments marked * are new or have been altered]

After Schedule 1

LORD MCAVOY

LORD DAVIDSON OF GLEN CLOVA

74

Insert the following new Schedule—

““SCHEDULE

THE JOINT COMMITTEE ON WELFARE DEVOLUTION

Membership

1      The Joint Committee on Welfare Devolution shall comprise the Secretary
of State, who is to be the chair of the Committee, and the following other
members—

(a)   the Scottish Minister who is responsible to the Scottish
Parliament for welfare policy and payments, who is to be the
deputy chair of the Committee;

(b)   the Member of the House of Commons who is for the time being
the Chair of the Work and Pensions Select Committee of the
House of Commons;

(c)   the Member of the Scottish Parliament who is for the time being
the Chair of the Welfare Reform Committee of the Scottish
Parliament;

(d)   two Members of Parliament who are not Ministers of the Crown;

(e)   two Members of the Scottish Parliament who are not Scottish
Ministers; and

(f)   two persons representing local government in Scotland.

2      The members of the Joint Committee on Welfare Devolution mentioned
in paragraph 1(d) are to be appointed by the Speaker of the House of
Commons and the Lord Speaker of the House of Lords.

3      The members of the Joint Committee on Welfare Devolution mentioned
in paragraph 1(e) are to be appointed by the Presiding Officer of the
Scottish Parliament.

4      The members of the Joint Committee on Welfare Devolution mentioned
in paragraph 1(f) are to be appointed by Scottish Ministers after
consultation with the Convention of Scottish Local Authorities.

5      In this Schedule, references to the Work and Pensions Select Committee
of the House of Commons are—

(a)   if the name of that Committee is changed, to be taken (subject to
paragraph (b)) to be references to the Committee by its new
name;

(b)   if the functions of that Committee with respect to welfare policy
and payments (or functions substantially corresponding thereto)
become functions of a different committee of the House of
Commons, to be taken to be references to the committee by
whom the functions are for the time being exercisable.

6      In this Schedule, references to the Welfare Reform Committee of the
Scottish Parliament are—

(a)   if the name of that Committee is changed, to be taken (subject to
paragraph (b)) to be references to the Committee by its new
name;

(b)   if the functions of that Committee at the passing of this Act with
respect to welfare policy and payments (or functions
substantially corresponding thereto) become functions of a
different committee of the Scottish Parliament, to be taken to be
references to the committee by whom the functions are for the
time being exercisable.

Term of office of Committee members

7      A member may resign from the Committee at any time by giving notice
to the Secretary of State.

8      A member may be re-appointed (or further re-appointed) to
membership of the Committee.

Committee proceedings

9      The Joint Committee on Welfare Reform may determine its own
procedure.

10     The validity of any proceedings of the Joint Committee on Welfare
Reform is not affected by—

(a)   any vacancy among, or

(b)   any defect in the appointment of any of,

the members of the Committee.

11     The Joint Committee on Welfare Reform may appoint a member of the
Committee to act at any meeting of the Committee in the absence of both
the Secretary of State and the Scottish Minister who is deputy chair of the
Committee.

Advisory Panel

12     The Secretary of State and Scottish Ministers acting jointly may make
regulations appointing a panel to advise the Joint Committee on Welfare
Reform on the transfer, implementation and operation of the powers
devolved to the Scottish Parliament by Part 3 of this Act, comprising
academics, representatives of the third sector and voluntary
organisations, and other relevant stakeholders.

13     The Joint Committee on Welfare Reform must consult any advisory
panel appointed under paragraph 12 of this Schedule.”

After Clause 19

LORD MCAVOY

LORD DAVIDSON OF GLEN CLOVA

LORD MCFALL OF ALCLUITH

75

Insert the following new Clause—

“Non-budget expenditure and the Scottish Consolidated Fund: further
provisions

Before the end of the first month of each financial year, the Secretary of
State must lay before Parliament a full record, including minutes of
meetings and Ministerial correspondence, of discussions between the
Secretary of State, the Treasury and Scottish Ministers relating to the non-
budget expenditure to be voted by Parliament authorising the payment of
grants to the Scottish Consolidated Fund for that financial year.”

LORD KERR OF KINLOCHARD

LORD TURNBULL

75A

Insert the following new Clause—

“Borrowing powers

(1)     Section 66 of the Scotland Act 1998 (borrowing by the Scottish Ministers
etc.) is amended as follows.

(2)     For subsections (1A) and (1B) substitute—

“(1A)    Subject to subsection (1B), the Scottish Ministers may borrow by
way of loan or by the issue of bonds (but not bonds transferable by
delivery) any sums required by them.

(1B)    Borrowing by Scottish Ministers shall be subject to—

(a)   annual limits; and

(b)   an overall ceiling.

(1C)    The annual limits and the overall ceiling shall be set by regulations
made by the Treasury, following consultation with Scottish
Ministers.

(1D)    Regulations under subsection (1C) may not be made unless a draft
of the regulations has been laid before and approved by a resolution
of each House of Parliament.””

LORD WALLACE OF TANKERNESS

LORD STEPHEN

76

Insert the following new Clause—

“Fiscal framework: review

(1)     Any agreement between Her Majesty’s Government and the Scottish
Ministers regarding a fiscal framework for operation of the tax powers and
funding of the Scottish Parliament shall be reviewed not earlier than 4
years nor later than 5 years following the enactment of this Act.

(2)     The review under subsection (1) shall be undertaken by a Commission
consisting of an equal number of members from the Scottish Parliament
and the Parliament of the United Kingdom, including members from the
House of Commons and the House of Lords.

(3)     The Commission shall publish a report, which may include
recommendations, and shall submit copies of the report to both Houses of
the Parliament of the United Kingdom and the Scottish Parliament.”

Clause 20

LORD MCAVOY

LORD DAVIDSON OF GLEN CLOVA

77

Page 23, leave out lines 4 to 12 and insert “a disabled person or person with a
physical or mental impairment or health condition in respect of effects or needs
arising from that disability, impairment or health condition.”

Clause 21

LORD KIRKWOOD OF KIRKHOPE

77A

Page 24, line 31, at end insert “including the Winter Fuel Payments Scheme”

LORD DUNLOP

77B

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 22

LORD KIRKWOOD OF KIRKHOPE

77C

Page 25, line 6, leave out from “benefit” to end of line 10

77D

Page 25, leave out lines 11 and 12

77E

Page 25, leave out lines 15 to 22

77F

Page 25, line 24, at end insert—

Clause 23

LORD KIRKWOOD OF KIRKHOPE

77G

Page 25, leave out lines 38 and 39

77H

Page 25, leave out lines 40 to 47

Clause 24

LORD KIRKWOOD OF KIRKHOPE

77J

Page 26, line 19, leave out “short-term”

77K

Page 26, line 28, at end insert—

Clause 26

LORD KIRKWOOD OF KIRKHOPE

77L

Page 27, line 21, at end insert—

“(d)   have been formally notified to the Secretary of State by
Scottish Ministers, prior to the implementation of the
scheme.”

77M

Page 27, line 41, at end insert—

Clause 27

LORD KIRKWOOD OF KIRKHOPE

77N

Page 28, line 15, at end insert—

“( )     The Secretary of State and the Scottish Ministers must prepare and
maintain a memorandum describing in general terms how they intend
concurrently to exercise the making of regulations under this section.”

LORD DUNLOP

77P

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

77Q

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

Clause 28

LORD KIRKWOOD OF KIRKHOPE

77R

Page 29, line 12, at end insert—

“( )     The Secretary of State and the Scottish Ministers must prepare and
maintain a memorandum describing in general terms how they intend
concurrently to exercise the function of making regulations under this
section.”

LORD DUNLOP

77S

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 28

LORD MCAVOY

LORD DAVIDSON OF GLEN CLOVA

78

Insert the following new Clause—

“Joint Committee on Welfare Devolution

(1)     There shall be a Joint Committee on Welfare Devolution to examine the
transfer, implementation and operation of the powers devolved to the
Scottish Parliament by Part 3 of this Act.

(2)     The Joint Committee on Welfare Devolution shall be responsible for
ensuring full co-operation, consultation and information-sharing between
the United Kingdom Government, the Scottish Government and relevant
stakeholders.

(3)     The Joint Committee on Welfare Devolution shall publish a report—

(a)   on the transfer and implementation of the powers devolved to the
Scottish Parliament by Part 3 of this Act, at least once every three
months for the first three years from the date on which this Act is
passed, and

(b)   on the operation of the powers devolved to the Scottish Parliament
by Part 3 of this Act, at least once in each calendar year, starting
three years from the date on which this Act is passed.

(4)     Schedule (The Joint Committee on Welfare Devolution), which makes further
provision in relation to the Joint Committee on Welfare Devolution, has
effect.”

Clause 29

LORD MCAVOY

LORD DAVIDSON OF GLEN CLOVA

79

Page 30, line 20, at end insert—

“( )   provision of support for disabled persons in the form of
non-repayable payments to enable them to access
employment, remain in employment, or move into self-
employment or start a business,”

LORD KIRKWOOD OF KIRKHOPE

79ZA

Page 30, line 28, at end insert—

After Clause 30

LORD DUNLOP

79ZB

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.

(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

LORD DUNLOP

 

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

After Clause 33

LORD KIRKWOOD OF KIRKHOPE

79ZC

Insert the following new Clause—

“Social Security Advisory Committee

In section 170 of the Social Security Administration Act 1992 (the social
security advisory committee), after subsection (1) insert—

“(1A)    The Scottish Ministers may request the Social Security Advisory
Committee to—

(a)   give advice and assistance to the relevant Scottish Minister
in connection with the discharge of his or her functions in
relation to a relevant Scottish social security function; and

(b)   perform such other duties in relation to Scotland as may be
assigned to the Social Security Advisory Committee under
any enactment.””

79ZD

Insert the following new Clause—

“Pilot schemes

(1)     Any power to make—

(a)   regulations under Part 3 of this Act,

(b)   regulations under the Social Security Administration Act 1992
relating to Part 3 of this Act, or

(c)   regulations under the Social Security Act 1998 relating to Part 3 of
this Act,

may be exercised by Scottish Ministers so as to make provision for “pilot
schemes” in Scotland.

(2)     In subsection (1), “pilot scheme” means carrying out an activity or set of
activities and testing—

(a)   the extent to which the activity is likely to make Part 3 simpler to
understand or administer,

(b)   the extent to which the activity is likely to promote—

(i)   improved provision for carers or people with low incomes
or disabilities, or

(ii)   people remaining in work, or obtaining or being able to
obtain more or better-paid work, or

(c)   the extent to which the activity is likely to affect the conduct of
claimants or other people in any other way.

(3)     A pilot scheme may be limited in its application to—

(a)   one or more areas,

(b)   one or more classes of person,

(c)   persons selected—

(i)   by reference to prescribed criteria, or

(ii)   on a sampling basis.

(4)     A pilot scheme may have initial effect for up to three years, and Scottish
Ministers may then by regulations extend the pilot scheme for a further
year.

(5)     A pilot scheme may be replaced by another pilot scheme making the same
or similar provision.

(6)     A pilot scheme may include consequential or transitional provision in
relation to its expiry.”

Clause 65

LORD DUNLOP

79ZE

Page 73, line 20, after “24,” insert “25,”

79ZF

Page 73, line 27, after “24,” insert “25,”

79ZG

Page 73, line 37, after “24,” insert “25,”

Clause 68

LORD HOPE OF CRAIGHEAD

LORD FORSYTH OF DRUMLEAN

79A

Page 74, line 22, leave out paragraph (a)

LORD WALLACE OF TANKERNESS

LORD STEPHEN

79AA

Page 74, line 23, leave out “1, 3, 4, 5 or 6” and insert “3”

79AB

Page 74, line 25, leave out “1, 3, 4, 5 or 6” and insert “3”

LORD HOPE OF CRAIGHEAD

LORD FORSYTH OF DRUMLEAN

79B

Page 74, line 27, leave out subsections (2) and (3)

LORD WALLACE OF TANKERNESS

LORD STEPHEN

79BA

Page 74, line 31, leave out paragraph (c)

79BB

Page 74, line 37, leave out paragraph (e)

LORD HOPE OF CRAIGHEAD

LORD FORSYTH OF DRUMLEAN

79C

Page 74, line 39, leave out from “section” to end of line 40

79D

Page 74, line 43, leave out subsection (6)

79E

Page 75, line 3, leave out subsection (7)

LORD WALLACE OF TANKERNESS

LORD STEPHEN

79EA

Page 75, line 11, leave out paragraphs (c) and (d)

LORD FORSYTH OF DRUMLEAN

 

Lord Forsyth of Drumlean gives notice of his intention to oppose the Question that
Clause 68 stand part of the Bill.

After Clause 68

LORD MCCLUSKEY

79F

Insert the following new Clause—

“The fiscal framework

(1)     Within 30 days of the date on which this Act is passed, the Secretary of State
must publish in full the new fiscal framework agreed between the Scottish
and UK Governments, unless it has already been published by the
Secretary of State.

(2)     Within 30 days of the date on which this Act is passed, the Secretary of State
shall publish as an appendix to the new fiscal framework as published a
full description of any agreement whatsoever reached between the said
Governments relating to the future of the Barnett Formula or its
application, amendment or replacement in the future, including any
agreement as to when any such change is intended to be considered by the
two Governments in the future.

(3)     In this section, “the new fiscal framework” means the agreement between
the said Governments as to the arrangements and institutions intended to
underpin the tax and spending powers included and devolved under this
Act and under the Scotland Acts of 1998 and 2012, including the funding of
the Scottish budget, planning, management and scrutiny of public
revenues and spending, the manner in which the block grant is or may be
adjusted to accommodate further devolution, and the operation of
borrowing powers and cash reserve, fiscal rules, and independent
institutions.”

79G

Insert the following new Clause—

“The Scottish Fiscal Commission

(1)     The Scottish Parliament shall have an express power to expand the
independent scrutiny of Scotland’s public finances.

(2)     The power created by subsection (1) may be exercised by the creation by
the Scottish Parliament of a Scottish Fiscal Commission that is independent
of the Scottish Executive.

(3)     The Scottish Fiscal Commission shall, as far as is possible, be modelled on
the Office for Budget Responsibility.

(4)     The duties and responsibilities of the Scottish Fiscal Commission shall, as
far as is possible, be the same for Scotland as those of the Office for Budget
Responsibility are for the United Kingdom.

(5)     If any person elected as a member of the Scottish Parliament challenges the
independence of any person nominated to be a member of the Scottish
Fiscal Commission, the Lord President of the Court of Session shall
determine whether that person is independent; and shall do so on the basis
of written submissions made to him by any person or body invited by the
Lord President to make representations to him on the matter; and the
ruling of the Lord President on the matter shall be final and not reviewable.

(6)     If the Lord President rules that a person nominated to be a member of the
Scottish Fiscal Commission is not independent, that person shall not be
appointed to be a member of the Commission.

(7)     In this section “independence” means independence from the Scottish
Government and from any political party with representation in the United
Kingdom Parliament or the Scottish Parliament.”

Clause 69

LORD FORSYTH OF DRUMLEAN

79H

Page 75, line 16, at end insert—

“(A1)    None of sections 1 to 68 may come into force until—

(a)   the Secretary of State has laid before each House of Parliament a
fiscal framework setting out the arrangements and institutions
underpinning the tax and spending powers included and devolved
under this Act and under the Scotland Acts 1998 and 2012; and

(b)   the framework has been approved by a resolution of each House of
Parliament.

(A2)     If any of the following provisions of this section would otherwise result in
any of sections 1 to 68 coming into force before the condition in subsection
(A1) is met, the coming into force of that section shall be delayed until the
day that the condition in subsection (A1) is met.”

THE EARL OF KINNOULL

THE EARL OF DUNDEE

80

Page 75, line 17, leave out subsections (1) and (2) and insert—

“(1)     Sections 13 to 68 of this Act shall not come into force until such time as the
relevant Secretary of State has laid before Parliament a statement to the
effect that the Secretary of State is satisfied that the Scottish Government
and any Scottish authorities to which power is devolved under this Act
have the appropriate arrangements in place with which to exercise the
relevant powers devolved under this Act.

(1A)    Each section or subsection to which subsection (1) applies may be the
subject of a statement under subsection (1), which once laid before
Parliament would cause that section or subsection to come into force.

(1B)    The provisions in subsections (3) to (7) are subject to the provision in
subsection (1).

(2)     Sections 1, 69 and 70 come into force on the day on which this Act is
passed.”

LORD MCCLUSKEY

80A

Page 75, line 19, at end insert—

“( )   section (The fiscal framework);”

THE EARL OF KINNOULL

THE EARL OF DUNDEE

81

Page 75, line 23, at end insert—

“( )     Section 34 shall not come into force until such time as the Secretary of State
has laid a report before Parliament which sets out which persons will
initially be nominated by Scottish Ministers under section 90B(1) in Part 5
of the Scotland Act 1998 as Scottish Crown Estate Commissioners, what
arrangements will be put in place to facilitate the transfer of functions to
such persons and what arrangements the Scottish Ministers have made for
the further devolution of the management of Crown Estate assets.”

LORD MCCLUSKEY

81A

Page 75, line 24, leave out “2” and insert “3”

 

Page 75, line 27, at end insert “, or after the Scottish Fiscal Commission has been
created under section (The scottish fiscal commission), whichever is the later date.”

BARONESS HAYTER OF KENTISH TOWN

LORD MCAVOY

82

Page 75, line 32, at end insert—

“( )     Section 50 comes into force at the end of 12 months beginning with the day
on which this Act is passed.”

LORD MCCLUSKEY

82A

Page 75, line 37, leave out “2” and insert “3”

83

[Withdrawn]

 

Prepared 19th February 2016