Scotland Bill

Second
marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 23rd February 2016, as follows—

Clauses 42 to 64
Clauses 13 to 18
Schedule 1
Clauses 19 to 33
Clauses 65 to 70
Title

[Amendments marked * are new or have been altered]

Clause 42

LORD FAULKNER OF WORCESTER

LORD EMPEY

LORD FORSYTH OF DRUMLEAN

41

Page 46, line 17, at end insert—

“( )     There shall be an agreement between the British Transport Police
Authority and the Scottish Government to ensure that the British Transport
Police continues to police railways and railway property in Scotland.”

LORD FAULKNER OF WORCESTER

LORD EMPEY

LORD FORSYTH OF DRUMLEAN

LORD WALLACE OF TANKERNESS

42

Page 46, line 17, at end insert—

“( )     At the end of section 33(2) of the Railways and Transport Safety Act 2003
(police services agreement), insert “or, if the police services agreement
applies in Scotland, by the Scottish Ministers”.”

Clause 43

LORD MCAVOY

LORD DAVIDSON OF GLEN CLOVA

43

Page 46, line 31, at end insert—

“( )     There shall be a joint board to examine the transfer, implementation and
operation of the powers devolved to the Scottish Parliament under this
section.

( )     The joint board shall be responsible for ensuring full cooperation,
consultation and information-sharing between the United Kingdom
Government, the Scottish Government and relevant stakeholders in
relation to those powers.

( )     The joint board shall publish a report on matters relating to the transfer and
implementation of the powers devolved to the Scottish Parliament under
this section, with particular reference to security issues, every three months
for the first three years from the date on which this Act is passed.”

After Clause 43

LORD EMPEY

THE EARL OF KINNOULL

44

Insert the following new Clause—

“Oversight arrangements for the British Transport Police in Scotland

(1)     The Chief Constable of the British Transport Police (“the Chief Constable”)
shall appear before the Scottish Police Authority Board on request
(including at urgent meetings, with reasonable notice).

(2)     The Chief Constable shall appear before the Justice Committee of the
Scottish Parliament (or any successor Committee fulfilling the functions of
that Committee) on request (including at urgent meetings, with reasonable
notice).

(3)     The Chief Constable shall appear before the Cabinet Secretary for Justice in
the Scottish Government on request, with reasonable notice.

(4)     The Chief Constable shall present a report on the work of the British
Transport Police in Scotland to the Scottish Ministers at least annually.

(5)     The Chief Constable shall present a plan for the work of the British
Transport Police in Scotland to the Scottish Police Authority Board at least
annually, and a report on the work of the British Transport Police in
Scotland to the Scottish Police Authority Board at least annually.

(6)     The Chief Constable shall ensure that British Transport Police personnel
exercising functions in Scotland have undertaken training on the Code of
Ethics for policing in Scotland, and on the disciplinary policy procedures
and operational procedures in place for Police Scotland, and the Chief
Constable shall take that Code and those procedures into account when
exercising his or her functions.”

Clause 45

LORD DUNLOP

45

Page 47, line 17, leave out subsection (5)

46

Page 47, leave out lines 24 to 33 and insert—

“(1A)    The Scottish Ministers may not make regulations under subsection
(1)(e) prescribing model clauses that may be prescribed under
subsection (1B).

(1B)    The Secretary of State may make regulations prescribing model
clauses on the consideration payable for a licence granted by the
Scottish Ministers, and the following so far as they relate to such
consideration—

(a)   the measurement of petroleum obtained from the licenced
area (including the facilitation of such measurement);

(b)   the keeping of accounts;

(c)   cancellation of a licence by the Secretary of State if there has
been a failure to pay consideration or to comply with a
clause on a matter falling within paragraph (a) or (b).

(1C)    Model clauses prescribed under subsection (1B) shall, unless the
Secretary of State thinks fit to modify or exclude them in any
particular case, be incorporated in any licence granted by the
Scottish Ministers.”

After Clause 50

LORD WALLACE OF TANKERNESS

LORD STEPHEN

47

Insert the following new Clause—

“Consents for electricity generating stations and overhead lines

(1)     Section D1 in Part 2 of Schedule 5 to the Scotland Act 1998 (electricity) is
amended as follows.

(2)     For the heading “Exception” substitute—

“Exceptions

Consent for the construction, extension or operation of electricity
generating stations.

Consent to install or keep installed overhead lines.

The grant of any ancillary consent or right including—

(a)   regulation of public rights of navigation in respect of
offshore installations for electricity generation and
transmission;

(b)   establishment of a safety zone in respect of offshore
installations for electricity generation and transmission;

(c)   decommissioning of offshore installations for electricity
generation and transmission;

(d)   compulsory acquisition of land by holders of licences
under Part 1 of the Electricity Act 1989;

(e)   acquisition of wayleaves by holders of licences under Part
1 of the Electricity Act 1989.””

48

[Withdrawn]

49

[Withdrawn]

50

[Withdrawn]

51

[Withdrawn]

52

[Withdrawn]

53

[Withdrawn]

54

[Withdrawn]

Clause 58

LORD WALLACE OF TANKERNESS

LORD STEPHEN

54A*

Page 68, leave out lines 1 to 3

After Clause 58

LORD WALLACE OF TANKERNESS

LORD STEPHEN

55

Insert the following new Clause—

“Ofgem’s Energy Strategy and Policy Statement

In section 131 of the Energy Act 2013 (strategy and policy statement), at the
end of subsection (3) insert “after consultation with the Scottish
Ministers”.”

56

Insert the following new Clause—

“Renewable energy

Within three months of the passing of this Act, the Secretary of State shall
publish proposals to transfer to the Scottish Ministers powers on the
awarding of contracts under Contracts for Difference and the setting of
electricity feed-in tariffs in respect of electricity generation from renewable
sources in Scotland.”

Clause 13

LORD DUNLOP

LORD HIGGINS

56A*

Page 16, line 14, at end insert—

“(17)    Regulations under this section must be made by statutory instrument.”

Clause 15

LORD HIGGINS

56B*

Page 18, line 29, leave out subsection (8)

56C*

Page 18, line 35, leave out subsection (9)

56D*

Page 18, line 43, leave out from “section” to “may” in line 44

56E*

Page 19, line 3, leave out subsection (13)

After Schedule 1

LORD MCAVOY

LORD MCFALL OF ALCLUITH

56F*

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.”

Clause 19

LORD HIGGINS

56G*

Page 21, line 39, leave out paragraph (b)

56H*

Page 22, line 2, leave out from “section” to “may” in line 3

56J*

Page 22, line 6, leave out subsection (7)

After Clause 19

LORD DUNLOP

56K*

Insert the following new Clause—

“Borrowing

(1)     The Scotland Act 1998 is amended as follows.

(2)     Section 66(1) (borrowing by the Scottish Ministers from the Secretary of
State) is amended as follows.

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

(4)     In paragraph (c)—

(a)   after “devolved taxes,” omit “or”;

(b)   after “Scottish rate resolution,” insert “or from amounts payable
under section 64A,”.

(5)     After paragraph (c) insert—

“(d)   any sums which in accordance with rules determined by the
Treasury are required by them to meet current expenditure
because of an excess of welfare payments over forecast
welfare payments, and

(e)   any sums which in accordance with rules made by the
Treasury are required by them to meet current expenditure
because of a Scotland-specific negative economic shock.”

(6)     After that subsection insert—

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

(a)   payments under any provision relating to matters within
exceptions 1 to 10 in Section F1 of Part 2 of Schedule 5 or
exception 1 in Section H3 of that Part, and

(b)   payments attributable to regulations made by the Scottish
Ministers by virtue of section 27 or 28 of the Scotland Act
2016 (powers in relation to universal credit).”

(7)     In section 67(2) and (3A) (lending under section 66(1)) for “£500 million”
substitute “£1.75 billion”.

(8)     In section 67A (lending for capital expenditure) in subsections (1) and (3)
for “£2.2 billion” substitute “£3 billion”.

(9)     The Treasury may by regulations make transitional or saving provision in
connection with the coming into force of the amendments made by this
section.

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

(11)     A statutory instrument containing regulations under subsection (9), if
made without a draft having been approved by a resolution of the House
of Commons, is subject to annulment in pursuance of a resolution of the
House of Commons.”

56L*

Insert the following new Clause—

“Provision of information to the Office for Budget Responsibility

(1)     The Scotland Act 1998 is amended as follows.

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

“96A          Provision of information to the Office for Budget Responsibility

(1)     The Office for Budget Responsibility has a right of access at any
reasonable time to all Scottish public finances information which it
may reasonably require for the purpose of the performance of its
duty under section 4 of the Budget Responsibility and National
Audit Act 2011 (duty to examine and report on the sustainability of
the public finances).

(2)     The Office is entitled to require from any person holding or
accountable for any Scottish public finances information any
assistance or explanation which the Office reasonably thinks
necessary for that purpose.

(3)     “Scottish public finances information” means information held by
the Scottish Ministers or by any Scottish public authority specified
in regulations made by the Secretary of State.

(4)     This section is subject to any enactment or rule of law which
operates to prohibit or restrict the disclosure of information or the
giving of any assistance or explanation.”

(3)     In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2)
insert at the appropriate place—

  “Section 96A Type C”.”

LORD KERR OF KINLOCHARD

57

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 MCAVOY

LORD MCFALL OF ALCLUITH

57A*

Insert the following new Clause—

“Non-budget expenditure and the Scottish Consolidated Fund

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 and that financial year.”

After Clause 28

LORD MCAVOY

LORD MCFALL OF ALCLUITH

57B*

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 cooperation, 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 KIRKWOOD OF KIRKHOPE

58

Page 30, line 19, leave out “claiming reserved benefits”

59

Page 30, line 21, leave out from “employment” to end

Before Clause 65

LORD KIRKWOOD OF KIRKHOPE

60

Insert the following new Clause—

“Consolidation of the Scotland Act 1998

Within six months of the passing of this Act, the Secretary of State must lay
before each House of Parliament a draft Bill to consolidate the Scotland Act
1998, incorporating all the changes that have been made to the 1998 Act by
subsequent legislation including by this Act.”

Clause 68

LORD HOPE OF CRAIGHEAD

LORD HIGGINS

LORD WALLACE OF TANKERNESS

LORD STEPHEN

61

Page 74, line 32, leave out “1, 3, 4, 5 or 6” and insert “3”

LORD WALLACE OF TANKERNESS

LORD STEPHEN

61A*

Page 74, line 34, leave out “1, 3, 4, 5 or 6” and insert “3”

LORD HOPE OF CRAIGHEAD

LORD HIGGINS

62

Page 74, line 36, leave out subsection (2)

LORD DUNLOP

62A*

Page 74, line 37, leave out “(whenever passed or made)”

LORD WALLACE OF TANKERNESS

LORD STEPHEN

62B*

Page 74, line 40, leave out paragraph (c)

LORD DUNLOP

62C*

Page 74, line 40, at end insert—

“( )     For the purposes of making provision in connection with, or with the
coming into force of, a provision of Part 3, subsection (2) applies to an
enactment, instrument or document whenever passed or made.

( )     Otherwise, subsection (2) applies to—

(a)   an Act of Parliament passed before or in the same session as this
Act;

(b)   an Act of the Scottish Parliament passed, or an instrument or
document made, before the end of the session in which this Act is
passed.”

LORD WALLACE OF TANKERNESS

LORD STEPHEN

62D*

Page 75, line 3, leave out paragraph (e)

LORD HOPE OF CRAIGHEAD

LORD HIGGINS

63

Page 75, line 5, leave out subsection (5)

64

Page 75, line 9, leave out “Any other” and insert “A”

65

Page 75, line 13, leave out subsection (7)

LORD DUNLOP

65A*

Page 75, line 14, after ““enactment”” insert “— (a)”

65B*

Page 75, line 14, after “Parliament,” insert “and

(b)   for the purposes of making provision in connection with, or
with the coming into force of, a provision of Part 3, also
includes”

LORD WALLACE OF TANKERNESS

LORD STEPHEN

65C*

Page 75, line 14, leave out from “Parliament” to end of line 15

65D*

Page 75, line 21, leave out paragraphs (c) and (d)

After Clause 68

LORD MCCLUSKEY

66

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.”

67

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 Government.

(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 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 or her by any person or body invited
by the Lord President to make representations to him or her 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

68

Page 75, line 26, 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.”

LORD MCCLUSKEY

69

Page 75, line 29, at end insert—

“( )   section (The fiscal framework);”

70

Page 75, line 34, leave out “2 months” and insert “3 months”

71

Page 75, line 37, at end insert “, or after the Scottish Fiscal Commission has been
created under section (The Scottish Fiscal Commission), whichever is the later date”

LORD DUNLOP

71A*

Page 75, line 37, at end insert—

“( )   sections 3 to 12;”

71B*

Page 75, line 43, leave out “Section 64 comes” and insert “Sections (Borrowing) and 64 come”

71C*

Page 75, line 43, leave out “Section 64 comes” and insert “Sections (Provision of
information to the Office for Budget Responsibility
) and 64 come”

LORD MCCLUSKEY

72

Page 76, line 3, leave out “2 months” and insert “3 months”

 

Prepared 26th February 2016