House of Commons
Notices of Amendments
Tuesday 15 March 2011
Public Bill Committee
Scotland Bill
The Amendments have been arranged in accordance with the Order of the House [27 January].
Abolition of regional members of Scottish Parliament
- John Robertson
- Mr Michael McCann
- Mr Brian H. Donohoe
- Mr Jim Cunningham
- Jim McGovern
- Michael Connarty
NC1
(1) The Scotland Act 1998 is amended as follows.
(2) In section 1—
(a) in subsection (2) “Two members” is substituted for “One member”; and at the end there is inserted “save for those identified in paragraph 1(a) to (c) of Schedule 1, each of which shall return one member,”;
(b) subsection (3) is omitted.
(3) In section 5, subsections (1) and (3) to (9) are omitted.
(4) Sections 6, 7, 8 and 10 are omitted.
(5) In section 11, subsection (2) is substituted by—
“(2) A person is not entitled to vote as an elector in more than one constituency at a general election, and may cast no more than two votes at a poll for the return of constituency members.”.
(6) In section 12—
(a) in subsection (2), paragraphs (e) and (f) are omitted;
(b) subsection (3) is omitted;
(c) after subsection (4) the following subsection is inserted—
“(4A) The provision to be made under subsection (1) must include provision for—
(a) each elector to cast one or two votes of equal value, with no more than one vote to be given to any one candidate, in constituencies returning two members;
(b) the two candidates with the most valid votes to be elected in such constituencies.”.
(7) In Schedule 1—
(a) for paragraph 1 there is substituted—
“(1) The constituencies are—
(a) the Orkney Islands,
(b) the Shetland Islands
(c) the Western Isles [Na h-Eileanan An Iar], and
(d) the parliamentary constituencies in Scotland at the time of an ordinary or extraordinary general election for the Scottish Parliament, except the constituencies of Orkney and Shetland and Na h-Eileanan An Iar”;
(b) paragraphs 3 to 14 are omitted.’.
Regional members of the Scottish Parliament
- John Robertson
- Mr Michael McCann
- Mr Brian H. Donohoe
- Jim McGovern
- Mr Jim Cunningham
- Michael Connarty
NC2
(1) The Scotland Act 1998 is amended as follows.
(2) In section 81, after subsection (2), there is inserted—
“(2A) No provision shall be made under subsection (2) for any allowances for representative work in any constituency or region by a regional member in a registered political party or a group of such regional members; and no allowances may be made for offices or staff or related expenses incurred by such members other than in connection with or at the Parliament’s place of meeting or in connection with a committee meeting.
(2B) Any allowances paid to regional members in a registered political party shall be founded on the assumption that they are representatives of that party from the relevant region and not from any single constituency.”.
(3) In Schedule 3, after paragraph 2 , there is inserted—
2A The standing orders shall include provision for withdrawing from a regional member in a registered political party any or all of his rights and privileges as a member, including any allowances, if he is found to have purported to act, or has held himself out, as a constituency member for any single constituency or for a group of constituencies other than the region from which he was elected.”’.
Maritime policy
NC3
(1) The Scotland Act 1998 is amended as follows.
(2) In Schedule 5, section E3, leave out—
“(a) the Coastguard Act 1925”.
(3) After section 90 insert section 90A as follows—
“Maritime and Coastguard Agency (Scotland)
90A
(1) The Maritime and Coastguard Agency is to be treated as a Cross-Border Public Authority for the purposes of sections 88 to 90.
(2) The funding, operation and planning authority of Maritime and Coastguard Agency facilities in Scotland shall reside with the Scottish Government and the appropriate Scottish Minister.
(3) These parts of the Maritime and Coastguard Agency which are the responsibility of Scottish Government shall be known as the Maritime and Coastguard Agency (Scotland).
(4) The Maritime and Coastguard Agency (Scotland) will be responsible for maintaining and upholding domestic and international laws and obligations in the Scottish Waters.
(5) For the purposes of this section, the Scottish Waters are as defined by the Scottish Adjacent Waters Boundary Order 1999.”.’.
Economic incentives for the Scottish maritime industry
NC4
(1) The Scotland Act 1998 is amended as follows.
(2) In Schedule 5, section E3, the words “Financial assistance for shipping services which start or finish or both outside Scotland” are replaced with “Financial assistance for shipping services which both start and finish outside Scotland.”.’.
Administration of elections
- Stewart Hosie
- Angus Robertson
- Pete Wishart
- Mr Angus Brendan MacNeil
- Dr Eilidh Whiteford
- Mr Mike Weir
NC5
(1) In Part 1 of Schedule 4 to the Act (enactments protected from modification by the Parliament), in paragraph 4(2) after “1(4)”, there is inserted “12”.
(2) In Part 2 of Schedule 5 to the Act (reserved matters: specific reservations), in Section B3 (elections) the words “the European Parliament and the Parliament” are omitted and the words “and the European Parliament” are inserted.’.
Speed limits
- Stewart Hosie
- Angus Robertson
- Pete Wishart
- Mr Angus Brendan MacNeil
- Dr Eilidh Whiteford
- Mr Mike Weir
NC6
‘In Part 2 of Schedule 5 to the Act, in section E1(c),
(a) the words “section 17 (traffic regulation on special roads)” are omitted, and
(b) the words “Part V (traffic signs) and Part VI (speed limits)” are omitted and the words “and Part V (traffic signs), except traffic signs for speed limits,” are inserted.’.
Timing of the Scottish Parliamentary general election
- Edward Miliband
- Ann McKechin
- Tom Greatrex
NC7
(1) Section 2 of the 1998 Act is amended as follows.
(2) At the end of subsection (2) there is inserted “or unless the poll is advanced or delayed as a result of the operation of subsection (6A) below”.
(3) At the end there is added the following new subsection—
“(6A) If the poll to be held under subsection (2) or subsection (5) above is in the same calendar year as an early parliamentary general election under section 2 of the Fixed-term Parliaments Act 2011, 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 subsection (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.”’.
Duty on fuel
- Stewart Hosie
- Angus Robertson
- Pete Wishart
- Dr Eilidh Whiteford
- Mr Angus Brendan MacNeil
- Mr Mike Weir
NC8
‘In Part 4A (as inserted by section 24), after Chapter 4 insert—“Chapter 8 Duty on Fuel
80O Duty on fuel
The Secretary of State shall, within one month of the coming into force of section 80B of this Act, lay in accordance with Type A procedure as set out in Schedule 7 to this Act a draft Order in Council which specifies as an additional devolved tax a duty on fuel.”.’.
Rail passenger services
- Thomas Docherty
- Katy Clark
- Mrs Linda Riordan
NC9
‘In Part 2 of Schedule 5 to the Act, in section E2, after “Exceptions” there is inserted—
“The provision of rail passenger services which start and finish in Scotland, including the power to decide who will run such services, the provisions of the Railways Act 1993 notwithstanding.”.’.
Crown Estate
- Mr Angus Brendan MacNeil
- Pete Wishart
- Stewart Hosie
- Angus Robertson
- Mr Mike Weir
- Dr Eilidh Whiteford
NC10
(1) In Part 1 of Schedule 5 to the 1998 Act, paragraphs 2(3) and 3(3)(a) are omitted.
(2) The Crown Estate is to be treated as a cross-border public authority for the purposes of sections 88 to 90 of the 1998 Act.
(3) In section 1(4) of the Crown Estate Act 1961, for “Secretary of State” wherever it appears, substitute “Scottish Ministers”.’.
Time
NC11
‘In Schedule 5, section L, subsection L5 of the 1998 Act the words “, time zones and the subject matter of the Summer Time Act 1972.” are deleted.’.
Scottish maritime boundaries
NC12
(1) In section 126(2) of the 1998 Act, after “Council”, insert “and with the Consent of the Scottish Parliament”.
(2) At the end of section 126(2) insert “A boundary order shall be issued in 2012.”.’.
Report to Parliament
- David Mowat
- Graham Evans
- Stephen Mosley
- Mark Reckless
- Bob Stewart
- Paul Uppal
- Robert Halfon
NC13
(1) The Chancellor of the Exchequer shall, as part of the next Spending Review, lay before the House a new formula for allocating funds to the devolved institutions of Scotland, Wales and Northern Ireland via the block grant. The new formula shall allocate to each devolved institution an annual sum that is relative to both the level of need and the relative population of each country.
(2) The Chief Secretary to the Treasury shall, as part of every Spending Review thereafter, produce an assessment of how well the formula for allocation reflects relative need and population and shall report to the House his findings and any adjustments to the weightings he considers necessary to ensure that the formula continues to reflect both relative need and population.’.
Fiscal and economic responsibility
- Mr Stewart Hosie
- Mr Angus Robertson
- Pete Wishart
- Mr Angus Brendan MacNeil
- Dr Eilidh Whiteford
- Mr Mike Weir
NC14
‘In Part 2 of Schedule 5 to the Scotland Act 1998, in Section A1, the words “fiscal economic” and “taxes and excise duties” are omitted.’.
Scottish tax on quarrying or mining
- Stewart Hosie
- Angus Robertson
- Pete Wishart
- Mr Angus Brendan MacNeill
- Dr Eilidh Whiteford
- Mr Mike Weir
NC15
‘In Part 4A of the 1998 Act (as inserted by section 24), after Chapter 4 (inserted by section 30) insert—Tax on quarrying or mining
80L Tax on quarrying or mining
The Secretary of State shall, within one month of the coming into force of section 80B of this Act, lay in accordance with Type A procedure as set out in Schedule 7 to this Act, a draft Order in Council which specifies as an additional devolved tax a tax charged on quarrying or mining.”.’.
Scottish tax on air travel
- Stewart Hosie
- Angus Robertson
- Pete Wishart
- Mr Angus Brendan MacNeill
- Dr Eilidh Whiteford
- Mr Mike Weir
NC16
‘In Part 4A of the 1998 Act (as inserted by section 24), after Chapter 4 (inserted by section 30) insert—Tax on air travel
80M Tax on air travel
The Secretary of State shall, within one month of the coming into force of section 80B of this Act, lay in accordance with Type A procedure as set out in Schedule 7 to this Act, a draft Order in Council which specifies as an additional devolved tax a tax charged on air travel.”.’.
Scottish corporation tax
- Stewart Hosie
- Angus Robertson
- Pete Wishart
- Mr Angus Brendan MacNeill
- Dr Eilidh Whiteford
- Mr Mike Weir
NC17
‘In Part 4A of the 1998 Act (as inserted by section 24), after Chapter 4 (inserted by section 30) insert—Tax on profits of companies
80N Tax on profits of companies
The Secretary of State shall, within one month of the coming into force of section 80B of this Act, lay in accordance with Type A procedure as set out in Schedule 7 to this Act, a draft Order in Council which specifies as an additional devolved tax a tax charged on the profits of companies.”.’.
Regulation of food labelling and content
- Edward Miliband
- Ann McKechin
- Tom Greatrex
NC19
‘In Part 2 of Schedule 5 to the Scotland Act 1998 (reserved matters: specific reservations), at the end of section C8 to add the words “but this exception does not permit the Scottish Parliament to legislate on food content or labelling of foodstuffs that are placed for sale within Scotland”.’.
Charities
- Edward Miliband
- Ann McKechin
- Tom Greatrex
NC20
(1) The Charities and Trustee Investment (Scotland) Act 2005 (asp 10) is amended as follows.
(2) In Chapter 2 (Scottish Charity Register) after section 14 the following section is added—
14A Notwithstanding sections 13 and 14 above, a body which is not entered in the Register may refer to itself as a “charity”, a “charitable body” or a “registered charity” if it appears on the register maintained and regulated by the Charities Commission in England and Wales or any other body that supersedes the Charities Commission’s registration and regulatory functions, and will be exempt from the registry and regulatory requirements of the Office of the Scottish Charity Regulator”.’.
Order of the House [27 JANUARY 2011]
That the following provisions shall apply to the Scotland Bill:
Committal
The Bill shall be committed to a Committee of the whole House.
Proceedings in Committee
Proceedings in Committee of the whole House shall be completed in three days.
The proceedings shall be taken on the days shown in the first column of the following Table and in the order so shown.
The proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.
TABLE
| Proceedings |
Time for conclusion of proceedings |
|
First day
|
|
| Clauses 1 to 9, Schedule 1, Clauses 10 to 12, Schedule 2, Clauses 13 to 23. |
The moment of interruption on the first day. |
|
Second and third days
|
|
| Clauses 24 to 26, Schedule 3, Clauses 27 to 29, Schedule 4, Clauses 30 and 31, Schedule 5, Clauses 32 to 39, new Clauses, new Schedules, remaining proceedings on the Bill. |
The moment of interruption on the third day. |
Standing Order No. 83B (Programming committees) shall not apply to proceedings on the Bill in Committee of the whole House.
Consideration and Third Reading
Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which those proceedings are commenced, or one hour after they are commenced, whichever is the earlier.
Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.
