Session 2010 - 11
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1641

House of Commons

Notices of Amendments

given on

Tuesday 15 March 2011

Consideration of Bill

---

Scotland Bill, As Amended

Mr Frank Field

1

Page  28,  line  35  [Clause  39],  leave out from beginning to end of line 2 on page 29

and insert—

‘(2A)

Subject also to the provision made in sections 26(1) to (6), 27, 28, 29, 30 and 31

as to how those sections are to have effect, Part 3 shall come into force at the end

of the period of two months after the new funding formula referred to in

subsection (2) of section [Funding formula for Scottish Government] has been

approved by resolution of the House of Commons.’.

Funding formula for Scottish Government

Mr Frank Field

NC1

To move the following Clause:—

‘(1)	Within six months of the day on which this Act is passed, the Chancellor of the

Exchequer shall lay before the House a report on the formula for allocating funds

from the Consolidated Fund to the Scottish Government, and on alternative ways

of calculating the sums to be paid.

(2)	Within six weeks of laying the report referred to in subsection (1) above, the

Chancellor of the Exchequer shall lay before the House proposals for a new

funding formula which would leave the four nations of the UK with a per capita

spending figure of no more than ±5% of each other.”.

Edward Miliband

Ann McKechin

Tom Greatrex

2

Page  29,  line  2  [Clause  39],  at end insert ‘except new subsections (1A) and (1B) of

section 66 of the 1998 Act, inserted by section 32(3), and subsection (9) and (10), which

shall come into force on 1 April 2012’.

Notices of Amendments: 15 March 2011

1642

Scotland Bill, continued

Edward Miliband

Ann McKechin

Tom Greatrex

3

Page  13,  line  18  [Clause  20],  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).”’.

Edward Miliband

Ann McKechin

Tom Greatrex

4

Page  13,  line  18  [Clause  20],  at end insert—

‘(7C)

Section 89 of the Road Transport Act 1988 (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).”’.

Edward Miliband

Ann McKechin

Tom Greatrex

5

Page  13,  line  25  [Clause  20],  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.’.

Edward Miliband

Ann McKechin

Tom Greatrex

6

Page  15,  line  17  [Clause  21],  at end insert—

‘(15A)

Section 38 (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 Regulation

Act 1984.”’.

Edward Miliband

Ann McKechin

Tom Greatrex

7

Page  15,  line  17  [Clause  21],  at end insert—

Notices of Amendments: 15 March 2011

1643

Scotland Bill, continued

‘(15C)

Section 89 of the Road Transport 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.”’.

Food labelling

Edward Miliband

Ann McKechin

Tom Greatrex

NC2

To move the following Clause:—

‘In Part 2 of Schedule 5 to the Scotland Act 1998 (reserved matters: specific

reservation), at the end of section C8 to add the words “but this exception does

not permit the Scottish Parliament to legislate on food labelling of foodstuffs that

are placed for sale within Scotland.’.

Scottish Charity Register

Edward Miliband

Ann McKechin

Tom Greatrex

NC3

To move the following Clause:—

‘(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.”’.

Edward Miliband

Ann McKechin

Tom Greatrex

8

Page  11,  line  18  [Clause  18],  leave out ‘Scottish Crown Estate Commissioner’ and

insert ‘Crown Estate Commissioner for Scotland’.

Notices of Amendments: 15 March 2011

1644

Scotland Bill, continued

Edward Miliband

Ann McKechin

Tom Greatrex

9

Page  11,  line  23  [Clause  18],  leave out ‘Scottish Crown Estate Commissioner’ and

insert ‘Crown Estate Commissioner for Scotland’.

Edward Miliband

Ann McKechin

Tom Greatrex

10

Page  11,  line  24  [Clause  18],  leave out from first ‘the’ to end of line 25 and insert

‘Scottish Ministers with the agreement of the Chancellor of the Exchequer’.

Edward Miliband

Ann McKechin

Tom Greatrex

11

Page  11,  line  19  [Clause  18],  leave out from ‘who’ to end of line 21 and insert—

‘(a)	is qualified in or has expertise in land management in Scotland or the law

of Scotland; and

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

Edward Miliband

Ann McKechin

Tom Greatrex

12

Page  5,  line  12  [Clause  6],  at end insert—

‘(1A)

In section 31(1) of the 1998 Act at end add—

“(1A)

A person promoting an amendment to a bill in the Scottish Parliament

shall on or before the lodging of the amendment state that, in his opinion,

the bill if amended in accordance with the amendment would be within

the legislative competence of the Parliament”.

(1B)	In section 31(2) of the 1998 Act at end add “and state the reasons for his view”.’.

Crown Estates

Mr Angus Brendan MacNeil

Pete Wishart

Stewart Hosie

Angus Robertson

Mr Mike Weir

Dr Eilidh Whiteford

NC4

To move the following Clause:—

‘(1)	In Part 1 of Schedule 5 of the Scotland Act 1998 paragraphs 2(3) and 3(3)(a) will

be omitted.

Notices of Amendments: 15 March 2011

1645

Scotland Bill, continued

(2)	The Crown Estate will be treated as a cross-border public authority for the

purposes of sections 88 to 90 of the Scotland Act 1998.

(3)	In section 1(4) of the Crown Estate Act 1961, for “Secretary of State” wherever

it appears substitute “Scottish Minister”.’.

Mr Secretary Moore

13

Page  2,  line  43  [Clause  1],  at end insert—

‘(5)	Before making regulations under this section the Secretary of State must

consult the Scottish Ministers.”’.

Mr Secretary Moore

14

Page  3,  line  12  [Clause  2],  at end insert—

‘( )	After subsection (3) insert—

“(3A)

But subsection (2) does not confer power on a returning officer to

determine that a Scottish Parliamentary election and a local government

election in Scotland are to be taken together.”

( )	After subsection (5A) insert—

“(5B)

Before making provision under subsection (5) in connection with the

combination of polls where one of the elections is a Scottish

Parliamentary election or a local government election in Scotland, the

Secretary of State must consult the Scottish Ministers.”’.

Mr Secretary Moore

15

Page  25,  line  8  [Clause  32],  after ‘taxes’, insert ‘, or from income tax charged by

virtue of a Scottish rate resolution,’.

Definition of Scottish taxpayer for Scottish variable rate

Mr Secretary Moore

NC5

To move the following Clause:—

‘(1)	In Part 4 of the 1998 Act (power to vary income tax rate), for subsections (1) to

(6) of section 75 (Scottish taxpayers) substitute—

“	Sections 80D to 80F (definition of Scottish taxpayer) apply for the

purposes of this Part.”

(2)	This section ceases to have effect at the end of the last year for which Part 4 has

effect (see section 26(2) and (4)).’.

Scottish Ministers to exercise functions relating to Seirbheis nam Meadhanan Gàidhlig

Mr Secretary Moore

nc 6

To move the following Clause:—

‘(1)	The Broadcasting Act 1990 is amended as follows.

Notices of Amendments: 15 March 2011

1646

Scotland Bill, continued

(2)	In section 183 (financing of programmes in Gaelic out of Gaelic Television Fund)

for subsection (1) substitute—

“(1)	The Scottish Ministers must, for each financial year, pay to OFCOM such

amount as they may determine to be appropriate for the purposes of this

section.”

(3)	Omit subsection (8) of that section.

(4)	Section 183A (membership of the Gaelic Media Service) is amended as follows.

(5)	In subsection (4) after “the Secretary of State” insert “and the Scottish Ministers”.

(6)	In subsection (6)(b) after “the Secretary of State” insert “with the agreement of

the Scottish Ministers”.

(7)	In Schedule 19 (Gaelic Media Service: supplementary provisions), paragraph 12

(annual reports) is amended as follows.

(8)	In sub-paragraph (3) for the words from “the Secretary of State” to the end

substitute—

“(a)	the Secretary of State, who must lay copies of it before each

House of Parliament, and

(b)	the Scottish Ministers, who must lay a copy of it before the

Scottish Parliament.”

(9)	Sub-paragraph (4) is omitted.

(10)	In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.)

Order 1999 (S.I. 1999/1750)—

(a)	in Schedule 1 (functions transferred to the Scottish Ministers), omit the

entry relating to section 183 of the Broadcasting Act 1990;

(b)	in Schedule 2 (functions made exercisable concurrently), omit the

reference to paragraph 12(3) of Schedule 19 to that Act;

(c)	in Schedule 5 (modification of enactments), omit paragraph 10(4).’.

© Parliamentary copyright	Revised 16 March 2011