Section G – Bills

New Bills introduced or reprinted on 28 May 2009

Public Services Reform (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make provision for the purpose of simplifying public bodies, including the transfer and delegation of certain functions, the dissolution of certain bodies and provision in relation to the regulation of officers of court; to enable provision to be made for the purpose of improving the exercise of public functions and for removing and reducing burdens resulting from legislation; to establish Creative Scotland with functions in relation to the arts and culture and industries and other activity the focus of which is the application of creative skills; to establish Social Care and Social Work Improvement Scotland with scrutiny functions in relation to care services and social work services; to establish Healthcare Improvement Scotland with scrutiny and other functions in relation to services provided under the National Health Service and independent health care services; to make provision about the exercise of scrutiny functions by certain bodies, including provision in respect of the involvement of users of scrutinised services, co-operation and joint inspections; to amend Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; to make provision in relation to indemnity insurance for charity trustees; and for connected purposes. (SP Bill 26) (Executive Bill)

Introduced by: John Swinney

Supported by: Michael Russell

Explanatory Notes (and other accompanying documents) (SP Bill 26-EN) and a Policy Memorandum (SP Bill 26-PM) were printed to accompany the Bill.

New amendments to Bills lodged on 28 May 2009

Climate Change (Scotland) Bill – Stage 2Section 19

Des McNulty

187 In section 19, page 9, line 3, after <Ministers’> insert <duty under section 2 and>

Des McNulty

188 In section 19, page 9, line 10, at end insert—

<( ) for the conferral of functions on the advisory body relating to advice on the effectiveness of the Scottish Ministers’ proposals and policies for achieving the interim and 2050 targets;>

Section 20

Des McNulty

189 In section 20, page 9, line 28, at end insert—

<( ) for the conferral of functions on the Committee relating to advice on the effectiveness of the Scottish Ministers’ proposals and policies for achieving the interim and 2050 targets;>

Section 21

Rob Gibson

190 In section 21, page 9, line 38, after <27> insert <and (Reports on programmes for adaptation)>

Rob Gibson

191 In section 21, page 10, line 6, at end insert—

<( ) bringing section (Reports on programmes for adaptation) into effect comes into force, subsection (4) of section (Progress towards implementation of programmes for adaptation) ceases to have effect.>

Section 22

Des McNulty

192 In section 22, page 10, line 13, leave out <appropriate> and insert <consistent with a reduction over time of the net Scottish emissions account which would allow the interim target and the 2050 target to be met>

Des McNulty

193 In section 22, page 10, line 24, at end insert—

<( ) the respective contributions towards meeting the annual targets that should be made by—

(i) energy efficiency;

(ii) energy generation;

(iii) land use;

(iv) transport; >

Des McNulty

194 In section 22, page 10, leave out lines 25 to 27

Liam McArthur

In substitution for amendment 133—

195 In section 22, page 10, line 27, at end insert—

<(d) the proportion of the net Scottish emissions budget for the period 2010-2050 available for electricity generation and in particular as to—

(i) an appropriate total lifetime greenhouse gas budget per megawatt hour of generating capacity;

(ii) appropriate initial levels of greenhouse gas emissions per megawatt hour.

Liam McArthur

196 In section 22, page 10, line 31, at end insert—

<( ) In subsection (3)(d), "net Scottish emissions budget" means the aggregate amount of net Scottish emissions for the period 2010-2050 recommended by the relevant body which is consistent with achieving the targets set by or under Part 1.>

After section 31

Des McNulty

197 After section 31 insert—

<Report on progress towards meeting the interim target

(1) The Scottish Ministers must, no later than 31 December 2015, lay before the Scottish Parliament a report on progress towards meeting the interim target.

(2) The report must, in particular, state the progress that has been made on reducing emissions and indicate whether this progress is consistent with a reduction over time of the net Scottish emissions account which would allow the interim target and the 2050 target to be met.>

Section 36

Cathy Peattie

198 In section 36, page 15, line 27, at end insert—

<(A1) A public body must, in exercising its functions, act—

(a) in the way best calculated to contribute to the delivery of the targets set in or under Part 1 of this Act;

(b) in the way best calculated to help deliver any programme laid before the Scottish Parliament under section 45;

(c) in a way that it considers is most sustainable.

(A2) In this Part, a "public body" means a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002 (asp 13).>

Cathy Peattie

199 In section 36, page 15, line 28, after <make> insert <further>

Cathy Peattie

200 In section 36, page 15, line 30, leave out <("climate change duties").> and insert—

<(1A) The duties imposed by subsection (A1) and any duty imposed by virtue of an order under subsection (1) are referred to in this Act as "climate change duties".>

Cathy Peattie

201 In section 36, page 15, line 31, after <duties> insert <under subsection (A1) or>

Patrick Harvie

202 In section 36, page 16, line 3, at end insert—

<(3A) A draft of a statutory instrument containing the first order under subsection (1) must be laid before the Scottish Parliament within one year of the date that the Bill for this Act was passed by the Scottish Parliament.

(3B) If a draft of the first order is not laid within the period mentioned in subsection (3A), the Scottish Ministers must, as soon as reasonably practicable after the expiry of that period, and in so far as reasonably practicable, make a statement to the Scottish Parliament explaining why the draft was not so laid.>

Section 37

Cathy Peattie

203 In section 37, page 16, line 14, leave out subsection (1) and insert—

<(1) The Scottish Ministers must give guidance to relevant public bodies in relation to climate change duties and those bodies must have regard to such guidance.>

Cathy Peattie

204 In section 37, page 16, line 16, after <must> insert—

<( ) have regard to any advice from the relevant body; and

( )>

Section 38

Cathy Peattie

205 In section 38, page 16, line 26, leave out <may> and insert <must>

Cathy Peattie

206 In section 38, page 16, line 27, after <prepare> insert <annual>

Cathy Peattie

207 In section 38, page 16, line 28, at end insert—

<( ) requiring any relevant public body found, following an investigation under section 40, to be failing to comply with its climate change duties, to prepare a report on the actions it is taking to secure future compliance with those duties;>

John Park

Supported by: Des McNulty, Sarah Boyack

208 In section 38, page 16, line 29, at beginning insert <subject to subsection (1A),>

John Park

Supported by: Des McNulty, Sarah Boyack

209 In section 38, page 16, line 31, at end insert—

<(1A) Reports required by virtue of subsection 1(a) must contain information about the ways in which relevant public bodies have used procurement policies and wider workplace policies to contribute to compliance with their climate change duties.>

Section 40

Cathy Peattie

210 In section 40, page 17, line 13, at end insert—

<( ) In determining whether to carry out an investigation under subsection (1), the monitoring body must have regard to any advice received from the relevant body.>

Section 42

Cathy Peattie

211 In section 42, page 18, line 5, at end insert <and the relevant body>

Cathy Peattie

212 In section 42, page 18, line 5, at end insert—

<( ) The Scottish Ministers must lay the report before the Scottish Parliament.>

After section 44

Alison McInnes

213 After section 44 , insert—

<Chapter

ENVIRONMENTAL ASSESSMENT

Environmental assessment

(1) This section applies where the Scottish Ministers intend to adopt a plan or programme in respect of which an environmental report under section 14(1) of the Environmental Assessment (Scotland) Act 2005 (asp 15) identifies significant greenhouse gas emissions.

(2) Before adopting the plan or programme, the Scottish Ministers must—

(a) request advice from the relevant body (within the meaning of section 5(5)) as to—

(i) whether adoption of the plan or programme is likely to be compatible with achievement of the targets set by, or by virtue of, Part 1;

(ii) if not, what steps can be taken to ensure such compatibility; and

(b) consider and take account of that advice.

(3) Any advice requested under subsection (2)(a) must, after it has been sent to the Scottish Ministers, be published in such manner as the relevant body consider appropriate.

(4) After adopting a plan or programme of the kind mentioned in subsection (1) in respect of which advice has been received under paragraph (a)(ii) of subsection (2), the Scottish Ministers must—

(a) lay the plan or programme before the Scottish Parliament; and

(b) as soon as practicable after doing so, and in so far as reasonably practicable, make a statement to the Scottish Parliament explaining what steps of the kind mentioned in that paragraph will be taken.>

Section 45

Des McNulty

214 In section 45, page 19, line 3, at end insert—

<( ) the arrangements for involving employers, trade unions and other stakeholders in meeting those objectives;

( ) the mechanisms for ensuring public engagement in meeting those objectives;>

Rob Gibson

215 In section 45, page 19, line 10, after <receive> insert <the copy of>

After section 45

Rob Gibson

216 After section 45, insert—

<Reports on progress towards implementation of programmes for adaptation

(1) This section applies where the Scottish Ministers lay a programme under section 45(2) before the Scottish Parliament.

(2) The Scottish Ministers must lay before the Scottish Parliament reports setting out their assessment of the progress made towards implementing the objectives, proposals and policies set out in the programme.

(3) The first report under this section must be laid before the Scottish Parliament no later than the expiry of the period of 12 months beginning with the day on which the programme is laid.

(4) The second and subsequent reports under this section must be laid before the Scottish Parliament no later than the expiry of each subsequent period of 12 months.>

Rob Gibson

217 After section 45, insert—

<Progress towards implementation of programmes for adaptation

(1) This section applies where—

(a) the Scottish Ministers lay a programme under section 45(2) before the Scottish Parliament;

(b) the Secretary of State lays a second or subsequent report under section 56 of the 2008 Act before Parliament.

(2) Where subsection (1)(a) applies, the Scottish Ministers must, before the expiry of the period of 2 years beginning with the day on which the programme is laid, request the relevant body to prepare a report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in that programme.

(3) Where subsection (1)(b) applies, the Scottish Ministers must, as soon as reasonably practicable after they receive the copy of the report laid, request the relevant body to prepare a further report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in the most recent programme laid by the Scottish Ministers under section 45(2).

(4) The Scottish Ministers must, as soon as reasonably practicable after they receive the relevant body’s report under subsection (2) or, as the case may be, further report under subsection (3), lay it before the Scottish Parliament.>

Rob Gibson

218 After section 45, insert—

<Reports on programmes for adaptation

(1) This section applies where—

(a) the Scottish Ministers lay a programme under section 45(2) before the Scottish Parliament;

(b) the Secretary of State lays a second or subsequent report under section 56 of the 2008 Act before Parliament.

(2) Where subsection (1)(a) applies, the advisory body must, before the expiry of the period of 2 years beginning with the day on which the programme is laid, prepare a report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in that programme.

(3) Where subsection (1)(b) applies, the advisory body must, as soon as reasonably practicable after the report is laid, prepare a further report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in the most recent programme laid by the Scottish Ministers under section 45(2).

(4) The advisory body must, as soon as reasonably practicable after preparing a report under subsection (2) or, as the case may be, a further report under subsection (3), lay it before the Scottish Parliament.>

Peter Peacock

Supported by: Des McNulty

219 After section 45, insert—

<Land use strategy

Duty to produce a land use strategy

(1) The Scottish Ministers must, no later than 31 March 2011, lay a land use strategy before the Scottish Parliament.

(2) The strategy must, in particular, set out—

(a) the Scottish Ministers’ objectives in relation to sustainable land use;

(b) their proposals and policies for meeting those objectives; and

(c) the timescales over which those proposals and policies are expected to take effect.

(3) The objectives, proposals and policies referred to in subsection (2) must contribute to—

(a) achievement of the Scottish Ministers’ duties under section 1, 2 or 3(1)(b);

(b) achievement of the Scottish Ministers’ objectives in relation to adaptation to climate change, including those set out in any programme produced by virtue of section 45(2); and

(c) sustainable development.

(4) Before laying the strategy before the Scottish Parliament, the Scottish Ministers must publish a draft strategy and consult with such bodies as they consider appropriate and also with the general public.

(5) The strategy must be accompanied by a report setting out—

(a) the consultation process undertaken in order to comply with subsection (4); and

(b) the ways in which views expressed during that process have been taken account of in finalising the strategy (or stating that no account has been taken of such views).

(6) The Scottish Ministers must, no later than—

(a) five years after laying a strategy before the Scottish Parliament under subsection (1); and

(b) the end of every subsequent period of five years,

lay a revised strategy before the Scottish Parliament; and subsections (2) to (5) apply to a revised strategy as they apply to a strategy laid under subsection (1).>

Section 47

Jim Hume

220 In section 47, page 19, line 36, at end insert—

<( ) An order under subsection (1) must have the effect of contributing to sustainable development.>

Jim Hume

221 In section 47, page 20, line 6, at end insert—

<( ) Any body corporate formed, trust established or person appointed by the Forestry Commissioners by virtue of an order under subsection (1) is a public body or office holder for the purposes of section 1 of the Nature Conservation (Scotland) Act 2004 (asp 6).>

Section 48

Iain Smith (on behalf of the Economy, Energy and Tourism Committee)

222 In section 48, page 20, line 16, leave out from second <the> to end of line 19 and insert—

<( ) promoting energy efficiency; and

( ) improving the energy efficiency of living accommodation,

in Scotland.>

Iain Smith (on behalf of the Economy, Energy and Tourism Committee)

223 In section 48, page 20, line 19, at end insert—

<( ) The plan must set annual energy efficiency targets and describe how those targets are to be reported on.>

Section 50

Liam McArthur

224 In section 50, page 21, line 26, leave out <may> and insert <must>

Liam McArthur

225 In section 50, page 21, line 26, after <assessment> insert <and cost-effective improvement>

Liam McArthur

160A As an amendment to amendment 160, line 2, after <to> insert <cost-effective measures for >

Liam McArthur

226 In section 50, page 22, line 16, at end insert—

<( ) The Scottish Ministers must, within 12 months of this Act receiving Royal Assent, publish a report setting out—

(a) what measures they intend to take to reduce emissions from non-domestic buildings; and

(b) when they intend to make provision as mentioned in paragraphs (ha) and (hb).>

After section 50

Iain Smith (on behalf of the Economy, Energy and Tourism Committee)

227 After section 50, insert—

<Energy performance of living accommodation

Living accommodation: assessment of energy performance and emissions

(1) The Scottish Ministers may, by regulations, make provision relating to the assessment of—

(a) the energy performance of living accommodation;

(b) the emission of greenhouse gases produced by living accommodation.

(2) The regulations may in particular include provision about—

(a) the circumstances in which the regulations apply;

(b) the living accommodation to which the regulations apply;

(c) the persons who may be required to have assessments carried out;

(d) the periods within which such assessments must be carried out;

(e) the procedure and methodology for assessing the energy performance of living accommodation;

(f) the procedure and methodology for assessing the greenhouse gas emissions produced by the living accommodation;

(g) the persons who may carry out such assessments;

(h) the issuing of certificates, following such assessments, including the form, manner and content of such certificates;

(i) subject to subsection (3), the enforcement authority in relation to the regulations;

(j) subject to subsection (4), the functions of that authority;

(k) the keeping of information and its production to the enforcement authority;

(l) the enforcement of the duties imposed by the regulations;

(m) offences in relation to failures to comply with requirements of the regulations.

(3) The enforcement authority provided for in the regulations is to be such person or body as the Scottish Ministers consider appropriate.

(4) The functions of the enforcement authority may include power to levy charges to recover the reasonable costs incurred by it in exercising its functions under the regulations.>

Section 62

Cathy Peattie

228 In section 62, page 30, line 23, at end insert—

<( ) public bodies (as defined in section 36(A2))>

Section 64

Iain Smith (on behalf of the Economy, Energy and Tourism Committee)

229 In section 64, page 31, leave out lines 29 and 30

Section 65

Cathy Peattie

230 In section 65, page 32, line 13, leave out from <means> to end of line 14 and insert <has the meaning given by section 36(1A);>

Cathy Peattie

231 In section 65, page 32, line 29, after <body"> insert <(except in Part 4 and section 62)>

Schedule 2

Iain Smith (on behalf of the Economy, Energy and Tourism Committee)

232 In schedule 2, page 39, leave out lines 24 to 26

Section 67

Rob Gibson

233 In section 67, page 33, line 13, after <27> insert <, (Reports on programmes for adaptation)>

Cathy Peattie

234 In section 67, page 33, line 14, after <day> insert <(in the case of sections 36 to 44, being not later than 18 months after this Act receives Royal Assent)>

Rob Gibson

235 In section 67, page 33, line 15, after <27> insert <and (Reports on programmes for adaptation)>

Long Title

Cathy Peattie

236 In the long title, page 1, line 3, leave out from <confer> to first <to> in line 4 and insert <impose, and confer power on Ministers to further>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

• the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
• the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

A proposal (whether draft or final) may be withdrawn at any time by the member who lodged it under Rule 9.14.16 of the Standing Orders.

The Bills page of the parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Draft Proposal for Members’ Bills

Kenneth Gibson MSP: Proposed Protecting Scotland’s Regional Parks Bill— Proposal for a Bill to restrict industrial development within Scotland’s regional parks (lodged 28 May 2009).

A copy of the consultation document can be found on the Bills page of the Parliament’s website and in SPICe.