Summary of Bills Passed
Summaries of Bills Passed by the Scottish Parliament in the First Session
Introduction
This page provides individual summaries of all bills passed by the Scottish Parliament in its first Session, 1999-2003. The summaries contain information on the intentions of each bill and the considerations each underwent during its passage through Parliament.
In total, 62 bills were passed by the Parliament. Of these, 50 were Executive Bills (including 4 Budget Bills), 8 were Member's Bills, 3 were Committee Bills and 1 was a Private Bill.
For ease of reference, the Bill summaries are presented in alphabetical order.
Contents
Mental Health (Public Safety and Appeals)(Scotland) Bill
Introduced: 31 August 1999 [SP Bill 1]
Introduced by: Jim Wallace (Executive Bill)
Passed: 8 September 1999
Royal Assent: 13 Sept 1999
1999 asp 1
The Mental Health (Public Safety and Appeals)(Scotland) Bill was the first bill to be passed by the Scottish Parliament. It was enacted as The Mental Health (Public Safety and Appeals)(Scotland) Act 1999.
Following introduction, a motion (S1M-109 by Jim Wallace) that the Bill be treated as an Emergency Bill was agreed to by the Parliament. Stage 1 of the Bill was agreed on 2 September 1999, following agreement on Motion S1M-115. This was followed in the same session by a motion on procedures for Stages 2 and 3 of the bill. Agreement on this motion (S1M-111) suspended Rules 9.7.8 and 9.7.9 of Standing Orders and directed that any vote to be taken during Stage 2 of the Bill in the Committee of the Whole Parliament would be conducted using the electronic voting system. Stages 2 and 3 were therefore debated on 8 September 1999. The bill was passed without division.
The reason for the invocation of emergency procedure was the Sheriff court decision in Noel Ruddle v The Secretary of State for Scotland on 2 August 1999. The court held that where the 'treatability test' in section 17(1)(a)(i) of the Mental Health Act 1984 is not satisfied, the detainee is entitled to discharge. This was the case even although Noel Ruddle suffered from a personality disorder manifested by abnormally aggressive or seriously irresponsible conduct. Section 17(1) justifies detention only if a person's mental disorder renders medical treatment appropriate and medical treatment is likely to alleviate or prevent a deterioration of the condition. This was not satisfied in Ruddle's case.
The Mental Health (Public Safety and Appeals)(Scotland) Bill was introduced in order to close this gap in the Mental Health (Scotland) Act 1984. It amends the 1984 Act in respect of the grounds for refusing discharge of restricted patients, appeals to decisions of the sheriff in such cases and the definition of mental disorder.
The Act has three main aims, all of which constitute interim measures until the passing of a new Mental Health (Scotland) Act. [Note - the Mental Health (Care and Treatment) (Scotland) Bill will be that new Act, and contains a repeal of the 1999 Act.]
1. To make public safety an independent ground for refusing to discharge restricted patients. One objective of section 1(1) of the Bill is to amend s64 of the 1984 Act to ensure that a person can be detained in a mental hospital only if it can be proved that their release would threaten public safety. Scottish Ministers bear that burden of proof.
2. To introduce the right of appeal against a sheriff's decision in such cases. Section 2 introduced this right of appeal to the Court of Session.
3. To include personality disorder in the definition of mental disorder, which was achieved by section 3.
Public Finance and Accountability (Scotland) Bill
Introduced: 7 September 1999 [SP Bill 2]
Introduced by: Jack McConnell (Executive Bill)
Passed: 1 December 1999
Royal Assent: 17 January 2000
2000 asp 1
It was thought that the Public Finance and Accountability (Scotland) Bill would be the first piece of primary legislation to be passed by the Scottish Parliament. In the event, however, a piece of emergency legislation, the Mental Health (Public Safety and Appeals)(Scotland) Bill, was given this distinction. In introducing the Scottish Executive's first legislative programme, then First Minister Donald Dewar MSP stated that the Bill
"will go to the heart of the relationship between the Parliament and the Executive, putting in place the framework for the Parliament's scrutiny of the Executive's proposals, particularly on the allocation of public expenditure."
The Bill essentially puts in place the processes for authorising the use of public funds and holding to account those with responsibility for spending decisions. The first part of the Bill sets out the framework for the budget scrutiny and approval process, whilst the second part relates to establishing new audit arrangements for Scotland. This includes the creation of a new audit body for Scotland - Audit Scotland.
Preparation work began in earnest in February 1998, when the Financial Issues Advisory Group (FIAG) was set up. Amongst the Group's 82 recommendations were those on the following:
· Terminology -use plain English, and standard accountancy terms
· Budgetary procedures - involving greater scrutiny by the Parliament
· Accounting Arrangements - e.g. "resource accounting and budgeting" Accountability - clear lines of accountability through a system of "accountable officers", explicit rights of access to financial information
· Audit Arrangements - need for a streamlining of audit functions.
While, the Bill was generally viewed as technical and was widely supported in principle, there were nevertheless a number of issues that were highlighted in debate. These included the potential effectiveness of the Parliament in scrutinising budget proposals, long term versus short term budgeting, the development of performance indicators, and the audit arrangements for various parts of the public sector including local government
Budget (Scotland) Bill
Introduced: 21 January 2000 [SP Bill 7]
Introduced by: Jack McConnell (Executive Bill)
Passed: 10 February 2000
Royal Assent: 20 March 2000
2000 asp 2
The Scottish budget process and the Parliament's involvement with it were determined on the basis of the recommendations of the Financial Issues Advisory Group (FIAG). FIAG was set up in February 1998 to recommend the rules and procedures for the handling of financial issues by the Scottish Parliament. The stated objective of FIAG, in line with the general direction of the Consultative Steering Group, was that the budget process of the Scottish Parliament should be `open, accessible and accountable to the people of Scotland'. The Public Finance and Accountability (Scotland) Act 2000 enshrined these elements in legislation. FIAG recommended a three-stage process, with the legislation being the final stage. At Stages One and Two, the Parliament's subject Committees will make comments on the budget in relation to their own areas. These responses will then be submitted to the Finance Committee, which will make recommendations to the Executive.
As a result of the timing of the first Scottish Parliament elections, the envisaged three-stage process has of necessity been curtailed this year. The Finance Committee therefore agreed that it was not feasible to attempt to engage the subject committees in consideration of individual departmental expenditure plans this year. Instead, the Committee decided to use this transitional year as an opportunity to consider the format of the data made available at this stage of the process, the manner of its presentation and its content.
In November 1999, the Scottish Executive published a Draft Budget, Spending Plans for Scotland. The Finance Committee took evidence on this from the Finance Minister, Jack McConnell, on 14 December and produced a report. The Parliament debated the report and the Draft Budget on 15 December. The Budget (Scotland) Bill was passed following a division (with 50 votes for, no votes against and 46 abstentions).
The Budget (Scotland) Act 2000 gives parliamentary authority for spending in Scotland for financial year 2000/1. The Act authorised a £16.7 billion budget for Scotland to be spent by the Scottish Executive, and its associated bodies, other organisations whose core funding is centrally provided (e.g. local authorities and health boards), the Scottish Parliament, Audit Scotland and the Scotland Office.
Census Amendment (Scotland) Bill
Introduced: 29 February 2000 [SP Bill 8]
Introduced by: Jim Wallace (Executive Bill)
Passed: 15 March 2000
Royal Assent: 10 April 2000
2000 asp 3
The objective of the Census Amendment (Scotland) Bill was to amend the primary legislation under which the Census is carried out (the Census Act 1920) to enable a question or questions on religion to be asked in the Census in Scotland. The Bill also specifies that the criminal penalties for not answering questions in the Census will not apply in Scotland in relation to questions on religion.
Debate in the Parliament earlier in January/February 2000 on the draft Census (Scotland) Order had covered a number of issues. The draft Order proposed inclusion of new topics on Household structures; General health; Provision of unpaid care; Time since last employment; Supervisor status and size of employing organisation and Travel to place of study. Proposed exclusions from the Census included questions on religion, Scots language, and on income.
Stating that it had listened to the views expressed by the Equal Opportunities Committee, the Commission for Racial Equality and others, the Executive decided to include a voluntary question on religion in the 2001 Census in Scotland.
The 2001 Census of Population was carried out on Sunday 29th April 2001. This was the 18th in a series of censuses undertaken every ten years since 1801 (with the exception of 1941, and an additional census in 1966). The census in Scotland was expected to cost around £23 m over the three years from 1999-2000 to 2001-02, with substantially smaller costs in later years.
Adults with Incapacity (Scotland) Bill
Introduced: 8 October 1999 [SP Bill 5]
Introduced by: Jim Wallace (Executive Bill)
Passed: 29 March 2000
Royal Assent: 9 May 2000
2000 asp 4
The purpose of the Adults with Incapacity (Scotland) Bill is to provide for decisions to be made on behalf of adults who lack legal capacity to do so themselves because of mental disorder or inability to communicate.
The Bill is divided into 7 parts:
· Part 1 defines what is meant by incapacity and gives the general grounds for intervening in an adult's affairs, outlines the jurisdiction of the courts and provides the supervisory framework for the new measures.
· Part 2 provides for the registration, monitoring and supervision of specific types of power of attorney.
· Part 3 sets up a new statutory scheme providing access to funds held on behalf of an adult with incapacity with appropriate safeguards.
· Part 4 provides for hospital and care home managers to manage the finances of patients or residents with incapacity, subject to appropriate safeguards.
· Part 5 confers a statutory authority on medical practitioners and those acting under their instructions to give treatment to adults with incapacity and undertake research in relation to them in certain circumstances.
· Part 6 reforms the law relating to guardians; ie individuals appointed to manage the affairs of adults with incapacity on a long-term basis. It also makes provision for a new type of one-off court order known as an `intervention order', designed to deal with specific matters that do not require the appointment of a guardian.
· Part 7 includes various other miscellaneous provisions.
Abolition of Feudal Tenure etc. (Scotland) Bill
Introduced: 6 October 1999 [SP Bill 4]
Introduced by: Jim Wallace (Executive Bill)
Passed: 3 May 2000
Royal Assent: 9 June 2000
2000 asp 5
The Abolition of Feudal Tenure etc. (Scotland) Bill is concerned with the feudal system of land ownership that currently exists in Scotland. Under this system, land is owned subject to an interest in land known as the `feudal superiority' held by the `feudal superior'.
The Bill makes provision for the following:
· Abolition of feudal superiorities and the replacement of feudal tenure with a system of outright ownership;
· Extinction of the superior's right to collect feu duties and compensation for former superiors in this regard; and
· Extinction of a superior's right to enforce real burdens (ie conditions affecting land) except, in certain limited circumstances, where the superior is given an opportunity to preserve such rights;
The Bill also abolishes related systems of land tenure; enables firms with separate legal personality to own land; and prohibits, with certain exceptions, the granting of leases over land for periods exceeding 175 years.
The main provisions of the Bill will come into force on an `appointed day' which will be determined by Scottish Ministers by statutory instrument. It is intended that the Bill will have the same appointed day as the Title Conditions (Scotland) Bill, which the Executive intends to introduce in Summer 2002.
Standards in Scotland's Schools etc. Bill
Introduced: 19 January 2000 [SP Bill 6]
Introduced by: Sam Galbraith (Executive Bill)
Passed: 7 June 2000
Royal Assent: 14 July 2000
2000 asp 6
The Standards in Scotland's Schools etc. Bill has the overall aim of raising standards in Scotland's schools and has three main purposes.
Sections 1-14. The first purpose is concerned with establishing an improvement framework. The Bill as passed sets out a statutory right for every child of school age to be provided with school education by a local authority and a duty on local authorities to provide school education to every child including special arrangements for those who are unable to attend school.
Central to the improvement framework are the National Priorities which are to be set by Scottish Ministers and will be used as objectives to be achieved locally and as a way of measuring performance.
Other specifications in the Bill as passed which relate to this purpose are: devolved school management and school development planning are put on a statutory basis; new powers for inspection of local authorities' education functions; and, Scottish Ministers may issue guidance to education authorities on the details of the improvement framework and to parents who wish to educate their children at home.
Sections 45-55. The second purpose is to make changes to the composition, operation and power of the statutory body (the General Teaching Council) which regulates the teaching profession in Scotland.
Sections 15-45 and 55-57. The third set of provisions make a number of changes to Scottish legislation on education. In particular the Bill as passed: abolishes the statutory basis of the Scottish Joint Negotiating Council on teachers' pay and conditions; introduces a new duty on local authorities to provide pre-school education; makes changes to the powers and functions of School Boards; repeals legislation allowing state schools to opt out of local authority control; and puts an end to the use of corporal punishment in education.
Ethical Standards in Public Life etc (Scotland) Bill
Introduced: 1 March 2000 [SP Bill 9]
Introduced by: Wendy Alexander (Executive Bill)
Passed: 21 June 2000
Royal Assent: 24 July 2000
2000 asp 7
The Ethical Standards in Public Life etc. (Scotland) Bill, as passed, introduced a statutory framework for ethical standards within areas, specified in the Bill, of Scottish public life. The main provisions of the Bill as passed are summarised below.
The Bill, as passed, established that Scottish Ministers will issue a code of conduct for councillors, termed the `councillors code'. The code shall include principles and rules governing the conduct of councillors and provisions regarding the registration and declaration of councillors' interests. Councils and public bodies are placed under a duty to promote the standards contained in the code. The code requires to be approved by a resolution of the Scottish Parliament.
The Bill, as passed, established the role of the Standards Commission for Scotland and outlines the procedure for hearings of the Commission. Where a councillor (or member of a public body) has been found to be in contravention of the code the Commission can impose sanctions. There are four main sanctions the Commission can impose: censure, partial suspension of the councillor / member from particular meetings for a period of up to one year, total suspension for a period of up to one year, and lastly, disqualification from office for a period of up to five years.
The Bill, as passed, also repealed section 2A (commonly referred to as section or clause 28) of the Local Government (Scotland) Act 1986, which banned the promotion of homosexuality in schools, and placed a new duty on local authorities with regard to their provision of services for children. The Bill, as passed, required that councils, in the performance of duties relating particularly to children, have regard to the value of stable family life in a child's development and ensure that the content of instruction is appropriate to a child's age, understanding and stage of development.
Education and Training (Scotland) Bill
Introduced: 28 April 2000 [SP Bill 14]
Introduced by: Henry McLeish (Executive Bill)
Passed: 29 June 2000
Royal Assent: 7 August 2000
2000 asp 8
The Education and Training (Scotland) Bill helped create the framework to allow for the introduction of Individual Learning Accounts (ILAs). It was one of a number of new pieces of legislation required for their introduction. The other key elements were progressed through Westminster in the Finance Bill and the Learning and Skills Bill. The Bill's passage took only two months from introduction. The rapid progress of the Bill was intended to allow the ILA scheme to be launched in September 2000, in time for the start of the academic year.
The three sections of the Bill were as follows:
· Section 1 "Grants" - enables Scottish Ministers to "make regulations to authorise the payment of grants to or in respect of the education or training of certain individuals"
· Section 2 "Qualifying Arrangements" - confers powers on Scottish Ministers to specify in regulations both who is eligible to receive the grants and other conditions regarding the types of education and training in respect of which grants are payable.
· Section 3 "Regulations" - provides for regulations to be subject to the negative resolution procedure
The regulations included details of how the scheme would work, and were one of the key areas of debate surrounding the Bill itself.
The first 100,000 account holders were to each receive up to £150 towards spending on eligible learning if they also contributed £25 themselves. Employers' contributions were voluntary. For individuals who have fully spent their £150 contribution, and for those applying after the first 100,000 accounts have been opened, discounts of 20% were available for some courses, and in a few cases 80%.
The Individual Learning Accounts scheme was subsequently withdrawn as a result of significant defrauding of the system ( 20 December 2001), though a new scheme of ILAs is due to be launched in 2003/04.
Bail, Judicial Appointments etc. (Scotland) Bill
Introduced: 25 May 2000 [SP Bill 17]
Introduced by: Jim Wallace (Executive Bill)
Passed: 5 July 2000
Royal Assent: 9 August 2000
2000 asp 9
The Bail, Judicial Appointments etc. (Scotland) Bill is mainly aimed at ensuring that various procedures relating to the Scottish courts comply with the European Convention on Human Rights (ECHR).
Bail
The Executive sought to amend various aspects of the Criminal Procedure (Scotland) Act 1995 to ensure that they are compatible with article 5 of the ECHR. The Bill provides for the following changes to the process of seeking and granting bail:
· a judge will be required to consider whether to grant bail at an accused's first appearance in court, without the need for an application by the accused (aimed at satisfying a requirement for the automatic judicial review of detention);
· provisions in the 1995 Act that currently prevent a judge from granting bail in certain cases, including cases where a person has been charged with murder, will be repealed;
· a court will, where an accused is already in custody for another matter, be required to consider bail for the new offence; and
· changes to the rights of an accused to appeal against the refusal of bail in certain types of case.
Judges of the Inner House of the Court of Session
An Executive amendment added new provisions to the Bill, amending the Court of Session Act 1988 so as to allow for variation in numbers of Inner House judges in the Court of Session.
Judicial Appointments (Temporary and Part-time Sheriffs)
In 1999 the High Court (in the case of Starrs and Chalmers v PF Linlithgow) ruled that the use of temporary sheriffs (appointed under the Sheriff Courts (Scotland) Act 1971) was incompatible with the ECHR. This was on the basis that temporary sheriffs had no security of tenure and could be dismissed at will, and that their appointment was at the discretion of the Scottish Ministers. Such use contravened the requirement, under article 6 of the ECHR, that people are entitled to have the determination of their civil rights and obligations, or of any criminal charge against them, carried out by an independent and impartial tribunal.
The Bill provides for the abolition of the office of temporary sheriff. It also includes provision for the creation of a new office of part-time sheriff to assist in dealing with sheriff court business.
Judicial Appointments (Justices of the Peace)
In relation to justices of the peace (JPs), the Bill aims to ensure that the appointment process for JPs carrying out judicial functions in the district courts cannot compromise their impartiality and independence (as required by article 6 of the ECHR). The Bill allows for the continuation of politically nominated JPs, but stipulates that such JPs should no longer perform court duties. This is achieved by creating separate categories of signing justices and full justices. Only the latter will be entitled to perform court duties.
Miscellaneous & General Provision (Prosecutions by Local Authorities)
Currently, a local authority may in some cases prosecute an individual in a court serviced by JPs who receive legal advice from a legal assessor who is an employee of that local authority. The Bill removes from local authorities the power to prosecute cases in the district courts. The reason given for this change was to avoid any argument that such proceedings run contrary to the right to a fair trial enshrined in article 6 of the ECHR.
National Parks (Scotland) Bill
Introduced: 27 March 2000 [SP Bill 12]
Introduced by: Sarah Boyack (Executive Bill)
Passed: 5 July 2000
Royal Assent: 9 August 2000
2000 asp 10
The National Parks (Scotland) Bill defines the four aims of a National Park as:
1. to conserve and enhance the natural and cultural heritage of the area
2. to promote sustainable use of the natural resources of the area
3. to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public
4. to promote sustainable economic and social development of the area's communities
The Bill also sets out the procedure for designating a National Park in Scotland, as summarised below:
- Scottish Ministers publish proposals for a National Park. These must specify the general area of the Park and the mechanisms to be adopted for the administration of planning in the National Park area.
- Scottish Ministers appoint Scottish Natural Heritage, and/or any other public body they consider has relevant expertise, to conduct an inquiry into the proposals.
- The body holding the inquiry reports back to the Scottish Ministers, who are required to publish the report. At this point Scottish Ministers may choose to hold a public inquiry into any issue relating to the National Park proposals.
- Drawing on the report, the Scottish Ministers publish a draft National Park Designation Order for public consultation.
- Following any amendment as a result of the consultation exercise, the Scottish Ministers lay the National Park Designation Order before the Parliament.
- The Parliament can either approve or reject the Order, through the affirmative resolution procedure.
The Bill also sets out the general functions of the National Park Authority, the governing body for each National Park, plus the mechanism to be used for direct elections to that Authority.
The Executive has indicated that Loch Lomond and the Trossachs is likely to be designated as the first National Park in Scotland followed by the Cairngorms. Note both of these areas have now been designated as National parks.
Regulation of Investigatory Powers (Scotland) Bill
Introduced: 25 May 2000 [SP Bill 16]
Introduced by: Jim Wallace (Executive Bill)
Passed: 7 September 2000
Royal Assent: 28 September 2000
2000 asp 11
The Regulation of Investigatory Powers (Scotland) Bill is concerned with covert investigative techniques and covers three categories of activity: the use of directed surveillance; the use of intrusive surveillance and the use of covert human intelligence sources by the police and the National Criminal Intelligence Service (NCIS) operating in Scotland. The Bill places those aspects of the use of covert surveillance, not already covered by legislation, and the use of covert human resources, on a statutory footing. This is to comply with human rights as established by ECHR and decisions of the European Court of Human Rights, that investigative measures used by the police and security services must have a basis in domestic law.
For each of the powers the Bill covers:
· the purposes for which they may be used;
· which authorities can use the powers;
· who should authorise each use of the power;
· the use that can be made of the material gained;
· independent judicial oversight;
Directed Surveillance relates to a specific investigation and aims to obtain information about or identify a particular individual. Directed Surveillance can only be authorised where it is: for the purpose of preventing or detecting crime or of preventing disorder; in the interests of public safety; or for the purpose of protecting public health. The surveillance must also be proportionate to what it seeks to achieve.
Intrusive surveillance is intrusive, for the purposes of the Bill where it is carried out in relation to residential premises or a private vehicle. This kind of surveillance may take place by means of a person or device located inside residential property or a private vehicle, or by means of a device planted outside but which provides a similar quality of output as a device placed inside.
Covert Human Intelligence Sources includes the use of agents, informants and undercover officers. Covert Human Intelligence Sources can only be authorised for the same purposes as described for directed surveillance.
The Bill establishes a Chief Surveillance Commissioner whose duties include keeping under review the exercise and performance of the powers and duties conferred or imposed by the Bill. The Bill provides a complaints procedure through a tribunal established under section 65 of the UK Regulation of Investigatory Powers Act 2000. The Bill also requires the Scottish Ministers to issue codes of practice relating to the exercise and performance of the powers and duties under the Bill and under Part III of the Police Act 1997.
Sea Fisheries (Shellfish) Amendment (Scotland) Bill
Introduced: 8 March 2000 [SP Bill 11]
Introduced by: Tavish Scott (Member's Bill)
Passed: 28 September 2000
Royal Assent: 2 November 2000
2000 asp 12
The Sea Fisheries (Shellfish) Amendment (Scotland) Bill was introduced as a Member's Bill by Tavish Scott MSP shortly after the establishment of the Scottish Parliament. It was the first Member's Bill to be passed by the Scottish Parliament.
Under the Sea Fisheries (Shellfish) Act 1967, Scottish Ministers can make several Orders. These confer sole rights to `grantees' to sow the seabed with shellfish and then harvest these for a set period. To protect the shellfish they also prohibit fishing in the area covered by the Order, except where the net or lines used do not come into contact with the seabed.
At the time the Bill was introduced, there had been 30 applications for Several Orders from Shellfish farmers, of which only 8 had been granted. Partly, this was because of objections from fishermen who would be prevented from fishing in the area covered by the Several Orders. Many of the fishermen who fish in the inshore waters around Scotland's coast use "creels" and traps to catch lobsters, crabs and Nephrops (aka Norway Lobsters or langoustines). These fishermen would not be allowed to fish in areas covered by a Several Order, although they could actually help shellfish farmers by removing crabs and lobsters which predate on the shellfish. The Sea Fisheries (Shellfish) Amendment Bill changes the law so that when they make a Several Order, Ministers can specify the types of fishing, such as creel-fishing or lobster potting which can still be carried out in the area covered by the Order. It is hoped that this measure will go some way to reducing conflicts between shellfish farmers and inshore fishermen.
Abolition of Poindings and Warrant Sales Bill
Introduced: 24 September 1999 [SP Bill 3]
Introduced by: Tommy Sheridan (Member's Bill)
Passed: 6 December 2000
Royal Assent: 17 January 2001
2001 asp 1
The Abolition of Poindings and Warrant Sales Bill provides that it shall, from commencement of the relevant provisions, no longer be competent to enforce payment of a debt by poinding and warrant sale.
In relation to the recovery of debt, poinding and warrant sale is one example of a range of legal procedures that can be used to enforce payment (where the debtor does not pay voluntarily) against the assets of the debtor. These procedures are referred to as forms of `diligence'.
Under current law, poinding is the process by which the corporeal moveable property (eg household contents or stock-in-trade) of a debtor, in his of her possession, is valued with a view to the sale of that property at public auction (ie at a warrant sale). Certain types of property which would otherwise be subject to poinding (including many items which might be categorised as household contents) are covered by specific exemptions from poinding. Property that has been poinded cannot be disposed of without the court's permission. Following a poinding, the creditor is entitled to apply to the court for a warrant of sale. This entitles an officer of the court to remove the poinded goods (entering premises by force if necessary) and sell them to realise all or part of the value of the debt.
The commencement provisions set out in the Bill provided that the provisions abolishing poindings and warrant sales were to come into force on 31 December 2002 or such earlier date as the Scottish Ministers may, by order made by statutory instrument, appoint. [Note: this Act has been repealed in its entirety by the Debt Arrangement and Attachment (Scotland) Act, and so never came into force.]
Transport (Scotland) Bill
Introduced: 5 June 2000 [SP Bill 18]
Introduced by: Sarah Boyack (Executive Bill)
Passed: 20 December 2000
Royal Assent: 25 January 2001
2001 asp 2
Part 1 of the Transport (Scotland) Bill allows Scottish Ministers to require public bodies (most likely local authorities, but also joint boards with transport responsibility and passenger transport authorities) to work together to find solutions to specific transport problems, drawing up Joint Transport Strategies. An example could be joint working to reduce congestion in major cities.
Part 2 seeks to improve the bus market and service in Scotland. It does this by establishing a framework for Quality Partnerships, under which local authorities and operators agree to provide improved facilities and services. If Quality Partnerships do not deliver, Ministers will be able to approve Quality Contracts that will replace on-the-road competition with a single franchise for an area. Operators must meet the service criteria set out by the local authority in the contract.
Part 2 places a duty on transport authorities to ensure adequate ticketing and information services, allows for the creation of a Bus User Complaints Tribunal, and gives powers to fine bus lane driving offenders.
Part 3 gives local authorities the right, with Ministerial approval, to introduce road user charging (congestion charging). This is only permitted on the roads for which the transport authority is responsible - local authorities may not charge on trunk roads, which are the responsibility of the Scottish Executive. Earlier proposals for trunk road user charging did not make it into the Bill. The Bill as introduced contained provisions to allow for workplace parking levies, but this was removed by amendment during Stage 2.
Part 4 gives Ministers powers to require local authorities to provide a minimum level of travel concessions for pensioners and disabled people. This is likely to initially apply to bus services in geographical areas that already have a concession scheme. Part 4 further gives Ministers powers to dissolve any body other than a roads authority which has responsibility for a bridge and transfer its duties to a Joint Board, which can address the transport, congestion and accessibility issues. The phasing out of orange disabled parking badges to be replaced by the standard European blue badge is also catered for in this part of the Bill, as is the introduction of local authority powers to create 'home zones' [note: 2 words], allowing certain measures to improve the local environment or improve road safety.
Salmon Conservation (Scotland) Bill
Introduced: 28 September 2000 [SP Bill 20]
Introduced by: Ross Finnie (Executive Bill)
Passed: 11 January 2001
Royal Assent: 14 February 2001
2001 asp 3
The Salmon Conservation (Scotland) Bill gives wider powers to Scottish Ministers and District Salmon Fishery Boards (DSFBs) to make regulations in the interests of salmon conservation. Regulations made under the Bill could be used to reduce fishing effort by introducing measures like mandatory catch and release or setting bag limits. The Bill arises out of concerns over falling salmon catches and the need identified by the Scottish Salmon Strategy Task Force to give Scottish Ministers and DSFBs increased powers to act to conserve salmon stocks.
Scotland is divided up into 77 Salmon districts. Salmon fishing in Scotland has been regulated since the 19th century by District Salmon Fishery Boards (DSFBs). There are currently DSFBs in 51 out of the 77 districts. These DSFBs have a range of powers under various statutes to take steps to conserve salmon. Ministers also have powers to make Regulations to conserve Salmon. However, for some types of Regulation, such as those which define the type of fishing tackle, baits and lures which can be used to fish for salmon, Ministers powers are restricted to making Regulations where these have been applied for by a DSFB. There are also other ways in which fishing effort could be controlled which cannot be introduced under the present legislation. For example, catch and release could be made mandatory. Bag, size or gender limits, or daily close times could be set for either rod and line or net fisheries, after which the fishery would close. Ministers do not have explicit powers to act in emergency situations, for example, to close a fishery if stocks are shown to be seriously threatened. These concerns were highlighted in the recommendations of the Scottish Salmon Strategy Task Force in its report in 1997. The Bill responds to these concerns by giving the Scottish Ministers general powers to make Regulations in the interests of conserving salmon.
The Salmon Conservation (Scotland) Act 2001 is being consolidated as part of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill. Consolidation is the re-enactment in one Act of all the provisions on one topic of law scattered throughout various statutes and in common law.
Budget (Scotland) (No.2) Bill
Introduced: 19 January 2001 [SP Bill 26]
Introduced by: Angus MacKay (Executive Bill)
Passed: 8 February 2002
Royal Assent: 15 March 2001
2001 asp 4
The Budget (Scotland) (No 2) Bill was the final stage in the annual three-stage budget process, and gives parliamentary authority for spending in Scotland for financial year 2001/2. The budget process is intended to allow the Parliament's subject committees the opportunity to comment on the Executive's spending plans at several points during the year prior to the annual budget being agreed. The expectation is that the subject committees play an active role in scrutinising and making recommendations on the spending priorities, presented in the budget documents. The 2001/02 budget process was the first occasion subject committees had to scrutinise the expenditure proposals of the Executive. Three recommendations on the Scottish Budget were made (two from the Health and Community Care Committee and one from the Justice and Home Affairs Committee). The Executive accepted these recommendations.
As a result of extensive pre-legislative scrutiny, the time allocated for the passage of the Bill is truncated. It was introduced on 19 January 2001, with its Stage 1 debate on Thursday 25 January. The Finance Committee considered it at Stage 2 on 30 January 2001. The Bill was then passed without division by the Parliament, on 8 February 2001.
The Act authorised a £18.4 billion budget for Scotland to be spent by the Scottish Executive, and its associated bodies, other organisations whose core funding is centrally provided (e.g. local authorities and health boards), the Scottish Parliament, Audit Scotland and the Scotland Office. The baseline budget for 2001/2 rose from £17.7 billion (as initially planned in the Executive's Annual Expenditure Report) to £18.4 billion. This was partly due to the additional funds released to Scotland by UK Spending Review 2000. However, the difference may also be attributed to the introduction of Resource Accounting and Budgeting (RAB) which moves away from a cash-based system to one that takes account of resources and assets. For some budget headings (particularly those with large amounts of capital expenditure), it has the effect of apparently increasing the resources available.
Leasehold Casualties (Scotland) Bill
Introduced: 10 May 2000 [SP Bill 15]
Introduced by: Adam Ingram (Member's Bill)
Passed: 8 March 2001
Royal Assent: 12 April 2001
2001 asp 5
http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010001.htm
The Leasehold Casualties (Scotland) Bill provides for the abolition of leasehold casualties. The Scottish Law Commission had published a report in 1998 recommending abolition. A leasehold casualty is an amount payable over and above the rent, which the terms of a lease may require a tenant to pay to the landlord. Payment is usually required on the basis of a fixed period or on the occurrence of a particular event.
Leasehold casualties are found in some very long leases (eg those lasting for 999 years) in certain parts of Scotland. The Bill applies to leases granted before 1 September 1974 (on the basis that it has not been possible to insert a valid casualty in a lease since then) for a period of not less than 175 years. The reason given for mentioning 175 years was to prevent the Bill from inadvertently affecting provisions in modern commercial leases.
Under the provisions of the Bill, landlords will no longer be able to demand payment of such casualties. This applies in relation to payments which would have become due on or after 10 May 2000 (the date the Bill was introduced). There is provision for tenants to compensate landlords for the loss of this right.
The Bill also provides that irritancy provisions in certain leases are void. An irritancy provision in a lease is a clause that enables the landlord to terminate the lease, with the leased land reverting back to the landlord (including any buildings situated on such land). Under existing law such clauses could be triggered where a tenant fails to comply with some aspect of the lease (eg failing to meet a casualty payment). As stated, the relevant provisions of the Bill only apply to certain types of lease (eg the lease must be for a period of 175 years or more). The reasons given for having such restrictions are similar to those for other provisions in the Bill, namely that the provisions are intended to apply to the type of very long leases in which casualty provisions may be found and to prevent inadvertent application to modern commercial leases.
Education (Graduate Endowment and Student Support) (Scotland) (No 2) Bill
Introduced: 7 December 2000 [SP Bill 22]
Introduced by: Wendy Alexander (Executive Bill)
Passed: 29 March 2001
Royal Assent: 3 May 2001
2001 asp 6
The Education (Graduate Endowment and Student Support) (Scotland) (No 2) Bill makes the following general provisions:
· provision for the payment of a "graduate endowment" by certain higher education graduates in respect of the educational benefits afforded to a person by his/her higher education degree;
· provision in relation to the use of income arising from the graduate endowment for the purposes of financial support of students;
· provision to amend the Education (Scotland) Act 1980 in terms of clarifying what students are entitled to financial support;
· provision (amending the Local Government Finance Act 1992) exempting students, living with non-students, from liability for council tax.
The amount of the graduate endowment will be set at £2,000 for new (first degree) entrants to higher education in 2001-02, increasing in subsequent years according to inflation. Students will know the amount they are liable to pay at the beginning of their studies. They will be obliged to pay the endowment fee one year after completion of their degree.
Certain people will be exempt from paying the endowment fee - for example, people aged over 25 at the start of their studies; people in receipt of lone parent grants; people in receipt of the disabled students' allowance. Repayment of the endowment can be made through a lump sum payment or by taking out an income contingent student loan.
The Bill imposes a duty on Scottish Ministers to include, in the budget proposals made for each financial year, provision for the income raised by the payment of the graduate endowment in that year to be used for the purposes of student support.
The Bill amends the Education (Scotland) Act 1980, so that regulations governing the payment of student allowances and loans can be extended to allow payments to be made to distance learning students and to former students. It also amends the Local Government Finance Act 1992, so as to exempt students who share accommodation with non-students from liability for council tax.
Note: this Bill replaced an earlier version - without "(No.2)" in the title - which was withdrawn after the Enterprise and Lifelong Learning Committee had already begun to take evidence on it at Stage 1.
Convention Rights (Compliance) (Scotland) Bill
Introduced: 10 January 2001 [SP Bill 25]
Introduced by: Jim Wallace (Executive Bill)
Passed: 30 May 2001
Royal Assent: 5 July 2001
2001 asp 7
The Convention Rights (Compliance) (Scotland) Bill introduces a range of provisions designed to ensure that certain aspects of Scots civil and criminal law are compatible with the European Convention on Human Rights (ECHR) as incorporated into domestic law by the Scotland Act 1998 and the Human Rights Act 1998. The Human Rights Act came into effect on the 2 October 2000. The Bill is in 7 parts:
Part 1 requires that all categories of life prisoner have a `punishment part' of their sentence set in open court. It removes from the Scottish Ministers the power to decide how long Adult Mandatory Life Prisoners (AMLPs) should spend in prison. Instead, the decision to release any category of life prisoner will be made by the Parole Board for Scotland sitting as a tribunal, thus bringing the treatment of AMLPs into line with that of prisoners serving discretionary life sentences;
Part 2 seeks to reconstitute the Parole Board for Scotland as an independent tribunal to bring it into compliance with Article 6 (Right to a fair trial) of ECHR. Under the Bill, members of the Parole Board will be appointed by the Scottish Ministers for fixed-term periods of between 6 and 7 years with reappointment possible for a further term but only after an absence of 3 years. The purpose of this is to give members a degree of security of tenure and reduce any possible appearance of bias in favour of the Executive.
Part 3 extends [not appropriate to use future tense here] the availability of Civil Legal Aid and Advice by way of Representation (ABWOR) to any proceedings before any court or tribunal where a person's civil rights are to be determined. The Bill enables Ministers to set `factors', in addition to existing tests, which the Scottish Legal Aid Board should consider in such cases. It also makes provision for potentially complex cases to be removed from the Criminal Legal Aid fixed payment scheme, under regulations to be made by the Scottish Ministers, and allows instead fees to be paid on a `time and line' basis.
Part 4 repeals the relevant part of the Criminal Law (Consolidation) (Scotland) Act 1995 so that it is no longer a criminal offence for more than two adult males to take part in consensual homosexual acts in private.
Part 5 reforms the procedure for appointment of the Procurator Fiscal of the Lyon Court so as to transfer the Lord Lyon's powers in this respect to the Scottish Ministers. This provision recognises the potential for an Article 6 challenge on the grounds that the Lord Lyon, as presiding judge in the Lyon Court, should not be able to appoint the Procurator Fiscal of the Court.
Part 6 provides the Scottish Ministers with powers to make remedial orders to remedy established or perceived incompatibilities with ECHR.
Part 7 provides that Parts 1, 2 and 5 of the Bill will be brought into force by subordinate legislation as decided by Scottish Ministers, while the remaining parts of the Bill come into force on the day after the Bill receives Royal Assent.
Regulation of Care (Scotland) Bill
Introduced: 20 December 2000 [SP Bill 24]
Introduced by: Susan Deacon (Executive Bill)
Passed: 31 May 2001
Royal Assent: 5 July 2001
2001 asp 8
The Regulation of Care (Scotland) Bill creates a new system for the regulation and inspection of care and early education services, as well as the workforce who provide these services. It does this primarily by the establishment of two new non-departmental public bodies:
· The Scottish Commission for the Regulation of Care (The Commission), and
· The Scottish Social Services Council (The Council)
The Commission will be responsible for the regulation and inspection of care establishments (functions that were previously carried out by Local Authorities and Health Boards) and any ensuing enforcement action. The Bill defines what services the Commission should regulate and how, and provides for the establishment of a complaints procedure. It also allows Scottish Ministers to produce National Care Standards, compliance with which the Commission should consider when registering a care service. In addition it gives Scottish Ministers powers to set maximum fee levels for services registering with the Commission.
The Council will be responsible for the registration of social service workers as defined by the Bill. The Bill also allows for the transfer of the functions of the Central Council for Education and Training in Social Work (CCETSW) to the Council, who will then become responsible for the regulation and promotion of training and education for social service workers. The Bill also provides a function for the Council to publish codes of practice for registered workers and establish a register of the relevant groups in the workforce.
The Council is expected to commence work in October 2001 and the Commission in April 2002.
Scottish Local Authorities (Tendering) (Scotland) Bill
Introduced: 5 April 2001 [SP Bill 28]
Introduced by: Angus MacKay (Executive Bill)
Passed: 6 June 2001
Royal Assent: 6 July 2001
2001 asp 9
The Scottish Local Authorities (Tendering) (Scotland) Bill, as passed, extends the moratorium on `Compulsory Competitive Tendering' (CCT) beyond the timescale permitted by the Local Government Act (1988). The 1988 Act did not permit the moratorium to continue beyond the 31st December 2001. The Bill, as passed, repealed this time limit in order that the moratorium on introducing CCT could continue whilst the Executive finalised legislation to replace CCT with a Best Value regime for local authorities. The Local Government in Scotland Act 2003 subsequently replaced CCT with Best Value for local authorities.
Housing (Scotland) Bill
Introduced: 18 December 2000 [SP Bill 23]
Introduced by: Jackie Baillie (Executive Bill)
Passed: 13 June 2001
Royal Assent: 18 July 2001
2001 asp 10
The main provisions of the Housing (Scotland) Bill apply to homelessness, tenancy rights, regulation of the social rented sector and, winding up Scottish Homes, replacing it with an Executive Agency.
Homelessness and Allocation of Housing: Part 1 of the Bill places new responsibilities on local authorities and registered social landlords (RSLs). There is a requirement on local authorities to carry out an assessment of homelessness in their areas and prepare strategies for its prevention and how the council intends to alleviate its effects. Local authorities will have a duty to accommodate people who have priority need and are not intentionally homeless until they have been found permanent housing. They will also be required to provide assistance, advice and temporary accommodation for all those they believe to be homeless whether or not they are intentionally so or in priority need.
Tenants of Social Landlords: Part 2 of the Bill creates the Scottish Secure Tenancy (SST), which replaces secure and assured tenancies, to offer equal rights and responsibilities to all tenants of local authorities and RSLs. The Right to Buy (RTB) scheme is modernised by the Bill, and will be included in the new SST. Those gaining the RTB through the new SST will be subject to several restrictions, and there is also provision to suspend the RTB in pressured areas. In addition, all local authorities and RSLs landlords will have to prepare a strategy for tenant participation and will have a duty to have regard to representations made by individual tenants or tenants groups.
Regulation of social landlords: Part 3 of the Bill introduces a single regulatory framework for all local authority and RSL housing management structures, including registration procedures.
Scottish Homes: Part 4 of the Bill abolishes Scottish Homes to replace it with an Executive agency. This part of the Bill therefore details the transfer arrangements for the functions of Scottish homes to Scottish Ministers, properties and liabilities, and staff.
Other provisions
The Bill also contains provisions regarding strategic housing functions, and improvement and repair grants.
Mortgage Rights (Scotland) Bill
Introduced: 3 July 2000 [SP Bill 19]
Introduced by: Cathie Craigie (Member's Bill)
Passed: 20 June 2001
Royal Assent: 25 July 2001
2001 asp 11
The Mortgage Rights (Scotland) Bill allows the Sheriff Court to consider the personal and financial circumstances of a borrower when deciding whether to grant a creditor an order that may result in the repossession of a property. It also requires creditors to inform borrowers of their rights under the Bill and of the availability of independent advice. It is envisaged that the Bill will assist reducing homelessness, whilst ensuring that lenders receive payment in full on the money that they have loaned.
Erskine Bridge Tolls Bill
Introduced: 4 September 2001 [SP Bill 33]
Introduced by: Sarah Boyack (Executive Bill)
Passed: 6 September 2001
Royal Assent: 13 September 2001
2001 asp 12
On 30 August 2001 the Minister for Transport and Planning, Sarah Boyack, announced the suspension of tolling on the Erskine Bridge. This was as a result of the failure to renew an order extending the Scottish Executive's power under the Erskine Bridge Tolls Act 1968 to toll vehicles crossing the Bridge.
The power to levy tolls on the Erskine Bridge is set out in the 1968 legislation, as a result of which tolling began when the bridge opened in 1971. Tolling was initially to have ceased 20 years after the opening of the bridge, but extension orders made in 1991 and 1996 meant tolling continued. In August 2000 the Scottish Ministers decided tolling should be extended for a further five year period from 2001, but an administrative error meant the necessary order was not laid before the Parliament as was required.
The Erskine Bridge Tolls Bill was subject to emergency legislation procedures to rectify this position, and restores the position to that which would have been in place had this error not occurred.
The law states that tolls cannot be set at a level beyond that required to service costs associated with the bridge, including capital costs, interest on capital costs and operating / maintenance costs.
The emergency nature of the legislation meant all stages of the Bill were considered in a single day, and the Bill was passed without amendment.
International Criminal Court (Scotland) Bill
Introduced: 4 April 2001 [SP Bill 27]
Introduced by: Jim Wallace (Executive Bill)
Passed: 13 September 2001
Royal Assent: 24 September 2001
2001 asp 13
The purpose of the International Criminal Court (Scotland) Bill is to enable the United Kingdom to ratify the Rome Statute of the International Criminal Court. Ratification of this Statute requires changes to the law in the United Kingdom and the Bill, together with the International Criminal Court Bill considered by Westminster, will enable the United Kingdom to comply with its obligations under the Statute.
The Bill makes it an offence under Scots law to commit genocide, war crimes or crimes against humanity. It allows such crimes to be prosecuted in Scotland if they are committed in Scotland or outwith the United Kingdom by United Kingdom nationals or United Kingdom residents. It enables the Scottish Ministers to assist the International Criminal Court (ICC) if it requests help in gathering evidence, in tracking down and identifying individuals suspected of ICC crimes, or in locating and freezing proceeds of crime. It enables the Scottish Ministers to issue warrants so that prisoners sentenced by the ICC or certain UN tribunals can serve their sentences in Scotland. It confers powers on the Scottish Ministers to make provision for the enforcement of fines, forfeitures and reparation awards for victims which are ordered by the ICC.
Protection from Abuse (Scotland) Bill
Introduced: 4 June 2001 [SP Bill 30]
Introduced by: Alasdair Morgan (on behalf of the Justice 1 Committee)
Passed: 4 October 2001
Royal Assent: 6 November 2001
2001 asp 14
The Protection from Abuse (Scotland) Bill was the first ever Committee Bill to be passed by the Parliament. It is a single-issue bill with the purpose of enabling a power of arrest to be attached to interdicts granted to protect individuals from abuse.
Prior to the Bill becoming law, the courts had the power to grant interdicts to protect individuals (regardless of relationship) from abusers. However, only matrimonial interdicts, granted under the Matrimonial Homes (Family Protection) (Scotland) Act 1981, could have the power of arrest attached to them. But matrimonial interdicts can, in general, only be brought by one spouse against another or by one individual against another individual, where both individuals have been cohabiting as if they were man and wife. In the case of a breach of a non-matrimonial interdict, the police could only arrest an abusive person if a criminal offence had been committed.
The intention of the Bill is to entitle anyone who has obtained, or who is applying for, an interdict against an abusive person to apply to the court to have a power of arrest attached to the interdict, regardless of whether the interdict is a matrimonial interdict or not. The Bill also sets out a duty on the person who has obtained the interdict to notify the police when the power of arrest or an extension of the power of arrest is served.
Police and Fire Services (Finance) (Scotland) Bill
Introduced: 31 May 2001 [SP Bill 29]
Introduced by: Angus MacKay (Executive Bill)
Passed: 1 November 2001
Royal Assent: 5 December 2001
2001 asp 15
The Police and Fire Services (Scotland) Bill, as passed, consists of two main sections. The first section of the Bill deals with the carrying forward of unspent funds from one financial year to the next. Prior to the passage of the Bill joint police boards were unable to carry forward monies unspent at the end of the financial year that were not earmarked for a known liability. Unspent monies had to be returned to the appropriate local authorities or to the Scottish Executive depending upon the source of the income. This aspect of police funding had been criticised by the Accounts Commission. The Bill, as passed, enables police boards to carry forward up to 3% of the total money paid to the board by constituent authorities from one financial year to the next. The carrying forward of funds requires the consent of the relevant constituent authorities and Scottish Ministers.
Section 2 of the Bill, as passed, deals with the carrying forward of funds in relation to fire brigade funding. Legislation prior to the Bill governing the funding of joint fire boards did not technically prohibit the carrying forward of working balances as was the case with police funding. However, in order to ensure clarity and flexibility for fire boards the Bill, as passed, acted to enable constituent authorities to make contributions to fire board funds in respect of estimated expenditure. The Bill, as passed, also allows fire boards to carry forward funds from one financial year to the next in line with the provisions made in the Bill, as passed, for police boards.
Scottish Local Government (Elections) Bill
Introduced: 4 October 2001 [SP Bill 38]
Introduced by: Angus MacKay (Executive Bill)
Passed: 20 December 2001
Royal Assent: 22 January 2002
2002 asp 1
The main objectives of the Scottish Local Government (Elections) Bill are to:
· · Extend the term of local authorities from 3 to 4 years
· · Hold local government and Scottish Parliament elections on the same day
· · Allow local authorities to pilot innovative schemes for voting in local government elections
The next local government elections were due to be held in May 2002, but will now be held in May 2003 on the same day as the Scottish Parliament elections.
The Bill is part of the government's local government modernisation agenda, which began after devolution. A four-year term for local government has been widely supported to assist the more effective delivery and planing of policy priorities.
One of the aims of synchronising polls is to increase voter turnout. Average turnout for council elections in the 1990s was 47.3%, however, when local government elections were synchronised with the first Scottish Parliament elections turnout increased to 58.5%. Although some would argue the focus on local government issues is lost in synchronised elections the Scottish Executive argue that the democratic legitimacy of local government is enhanced by the higher turnout.
During the passage of the Bill some councils raised concerns about the potential practical problems that may arise from synchronising polls, for example, lack of available staff and timing counts. A working group has been set up to examine such issues.
The Bill allows councils to pilot innovative schemes for voting in local government elections, with the approval of the Scottish Executive, to help improve voter turnout. This could mean, for example, postal voting or voting in supermarkets. The pilot scheme provisions do not extend to Scottish Parliamentary elections as these are a reserved matter.
School Education (Amendment) (Scotland) Bill
Introduced: 28 September 2001 [SP Bill 37]
Introduced by: Jack McConnell (Executive Bill)
Passed: 20 December 2001
Royal Assent: 22 January 2002
2002 asp 2
The School Education (Amendment) (Scotland) Bill as passed has two main purposes. The first is to clarify the position of placing requests for children to start school who are not of school age. The second deals with changes in the appointments system of teachers to take account of the new career structure which abolishes the post of assistant headteacher.
Section 1 of the Bill as passed amends section 28A of the Education (Scotland) Act 1980 (1980 Act) to enable parents of children aged between 4 years and 6 months to 5 years and 11 months to make placing requests to start primary school. An unintended consequence of the Standards in Scotland's Schools etc Act 2000 was that it restricted the placing of requests to children of `school age', which the 1980 Act defined as between 5 years and over and 16 years and under. As a result, parents were unable to make placing requests for their children under the school age, even though their child reached school age during the school year. The Bill as passed will ensure that parents have the right to make placing requests for children who are of school age or will start school at the next intake.
Section 2 of the Bill as passed amends the School Boards (Scotland) Act 1988 in connection with the abolition of the post of assistant headteacher. Following the McCrone report into the pay and conditions of the teaching profession, an agreement was reached (A Teaching Profession for the 21st Century) which developed a new simplified career structure for teaching.
As a result, the post of assistant headteacher ceased to exist, being subsumed into the post of deputy headteacher. The Bill as passed enables existing assistant headteachers to be regarded as deputy headteachers without following the advertisement and appointment procedures required by that Act.
Water Industry (Scotland) Bill
Introduced: 26 September 2001 [SP Bill 35]
Introduced by: Ross Finnie (Executive Bill)
Passed: 14 February 2002
Royal Assent: 1 March 2002
2002 asp 3
The Water Industry (Scotland) Bill has three main objectives:
· the replacement of the three existing water authorities - North, West and East of Scotland Water - by a single all Scotland public water authority, Scottish Water
· establishing Water Customer Consultation Panels under an independent convener
· creating the post of Drinking Water Quality Regulator
Public authorities have historically provided water and sewerage services in Scotland. In recent times this has meant provision firstly by local authorities and then more recently by three public water authorities. In England and Wales the situation is different, in that water companies have been in private hands for some years.
Investment in the water industry in Scotland is at its highest ever level. This is necessary to comply with, amongst other things, European legislation. Similar investment was needed in England, but this has taken place over a number of years under private water companies. In addition, the Competition Act 1998 allows for the opening up of the water industry to competition, in a similar way to the way the gas and electricity markets have opened up.
The Water Industry (Scotland) Bill allows for the introduction of a more competitive type of water and sewerage service provider in Scotland. This company, Scottish Water, to have its headquarters in Dunfermline, will remain a public water authority but will have more powers to diversify its operations if they can provide resources to help finance its core functions, that of water and sewerage provision.
In addition the Bill creates Water Customer Consultation Panels under an independent convener. Under the previous system, customers were represented by regional Consultative Committees under the Water Industry Commissioner for Scotland. It was felt that, as Scottish Ministers appoint the Commissioner, this situation did not give an independent enough voice to customers. The Bill allows for a situation where customers have an independent voice.
The third main provision of the Bill is the creation of the Drinking Water Quality Regulator. The functions of this office will take over that previously carried out by a department of the Scottish Executive, and will have control over regulating drinking water quality.
The Bill as introduced had also sought to exempt certain types of charities, churches and local groups from water and sewerage charges, along the lines of a similar scheme in place at the time. The initial income threshold for this was set at £10,000 p.a. per organisation. This was regarded by many as being too low a threshold - ultimately the Executive agreed and the threshold has been increased to £50,000. The Executive expects this to exempt over 90% of local and village halls.
Detail on the Bill as introduced can be found in SPICe Research Paper 01/16 Water Industry (Scotland) Bill.
Criminal Procedure (Amendment) (Scotland) Bill
Introduced: 25 February 2002 [SP Bill 49]
Introduced by: Jim Wallace (Executive Bill)
Passed: 27 February 2002
Royal Assent: 8 March 2002
2002 asp 4
The Criminal Procedure (Amendment) (Scotland) Bill was dealt with under the Parliament's emergency legislation procedures, thus allowing all stages of parliamentary scrutiny to be dealt with on a single day.
The Scottish Executive decided to introduce the Bill following a recent Appeal Court ruling dealing with the law relating to summary criminal procedure in cases where an arrest warrant is granted following the failure of an accused to appear at an intermediate diet (a type of court hearing). The Appeal Court decided that the granting of a warrant, in such circumstances, did not automatically result in the discharge of the trial diet set in the case. The importance of this ruling was that where a trial diet is not explicitly discharged by the court any failure by the prosecution to call the case on the date set for trial would lead to subsequent proceedings in the case being invalid.
The Scottish Executive noted that the ruling was contrary to widespread practice in the courts which was based on the assumption that the trial diet was automatically discharged when an arrest warrant is granted in the circumstances described above. It was, therefore, feared that the Appeal Court ruling could have an impact on a large number of ongoing and concluded cases - affecting the validity of cases involving significant numbers of accused persons who had already been found guilty, or would otherwise have been found guilty.
The Bill addressed this problem by bringing the law into line with what had been common practice prior to the Appeal Court ruling. Thus, the issuing of an arrest warrant at an intermediate diet will (unless the court orders otherwise) lead to the automatic discharge of the trial diet (which can be re-scheduled once the accused has been arrested). Because the Appeal Court ruling affected ongoing and concluded cases, as well as future cases, the Bill changes the law with retrospective effect.
Community Care and Health (Scotland) Bill
Introduced: 24 September 2001 [SP Bill 34]
Introduced by: Susan Deacon (Executive Bill)
Passed: 6 February 2002
Royal Assent: 12 March 2002
2002 asp 5
The current system of community care provision has been a high profile political issue over the last few years. The roots of many of the Community Care and Health (Scotland) Bill proposals lie in the recommendations of the Royal Commission on Long Term Care. The Commission was chaired by Lord Sutherland of Houndwood (then Sir Stewart Sutherland) and reported on 1 March 1999.This report focused attention on the funding of the care of the elderly, placing it further up the political agenda. The other major recommendation of the Sutherland Commission (i.e. the establishment of a Care Standards Commission to regulate care provision) was addressed by the Regulation of Care (Scotland) Act 2001.
The Community Care and Health (Scotland) Bill introduces a range of measures designed to meet the care needs of Scotland's older population. Its main provisions are:
· Free personal and nursing care for older people. The provisions of the Bill are intended to promote and extend choice in the provision of residential and home care services and enable regulation of charging for home care services
· Carers' right to an independent assessment
· A legislative framework to encourage greater joint working between the NHS and local authorities
· Extends the requirement, currently only on Principal GPs, for all GPs to be named on a list held by an NHS Trust or Island Health Boards before they provide services to the NHS.
The legislation is an enabling bill as it sets out the framework for implementing free personal care and changes to the delivery of residential and non-residential care services for older people. Much of the substantive detail for example with regard to charging regimes and joint working across statutory agencies will be determined by ministerial regulation.
Free personal care, originally to be introduced from 1 April, will now be implemented from 1 July 2002.
Protection of Wild Mammals (Scotland) Bill
Introduced: 1 March 2000 [SP Bill 10]
Introduced by: Mike Watson (Member's Bill)
Passed: 13 February 2002
Royal Assent: 15 March 2002
2002 asp 6
When the Protection of Wild Mammals (Scotland) Bill was introduced, it sought to abolish three specific activities:
· Hunts, mounted or otherwise, which employ dogs to pursue, attack and kill wild mammals
· Hare coursing
· The use of terriers to attack wild mammals underground
Much of the Parliamentary debate on the Bill has focused on whether the wording of the Bill was sufficiently tight to prevent just these activities, and that other ways of using dogs would not also be outlawed by the Bill.
Fewer people take part in mounted foxhunting and hare coursing in Scotland than they do in England and Wales, with 10 mounted hunts, 5 of which are in the Borders, and one group of hare coursers. Dogs are widely used to chase and sometimes to kill wild mammals by gamekeepers, stalkers, shooters and falconers.
When it heard evidence at Stage 1 the Rural Development Committee was concerned that the use of terriers underground was often the only way to control foxes, especially in remote parts. The committee was also concerned that the Bill would prohibit the use of hounds by foot packs. Here the main purpose for using dogs is to flush the foxes out of woods to be shot by marksmen. The committee voted to recommend that the Parliament did not agree to the general principles of the Bill. Nonetheless, in the Stage 1 debate in the Parliament the Bill was voted through.
The Rural Development Committee also considered the Bill at Stage 2. The committee aimed to amend the Bill to resolve the ambiguities over the activities that would be affected. The committee agreed to amendments which made it clear that using dogs for falconry and shooting would still be allowed. The use of dogs underground to flush foxes, and the use of dogs by footpacks is also specifically permitted by the Bill. One issue, which was still unresolved, was whether people who lost their jobs because of the Bill should receive some kind of compensation.
At Stage 3 the Bill was considered by the whole Parliament. One hundred and two amendments were debated, many of them minor changes to technicalities, but also on major policy considerations like compensation. After more than 6 hours of debate, the Parliament finally voted to pass the Bill by 83 votes to 36. When it comes into force the Protection of Wild Mammals (Scotland) Act will put an end to mounted foxhunting and hare coursing in Scotland. Supporters of hunting think the Bill is flawed, and say that it has loopholes which could allow mounted foxhunting to continue. They intend to mount a legal challenge to the Bill in the Scottish Courts, which if unsuccessful they might take to the European Courts, under the European Convention on Human Rights (ECHR). Supporters of the Bill say that these claims are unfounded and think that the new law shows the strength of the Member's Bill system in the Scottish Parliament, because the Protection of Wild Mammals (Scotland) Bill has succeeded where several similar Private Members Bills at Westminster have failed.
Note: the Bill was brought into force on 1 August 2002.
Budget (Scotland) (No 3) Bill
Introduced: 18 January 2002 [SP Bill 46]
Introduced by: Andy Kerr (Executive Bill)
Passed: 14 February 2002
Royal Assent: 15 March 2002
2002 asp 7
The Budget (Scotland) (No. 3) Bill is the final stage in the annual three-stage budget process, and gives parliamentary authority for spending in Scotland for financial year 2002/3. The budget process is intended to allow the Parliament's subject committees the opportunity to comment on the Executive's spending plans at several points during the year prior to the annual budget being agreed. The expectation is that the subject committees will have an active role in making recommendations on spending priorities (although in 2001, subject committees made no spending recommendations on the Scottish budget). Because of this extensive pre-legislation scrutiny, the actual Bill ,is truncated.
At Stage 3, ninety nine members voted in favour of the Bill, with 14 abstentions. There were no votes against. The Bill authorises expenditure of over £20 billion of public money to be spent by the Scottish Executive and its associated bodies, the Scottish Parliament and Audit Scotland.
Marriage (Scotland) Bill
Introduced: 13 November 2001 [SP Bill 41]
Introduced by: Jim Wallace (Executive Bill)
Passed: 27 February 2001
Royal Assent: 4 April 2002
2002 asp 8
The Marriage (Scotland) Bill will enable:
· Civil marriages to be solemnised at locations other than registration offices
· Local authorities to approve locations where civil marriages can take place, taking into account guidance issued by the Registrar General.
The Bill was introduced to widen choice to those available wishing a civil marriage ceremony who are currently restricted to holding the ceremony in a register office. The Bill is similar to legislation introduced in England and Wales in 1994 where couples can arrange to have civil marriages solemnised at an "approved place". A range of places is now available such as hotels and football stadiums.
The cost of the local authority approval process is expected to be self-financing. Local authorities can charge applicants fees for the approval of locations, and can charge couples higher fees for the attendance of registrars at the ceremony.
Sexual Offences (Procedure and Evidence) (Scotland) Bill
Introduced: 28 June 2001 [SP Bill 31]
Introduced by: Jim Wallace (Executive Bill)
Passed: 6 March 2002.
Royal Assent: 11 April 2002
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The Sexual Offences (Procedure and Evidence) (Scotland) Bill is concerned with the law of criminal procedure as it relates to complainers and accused persons involved in sexual offence cases. The Bill contains provisions aimed at:
· Preventing the accused in rape and other sexual offence cases from personally cross-examining the complainer. An accused, in such a case, will have to be legally represented throughout the trial.
· Strengthening existing provisions restricting the extent to which evidence can be led regarding the character or sexual history of the complainer in sexual offence cases.
· Requiring the court, where an accused in a sexual offence case successfully applies to introduce evidence about the complainer's character or sexual history, to consider the disclosure of any previous convictions that the accused may have for sexual offences. The accused would be able to raise objections to disclosure, although there would be a presumption that disclosure is in the interests of justice.
· Prohibiting, in certain circumstances, an alleged sex offender from personally obtaining a recognition or other statement from the complainer.
· Requiring accused in sexual offence cases to give advance notice of any defence of consent.
Fur Farming (Prohibition) (Scotland) Bill
Introduced: 5 October 2001 [SP Bill 39]
Introduced by: Ross Finnie (Executive Bill)
Passed: 6 March 2002
Royal Assent: 11 April 2002
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Following the establishment of a ban on fur farming in England and Wales in November 2000, the Fur Farming (Prohibition) (Scotland) Bill was introduced in the Scottish Parliament in October 2001.
There are currently no known fur farms in Scotland. The Bill's main objective is therefore to prevent fur farmers from England and Wales relocating to Scotland by prohibiting the establishment of fur farms north of the border. The Bill is based on an objection on the grounds of "public morality" to the breeding and keeping of animals solely or primarily for the value of their fur requiring their slaughter.
The Bill's key principle is to prohibit the keeping of animals solely or primarily for slaughter for the value of their fur or for breeding progeny for such slaughter. The Bill also enables the creation of a compensation scheme.
SPICe Research Paper 01/15 provides a more detailed analysis of the Bill.
At Stage 1, the Rural Development Committee concluded:
that the Executive has not adequately justified the introduction of the Bill on moral grounds alone, and considers that a moral objection is, in itself, a weak basis for the Bill. However, the Committee considers that the moral justification is inseparable from animal welfare issues. On balance, the Committee is satisfied that animal welfare concerns do give a real and justifiable basis to the moral objection to fur farming.
The Bill was not amended at Stage 2. The Stage 3 debate took place on March 6 2002, it lasted twelve minutes and resulted in the Bill being agreed to by a majority of 77 votes for, 8 votes against, and 6 abstentions.
Scottish Public Services Ombudsman Bill
Introduced: 22 November 2001 [SP Bill 43]
Introduced by: Angus MacKay (Executive Bill)
Passed: 21 March 2002
Royal Assent: 23 April 2002
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The Scottish Public Services Ombudsman Bill (which had cross-party support) is intended to streamline and improve the public sector complaints system in Scotland. It establishes a `one-stop shop' that brings together the following Ombudsmen into a single organisation under a new Scottish Public Services Ombudsman:
· Scottish Parliamentary Commissioner for Administration
· Health Service Commissioner for Scotland
· Commissioner for Local Administration in Scotland (Local Government Ombudsman)
· Housing Association Ombudsman for Scotland.
The jurisdiction of the new Ombudsman will also be extended to include dealing with complaints made against Scottish Enterprise and Highlands and Islands Enterprise (whose external complaints adjudicators will be wound up) and the complaints handling function of the Mental Welfare Commission.
Other key changes made by the Bill include:
· removing the need for complaints to go through MSPs
· greater accessibility to the Ombudsman including provision for a person to authorise a representative to complain on their behalf, and to allow oral complaints to be accepted in special circumstances
· publication of all investigation reports
· empowering the Ombudsman to publicise cases where an injustice has not been remedied
· Ombudsman and deputies appointed by the Queen on the nomination of the Parliament
The Parliament passed the Bill (as amended), without a division.
Education (Disability Strategies and Pupils' Records) (Scotland) Bill
Introduced: 18 December 2001 [SP Bill 45]
Introduced by: Cathy Jamieson (Executive Bill)
Passed: 27 March 2002
Royal Assent: 30 April 2002
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The Education (Disability Strategies and Pupils' Records) (Scotland) Bill covers two distinct topics:
· strategies to improve access to school education for pupils with disabilities
· parents' access to their children's school records
The Bill requires all education authorities, managers of grant-aided schools, management boards of self-governing schools and proprietors of independent schools to produce and implement an accessibility strategy. This brings Scottish law into line with that in England and Wales, as set out in the Special Educational Needs and Disability Act 2001, sections 14 to 16.
An Accessibility Strategy will aim to:
· Increase the accessibility of the school curriculum to disabled pupils
· Improve the physical environment of the school with the aim of allowing disabled pupils to take advantage of education and other services offered
· Improve the communication of information about the school which is provided in writing to pupils and prospective pupils without disability, to disabled pupils, or prospective disabled pupils within a reasonable time and in a form which they can easily access
Education authorities are also required to ensure that their accessibility strategy covers all properties, other than schools, where they provide school education for pupils under school age, or who are of school age and are travelling people.
In drafting an accessibility strategy the responsible body must consult with those children and parents "as they think fit" and have regard to any guidance issued by the Scottish Ministers, it must also allocate "adequate" resources for the implementation of the strategy.
The second topic covered by the Bill relates to parents' access to their children's school records. Parents in Scotland had the right to see paper records held by schools about their children under the School Pupil Records (Scotland) Regulations 1990. The Data Protection Act 1998 removed this right. The Bill allows Scottish Ministers to introduce regulations that will reinstate this right.
Freedom of Information (Scotland) Bill
Introduced: 27 September 2001 [SP Bill 36]
Introduced by: Jim Wallace (Executive Bill)
Passed: 24 April 2002
Royal Assent: 28 May 2002
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The Freedom of Information (Scotland) Bill makes provision for the disclosure of information held by Scottish public authorities or by persons providing services for them. The Bill contains provisions that seek to:
· provide people, who request information held by a range of Scottish public authorities, with a legal right of access to such information;
· balance this right with provisions protecting sensitive information;
· establish a fully independent Scottish Information Commissioner to promote and enforce the freedom of information regime;
· encourage the proactive disclosure of information by Scottish public authorities through a requirement to maintain a publication scheme.
A public authority is covered by the Bill if it is listed in schedule 1 to the Bill; if it is a publicly-owned company (as defined in the Bill); or if the Scottish Ministers subsequently bring it within the scope of the Bill through the use of subordinate legislation.
It should be noted that there is also freedom of information legislation at a UK level - the Freedom of Information Act 2000. It is intended that any public authority, to which freedom of information legislation applies, should be subject to only one regime. Information held by Scottish public authorities, irrespective of whether that information relates to reserved or devolved matters, will be subject to the Scottish freedom of information regime. Information held by UK public authorities operating in Scotland (e.g. the Ministry of Defence and the Department of Social Security) as well as cross-border authorities (e.g. the Forestry Commission) will be subject to the UK freedom of information regime.
The main provisions of the Bill come into force on a day appointed by the Scottish Ministers. This must, unless the Scottish Information Commissioner recommends a later date that is accepted by the Scottish Ministers, be on or before 31 December 2005. Different days may be appointed for different provisions, for different persons or categories of person and for different purposes.
Scottish Qualifications Authority Bill
Introduced: 31 January 2002 [SP Bill 47]
Introduced by: Cathy Jamieson (Executive Bill)
Passed: 2 May 2002
Royal Assent: 6 June 2002
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The Scottish Qualifications Authority Bill was a response to recommendations in reports made by the Education, Culture and Sport Committee, the Enterprise and Lifelong Learning Committee, and Deloitte and Touche into the exams crisis in 2000. The Bill contains a number of provisions, which amend the Education (Scotland) Act 1996, in relation to the management, organisation and structure of the Scottish Qualifications Authority (SQA).
The main provisions of the Bill relate to the membership of the SQA board, the powers of Scottish Ministers to regulate the SQA and, the role of an advisory committee to the SQA. The SQA is to remain a non-departmental public body (NDPB).
The Bill establishes that the membership of the Board of the SQA is to consist of `not fewer than eight nor more than ten' members including the chairman of the SQA. Scottish Ministers will appoint the board. One member of the board `shall be a person appearing to the Scottish Ministers to have special knowledge of the interests of employees of the SQA'. Employees of the SQA, or employee representatives, will be consulted with regard to this individual's appointment. Board members are to be paid, receive allowances and expenses and will serve on the Board for a maximum period of four years.
The Bill also provides Scottish Ministers with a power to regulate the procedures and committees of the SQA. Scottish Ministers are also provided with a power to appoint `a representative of Scottish Ministers, other than a member of the SQA, to participate at meetings of the SQA or of any committee established by it'.
Lastly, the Bill enables Scottish Ministers to establish an advisory committee which will consider the qualifications, functions and procedures of the SQA. The advisory committee members will not receive remuneration for their position on the committee. The SQA is required to respond to any advice issued by the advisory committee with both bodies required to consult each other in the exercise of their functions.
University of St Andrews (Postgraduate Medical Degrees) Bill
Introduced: 17 April 2002 [SP Bill 51]
Introduced by: Iain Smith (Member's Bill)
Passed: 26 June 2002
Royal Assent: 30 July 2002
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The University of St Andrews (Postgraduate Medical Degrees) Bill is a Member's Bill which seeks to grant the University of St Andrews the right to award the medical postgraduate degree of Medicinae Doctor (MD). The University lost this right at the time of the establishment of the University of Dundee, by the Universities (Scotland) Act 1966.
The Bill gives the University the right to hold examinations, written or oral, and to award postgraduate research degrees in medicine to people who are registered, or are entitled to be registered as medical practitioners.
The University will only be allowed to award postgraduate degrees in medical research and will continue to be prohibited from holding exams or granting undergraduate degrees in medicine.
The Parliament passed the Bill (as amended), without a division.
Scottish Parliamentary Standards Commissioner Bill
Introduced: 4 February 2002 [SP Bill 48]
Introduced by: Mike Rumbles (on behalf of the Standards Committee)
Passed: 27 June 2002
Royal Assent: 30 July 2002
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The Scottish Parliamentary Standards Commissioner Bill is the result of a Standards Committee inquiry and report published on 3 October 2000, Models of Investigation of Complaints (4th Report 2000, SP Paper 186). This Bill (which was a Committee Bill) arose from the Standards Committee's conclusion that the Parliament should have statutory procedures for the independent investigation of complaints made under the Member's Interests Order and the Code of Conduct. The creation of a Scottish Parliamentary Standards Commissioner and the arrangements for investigating complaints are intended to supersede temporary investigation provisions set out in the Code of Conduct. The Bill gives power to an appointed Commissioner to carry out the first two stages of a four-stage investigation of complaints made under the Member's Interests Order and the Code of Conduct.
Appointment of the Scottish Parliamentary Standards Commissioner
Appointment to the post of Commissioner is restricted. Members of the Parliament and the staff of the Parliament are ineligible. In addition to this, a person who has been a member of the Parliament or a member of staff of the Parliament during the two years preceding the date the appointment commences is not eligible for appointment. This second restriction is to reduce the possibility of a Commissioner having to consider a complaint concerning matters that occurred when they were a member of the Parliament or member of the Parliament's staff.
Functions of the Commissioner
The Bill creates the post of Scottish Parliamentary Standards Commissioner with the function of investigating whether a member of the Parliament has breached a provision of:
· the Code of Conduct;
· the Members' Interests Order;
· any provision in an Act of the Scottish Parliament that replaces that Order;
· or, any provision of the standing orders of the Parliament. Standing orders regulate the proceedings of the Parliament and are made under section 22 of the Scotland Act 1998.
The Bill (as amended) was passed by the Parliament without a division.
Debt Arrangement and Attachment (Scotland) Bill
Introduced: 7 May 2002 [SP Bill 52]
Introduced by: Jim Wallace (Executive Bill)
Passed: 13 November 2002
Royal Assent: 17 December 2002
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The Debt Arrangement and Attachment (Scotland) Bill was introduced by the Scottish Executive with the stated intention of fulfilling its commitment to provide a workable but humane alternative to the enforcement procedure of poinding and warrant sale and to implement the recommendations of the Working Group on a Replacement for Poinding and Warrant Sales.
Part 1 of the Bill sets out some of the main features of a debt arrangement | 
