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Document 1234

Scottish Parliament: Business Bulletin 48/2003

Author(s): Scottish Parliamentary Corporate Body

Copyright holder(s): Scottish Parliamentary Corporate Body: © Scottish Parliamentary copyright material is reproduced with the permission of the Queen's Printer for Scotland on behalf of the Scottish Parliamentary Corporate Body.

Text

Business Bulletin No. 48/2003
Wednesday 12 March 2003

Contents

Announcements
Section A : Daily Business List
Section B : Business Programme
Section E : Written questions lodged on 11 March 2003
Section F : Motions and Amendments
Section G : Bills: Notices and Amendments
Section H : New Documents
Section K : Progress of Parliamentary Business



Business Bulletin No. 48/2003
Wednesday 12 March 2003

Announcements


SNP Business - Thursday 13 March 2003

Members are advised that there has been a change to the Scottish National Party Business on Thursday 13 March 2003. The debate will now be on motion S1M-4012 - The Current International Situation, and not on Public Services, as previously announced. The text of the motion can be found in Section F in today's Bulletin.

Written Parliamentary Questions

Members are reminded that the last day on which written parliamentary questions can be lodged before dissolution is Monday 17 March 2003.

Royal Assent

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) received Royal Assent on 11 March 2003.



Business Bulletin No. 48/2003
Wednesday 12 March 2003

Section A : Daily Business List


Meetings of Committees

All meetings take place in Committee Chambers, Edinburgh unless otherwise indicated.


Standards Committee

3rd Meeting, 2003

The Committee will meet at 12.45 pm in Committee Room 1

1. Annual report: The Committee will consider a draft annual report.


National Galleries of Scotland Bill Committee

4th Meeting, 2003

The Committee will meet at 1.15 pm in Committee Room 4

1. National Galleries of Scotland Bill: The Committee will take evidence at Consideration Stage from-

Mr Michael Clarke, Project Director, National Galleries of Scotland

Mr Scott Robertson, Project Advisor, National Galleries of Scotland.

2. National Galleries of Scotland Bill: The Committee will consider the Bill at Consideration Stage.


Meeting of the Parliament

9:30 am Time for Reflection - Reverend Donald Reid, of the Diocese of Glasgow and Galloway in the Scottish Episcopal Church; and Director of the Scottish Civic Forum

followed by Parliamentary Bureau Motions-

S1M-4014 Patricia Ferguson on behalf of the Parliamentary Bureau: Business Motion-That the Parliament agrees that, during the Stage 3 proceedings on the Agricultural Holdings (Scotland) Bill, debate on each part of those proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when Stage 3 begins and excluding any periods when the meeting of the Parliament is suspended)-

Groups 1 to 9 - no later than 1 hour 10 minutes

Groups 10 to 17 - no later than 2 hours and 40 minutes

Groups 18 to 20 - no later than 3 hours and 30 minutes

Groups 21 and 22 - no later than 4 hours

Groups 23 to 28 - no later than 5 hours

Motion to pass the Bill - no later than 5 hours and 30 minutes.

followed by Stage 3 of Agricultural Holdings (Scotland) Bill

2:30 pm Continuation of Stage 3 of Agricultural Holdings (Scotland) Bill-

S1M-3867 Ross Finnie: Agricultural Holdings (Scotland) Bill-That the Parliament agrees that the Agricultural Holdings (Scotland) Bill be passed.

The Presiding Officer has selected the following amendment

S1M-3867.1 Alex Fergusson: Agricultural Holdings (Scotland) Bill-As an amendment to motion (S1M-3867) in the name of Ross Finnie, insert at end "but, in doing so, regrets that, despite the worthwhile provisions in the Bill, the pre-emptive right to buy has undermined them; notes that there are indications that land to let is already becoming unavailable; believes that the present arrangement of allowing greater flexibility in the detail of leases between landlord and tenant is imperative for the tenanted sector, and considers certain provisions within the Bill are contrary to the interests of that sector and fail to provide opportunities for the next generation of farming tenants, thus failing to reinvigorate the tenanted sector of agriculture in accordance with the Bill's stated intention."

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business

debate on the subject of-

S1M-3953 Dr Richard Simpson: New Forth Road Bridge Crossing Near Kincardine-That the Parliament welcomes the completion of the A907; notes the current intention of the Scottish Executive to reopen the Stirling to Alloa and Kincardine rail link by 2005 and construct a new Forth road bridge crossing by 2007; further notes the benefits to the economy of Clackmannanshire that will result from these infrastructure improvements; notes, however, that the recent decision for the favoured site of a new acute hospital for Forth Valley to be at the Royal Scottish National Hospital, Larbert, will have significant implications for the road networks to the south of the Forth road crossing, and considers that the Executive should ensure that the design of this network and its date of completion are expedited in order to ensure the safety of patients in Ochil and Stirling constituencies as well as those from the west of Fife.



Business Bulletin No. 48/2003
Wednesday 12 March 2003

Section B : Business Programme


As agreed by the Parliament on 6 March 2003


Thursday 13 March 2003

The Clerk has been advised of the revised topic of the following Scottish National Party business.

9:30 am Scottish National Party Debate on The Current International Situation (for text of motion see S1M-4012 in Section F)

followed by Business Motion

2:30 pm Question Time (for text of questions see Section D of Business Bulletin for Thursday 6 March 2003)

3:10 pm First Minister's Question Time (for text of questions see Section D of Business Bulletin for Tuesday 11 March 2003)

followed by Parliamentary Bureau Motions

3:30 pm Stage 3 of Dog Fouling (Scotland) Bill (for text of motion see S1M-3866 in Section F of Business Bulletin for Monday 10 March 2003)

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-3932 David Mundell: Post Office Card Accounts (for text of motion see S1M-3932 in Section F of Business Bulletin for Monday 10 March 2003)


Wednesday 19 March 2003

9:30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 of Mental Health (Care and Treatment) (Scotland) Bill

2:30 pm Parliamentary Bureau Motions

followed by Continuation of Stage 3 Mental Health (Care and Treatment) (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business


Thursday 20 March 2003

9:30 am Continuation of Stage 3 of Mental Health (Care and Treatment) (Scotland) Bill

followed by Parliamentary Bureau Motions

followed by Business Motion

2:30 pm Question Time

3:10 pm First Minister's Question Time

3:30 pm Continuation of Stage 3 of Mental Health (Care and Treatment) (Scotland) Bill

followed by Motion on Sexual Offences Bill - UK Legislation

Motion on Railways and Transport Safety Bill - UK Legislation

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-3897 Kenneth Gibson: Suicide Emergency Telephone Hotline (for text of motion see S1M-3897 in Section F of Business Bulletin for Monday 17 February 2003)




Business Bulletin No. 48/2003
Wednesday 12 March 2003

Section E : Written questions lodged on 11 March 2003


Questions marked with a triangle (Δ) are initiated by the Scottish Executive in order to facilitate the provision of information to the Parliament.

Questions marked with a triangle (Δ) are initiated by the Scottish Executive in order to facilitate the provision of information to the Parliament.

S1W-34589 Donald Gorrie: To ask the Scottish Executive whether it will encourage and fund colleges to offer business management courses to people with a skill who wish to set up their own business.

S1W-34590 Irene McGugan: To ask the Scottish Executive what action it is taking in the light of the on-going review of the national lottery to ensure that the distribution of lottery money in Scotland meets Scottish needs and priorities.

S1W-34591 Mr Gil Paterson: To ask the Scottish Executive how often the Performance Audit Group carries out inspections of the M876 and M9 and how many inspections the group has carried out on each road.

S1W-34592 Mr Gil Paterson: To ask the Scottish Executive whether any default notices have been issued to Amey Highways Ltd in respect of the clearance of litter from the central reservations, verges and slip roads of the M876 and M9; if so, how many such notices have been issued, when they were issued and whether any payments have been withheld arising from such notices.

S1W-34593 Mr Gil Paterson: To ask the Scottish Executive whether the standard of work carried out by Amey Highways Ltd on the clearance of litter from the central reservations, verges and slip roads of the M876 and M9 is satisfactory.

S1W-34595 Mary Scanlon: To ask the Scottish Executive how many graduate nurses have entered the one-year guarantee scheme and how many have subsequently gained full-time employment.

S1W-34598 Mary Scanlon: To ask the Scottish Executive what action people can take when care provided by local authorities is less than that outlined in their care plans.

S1W-34599 Michael Matheson: To ask the Scottish Executive how many formal requests for information were made in 2002 under the Code of Practice on Access to Scottish Executive Information and how many such requests were rejected and for what reasons.

S1W-34600 Michael Matheson: To ask the Scottish Executive to how many written parliamentary questions in each year since May 1999 it has given an answer that states that the information sought in the question cannot be provided, either in part or in whole, for reasons of commercial confidentiality.

S1W-34601 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-32801 by Cathy Jamieson on 20 December 2002, what outcome there has been from discussions with the five organisations listed on the provision of secure accommodation places.

S1W-34602 Michael Matheson: To ask the Scottish Executive, further to the answer to question S1W-32801 by Cathy Jamieson on 20 December 2002, when the 25 additional secure accommodation places will become available.

S1W-34603 Michael Matheson: To ask the Scottish Executive whether it has finalised plans for accreditation of youth justice programmes and, if so, what these plans are.

S1W-34604 Michael Matheson: To ask the Scottish Executive whether it is consistent with the Sewel convention for the Parliament to be asked to agree that the Sexual Offences Bill be considered by the UK Parliament after the principles of that bill, including that the bill apply to Scotland, have been agreed in the UK Parliament.

S1W-34605 Richard Lochhead: To ask the Scottish Executive how much funding has been allocated to the rates relief scheme for the white fish industry announced on 11 March 2003.

S1W-34606 David Mundell: To ask the Scottish Executive on what road locations road fatalities have occurred in (a) 1999, (b) 2000, (c) 2001 and (d) 2002.

S1W-34607 David Mundell: To ask the Scottish Executive, further to the answer to question S10-6183 by Lewis Macdonald on 9 January 2003, what information it has received about whether the interim analysis of the consultation responses to The Future Development of Air Transport in the United Kingdom has now been completed and, if it has been completed, what action it will take within its responsibilities in the short term.




Business Bulletin No. 48/2003
Wednesday 12 March 2003

Section F : Motions and Amendments


A full list of outstanding motions is available to view each Monday in paper copy at the Chamber Desk or alternatively on the Scottish Parliament web site as Outstanding Motions. The full text of all motions lodged the previous week will appear in the Business Bulletin the following Monday.



Items marked with an asterisk (*) are new or have been altered. Asterisks in the text show the extent of alterations made.

Motions which members wish to be considered for debate as members' business in the Parliament are marked with a hash symbol (#)

*S1M-4014 Patricia Ferguson on behalf of the Parliamentary Bureau: Business Motion-That the Parliament agrees that, during the Stage 3 proceedings on the Agricultural Holdings (Scotland) Bill, debate on each part of those proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when Stage 3 begins and excluding any periods when the meeting of the Parliament is suspended)-

Groups 1 to 9 - no later than 1 hour 10 minutes

Groups 10 to 17 - no later than 2 hours and 40 minutes

Groups 18 to 20 - no later than 3 hours and 30 minutes

Groups 21 and 22 - no later than 4 hours

Groups 23 to 28 - no later than 5 hours

Motion to pass the Bill - no later than 5 hours and 30 minutes

Supported by: Euan Robson*

*S1M-4013 Mr John McAllion: Emergency Debate on Outbreak of War with Iraq-That the Parliament believes that the outbreak of any war with Iraq, which seems imminent, requires an emergency debate in the Parliament and calls on the Presiding Officer to schedule such a debate as soon as any war breaks out, up to and including Monday 31 March 2003.

Supported by: Tommy Sheridan*, Dorothy-Grace Elder*, Donald Gorrie*, Margo MacDonald*, Robin Harper*

*S1M-4012 Mr John Swinney: The Current International Situation-That the Parliament believes that no case for military action against Iraq has been proven; believes that no United Kingdom forces should take part in any military action without a United Nations mandate that specifically authorises such action and is based on clear, compelling and published evidence, and believes that any pre-emptive action by the United States of America and the United Kingdom without such a mandate would be contrary to international law.

*S1M-4011 Patricia Ferguson on behalf of the Parliamentary Bureau: Business Motion-That the Parliament agrees the following programme of business-


Wednesday 19 March 2003

9:30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Stage 3 of Mental Health (Care and Treatment) (Scotland) Bill

followed by Ministerial Statement

2:30 pm Parliamentary Bureau Motions

followed by Continuation of Stage 3 Mental Health (Care and Treatment) (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business


Thursday 20 March 2003

9:30 am Parliamentary Bureau Motions

followed by Continuation of Stage 3 of Mental Health (Care and Treatment) (Scotland) Bill

followed by Business Motion

2:30 pm Question Time

3:10 pm First Minister's Question Time

3:30 pm Continuation of Stage 3 of Mental Health (Care and Treatment) (Scotland) Bill

followed by Motion on Sexual Offences Bill - UK Legislation

Motion on Railways and Transport Safety Bill - UK Legislation

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business - debate on the subject of S1M-3897 Kenneth Gibson: Suicide Emergency Telephone Hotline


Wednesday 26 March 2003

9:30 am Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

2:30 pm Parliamentary Bureau Motions

followed by Stage 3 of Council of Law Society of Scotland Bill

followed by Stage 3 of Commissioner for Children and Young People (Scotland) Bill

followed by Final Stage of National Galleries of Scotland Bill

followed by Stage 3 of Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

followed by Parliamentary Bureau Motions

5:00 pm Decision Time

followed by Members' Business


Thursday 27 March 2003

9:30 am Parliamentary Bureau Motions

followed by Executive Business

followed by Members' Business

2:30 pm Question Time

3:10 pm First Minister's Question Time

3:30 pm Executive Business

followed by Parliamentary Bureau Motions

4:00 pm Decision Time

Supported by: Euan Robson*

*S1M-4010 Patricia Ferguson on behalf of the Parliamentary Bureau: Approval of SSI-That the Parliament agrees that the draft SFGS Farmland Premium Scheme 2003 be approved.

Supported by: Euan Robson*

*S1M-4009 Patricia Ferguson on behalf of the Parliamentary Bureau: Approval of SSI-That the Parliament agrees that the draft Road Traffic (Vehicles Emissions) (Fixed Penalty) (Scotland) Regulations 2003 be approved.

Supported by: Euan Robson*

*S1M-4008 Patricia Ferguson on behalf of the Parliamentary Bureau: Approval of SSI-That the Parliament agrees that the draft Landfill (Scotland) Regulations 2003 be approved.

Supported by: Euan Robson*

*S1M-4007 Patricia Ferguson on behalf of the Parliamentary Bureau: Approval of SSI-That the Parliament agrees that the draft General Commissioners of Income Tax (Expenses) (Scotland) Regulations 2003 be approved.

Supported by: Euan Robson*

*S1M-4006 Linda Fabiani: South Lanarkshire Secondary Schools PPP Proposal-That the Parliament shares the concerns of parents and pupils in East Kilbride with regard to South Lanarkshire Council's public private partnership proposal for secondary schools which, if implemented, will lead to 75% of resultant school closures being in East Kilbride, where 50% of secondary schools will be lost resulting in school rolls amongst the highest in Scotland and to considerably longer school journey times for pupils owing to the locations of the proposed schools; notes that the council's financial proposal is underpinned by the closure of St Bride's High School, academically the highest-performing school in South Lanarkshire, in order that its site can be sold for development; recognises the further concern of parents in East Kilbride that the consultation process by South Lanarkshire Council is inadequate, and calls on the council and the Minister for Finance and Public Services, in consideration of the local community's deep-felt anxiety on this issue, to reconsider this deeply flawed proposal.

S1M-4005 William Symington and the Charlotte Dundas (lodged on 10 March 2003) Stewart Stevenson*, Michael Matheson*, Irene McGugan*, Alex Neil*, Christine Grahame*

S1M-4002 Partick Bulk Uplift Service (lodged on 6 March 2003) Michael Matheson*

S1M-4001 GreenCity Wholefoods 25th Anniversary (lodged on 6 March 2003) Michael Matheson*

S1M-3999# Promotion for First Division Champions (lodged on 6 March 2003) Scott Barrie*, Michael Matheson*, Alex Neil*, Mr Keith Harding*

S1M-3997 T in the Park (lodged on 5 March 2003) Brian Fitzpatrick*, Scott Barrie*, Mr Keith Harding*

S1M-3996# Spring Day in Europe (lodged on 5 March 2003) Brian Fitzpatrick*

S1M-3995# Lochgelly High School Pipe Bands and Drum Corps - Congratulations (lodged on 5 March 2003) Phil Gallie*

S1M-3993 Proposed Redundancies at Solectron, Dunfermline (lodged on 5 March 2003) Mr Duncan McNeil*

S1M-3993.1 Proposed Redundancies at Solectron, Dunfermline (lodged on 6 March 2003) Alex Neil*

S1M-3990 Nursery Nurses (lodged on 5 March 2003) Alex Neil*, Christine Grahame*

S1M-3989 UNESCO World Book Day 6 March 2003 (lodged on 5 March 2003) Cathie Craigie*, Scott Barrie*

S1M-3989.1 UNESCO World Book Day 6 March 2003 (lodged on 10 March 2003) Michael Matheson*, Irene McGugan*, Alex Neil*, Christine Grahame*

S1M-3988 Maternity and Paediatric Services at the Inverclyde Royal Hospital, Greenock (lodged on 4 March 2003) Alex Neil*

S1M-3987# International Women's Day (lodged on 4 March 2003) Brian Fitzpatrick*, Christine Grahame*, Johann Lamont*

S1M-3974 Staff of the Parliament (lodged on 3 March 2003) Mr Duncan McNeil*, Irene McGugan*, Christine Grahame*, Johann Lamont*, Mr Keith Harding*

S1M-3973 Regulation of Private Security Industry (lodged on 3 March 2003) Christine Grahame*

S1M-3972# Jack Vettriano - Award of Honorary Doctorate by St Andrew's University (lodged on 3 March 2003) Irene McGugan*, Mr Keith Harding*

S1M-3969# 20th Anniversary of the Recognition of HIV/AIDS (lodged on 27 February 2003) Christine Grahame*

S1M-3964# No Smoking Day 2003 (lodged on 26 February 2003) Mrs Margaret Smith*, Christine Grahame*

S1M-3960 700th Anniversary of the Battle of Roslin (lodged on 26 February 2003) Christine Grahame*

S1M-3915# Sabhal Mor Ostaig Awarded Queen's Anniversary Prize (lodged on 18 February 2003) Fergus Ewing*

*S1M-3867.1 Alex Fergusson: Agricultural Holdings (Scotland) Bill-As an amendment to motion (S1M-3867) in the name of Ross Finnie, insert at end "but, in doing so, regrets that, despite the worthwhile provisions in the Bill, the pre-emptive right to buy has undermined them; notes that there are indications that land to let is already becoming unavailable; believes that the present arrangement of allowing greater flexibility in the detail of leases between landlord and tenant is imperative for the tenanted sector, and considers certain provisions within the Bill are contrary to the interests of that sector and fail to provide opportunities for the next generation of farming tenants, thus failing to reinvigorate the tenanted sector of agriculture in accordance with the Bill's stated intention."



Business Bulletin No. 48/2003
Wednesday 12 March 2003

Section G: Bills: Notices and Amendments


New amendments to Bills lodged on 11 March 2003

Agricultural Holdings (Scotland) Bill - Stage 3

The following amendment was lodged as a manuscript amendment under Rule 9.10.6. The Presiding Officer has agreed under that Rule that this amendment may be moved at the meeting of the Parliament on 12 March 2003.

Section 31

Fergus Ewing

79A As an amendment to amendment 79, line 2, leave out from first <the> to end of line 3 and insert <(if at all) the seller would, in the normal course of events, have a reasonable expectation of becoming entitled to recover vacant possession through the termination of the 1991 Act tenancy, having regard to-

(i) the age of the tenant; and

(ii) which persons (if any) would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the Succession (Scotland) Act 1964 (c.41);>

Mental Health (Care and Treatment) (Scotland) Bill - Stage 3

Section A1

Malcolm Chisholm

31 In section A1, page 2, line 23, at end insert <; and

(b) the importance of providing such information to any carer of the patient as might assist the carer to care for the patient.>

Malcolm Chisholm

32 In section A1, page 2, line 34, leave out <57A> and insert <57A(2)>

Section B1

Malcolm Chisholm

33 In section B1, page 3, line 34, at end insert-

<( ) Subsections (8) to (10) of section A1 of this Act shall apply for the purpose of subsection (5)(a) above as they apply in relation to subsection (3) of that section.>

After section 19

Margaret Jamieson

34 After section 19, insert-

<Provision of services and accommodation: children and young people

(1) A Health Board shall provide for any child or young person who-

(a) is detained in hospital under Part 5 or 6 of this Act; or

(b) has been admitted to hospital, whether voluntarily or not, for the purposes of receiving treatment for a mental disorder,

such services and accommodation as are sufficient for the particular needs of that child or young person.

(2) In this section, "child or young person" means a person under the age of 18 years.>

Section 88

Malcolm Chisholm

35 In section 88, page 68, line 26, leave out from <; and> to end of line 28

Section 89

Malcolm Chisholm

36 In section 89, page 69, line 24, leave out from <; and> to end of line 26

Section 90

Malcolm Chisholm

37 In section 90, page 70, line 34, leave out <does> and insert <shall>

Malcolm Chisholm

38 In section 90, page 71, line 9, leave out <subject to subsection (3A) below,>

Malcolm Chisholm

39 In section 90, page 71, line 10, leave out <does> and insert <shall>

Malcolm Chisholm

40 In section 90, page 71, line 13, leave out subsection (3A)

Malcolm Chisholm

41 In section 90, page 71, line 17, at end insert-

<(ii) a series of events; or>

Malcolm Chisholm

42 In section 90, page 71, line 18, after <event> insert <; or

(ii) a series of events,>

Malcolm Chisholm

43 In section 90, page 71, line 22, leave out from <be> to end of line 23 and insert <include conditions such as are mentioned in subsection (5) below; and any such conditions shall have effect.>

Malcolm Chisholm

44 In section 90, page 71, line 28, leave out <others> and insert <other conditions>

Malcolm Chisholm

45 In section 90, page 71, line 30, after <days> insert <; or

(b) a period which, when taken together with the period specified in any other certificate granted under that subsection, would exceed 28 days>

Malcolm Chisholm

46 In section 90, page 71, line 31, at end insert <the persons mentioned in subsection (6A) below.

(6A) Those persons are>

Section 90A

Malcolm Chisholm

47 In section 90A, page 72, line 4, leave out <(g)> and insert <(h)>

Malcolm Chisholm

48 In section 90A, page 72, line 7, leave out <does> and insert <shall>

Malcolm Chisholm

49 In section 90A, page 72, line 18, leave out <of the proposal to> and insert <to the persons mentioned in subsection (3A) below of-

(a) the measures and the period that the responsible medical officer proposes to specify in the certificate; and

(b) the responsible medical officer's reasons for proposing to specify those measures.

(3A) Those persons are>

Malcolm Chisholm

50 In section 90A, page 72, line 24, leave out <of it to the Commission> and insert <to the Commission of-

(a) the granting of the certificate;

(b) the measures and the period specified in the certificate; and

(c) the responsible medical officer's reasons for specifying those measures.>

Section 91

Malcolm Chisholm

51 In section 91, page 72, line 26, at beginning insert <Subsection (1A) below applies>

Malcolm Chisholm

52 In section 91, page 72, line 27, leave out <and> and insert-

<(1A) If>

Malcolm Chisholm

53 In section 91, page 72, line 31, at beginning insert <that the certificate be revoked,>

Malcolm Chisholm

54 In section 91, page 73, line 4, leave out <of it>

Malcolm Chisholm

55 In section 91, page 73, line 5, at end insert <of-

(a) the revocation; and

(b) the responsible medical officer's reasons for revoking the certificate.>

Section 193

Malcolm Chisholm

56 In section 193, page 186, line 33, leave out <postal operator concerned> and insert <relevant carrier>

Malcolm Chisholm

57 In section 193, page 186, leave out line 38

Malcolm Chisholm

58 In section 193, page 187, line 3, leave out <hospital managers> and insert <managers of the hospital>

Malcolm Chisholm

59 In section 193, page 187, leave out lines 9 and 10 and insert <or

( ) the specified person's responsible medical officer.>

Malcolm Chisholm

60 In section 193, page 187, line 14, leave out from <or> to end of line 15 and insert <, National Assembly for Wales or Northern Ireland Assembly;

( ) any member of the European Parliament elected for the United Kingdom;

( ) the Commission or any of its members;>

Malcolm Chisholm

61 In section 193, page 187, line 22, at end insert-

<(jb) a Special Health Board;

(jc) a National Health Service trust;

(jd) any person who, to the knowledge of the managers of the hospital in which the specified person is detained, is providing independent advocacy services to the specified person under section 182 of this Act;>

Malcolm Chisholm

62 In section 193, page 187, line 28, leave out <detained in a state hospital>

Malcolm Chisholm

63 In section 193, page 187, line 30, after <hospital> insert <in which the specified person is detained>

Malcolm Chisholm

64 In section 193, page 187, line 31, after second <the> insert <health or>

Malcolm Chisholm

65 In section 193, page 188, line 2, leave out from <and> to <(c.26)> in line 3 and insert <has the meaning given by section 125 of the Postal Services Act 2000 (c.26);

"relevant carrier" means-

(a) the postal operator (as defined in that section of that Act); or

(b) the person other than a person mentioned in paragraph (a) above,

who is to receive or collect the postal packet for the purpose of its being conveyed and delivered;>

Section 196

Malcolm Chisholm

66 In section 196, page 190, line 29, after <(i)> insert <, (ja) to (jd)>

Section 197

Malcolm Chisholm

67 In section 197, page 192, line 9, leave out <subsection (1) above> and insert <this section>

Schedule 2

Malcolm Chisholm

68 In schedule 2, page 229, line 15, leave out from beginning to <below,> in line 16 and insert <Subject to sub-paragraph (2B) below, and to any rules made under paragraph 9(1) below, a tribunal constituted under sub-paragraph (1) above shall>




Business Bulletin No. 48/2003
Wednesday 12 March 2003

Section H : New Documents


Subordinate Legislation

Negative Instruments

The following instruments were laid before the Parliament on 11 March 2003 and are subject to annulment-

The Non-Domestic Rates (Levying) (Scotland) Regulations 2003 (SSI 2003/160)

laid under section 153(6) of the Local Government etc. (Scotland) Act 1994

The Anti-Pollution Works (Scotland) Regulations 2003 (SSI 2003/168)

laid under section 104(1)(b) of the Control of Pollution Act 1974

The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment regulations 2003 (SSI 2003/169)-

The Waste Management Licensing Amendment (Scotland) Regulations 2003 (SSI 2003/171)-

The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (SSI 2003/174)-

laid under paragraph 2(2) of schedule 2 to the European Communities Act 1972

The Waste Incineration (Scotland) Regulations 2003 (SSI 2003/170)

laid under section 2(7) of the Pollution Prevention and Control Act 1999

The Police Grant (Scotland) Order 2003 (SSI 2003/172)

laid under section 32(8) of the Police (Scotland) Act 1967

The Financial Assistance for Environmental Purposes (Scotland) Order 2003 (SSI 2003/173)

laid under section 161(3) of the Environmental Protection Act 1990

The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003 (SSI 2003/175)

laid under section 80(5) of the Planning and Compensation Act 1991

The Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 (SSI 2003/176)

laid under section 113(3) of the Local Government Finance Act 1992

The Rural Stewardship Scheme (Scotland) Amendment Regulations 2003 (SSI 2003/177)

laid under section 98(3) of the Environment Act 1995

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 (SSI 2003/178)

laid under section 37(1) of the Legal Aid (Scotland) Act 1986

Committee Reports

The following Report is being published on 12 March 2003

Equal Opportunities Committee, 1st Report 2003: Report on Mainstreaming equality in the work of committees of the Scottish Parliament (SP Paper 817)

European Documents

Members wishing to see a list of EC/EU documents and legislative proposals received in the Parliament should contact the clerk to the European Committee (europe@scottish.parliament.uk). Members are reminded that a complete set of all documents received is held by SPICe and copies can be made available on request. Additionally, SPICe holds a set of Briefing Papers produced primarily for MEPs covering the views of the UK Government on proposals for EC/EU legislation. Finally, the Parliament now receives copies of agendas in advance of each Council of the EU meeting (formerly known as the Council of Ministers) and post-Council reports. These and the Briefing Papers are available to all MSPs and parliamentary staff. Copies can be obtained on the SPICe page of the Parliament's intranet http://intranet/.



Business Bulletin No. 48/2003
Wednesday 12 March 2003

Section K : Progress of Parliamentary Business


For further information on the progress of Bills, subordinate legislation and committees shown in this section, please contact either the relevant clerk or web site (end of Section for addresses)

Bills in Progress

Note: Where a Bill is listed below with a date for Stage 2 (or for a day at that Stage), the deadline for lodging amendments for that Stage (or that day) is 2.00 pm, two sitting days earlier (e.g. 2.00 pm on Monday for a Stage 2 meeting on Wednesday). Where a Bill is listed with a date for Stage 3, the deadline is 4.30 pm, three sitting days earlier. Amendments should be lodged with the clerks to the Stage 2 committee. (Equivalent deadlines apply in relation to the Consideration and Final Stages of Private Bills.)

Agricultural Holdings (Scotland) Bill

Stage 3 (debate, meeting of the Parliament) 12 March

Budget (Scotland) (No.4) Bill

Passed 13 February

Building (Scotland) Bill

Passed 20 February

Commissioner for Children and Young People (Scotland) Bill

Stage 2 completed 4 February

Council of the Law Society of Scotland Bill

Stage 2 completed 18 February

Criminal Justice (Scotland) Bill

Passed 20 February

Dog Fouling (Scotland) Bill

Stage 3 (debate, meeting of the Parliament) 13 March

Gaelic Language (Scotland) Bill

Stage 1 completed 6 March

Homelessness etc. (Scotland) Bill

Passed 5 March

Mental Health (Care and Treatment) (Scotland) Bill

(introduced as Mental Health (Scotland) Bill)

Stage 3 (Day 1, meeting of the Parliament) 19 March

Stage 3 (Day 2, meeting of the Parliament) 20 March

National Galleries of Scotland Bill

Consideration Stage (National Galleries of Scotland Bill Committee) 12 March

Protection of Children (Scotland) Bill

Passed 12 February

Public Appointments and Public Bodies etc. (Scotland) Bill

Royal Assent received 11 March

Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill

Consideration Stage report to be published 14 March

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill

Stage 2 completed 25 February

Title Conditions (Scotland) Bill

Passed 26 February



Subordinate legislation in progress

(date of laying) (Lead Committee)

Affirmative Instruments

Subject to approval by resolution by 22 March 2003

The draft SFGS Farmland Premium Scheme 2003 (11 February 2003) (Rural Development)

Subject to approval by resolution by 23 March 2003

The draft General Commissioners of Income Tax (Expenses) (Scotland) Regulations 2003 (12 February 2003) (Justice 2)

Subject to approval by resolution by 24 March 2003

The draft Landfill (Scotland) Regulations 2003 (13 February 2000) (Transport and the Environment)

The draft Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 (13 February 2003) (Transport and the Environment)

Subject to approval by resolution by 13 May 2003

The draft Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (27 February 2003) (Justice 1)

Subject to approval by resolution by 17 May 2003

The draft General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (3 March 2003) (Health and Community Care)

Negative Instruments

Subject to annulment by 15 March 2003

The Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2003 (SSI 2003/54) (4 February 2003) (Social Justice)

The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 (SSI 2003/56) (4 February 2003) (Rural Development)

Subject to annulment by 17 March 2003

The Community Care and Health (Scotland) Act 2002 (Transitional Provisions) Order 2003 (SSI 2003/63) (6 February 2003) (Health and Community Care)

The National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003 (SSI 2003/64) (6 February 2003) (Health and Community Care)

The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2003 (SSI 2003/65) (6 February 2003) (Transport and the Environment)

The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment Order 2003 (SSI 2003/66) (6 February 2003) (Rural Development)

Subject to annulment by 18 March 2003

The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2003 (SSI 2003/55) (7 February 2003) ) (Health and Community Care)

The Registration of Foreign Adoptions (Scotland) Regulations 2003 (SSI 2003/67) (7 February 2003) (Education, Culture and Sport)

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2003 (SSI 2003/69) (7 February 2003) (Health and Community Care)

The Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003 (SSI 2003/70) (7 February 2003) (Transport and the Environment)

The Road Traffic (Parking Adjudicators) (Aberdeen City Council) Regulations 2003 (SSI 2003/71) (7 February 2003) (Transport and the Environment)

The Parking Attendants (Wearing of Uniforms) (Aberdeen City Council Parking Area) Regulations 2003 (SSI 2003/72) (7 February 2003) (Transport and the Environment)

The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2002 (SSI 2003/73) (7 February 2003) (Local Government)

Subject to annulment by 21 March 2003

The Schools (Scotland) Code Amendment Regulations 2003 (SSI 2003/75) (10 February 2003) (Education, Culture and Sport)

Subject to annulment by 24 March 2003

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2003 (SSI 2003/79) (13 February 2003) (Rural Development)

Subject to annulment by 25 March 2003

The Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2003 (SSI 2003/85) (14 February 2003) (Transport and the Environment)

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003 (SSI 2003/86) (14 February 2003) (Health and Community Care)

Subject to annulment by 28 March 2003

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2003 (SSI 2003/88) (17 February 2003) (Rural Development)

The Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 2003 (SSI 2003/89) (17 February 2003) (Justice 2)

Subject to annulment by 7 May 2003

The Sheriff Court Fees Amendment Order 2003 (SSI 2003/97) (21 February 2003) (Justice 2)

Subject to annulment by 10 May 2003

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Amendment Order 2003 (SSI 2003/100) (24 February 2003) (Rural Development)

Subject to annulment by 12 May 2003

Feeding Stuffs (Scotland) Amendment Regulations 2003 (SSI 2003/101) (26 February 2003) (Health and Community Care)

Subject to annulment by 14 May 2003

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2003 (SSI 2003/118) (28 February 2003) (Rural Development)

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 20003 (SSI 2003/119) (28 February 2003) (Local Government)

Subject to annulment by 17 May 2003

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Stipulated Time Limit) Order 2003 (SSI 2003/122) (3 March 2003) (Local Government)

Subject to annulment by 18 May 2003

The Non-Domestic Rate (Scotland) Order 2003 (SSI 2003/123) (4 March 2003) (Local Government)

The Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Amendment Order 2003 (SSI 2003/128) (4 March 2003) (Transport and the Environment)

The Less Favoured Area Support Scheme (Scotland) Regulations 2003 (SSI 2003/129) (4 March 2003) (Rural Development)

Subject to annulment by 19 May 2003

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2003 (SSI 2003/130) (5 March 2003) (Health and Community Care)

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2003 (SSI 2003/131) (5 March 2003) (Health and Community Care)

The Miscellaneous Food Additives (Amendment) (Scotland) Regulations 2003 (SSI 2003/132) (5 March 2003) (Health and Community Care)

Subject to annulment by 20 May 2003

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2003 (SI 2003/.407 (S.3) (6 March 2003) (Social Justice)

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Register of Interests) Regulations 2003 (SSI 2003/135) (6 March 2003) (Local Government)

The Council Tax (Liability of Owners) (Scotland) Amendment Regulations 2003 (SSI 2003/137) (6 March 2003) ) (Local Government)

The Local Government Pension Scheme (Management and Investment of Funds) (Scotland) Amendment Regulations 2003 (SSI 2003/138) (6 March 2003) ) (Local Government)

Subject to annulment by 21 May 2003

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Scotland) Regulations 2003 (SSI 2003/139) (7 March 2003)

The Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Order 2003 (SSI 2003/140) (7 March 2003)

The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2003 (SSI 2003/141) (7 March 2003) (Local Government)

The Non-Domestic Rating (Former Agricultural Premises) (Scotland) Order 2003 (SSI 2003/142) (7 March 2003) (Local Government)

The Valuation (Stud Farms) (Scotland) Order 2003 (SSI 2003/143) (7 March 2003) (Local Government)

The Cinematograph (Safety) (Scotland) Amendment Regulations 2003 (SSI 2003/144) (7 March 2003)

The Fish Labelling (Scotland) Regulations 2003 (SSI 2003/145) (7 March 2003)

Subject to annulment by 24 May 2003

The Pollution Prevention and Control (Scotland) Amendment Regulations 2003 (SSI 2003/146) (10 March 2003)

The Council Tax (Supply of Information) (Scotland) Regulations 2003 (SSI 2003/147) (10 March 2003)

The Regulation of Care (Registration and Registers) (Scotland) Amendment Regulations 2003 (SSI 2003/148) (10 March 2003)

The Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2003 (SSI 2003/149) (10 March 2003)

The Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003 (SSI 2003/150) (10 March 2003)

The Regulation of Care (Applications and Provision of Advice) (Scotland) Amendment Order 2003 (SSI 2003/151) (10 March 2003)

The Regulation of Care (Fees) (Scotland) Order 2003 (SSI 2003/152) (10 March 2003)

The NHS Health Scotland (Transfer of Officers) Regulations 2003 (SSI 2003/153) (10 March 2003)

The Health Education Board for Scotland Amendment Order 2003 (SSI 2003/154) (10 March 2003)

The Adults with Incapacity (Management of Residents' Finances) (Scotland) Regulations 2003 (SSI 2003/155) (10 March 2003)

The National Assistance (Assessment of Resources) Amendment (No.2) (Scotland) Regulations 2003 (SSI 2003/156) (10 March 2003)

The National Health Service (Dental Charges) (Scotland) Regulations 2003 (SSI 2003/158) (10 March 2003)

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2003 (SSI 2003/162) (10 March 2003)

The Advice and Assistance (Scotland) Amendment Regulations 2003 (SSI 2003/163) (10 March 2003)

The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2003 (SSI 2003/164) (10 March 2003)

The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2003 (SSI 2003/165) (10 March 2003)

The Prohibition of Fishing with Multiple Trawls (No.2) (Scotland) Amendment Order 2003 (SSI 2003/166) (10 March 2003)

Subject to annulment by 25 May 2003

The Non-Domestic Rates (Levying) (Scotland) Regulations 2003 (SSI 2003/160) (11 March 2003)

The Anti-Pollution Works (Scotland) Regulations 2003 (SSI 2003/168) (11 March 2003)

The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment regulations 2003 (SSI 2003/169) (11 March 2003)

The Waste Management Licensing Amendment (Scotland) Regulations 2003 (SSI 2003/171) (11 March 2003)

The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (SSI 2003/174) (11 March 2003)

The Waste Incineration (Scotland) Regulations 2003 (SSI 2003/170) (11 March 2003)

The Police Grant (Scotland) Order 2003 (SSI 2003/172) (11 March 2003)

The Financial Assistance for Environmental Purposes (Scotland) Order 2003 (SSI 2003/173) (11 March 2003)

The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003 (SSI 2003/175) (11 March 2003)

The Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 (SSI 2003/176) (11 March 2003)

The Rural Stewardship Scheme (Scotland) Amendment Regulations 2003 (SSI 2003/177) (11 March 2003)

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 (SSI 2003/178) (11 March 2003)


Committee Business

Dates indicate when the next meeting is due to take place by each Committee.

Audit 18 March

Education, Culture and Sport 17 March

Enterprise and Lifelong Learning 18 March

Equal Opportunities No date established

European 25 March

Finance No date established

Health and Community Care 18 March

Justice 1 18 March

Justice 2 18 March

Local Government 25 March

National Galleries of Scotland Bill See Section A

Procedures 18 March

Public Petitions 18 March

Robin Rigg Offshore Wind Farm (Navigation and Fishing)

(Scotland) Bill 26 March

Rural Development 18 March

Social Justice 25 March

Standards See Section A

Subordinate Legislation 18 March

Transport and Environment 18 March



[CENSORED: table inserted here in original giving contct information]

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Scottish Parliament: Business Bulletin 48/2003

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