Section G: Bills

New Bills introduced or reprinted on 27 November 2012

Post-16 Education (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make provision about the support for, and the governance of, further and higher education institutions, including provision for the regionalisation of colleges; to make provision for reviews of how further and higher education is provided; to make provision for sharing information about young people’s involvement in education and training; and for connected purposes. (SP Bill 18) (Government Bill)

Introduced by: Michael Russell

Explanatory Notes (and other accompanying documents) (SP Bill 18-EN) and a Policy Memorandum (SP Bill 18-PM) were printed to accompany the Bill.


New amendments to Bills lodged on 27 November 2012

Freedom of Information (Amendment) (Scotland) Bill – Stage 2

Section 1

Nicola Sturgeon

1 Leave out section 1

After section 1

Nicola Sturgeon

2 After section 1, insert—

<Designation of authorities

(1) In section 5 (further power to designate Scottish public authorities) of the FOI Act, for subsection (5) there is substituted—

“(5) Before making an order under subsection (1), the Scottish Ministers must—

(a) consult—

(i) every person to whom the order relates, or

(ii) persons appearing to them to represent such persons, and

(b) also consult such other persons as they consider appropriate.”.

(2) After section 7 of the FOI Act there is inserted—

7A Reports on section 5 power

(1) In accordance with this section, the Scottish Ministers must lay before the Parliament reports about the exercise of the section 5 power.

(2) The first report is to be laid on or before 30 June 2016.

(3) Each subsequent report is to be laid no later than 3 years after the date on which the previous report is laid.

(4) The first or a subsequent report must—

(a) state whether the section 5 power has been exercised during the reporting period, and

(b) as the case may be—

(i) explain how the power has been exercised during the reporting period (and why), or

(ii) give the reason for leaving the power unexercised during the reporting period.

(5) The first or a subsequent report may—

(a) summarise any response to a consultation carried out during the reporting period as regards the exercise of the section 5 power,

(b) indicate any intention to exercise the power in the future,

(c) include such additional information as the Scottish Ministers consider appropriate.

(6) In this section—

“laid” means laid before the Parliament,

“reporting period” means—

(a) in the case of the first report, period of at least 3 years preceding the date on which the first report is laid,

(b) in the case of a subsequent report, period of time from the date on which the previous report is laid until the date on which the subsequent report is laid,

“section 5 power” means order-making power conferred by section 5(1).”.>

Section 4

Nicola Sturgeon

3 In section 4, page 2, line 10, leave out <after subsection (1) there is inserted> and insert—

<( ) in subsection (1), the words “subsection (1) of section 57 or” are repealed,

( ) after subsection (1) there is inserted—

“(1ZA) The Scottish Ministers may by order—

(a) make provision modifying any rule in accordance with which a record becomes a “historical record” for the purposes of this Part, and

(b) do so by amending this Part or otherwise.

(1ZB) Provision by virtue of subsection (1ZA) may (in particular) state that a record becomes such a “historical record”—

(a) in relation to the exemption under section 41(a), at the end of—

(i) a specified period (not exceeding 30 years) beginning with the date on which the record is created or a particular date in the calendar year following that date, or

(ii) a specified period (not exceeding 30 years) beginning with the occurrence of an event apart from the creation of the record,

(b) in relation to any other exemption under Part 2, at the end of a specified period (not exceeding 30 years) beginning with the date on which the record is created or a particular date in the calendar year following that date.>

Nicola Sturgeon

4 In section 4, page 2, line 11, after <(1)> insert <or (1ZA)>

Nicola Sturgeon

5 In section 4, page 2, line 14, at end insert—

<( ) in subsection (2)—

(i) after the words “subsection (1)” there is inserted “or (1ZA)”,

(ii) for the words “transitional provisions and savings” there is substituted “supplemental, incidental, consequential, transitional, transitory or saving provision”.>

Nicola Sturgeon

6 In section 4, page 2, line 14, at end insert—

<( ) In section 72 (orders and regulations) of the FOI Act, after the words “59(1)” in subsection (2)(b) there is inserted “or (1ZA)”.>

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