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10 June 2025
SPBill17BS062025
Care homes 40 Visits to or by care home residents (1) The Public Services Reform (Scotland) Act 2010 is modified as follows. 25 (2A) After section 78 insert— “Regulations under section 78: visits to and by adult care home residents 78A Identification of Essential Care Supporter (1) The Scottish Ministers must exercise the power under section 78(2) to impose a duty on providers of care home services for adults to— 30 (a) identify for every resident of accommodation provided by the care home service at least one individual as an Essential Care Supporter, unless— (i) doing so would be contrary to the resident’s wishes, or (ii) nobody can be identified who is able and willing to be the resident’s Essential Care Supporter, and 35 (b) maintain a record of the Essential Care Supporters identified. 10 Care Reform (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (2) The Scottish Ministers must set out in regulations under section 78(2)— (a) the criteria to be applied in determining who a resident’s Essential Care Supporter is, and (b) the consultative process with the resident and others by which that 5 determination is to be made. (3) The duty described by subsection (1) must be framed so that a provider of a care home service must have regard to the code published under section 78C in carrying out the duty. 78B Right to visits: care home residents 10 (1) The Scottish Ministers must exercise the power under section 78(2) to impose 1 a duty on providers of care home services for adults to facilitate visits— (a) to residents of accommodation provided by the care home service (“internal visits”), (b) by residents of accommodation provided by the care home service 15 (“external visits”). (2) The duty must be framed so that a provider of a care home service may only suspend visits (specifically or generally) if the provider has reasonable cause to believe that it is essential to do so to prevent a serious risk to the life, health or wellbeing of— 20 (a) in the case of internal visits, persons at the accommodation, (b) in the case of external visits (either or both)— (i) persons at the accommodation, or (ii) persons at the place where the visit would take place, but for the suspension. 25 (3) The duty must also be framed so that, where a provider of a care home service has suspended visits due to a serious risk of a kind described in subsection (2), the provider must take all reasonable steps to eliminate or substantially mitigate the risk so that the suspension of visits can be lifted as soon as practicable. 30 (4) The duty must also be framed so that, even in cases where a provider of a care home service has reasonable cause to believe that suspending visits is essential to prevent a serious risk, the provider must continue to facilitate visits to or by a resident if— (a) either— 35 (i) the provider has reasonable cause to believe that, before the suspension of visits is lifted, the resident will have— (A) died, or (B) undergone, or begun to undergo, a significant deterioration in physical or mental condition, or 11 Care Reform (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (ii) the provider has reasonable cause to believe that— (A) the suspension of visits is causing, or is likely to cause, serious harm to the resident’s health or wellbeing, and (B) that harm outweighs the serious risk, and 5 (b) the resident and the person visiting, or being visited by, the resident agree to take any action or precaution that the provider reasonably considers would mitigate the serious risk to any extent (other than a negligible one). (5) The duty must also be framed so as to create a presumption that the suspension 10 of visits to a resident by the resident’s Essential Care Supporter is likely to 1 cause serious harm to the resident’s health or wellbeing. (6) Subsection (4) does not preclude the duty from being framed so as to include other circumstances in which visits to or by a resident must continue to be facilitated. 15 (7) The duty must also be framed so that a provider of a care home service must have regard to the code published under section 78C in carrying out the duty. (8) Facilitating external visits, as mentioned in subsection (1), does not entail a provider of a care home service— (a) taking, or accompanying, a resident somewhere outwith accommodation 20 provided by the care home service, or (b) arranging or paying for someone else to do so. 78BA Further provision to be made in connection with sections 78A and 78B (1) The Scottish Ministers must exercise the power under section 78(2) to impose a duty on the providers of care home services for adults to— 25 (a) review, following a valid request, its decision about the suspension of internal or external visits, (b) notify SCSWIS when the provider suspends internal or external visits. (2) The duties described by subsection (1) must be framed— (a) to define what constitutes a valid request to a provider for the purposes 30 of the duty, (b) so that a provider of a care home service must have regard to the code published under section 78C in carrying out the duties. (3) Subsection (1)(b) does not preclude the duty from being framed so as to create exceptions to the requirement to notify SCSWIS in relation to the suspension 35 of internal or external visits. (4) In this section— (a) references to internal and external visits are to be construed in accordance with section 78B(1), (b) references to suspending them cover doing so specifically or generally. 12 Care Reform (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care 78C Code of practice on care home residents’ right to visits (1) The Scottish Ministers must prepare a code of practice providing guidance on fulfilling the duties imposed in accordance with sections 78A(1), 78B(1) and 78BA(1). 5 (2) The code must provide that in fulfilling those duties the following are to be treated as paramount considerations— (a) the importance to residents of visits in— (i) promoting their dignity, (ii) promoting their physical and mental health and emotional 10 wellbeing, and 1 (iii) realising their human rights, (b) the importance of recognising and supporting the vital role that people who are not care home staff (for example close relatives and friends) play, alongside staff, in providing their loved ones with regular care 15 (including companionship, personal support and advocacy). (3) The code may— (a) provide guidance on how to— (i) implement an effective visiting policy, (ii) adapt personal care plans to include residents’ visiting preferences 20 or requirements, (iii) communicate timeously in writing with those affected about any change to visiting arrangements including the reasons for the change, (b) set out what the Scottish Ministers consider constitutes best practice in— 25 (i) facilitating visits, (ii) care home staff working collaboratively with residents and their friends and families to facilitate visits in the way that best supports residents’ needs, (c) give examples of— 30 (i) the means which providers could use to eliminate or mitigate a serious risk of a kind described in section 78B(2), (ii) factors which may be taken into account in making an assessment about whether the harm caused to a resident in suspending visits outweighs the risk, 35 (d) any other guidance relating to fulfilling the duties mentioned in subsection (1) that the Scottish Ministers consider appropriate. (4) The Scottish Ministers must— (a) publish the code in a manner that is accessible to the public within the period of one year beginning with the day on which this section comes 40 into force, 13 Care Reform (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (b) review and, if they consider it appropriate, prepare and publish a new version of the code in such manner as they consider appropriate by the end of each review period, and (c) take such steps as they consider appropriate to promote awareness of 5 the code to providers of care home services for adults. (4A) In carrying out a review of the code, the Scottish Ministers must— (a) have particular regard to any representations that have been made to them about the most recent version of the code by— (i) providers of care home services for adults and their staff, 10 (ii) the residents of accommodation provided by those services, 1 (iii) those residents’ family, friends and other visitors, and (b) invite, and take into account, views from SCSWIS on— (i) whether, since the most recent version of the code was published— (A) any trends have emerged in the suspension of internal or 15 external visits (see section 78B(1)), (B) it has identified any areas of concern, or examples of good practice, in relation to the discharge of the duties imposed in accordance with sections 78A(1), 78B(1) and 78BA(1), (C) meaningful regard is being had to the code by the providers 20 of adult care home services, (ii) what changes to the code would be appropriate. (5) Before publishing any version of the code, the Scottish Ministers must consult— (a) SCSWIS, (b) Public Health Scotland, 25 (c) such persons, or groups of persons, who they consider represent the interests of— (i) providers of care home services for adults, (ii) the residents of accommodation provided by such care home services, and 30 (iii) the families of such residents. (5A) When the Scottish Ministers publish a version of the code, they must also publish an adaptation of that version of the code designed to be understood by people with learning difficulties or other conditions affecting how they process information. 35 (6) In this section, “review period” means the period of 5 years beginning with which the latest version of the code was published. the day on 78D Interpretation of sections 78A to 78C In sections 78A to 78C— “care home service for adults” has the meaning given in section 82F, 14 Care Reform (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care “Essential Care Supporter”, in relation to a resident of accommodation provided by a care home service, means the individual recorded as the resident’s Essential Care Supporter in fulfilment of the duty imposed in accordance with section 78A(1), 5 “provider”, in relation to a care home service, is to be construed in accordance with the definition of “provide” in section 105. 78E Review of operation of duties imposed in accordance with sections 78A to 78BA (1) The Scottish Ministers must prepare, and make publicly available, a report on 10 the operation of the duties imposed on providers of care home services for 1 adults in accordance with sections 78A(1), 78B(1) and 78BA(1). (2) The duty under subsection (1) must be fulfilled within 2 years of this section coming into force.”.
Last updated:
21 February 2024
Minute of the meeting held on 21 November 2023
More general 15-minute exercise sessions can be accessed for free on the Make Movement Your Mission Facebook page and YouTube. 7 Dates of the next meetings th February 6 2024 Proposed theme is ‘Update on Data’ th March 26 2024 Proposed theme is ‘New Initiatives'
Minute of the meeting held on 21 November 2023.
pdf.
application/pdf.
202422.
Official Report
Meeting date:
25 March 2025
Meeting of the Parliament 25 March 2025
For Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Adamson, Clare (Motherwell and Wishaw) (SNP) Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Baker, Claire (Mid Scotland and Fife) (Lab) Balfour, Jeremy (Lothian) (Con) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Bibby, Neil (West Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Briggs, Miles (Lothian) (Con) Burnett, Alexander (Aberdeenshire West) (Con) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Carlaw, Jackson (Eastwood) (Con) Carson, Finlay (Galloway and West Dumfries) (Con) Choudhury, Foysol (Lothian) (Lab) Clark, Katy (West Scotland) (Lab) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dowey, Sharon (South Scotland) (Con) Dunbar, Jackie (Aberdeen Donside) (SNP) Eagle, Tim (Highlands and Islands) (Con) Ewing, Annabelle (Cowdenbeath) (SNP) Ewing, Fergus (Inverness and Nairn) (SNP) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Gallacher, Meghan (Central Scotland) (Con) Gibson, Kenneth (Cunninghame North) (SNP) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Gougeon, Mairi (Angus North and Mearns) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Grant, Rhoda (Highlands and Islands) (Lab) Gray, Neil (Airdrie and Shotts) (SNP) Greene, Jamie (West Scotland) (Con) Griffin, Mark (Central Scotland) (Lab) Gulhane, Sandesh (Glasgow) (Con) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hoy, Craig (South Scotland) (Con) Hyslop, Fiona (Linlithgow) (SNP) Johnson, Daniel (Edinburgh Southern) (Lab) Halcro Johnston, Jamie (Highlands and Islands) (Con) Kerr, Liam (North East Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Lennon, Monica (Central Scotland) (Lab) Leonard, Richard (Central Scotland) (Lab) Lochhead, Richard (Moray) (SNP) Lumsden, Douglas (North East Scotland) (Con) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Proxy vote cast by Rona Mackay Marra, Michael (North East Scotland) (Lab) Martin, Gillian (Aberdeenshire East) (SNP) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) Proxy vote cast by Jamie Hepburn McArthur, Liam (Orkney Islands) (LD) McCall, Roz (Mid Scotland and Fife) (Con) McKee, Ivan (Glasgow Provan) (SNP) McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP) Proxy vote cast by Jamie Hepburn McLennan, Paul (East Lothian) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) McNeill, Pauline (Glasgow) (Lab) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (Lab) Mountain, Edward (Highlands and Islands) (Con) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ross, Douglas (Highlands and Islands) (Con) Rowley, Alex (Mid Scotland and Fife) (Lab) Simpson, Graham (Central Scotland) (Con) Smith, Liz (Mid Scotland and Fife) (Con) Smyth, Colin (South Scotland) (Lab) Somerville, Shirley-Anne (Dunfermline) (SNP) Stevenson, Collette (East Kilbride) (SNP) Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sweeney, Paul (Glasgow) (Lab) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Villalba, Mercedes (North East Scotland) (Lab) Webber, Sue (Lothian) (Con) Wells, Annie (Glasgow) (Con) White, Tess (North East Scotland) (Con) Whitfield, Martin (South Scotland) (Lab) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Yousaf, Humza (Glasgow Pollok) (SNP) Against Burgess, Ariane (Highlands and Islands) (Green) Chapman, Maggie (North East Scotland) (Green) Greer, Ross (West Scotland) (Green) Harvie, Patrick (Glasgow) (Green) Mackay, Gillian (Central Scotland) (Green) Mason, John (Glasgow Shettleston) (Ind) Ruskell, Mark (Mid Scotland and Fife) (Green) Slater, Lorna (Lothian) (Green) The result of the division on amendment S6M-16923.1, in the name of Murdo Fraser, is: For 107, Against 8, Abstentions 0.
Official Report
Meeting date:
18 January 2023
Meeting of the Parliament 18 January 2023
For Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Adamson, Clare (Motherwell and Wishaw) (SNP) Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burgess, Ariane (Highlands and Islands) (Green) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Chapman, Maggie (North East Scotland) (Green) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dunbar, Jackie (Aberdeen Donside) (SNP) Ewing, Annabelle (Cowdenbeath) (SNP) Ewing, Fergus (Inverness and Nairn) (SNP) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Gougeon, Mairi (Angus North and Mearns) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Greer, Ross (West Scotland) (Green) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Kidd, Bill (Glasgow Anniesland) (SNP) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Mason, John (Glasgow Shettleston) (SNP) McAllan, Màiri (Clydesdale) (SNP) McKee, Ivan (Glasgow Provan) (SNP) McLennan, Paul (East Lothian) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) Regan, Ash (Edinburgh Eastern) (SNP) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ruskell, Mark (Mid Scotland and Fife) (Green) Slater, Lorna (Lothian) (Green) Somerville, Shirley-Anne (Dunfermline) (SNP) Stevenson, Collette (East Kilbride) (SNP) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Swinney, John (Perthshire North) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Yousaf, Humza (Glasgow Pollok) (SNP) Against Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Balfour, Jeremy (Lothian) (Con...
Official Report
Meeting date:
13 January 2022
Meeting of the Parliament 13 January 2022
Thank you, Ms Adamson. For Balfour, Jeremy (Lothian) (Con) Briggs, Miles (Lothian) (Con) Burnett, Alexander (Aberdeenshire West) (Con) Cameron, Donald (Highlands and Islands) (Con) Carlaw, Jackson (Eastwood) (Con) Carson, Finlay (Galloway and West Dumfries) (Con) Cole-Hamilton, Alex (Edinburgh Western) (LD) Dowey, Sharon (South Scotland) (Con) Findlay, Russell (West Scotland) (Con) Fraser, Murdo (Mid Scotland and Fife) (Con) Gallacher, Meghan (Central Scotland) (Con) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Greene, Jamie (West Scotland) (Con) Gulhane, Sandesh (Glasgow) (Con) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Hoy, Craig (South Scotland) (Con) Halcro Johnston, Jamie (Highlands and Islands) (Con) Kerr, Liam (North East Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Lockhart, Dean (Mid Scotland and Fife) (Con) Lumsden, Douglas (North East Scotland) (Con) McArthur, Liam (Orkney Islands) (LD) Mountain, Edward (Highlands and Islands) (Con) Mundell, Oliver (Dumfriesshire) (Con) Rennie, Willie (North East Fife) (LD) Ross, Douglas (Highlands and Islands) (Con) Simpson, Graham (Central Scotland) (Con) Smith, Liz (Mid Scotland and Fife) (Con) Stewart, Alexander (Mid Scotland and Fife) (Con) Webber, Sue (Lothian) (Con) White, Tess (North East Scotland) (Con) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Against Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Adamson, Clare (Motherwell and Wishaw) (SNP) Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burgess, Ariane (Highlands and Islands) (Green) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Chapman, Maggie (North East Scotland) (Green) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dunbar, Jackie (Aberdeen Donside) (SNP) Ewing, Annabelle (Cowdenbeath) (SNP) Ewing, Fergus (Inverness and Nairn) (SNP) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Gougeon, Mairi (Angus North and Mearns) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Greer, Ross (West Scotland) (Green) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Kidd, Bill (Glasgow Anniesland) (SNP) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Mason, John (Glasgow Shettleston) (SNP) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) McKee, Ivan (Glasgow Provan) (SNP) McLennan, Paul (East Lothian) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) Regan, Ash (Edinburgh Eastern) (SNP) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ruskell, Mark (Mid Scotland and Fife) (Green) Slater, Lorna (Lothian) (Green) Somerville, Shirley-Anne (Dunfermline) (SNP) Stevenson, Collette (East Kilbride) (SNP) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sturgeon, Nicola (Glasgow Southside) (SNP) Swinney, John (Perthshire North) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Yousaf, Humza (Glasgow Pollok) (SNP) Abstentions Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Bibby, Neil (West Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Clark, Katy (West Scotland) (Lab) Duncan-Glancy, Pam (Glasgow) (Lab) Grant, Rhoda (Highlands and Islands) (Lab) Griffin, Mark (Central Scotland) (Lab) Johnson, Daniel (Edinburgh Southern) (Lab) Leonard, Richard (Central Scotland) (Lab) Marra, Michael (North East Scotland) (Lab) McNeill, Pauline (Glasgow) (Lab) Mochan, Carol (South Scotland) (Lab) O’Kane, Paul (West Scotland) (Lab) Rowley, Alex (Mid Scotland and Fife) (Lab) Smyth, Colin (South Scotland) (Lab) Sweeney, Paul (Glasgow) (Lab) Villalba, Mercedes (North East Scotland) (Lab) Whitfield, Martin (South Scotland) (Lab) The result of the vote on amendment S6M-02761.2, in the name of Sue Webber, is: For 34, Against 70, Abstentions 19.
Last updated:
7 March 2023
BB20180926
Wednesday 26 September 2018 6 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Committees | Comataidhean Committee Meetings All meetings take place in the Scottish Parliament, unless otherwise specified.
Official Report
Meeting date:
30 May 2018
Meeting of the Parliament 30 May 2018
I call Colin Smyth to wind up and to press or withdraw his amendment. I press amendment 26. Amendment 26 agreed to. After section 8 Amendment 9 moved—Humza Yousaf.
Official Report
Meeting date:
24 January 2023
Meeting of the Parliament 24 January 2023
For Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Adamson, Clare (Motherwell and Wishaw) (SNP) Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Baker, Claire (Mid Scotland and Fife) (Lab) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Boyack, Sarah (Lothian) (Lab) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burgess, Ariane (Highlands and Islands) (Green) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Chapman, Maggie (North East Scotland) (Green) Choudhury, Foysol (Lothian) (Lab) Clark, Katy (West Scotland) (Lab) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Cole-Hamilton, Alex (Edinburgh Western) (LD) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dunbar, Jackie (Aberdeen Donside) (SNP) Duncan-Glancy, Pam (Glasgow) (Lab) Ewing, Annabelle (Cowdenbeath) (SNP) Ewing, Fergus (Inverness and Nairn) (SNP) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Gougeon, Mairi (Angus North and Mearns) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Grant, Rhoda (Highlands and Islands) (Lab) Gray, Neil (Airdrie and Shotts) (SNP) Greer, Ross (West Scotland) (Green) Griffin, Mark (Central Scotland) (Lab) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Johnson, Daniel (Edinburgh Southern) (Lab) Kidd, Bill (Glasgow Anniesland) (SNP) Lennon, Monica (Central Scotland) (Lab) Leonard, Richard (Central Scotland) (Lab) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Marra, Michael (North East Scotland) (Lab) Martin, Gillian (Aberdeenshire East) (SNP) Mason, John (Glasgow Shettleston) (SNP) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) McArthur, Liam (Orkney Islands) (LD) McKee, Ivan (Glasgow Provan) (SNP) McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP) McLennan, Paul (East Lothian) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) McNeill, Pauline (Glasgow) (Lab) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (Lab) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) O’Kane, Paul (West Scotland) (Lab) Regan, Ash (Edinburgh Eastern) (SNP) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ruskell, Mark (Mid Scotland and Fife) (Green) Sarwar, Anas (Glasgow) (Lab) Slater, Lorna (Lothian) (Green) Smyth, Colin (South Scotland) (Lab) Somerville, Shirley-Anne (Dunfermline) (SNP) Stevenson, Collette (East Kilbride) (SNP) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sweeney, Paul (Glasgow) (Lab) Swinney, John (Perthshire North) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Villalba, Mercedes (North East Scotland) (Lab) Whitfield, Martin (South Scotland) (Lab) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Wishart, Beatrice (Shetland Islands) (LD) Yousaf, Humza (Glasgow Pollok) (SNP) Against Balfour, Jeremy (Lothian) (Con...
Last updated:
4 December 2023
SPBill31S062023
.”, (d) in subsection (6), after “(1),” insert “(2),”, (e) in subsection (7), after “(1),” insert “(2),”. (3) After section 34ZB insert— 25 “34ZC Fixed penalty notices for offences under section 34(6): Scotland (1) This section applies where a constable or an authorised officer has reason to believe that a person has failed without reasonable excuse to comply with the duty relating to the transfer of household waste in section 34(2). (2) The constable or authorised officer (as the case may be) may give to the person 30 a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty. (3) A notice under subsection (2) may not be given if, in relation to the same circumstances— (a) such a notice has already been given to the person (including by the 35 same or by another local authority), or (b) a penalty or enforcement undertaking has already been imposed on the person by the Scottish Environment Protection Agency by virtue of Part of the Regulatory Reform (Scotland) Act 2014. 2 8 Circular Economy (Scotland) Bill (4) Where a constable gives a notice to a person under subsection (2), the constable must at the same time give a copy of the notice to the local authority in whose area the failure to comply with the duty in section 34(2) took place. (5) Where— 5 (a) an authorised officer gives a notice to a person under subsection (2), and (b) it appears to the officer that the failure to comply with the duty in section 34(2) took place both in the officer’s area and in another local authority’s area, 10 the officer must at the same time give the other local authority a copy of the 1 notice. (6) Where a person is given a notice under subsection (2) in respect of an offence— (a) no proceedings may be instituted for that offence before the end of the 15 period of 14 days beginning with the date of the notice, and (b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period. (7) A notice under this section must— (a) state the particulars of the circumstances alleged to constitute the offence 20 as are necessary for giving reasonable information of the offence, (b) state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6), (c) state the amount of the fixed penalty, (d) explain that the notice contains an offer to discharge liability to 25 conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer, (e) state the person to whom the fixed penalty may be paid, and the address and website for doing so, (f) explain that, by virtue of subsection (3), an authorised officer may not 30 give a person a notice under this section if such a notice has already been given to the person in respect of the same offence, and (g) state which other authorities have been sent a copy of the notice in accordance with subsections (4) and (5). (8) The fixed penalty payable under this section is £200. 35 (9) The Scottish Ministers may by regulations substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (8). (10) A constable or an authorised officer may require an occupier of domestic property to give the occupier’s name, address and date of birth, if the constable 40 or officer proposes to give the occupier a fixed penalty notice under this section. (11) A person commits an offence if the person— (a) fails to give a name, address or date of birth when required to do so under subsection (10), or 9 Circular Economy (Scotland) Bill (b) gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection. (12) A person who commits an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 5 (13) In any proceedings a certificate which— (a) purports to be signed on the person having responsibility for the financial affairs of the authority to which the fixed penalty is to be paid, and (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate, 10 is evidence of the facts stated. 1 (14) A fixed penalty payable in pursuance of a notice under this section is to be paid— (a) in a case where the notice is given by a constable or by an authorised officer of a local authority, to the local authority in whose area the 15 offence was committed, (b) in a case where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority, to that Authority. (15) In this section— “authorised officer” means— 20 (a) an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area of the authority, (b) an officer of Loch Lomond and The Trossachs National Park 25 Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area designated as the National Park for which the Authority is established, of the “local authority” means a council constituted under section 2 30 Local Government etc.
Last updated:
7 May 2026
Current Ministers and Law Officers
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