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Last updated: 26 June 2024

SPBill31BS062024

(Scotland) Act 1994. 110B Offences of obstructing, not co-operating, etc. (1) A person commits an offence if the person— (a) fails without reasonable excuse to give any assistance that a relevant 25 official reasonably requests in the exercise of a power conferred by section 110A, (b) otherwise intentionally obstructs a relevant official in exercising one of those powers, (c) fails without reasonable excuse to give information when required to do 30 so by a relevant official in exercise of the power conferred by section 110A(2)(b), (d) in response to such a requirement knowingly or recklessly gives information that is, in a material way, either false or misleading. (2) A person who commits an offence under subsection (1) is liable on summary 35 conviction to a fine not exceeding level 5 on the standard scale. 110C Handling of seized property (1) Where property has been seized under section 110A on behalf of SEPA or a waste collection authority, the authority on whose behalf it was seized (the “responsible authority”) may remove the seized property to a place which it 40 considers appropriate. 25 Circular Economy (Scotland) Bill (2) The responsible authority must— (a) deal with any seized property in accordance with regulations made by the Scottish Ministers, and (b) in so doing, have regard to any guidance issued by the Scottish Ministers. 5 (3) Regulations under subsection (2)(a)— (a) must set out— (i) the duties of a responsible authority in relation to the safe custody of seized property, (ii) the circumstances in which seized property must be returned to a 10 person claiming entitlement to it, 1 (iii) the circumstances in which a responsible authority may sell, destroy or otherwise dispose of seized property, and (iv) the uses to which the proceeds of any sale may be put, (b) must require a responsible authority to publish a notice in such form, 15 and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed, (c) must require a responsible authority to wait for a period specified in the regulations before selling, destroying or otherwise disposing of seized 20 property, with that period beginning only once the responsible authority has taken steps specified in the regulations to inform anyone who may be entitled to the seized property in question that it has been seized and how a claim for its return may be made, (d) may— 25 (i) provide for exceptions to the requirements described by paragraphs (b) and (c), (ii) include any other provision that the Scottish Ministers consider appropriate. (4) Regulations under subsection (2)(a) are subject to the affirmative procedure. 30 110D Power to apply enforcement powers in respect of offences (1) The Scottish Ministers may by regulations provide for an offence to be, or cease to be, a relevant offence for the purposes of section 110A. (2) The power conferred by subsection (1) may be exercised to modify any enactment (including this Act). 35 (3) Regulations under subsection (1) are subject to the affirmative procedure.”. 16 Offences in respect of which powers may be exercised (1) In the Control of Pollution (Amendment) Act 1989— (a) in section 1 (offence of transporting controlled waste without registering), after subsection (5) insert— 40 “(5A) The enforcement powers conferred by section 110A of the Environment Act 1995 may be exercised in relation to an offence under this section.”, 26...
Last updated: 28 June 2023

SPBill20BS062023

Oversight in relation to working names 5 (1) The 2005 Act is modified as follows. (2) In section 3(3)(e)(i) (Scottish Charity Register), after “12(2)” insert “, (2A)”. (3) In section 10 (objectionable names)— 10 (a) in subsection (1), paragraph (a), after “name” insert “or working name”, 1 (b) after subsection (2), insert— “(3) Nothing in this section, or in any of sections 5(2)(a), 11(4), 12(3), 54(4)(a) or 57(3)(a), requires OSCR to undertake any investigation into the working name of a charity.”. 15 (4) In section 12 (power of OSCR to require charity to change name)— (a) in subsection (1), for “of” to the end substitute “or working name of another charity is the same as or too like its name or working name, request OSCR to conduct a review.”, (b) after subsection (2), insert— 20 “(2A) OSCR may, if satisfied following such a review that the working name of a charity (“charity A”) is the same as or too like the name or working name of another charity (“charity B”), as appropriate— (a) direct charity B to change its name, (b) direct either one or both of the charities to stop using its working name 25 within such period as may be specified in the direction.”, (c) for subsection (3), substitute— “(3) At any other time— (a) where OSCR considers that a charity's name falls within section 10, it must direct the charity to change its name, 30 (b) where OSCR considers that a charity's working name is objectionable, it may direct the charity to stop using that working name within such period as may be specified in the direction.”, (d) after subsection (3A) (inserted by paragraph 3), insert— “(3B) A direction under this section— 35 (a) may be revoked at any time, (b) may be varied, but only by extending the period specified in it.”, (e) in subsection (4), after “this section” insert “to change name”, (f) in subsection (5), after “direction” insert “to change name”, (g) after subsection (5), insert— 26...
Last updated: 28 June 2023

Bill as passed

Oversight in relation to working names 5 (1) The 2005 Act is modified as follows. (2) In section 3(3)(e)(i) (Scottish Charity Register), after “12(2)” insert “, (2A)”. (3) In section 10 (objectionable names)— 10 (a) in subsection (1), paragraph (a), after “name” insert “or working name”, 1 (b) after subsection (2), insert— “(3) Nothing in this section, or in any of sections 5(2)(a), 11(4), 12(3), 54(4)(a) or 57(3)(a), requires OSCR to undertake any investigation into the working name of a charity.”. 15 (4) In section 12 (power of OSCR to require charity to change name)— (a) in subsection (1), for “of” to the end substitute “or working name of another charity is the same as or too like its name or working name, request OSCR to conduct a review.”, (b) after subsection (2), insert— 20 “(2A) OSCR may, if satisfied following such a review that the working name of a charity (“charity A”) is the same as or too like the name or working name of another charity (“charity B”), as appropriate— (a) direct charity B to change its name, (b) direct either one or both of the charities to stop using its working name 25 within such period as may be specified in the direction.”, (c) for subsection (3), substitute— “(3) At any other time— (a) where OSCR considers that a charity's name falls within section 10, it must direct the charity to change its name, 30 (b) where OSCR considers that a charity's working name is objectionable, it may direct the charity to stop using that working name within such period as may be specified in the direction.”, (d) after subsection (3A) (inserted by paragraph 3), insert— “(3B) A direction under this section— 35 (a) may be revoked at any time, (b) may be varied, but only by extending the period specified in it.”, (e) in subsection (4), after “this section” insert “to change name”, (f) in subsection (5), after “direction” insert “to change name”, (g) after subsection (5), insert— 26...
Last updated: 22 June 2023

SPBill16BS062023

Guidance 34AB Guidance (1) The Scottish Ministers must, no later than one year after the day on which 25 section 9(2) of the Bail and Release from Custody (Scotland) Act 2023 comes into force for any purpose, publish guidance about engagement under section 34A(1). (2) Such guidance may, in particular, include provision about— (a) the issuing of a request for engagement, 30 (b) compliance with a request for engagement, (c) how the duty of co-operation under section 35 is to operate in relation to the duty to engage in the development, management, and delivery of release plans under section 34A(1). (3) In preparing, reviewing, and revising the guidance, the Scottish Ministers must 35 consult— (a) Community Justice Scotland, (b) each local authority, (c) each health board, (d) the chief constable of the Police Service of Scotland, 20 Bail and Release from Custody (Scotland) Bill Part 2—release from custody 1 (e) Skills Development Scotland, (f) the Risk Management Authority, (g) an integration joint board established by virtue of section 9 of the Public 5 Bodies (Joint Working) (Scotland) Act 2014, (h) each person— (i) of a description prescribed by the Scottish Ministers by regulations, and (ii) who is providing support services to victims in relation to offences 10 perpetrated against or in respect of those victims, (i) such other persons as the Scottish Ministers consider appropriate. 1 (4) The Scottish Ministers must keep the guidance under review and may publish revised guidance whenever they consider it appropriate to do so. (5) Where revised guidance is published under subsection (4), this section— 15 (a) ceases to apply in relation to the previous guidance, (b) applies instead to the revised guidance (as it applied to the guidance published under subsection (1)). (6) In complying with a request to engage under section 34A(1), a person must have regard to guidance published under this section. 20 (7) In this section, “support services” has the meaning given by section 34B(6). (8) The Scottish Ministers may by regulations modify the definition of “support services” in subsection (7). (9) Regulations under subsection (3)(h)(i) and (8)— (a) may include incidental, supplementary, consequential, transitional, 25 transitory or saving provision, (b) may modify enactments (including this Act). (10) Regulations— (a) under subsection (3)(h)(i)— (i) which add to, replace or omit any part of the text of an Act are 30 subject to the affirmative procedure, (ii) are otherwise subject to the negative procedure, (b) under subsection (8) are subject to the affirmative procedure.”. 10 Throughcare support (1) The 2016 Act is amended as follows. 35 (2) After section 34AB, as inserted by section 9, insert— “Throughcare support 34B Throughcare support standards (1) The Scottish Ministers must, no later than two years after the day on which section 10(2) of the Bail and Release from Custody (Scotland) Act 2023 comes 21 Bail and Release from Custody (Scotland) Bill Part 2—release from custody into force, publish standards applicable to throughcare support in Scotland (in this section, the “first standards”). (2) The first standards— (a) must make provision for minimum standards and outcomes to be met 5 by all providers of throughcare support in Scotland, (b) may make such further provision in connection with throughcare support as the Scottish Ministers consider appropriate. (3) The Scottish Ministers must keep the first standards under review and may publish revised standards whenever they consider it appropriate to do so. 10 (4) In preparing, reviewing, and revising the first standards, the Scottish Ministers 1 must consult— (a) Community Justice Scotland, (b) each local authority, (c) each health board, 15 (d) the chief constable of the Police Service of Scotland, (e) Skills Development Scotland, (ea) the Risk Management Authority, (eb) Social Care and Social Work Improvement Scotland, (f) an integration joint board established by virtue of section 9 of the Public 20 Bodies (Joint Working) (Scotland) Act 2014, (g) third sector bodies— (i) involved in community justice and the provision of throughcare support, (ii) involved in or carrying out work related to the provision of support 25 to children and families affected by imprisonment, (ga) each person— (i) of a description prescribed by the Scottish Ministers by regulations, and (ii) who is providing support services to victims in relation to offences 30 perpetrated against or in respect of those victims, (h) such other persons as the Scottish Ministers consider appropriate. (4A) The Scottish Ministers must, after consulting on the first standards in accordance with subsection (4) but before publishing those standards, publish a draft of the standards for public consultation for such period, of at least 12 35 weeks, as they consider appropriate. (4B) The Scottish Ministers must, before or on publication of the first standards, publish a report setting out— (a) the consultation process undertaken in order to comply with subsection (4A), and 22 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (b) the ways in which views expressed...
Last updated: 1 June 2023

SPBill20AS062023

Change of name: delaying decision or granting or refusing consent 5 (1) Act is modified as follows. 4 The 2005 (2) In section 11 (change of name)— (a) in subsection (3)— (i) for “, directs the charity not to change its name,” substitute “— (a) refuses its consent, or 10 (b) directs the charity not to change its name to that proposed new name 1 for a period of not more than 6 months specified in the direction,”, (ii) the words “OSCR is to be taken as having given its consent.” become the closing words, (b) after subsection (3), insert— 15 “(3A) A direction under subsection (3)(b)— (a) may be revoked at any time, (b) may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given. (3B) Where OSCR gives such a direction it must, after making such inquiries as it 20 thinks fit— (a) give its consent, whether or not subject to conditions, or (b) refuse its consent.”, (c) in subsection (4)— (i) the words “it considers that the proposed new name falls within section 10” 25 become paragraph (a), (ii) after paragraph (a) (as formed), insert “, or (b) it is unable, after making reasonable inquiries, to satisfy itself that the proposed new name does not fall within section 10.”, (d) after subsection (4), insert— 30 “(5) OSCR may, at the request of a charity, grant consent to a different proposed new name than that specified by the charity in the notice given by it under subsection (2). (6) Where consent to a new name is granted by virtue of subsection (5), the charity is deemed for the purpose of the minimum notice period provided for in 35 subsection (2) to have sought consent to that new name on the day that it gave the notice under subsection (2).”. (3) In section 71 (decisions), for paragraph (c) substitute— “(c) refuse to consent to a charity changing name under section 11,”. 25 Charities (Regulation and Administration) (Scotland) Bill Schedule—Further modification of the 2005 Act Oversight in relation to working names 5 (1) The 2005 Act is modified as follows. (2) In section 3(3)(e)(i) (Scottish Charity Register), after “12(2)” insert “, (2A)”. (3) In section 10 (objectionable names)— 5 (a) in subsection (1), paragraph (a), after “name” insert “or working name”, (b) after subsection (2), insert— “(3) Nothing in this section, or in any of sections 5(2)(a), 11(4), 12(3), 54(4)(a) or 57(3)(a), requires OSCR to undertake any investigation into the working name of a charity.”. 10 (4) In section 12 (power of OSCR to require charity to change name)— 1 (a) in subsection (1), for “of” to the end substitute “or working name of another charity is the same as or too like its name or working name, request OSCR to conduct a review.”, (b) after subsection (2), insert— 15 “(2A) OSCR may, if satisfied following such a review that the working name of a charity (“charity A”) is the same as or too like the name or working name of another charity (“charity B”), as appropriate— (a) direct charity B to change its name, (b) direct either one or both of the charities to stop using its working name 20 within such period as may be specified in the direction.”, (c) for subsection (3), substitute— “(3) At any other time— (a) where OSCR considers that a charity's name falls within section 10, it must direct the charity to change its name, 25 (b) where OSCR considers that a charity's working name is objectionable, it may direct the charity to stop using that working name within such period as may be specified in the direction.”, (d) after subsection (3A) (inserted by paragraph 3), insert— “(3B) A direction under this section— 30 (a) may be revoked at any time, (b) may be varied, but only by extending the period specified in it.”, (e) in subsection (4), after “this section” insert “to change name”, (f) in subsection (5), after “direction” insert “to change name”, (g) after subsection (5), insert— 35 “(6) For the purposes of subsection (3)(b), a charity’s working name is objectionable where it would, if it were the charity’s name, fall within section 10(1).”. (5) The heading of section 12 becomes “Power of OSCR in relation to charity names and working names”. 26...
Official Report Meeting date: 21 June 2022

Net Zero, Energy and Transport Committee 21 June 2022

I was fortunate to have to been on a site visit a couple of weeks ago at the Clyde Gateway.
Questions and Answers Date answered: 20 August 2026

S7W-02128

As noted in the Summary OBC, publishing any indicative credit spread prior to an inaugural issuance risks compromising the final pricing that could be achieved.
Questions and Answers Date answered: 5 December 2019

S5W-26457

To ask the Scottish Government whether it will ask Ofgem to provide an estimate of the average credit balance held by customers in Scotland for each energy supply company that has failed since January 2018.
Official Report Meeting date: 13 November 2018

Health and Sport Committee 13 November 2018

It is important that those who are listed in the bill as the people who may end up making the decision, or having the discussion, about a person’s expressed intent understand what that expressed intent is.
Questions and Answers Date answered: 6 February 2017

S5W-06595

To ask the Scottish Government by what date the next Scottish Natural Heritage site-condition monitoring report on amphibians will be published.

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