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10 June 2024
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SP Bill 6–FM 1 Session 5 (2017) This document relates to the Child Poverty (Scotland) Bill (SP Bill 6) as introduced in the Scottish Parliament on 9 February 2017 Proposals 5.
Last updated:
7 March 2023
BB20171115Rev
Bruce Crawford: To ask the Scottish Government what its position is on (S5O-01462) the importance of LEADER funding in supporting tourism and culture. Justice and the Law Officers 1. Anas Sarwar: To ask the Scottish Government how much the integration of British Transport Police in Scotland into Police Scotland will cost.
Last updated:
7 October 2022
CPG Visual Impairment minutes of meeting on 10 May 2022
Colin Smyth MSP Invited guests 1. Maree Todd MSP, Minister for Public Health, Women’s Health and Sport [speaker] 2.
Last updated:
19 April 2024
SPBill27AENS062024accessible
Section 10 – Money attachment when premises are open 55. Subsections (1) and (2) of section 176 of the Bankruptcy and Diligence etc.
Last updated:
7 March 2023
BB20200727
Education and Skills Committee 16th Meeting, 2020 The Committee will meet at 4.00 pm in a virtual meeting and be broadcast on www.scottishparliament.tv 1. Decision on taking business in private: The Committee will decide whether to take item 3 in private. 2.
Last updated:
7 March 2023
BB20200210
As soon as a Public Bill (i.e. a Government, Committee or Member’s Bill) has completed Stage 1, amendments for consideration at Stage 2 may be lodged; and as soon as Stage 2 is completed, amendments for Stage 3 consideration may be lodged.
Last updated:
29 January 2026
SPBill55AS062026
Scottish Parliament (Recall and Removal of Members) Bill [AS AMENDED AT STAGE 2] An Act of the Scottish Parliament to make provision about the recall of members of the Scottish Parliament. P ART 1 R ECALL OF MEMBERS OF THE S COTTISH P ARLIAMENT 5 C HAPTER 1 I NITIATION OF THE RECALL PETITION PROCESS 1 How a member becomes subject to a recall petition process (1) A member becomes subject to a recall process if— (a) either— 10 (i) the parliamentary-sanction ground applies in relation to the member (see 1 section 2), or (ii) the criminal-offence ground applies in relation to the member (see section 3), and (b) as a result, the Presiding Officer issues a recall initiating notice in relation to the 15 member (see section 5). (1A) The recall process— (a) for a constituency member is the recall petition process set out in Chapter 2, (b) for a regional member is the recall poll process set out in Chapter 3A. (3) A member is subject to a recall process from the time a recall initiating notice is issued 20 in relation to the member until— (a) a recall termination notice in respect of the process is issued (see section 9), or (b) notice of the outcome of the process is given to the Presiding Officer in accordance or 17B. with section 14 Session SP Bill 55A 6 (2026) 2 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 1—Initiation of the recall petition process 5 Recall initiating notice (1) As soon as reasonably practicable after becoming aware that either— (a) the parliamentary-sanction ground, or (b) the criminal-offence ground, 5 applies in relation to a member, the Presiding Officer must issue a recall initiating notice to the returning officer. (2) But subsection (1) does not apply where it would require the Presiding Officer to issue a notice at a time— (a) when the member’s seat has already been vacated, 10 (b) when the member is already subject to a recall process, or 1 (c) within the period of 6 months ending with— (i) the day on which the poll for the next general election for membership of the Parliament is due to be held, or (ii) if that day is unknown because no order has been made under section 2(2B) 15 of the Scotland Act 1998, the day on which the Presiding Officer reasonably expects that poll to be held. (2A) Where the member is— (a) a constituency member— (i) a recall initiating notice is a notice instructing the returning officer to make 20 arrangements for a recall petition in relation to the member to be made available for signing, (ii) the returning officer is the person who is the constituency returning officer in relation to the constituency by virtue of an order under section 12(1) of the Scotland Act 1998, 25 (b) a regional member— (i) a recall initiating notice is a notice instructing the returning officer to make arrangements for a recall poll in relation to the member to be held in the region, (ii) the returning officer is the person who is the regional returning officer for 30 the region by virtue of an order under section 12(6) of the Scotland Act 1998. (3) A recall initiating notice— (a) must specify the day on which it is issued, (b) must specify which of the recall grounds applies in relation to the member, and 35 (c) in a case in which the notice is issued because the criminal-offence ground applies, must specify the offence of which the member has been convicted. 3 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 1—Initiation of the recall petition process 9 Early termination of process (1) Where a member is subject to a recall process when an event mentioned in subsection (2) occurs, the Presiding Officer is— (a) to issue a notice (which is referred to in this Part as a “recall termination notice”), 5 as soon as reasonably practicable, to the returning officer, and (b) unless the Parliament is dissolved when that notice is issued, lay a copy of the notice before the Parliament. (2) The events referred to in subsection (1) are— (a) the Parliament is dissolved, 10 (ba) the member’s seat becomes vacant, 1 (c) in a case where the recall process began because the criminal-offence ground applied in relation to the member, the Presiding Officer becomes aware that the conviction, sentence or order which caused that ground to apply has been materially overturned on appeal. 15 (3) When a returning officer receives a recall termination notice— (a) the officer’s duties to run the recall process under Chapter 2 or (as the case may be) 3A cease to apply, and (b) no further action is to be taken under or by virtue of this Part in relation to the process except— 20 (i) the action required under subsection (4), and (ii) any other action required or permitted by regulations under section 21 in relation to the termination of the process. (4) As soon as reasonably practicable after receiving the recall termination notice, the returning officer must— 25 (a) take such steps as the officer considers necessary to terminate the process, and (b) give public notice of the termination of the process in accordance with regulations under section 21. 15 Effect of successful petition The schedule modifies the Scotland Act 1998 to address the effect of a member being 30 recalled (which is that the seat of the member becomes vacant). 17 Eligibility to stand for future elections unaffected For the avoidance of doubt, losing a seat as a result of being recalled has no effect on a person’s ability to stand in elections for membership of the Parliament. 2 Parliamentary-sanction ground 35 (1) The parliamentary-sanction ground applies in relation to a member if, on a motion by a relevant committee of the Parliament, the Parliament resolves to sanction the member for a specified period of the requisite length. 4 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 1—Initiation of the recall petition process (2) A specified period is of the requisite length for the purposes of subsection (1) if— (a) in a case where the specified period is expressed as a number of sitting days, the period is at least 10 sitting days, or (b) in any other case, the period specified (however expressed) is a period of at least 5 14 days. (3) In subsection (1)— “relevant committee of the Parliament” means a committee of the Parliament with the standards of conduct of members in its remit, “sanction”, in relation to a member, means any of the following— 10 (a) the exclusion of the member from any proceedings of the Parliament, 1 including proceedings of any committee or sub-committee, (b) the exclusion of the member from the premises of the Parliament or any part of them. (4) For the purposes of subsection (1), it does not matter— 15 (a) when the period of the sanction starts, (b) where the specified period is expressed as a number of sitting days, what provision (if any) is made by standing orders of the Parliament regarding what does, or does not, count as a sitting day for the purpose of calculating that period. (5) Any question arising under this section as to which committee has the standards of 20 conduct of members in its remit is to be determined by the Presiding Officer. 3 Criminal-offence ground (1) The criminal-offence ground applies in relation to a member if— (a) the member is, after becoming a member, convicted in the United Kingdom of an offence, 25 (b) in respect of that offence, the member is sentenced or ordered to be imprisoned or detained, and (c) the appeal period in relation to the conviction and the sentence or (as the case may be) order expires without the conviction, sentence or order being materially overturned on appeal. 30 (2) In subsection (1)— (a) the reference to an offence includes— (i) an offence committed before the member became a member, and (ii) an offence committed before the day on which section 1 comes into force, but 35 (b) the reference to a member being convicted of an offence is only to a member being convicted of an offence on or after the day on which section 1 comes into force. 5 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 1—Initiation of the recall petition process (3) The reference in subsection (2) to a member being sentenced or ordered to be imprisoned or detained— (a) includes the member being sentenced or ordered to be imprisoned or detained notwithstanding that the sentence or order is suspended, 5 (b) does not include the member being remanded in custody, (c) does not include the member being authorised to be detained under an enactment mentioned in subsection (4) if there is no sentence or order for imprisonment or detention other than under one of those enactments. (4) The enactments referred to in subsection (3)(c) are— 10 (a) the Mental Health Act 1983, 1 (b) Part 6 or section 200(2)(b) of the Criminal Procedure (Scotland) Act 1995, (c) the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595). 4 Criminal-offence ground: expiry of appeal period (1) For the purposes of section 3(1), the appeal period in relation to a conviction, sentence 15 or order expires when— (a) it is no longer possible for there to be any relevant appeal, or (b) in a case where a relevant appeal has been brought, all relevant appeals have been determined or otherwise disposed of. (2) A “relevant appeal” for the purposes of this section is— 20 (a) an appeal that— (i) is in respect of the conviction, sentence or order in question, and (ii) is brought within the usual period, or (b) an appeal that— (i) is in respect of the determination of an appeal that was itself a relevant 25 appeal, and (ii) is brought within whichever of the following periods ends first— (A) the period of 28 days beginning with the date of the determination, (B) the usual period. (3) But a petition to the nobile officium is not a “relevant appeal” for the purposes of this 30 section (despite section 23(2)(d)). (4) In this section, “the usual period” in relation to bringing an appeal means the period allowed for bringing an appeal of the kind in question disregarding the possibility of its being brought out of time with permission. (5) References in this section to the determination of an appeal are, where the court to 35 which the appeal is brought remits the matter to another court for final determination, that other court. to the disposal of the proceedings by 6 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 2—The recall petition process C HAPTER 2 T HE RECALL PETITION PROCESS Arrangements for the process 6 Designation of where and when petition may be signed 5 (1) Having received a recall initiating notice in relation to a constituency member, a returning officer must, as soon as reasonably practicable and acting in accordance with any provision made under section 21, designate— (a) a place, or places, at which a recall petition in relation to the member is to be made available for signing, 10 (b) a day from which the petition is to be made available for signing, and 1 (c) the days, and times of day, during which the petition is to be made available for signing. (1A) A recall petition is a petition calling for the recall of the member to whom the initiating notice relates. 15 (2A) A maximum of 10 places may be designated under subsection (1)(a). (3) The returning officer, in determining which place or places to designate under subsection (1)(a), must seek to ensure— (a) that all persons entitled to sign the recall petition have such reasonable facilities for signing it as are practicable in the circumstances, and 20 (b) that, so far as is reasonable and practicable, every place designated is accessible to disabled persons. (4) The day designated under subsection (1)(b) is to be— (a) the 10th working day after the day on which the returning officer received the recall initiating notice, or 25 (b) if it is not reasonably practicable for that to be the designated day, the first subsequent working day that it is reasonably practicable to have be the designated day within the period of 3 weeks beginning with the returning officer receiving the recall initiating notice. (5) The returning officer, in determining the days and times of day to designate under 30 subsection (1)(c), must seek to ensure that the petition is reasonably available for signing throughout the signing period. 7 Notice of petition to be sent to registered electors As soon as reasonably practicable after complying with section 6, the returning officer must (in accordance with regulations under section 21) send a notice of petition to 35 persons entitled to sign the recall petition. 8 Duty to ensure petition’s availability for signing (1) The returning officer must ensure that the recall petition is (in accordance with regulations under section 21) made available for signing throughout the signing period— (aa) at the times and places designated under section 6(1), and 7 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 2—The recall petition process (b) by post. (2) A recall petition is made available for signing at a place, or by post, by a separate petition signing sheet being available for signing by each person entitled to sign the petition at the place, or by post, in accordance with regulations under section 21. 5 8A Change to start of signing period (1) The Presiding Officer may change (from the one designated under section 6(1)(b)) the day designated as the day from which a recall petition is to be made available for signing. (2) But the Presiding Officer may do so only— 10 (a) before the day designated under section 6(1)(b), and 1 (b) after consulting— (i) the returning officer in relation to the recall petition, (ii) the Electoral Commission, and (iii) the convener of the Electoral Management Board for Scotland. 15 (3) A day designated under subsection (1) must fall within the period of 8 weeks beginning with the day designated under section 6(1)(b). (4) As soon as reasonably practicable after designating a day under subsection (1), the Presiding Officer must— (a) notify the persons mentioned in subsection (2)(b) of the new designated day, and 20 (b) make publicly available a statement that— (i) specifies the new designated day, and (ii) explains the reasons for the change of designated day. (5) Where a day has been designated under subsection (1), the returning officer in relation to the recall petition (in accordance with regulations under section 21)— 25 (a) may exercise again the functions under section 6(1)(a) and (c), and (b) must, as soon as reasonably practicable after doing so, or deciding not to do so, send a notice of petition to persons entitled to sign the petition.
Last updated:
20 December 2022
Prebudget scrutinyDeputy First Minister Response
The Consolidated Accounts for the year ended 1 31 March 2022 are available on the Scottish Government website.
Last updated:
7 March 2023
BB20180301
Thursday 1 March 2018 Business Bulletin Iris Ghnothaichean Today's Business Meeting of the Parliament Committee Meetings 11:40 am Parliamentary Bureau Motions 9:00am Social Security Committee 11:40 am General Questions 9:15am Equalities and Human Rights Committee 12:00 pm First Minister's Questions 10:45am Culture, Tourism, Europe and 1:15 pm Parliamentary Bureau Motions External Relations Committee 1:15 pm Ministerial Statement: Scotland s ’ plan to tackle climate change and reduce emissions followed by Stage 3 Amendments: Forestry and Land Management (Scotland) Bill followed by Scottish Government Debate: UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill - Emergency Bill followed by Business Motions followed by Parliamentary Bureau Motions 5:00 pm Decision Time Thursday 1 March 2018 1 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Chamber | Seòmar Meeting of the Parliament 11:40 am Parliamentary Bureau Motions 11:40 am General Questions 1.
Official Report
Meeting date:
3 September 2013
Meeting of the Parliament 03 September 2013
People with MND do not get better; they get worse and they die, but the Westminster Government believes that, unless someone is likely to die within six months, they are not terminally ill and they might well be considered fit for work—as many MND sufferers have been told—and have their benefits withdrawn.Then there ...
