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Official Report Meeting date: 14 September 2010

Standards, Procedures and Public Appointments Committee 14 September 2010

I would like to ask you a broader question that perhaps goes beyond the code. The code is formulaic, in that it details the procedures and so on that must be followed.

Last updated: 1 September 2020

SPBill80S052020

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill 15 Part 5—Compatibility questions and UNCRC compatibility issues 23 Ministerial action following strike down declarator or incompatibility declarator If a court makes a strike down declarator or an incompatibility declarator, the Scottish Ministers must, within the period of 6 months beginning with the day after the day on which the declarator is made— 5 (a) prepare a report setting out what steps (if any) they intend to take in response to the declarator, (b) publish the report as the Scottish Ministers consider appropriate, (c) lay a copy of the report before the Scottish Parliament, and (d) seek to make a statement to the Scottish Parliament on the contents of the report. 10 P ART 5 C OMPATIBILITY QUESTIONS AND UNCRC COMPATIBILITY ISSUES 24 Meaning of “compatibility question” (1) In sections 26 to 37, a “compatibility question” means— (a) a question whether a provision of relevant legislation or future legislation is 15 incompatible with the UNCRC requirements, (b) a question whether a public authority has acted (or proposed to act) in a way which is made unlawful by section 6(1). (2) But a question arising in criminal proceedings that would, apart from this subsection, be a compatibility question is not a compatibility question if it is a UNCRC compatibility 20 issue. (3) A compatibility question is not to be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious. (4) Any duty or power conferred by this Act to refer a compatibility question to a court is to 25 be read as a duty or (as the case may be) power to refer the issue to the court for decision. 25 UNCRC compatibility issues in criminal proceedings (1) The Criminal Procedure (Scotland) Act 1995 is modified as follows. (2) In the heading before section 288ZA, for “and devolution issues” substitute “, 30 devolution issues and UNCRC compatibility issues”. (3) After section 288AA, insert— “288AB References of UNCRC compatibility issues to the High Court or Supreme Court (1) In this section and section 288AC, “UNCRC compatibility issue” means a 35 question, arising in criminal proceedings as to— (a) whether a provision of relevant legislation or future legislation is incompatible with the UNCRC requirements, 16 United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Part 5—Compatibility questions and UNCRC compatibility issues (b) whether a public authority has acted (or proposed to act) in a way which is made unlawful by section 6(1) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2021. (2) In subsection (1)— 5 “future legislation” has the meaning given in section 21(5) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2021, “public authority” has the same meaning as in section 6(3) of that Act, “relevant legislation” has the meaning given in section 20(10) of that 10 Act, “the UNCRC requirements” has the meaning given in section 1(2) of that Act. (3) Where a UNCRC compatibility issue has arisen in criminal proceedings before a court, other than a court consisting of 2 or more judges of the High Court, the 15 court may, instead of determining it, refer the issue to the High Court. (4) The Lord Advocate, if a party to criminal proceedings before a court, other than a court consisting of 2 or more judges of the High Court, may require the court to refer to the High Court any UNCRC compatibility issue which has arisen in the proceedings. 20 (5) The High Court may, instead of determining a UNCRC compatibility issue referred to it under subsection (4), refer it to the Supreme Court. (6) Where a UNCRC compatibility issue has arisen in criminal proceedings before a court consisting of 2 or more judges of the High Court, otherwise than on a reference, the court may, instead of determining it, refer it to the Supreme 25 Court. (7) The Lord Advocate, if a party to criminal proceedings before a court consisting of 2 or more judges of the High Court, may require the court to refer to the Supreme Court any UNCRC compatibility issue which has arisen in the proceedings otherwise than on a reference. 30 (8) On a reference to the Supreme Court under this section— (a) the powers of the Supreme Court are exercisable only for the purpose of determining the UNCRC compatibility issue, (b) for that purpose the Court may make any change in the formulation of that issue that it thinks necessary in the interests of justice. 35 (9) When it has determined a compatibility issue on a reference under this section, the Supreme Court must remit the proceedings to the High Court. (10) An issue referred to the High Court or the Supreme Court under this section is referred to it for determination. 288AC Appeals to the Supreme Court: UNCRC compatibility issues 40 (1) For the purpose of determining any UNCRC compatibility issue an appeal lies to the Supreme Court against a determination in criminal proceedings by a court of 2 or more judges of the High Court. (2) On an appeal under this section— United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill 17 Part 5—Compatibility questions and UNCRC compatibility issues (a) the powers of the Supreme Court are exercisable only for the purpose of determining the UNCRC compatibility issue, (b) for that purpose the Court may make any change in the formulation of that issue that it thinks necessary in the interests of justice. 5 (3) When it has determined the UNCRC compatibility issue, the Supreme Court must remit the proceedings to the High Court. (4) An appeal under this section against a determination lies only— (a) with the permission of the High Court, or (b) if the High Court has refused permission, with the permission of the 10 Supreme Court. (5) Subsection (4) does not apply if it is an appeal by the Lord Advocate against a determination by the High Court of a UNCRC compatibility issue referred to it under section 288AB(4). (6) An application to the High Court for permission under subsection (4)(a) must 15 be made— (a) within 28 days of the date of the determination against which the appeal lies, or (b) within such longer period as the High Court considers equitable having regard to all the circumstances. 20 (7) An application to the Supreme Court for permission under subsection (4)(b) must be made— (a) within 28 days of the date on which the High Court refused permission under subsection (4)(b), or (b) within such longer period as the Supreme Court considers equitable 25 having regard to all the circumstances.”. (4) In section 288B (appeals to the Supreme Court: general), in subsection (1), after “288AA” insert “or 288AC”. 26 Power to institute proceedings to determine compatibility question The Lord Advocate may institute proceedings for the determination of a compatibility 30 question. 27 Power to intervene in proceedings where compatibility question arises (1) Where a compatibility question arises in any proceedings before a court or tribunal, intimation of that is to be given to the Lord Advocate and the Commissioner for Children and Young People in Scotland (unless the person to whom the intimation 35 would be given is a party to the proceedings). (2) A person to whom intimation is given under subsection (1) may, on giving notice, take part as a party in the proceedings so far as the proceedings relate to a compatibility question. 18 United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Part 5—Compatibility questions and UNCRC compatibility issues 28 Reference of compatibility question to higher court (1) A court, other than the Supreme Court or the Inner House of the Court of Session, may refer any compatibility question which arises in proceedings (other than criminal proceedings) before it to the Inner House. 5 (2) A tribunal from which there is no appeal must refer any compatibility question which arises in proceedings before it to the Inner House and any other tribunal may make such a reference. (3) The Inner House may refer any compatibility question which arises in proceedings before it (otherwise than on a reference under subsection (1) or (2)) to the Supreme 10 Court. (4) An appeal against a determination of a compatibility question by the Inner House on a reference under subsection (1) or (2) lies to the Supreme Court. (5) An appeal against a determination of a compatibility question by the Inner House from which there is no appeal to the Supreme Court apart from this subsection lies to the 15 Supreme Court only— (a) with the permission of the Inner House, or (b) if the Inner House has refused permission, with the permission of the Supreme Court. 29 Direct references to Supreme Court: compatibility question arising in proceedings 20 The Lord Advocate may require any court or tribunal to refer to the Supreme Court any compatibility question which has arisen in proceedings before it to which the Lord Advocate is a party. 30 Direct references to Supreme Court: compatibility question not arising in proceedings 25 (1) The Lord Advocate may refer to the Supreme Court any compatibility question which is not the subject of proceedings. (2) Subsections (3) to (5) apply where a reference is made under subsection (1) in relation to a compatibility question that relates to the proposed exercise of a function by a public authority. 30 (3) The Lord Advocate must notify the public authority of the making of the reference. (4) The public authority may not exercise the function in the manner proposed during the period beginning with the receipt...

Official Report Meeting date: 13 December 2007

Plenary, 13 Dec 2007

Ministerial Code (Complaints) To ask the First Minister whether he will consider appointing an independent person to investigate complaints made under the Scottish ministerial code.

Official Report Meeting date: 10 February 2016

Finance Committee 10 February 2016

Accordingly, amendment 5 instructs the Scottish Fiscal Commission to “prepare reports setting out its forecasts of receipts from the devolved taxes”; amendment 6 instructs the commission to “prepare reports setting out its forecasts of receipts from income tax attributable to a Scottish rate resolution”; and amendment 7 instructs the commission to “prepare reports setting out its forecasts of receipts from non-domestic rates.”

Official Report Meeting date: 21 May 2014

Finance Committee 21 May 2014

If the receipts were below the expectation, the Government would have to compensate for that from elsewhere in its tax or expenditure plans in order to manage.

Official Report Meeting date: 6 October 2010

Public Audit Committee 06 October 2010

We will consider action at a later point in the agenda.“Draft Code of Audit Practice” “Draft Code of Audit Practice” I am looking at the time.

Official Report Meeting date: 23 June 2020

Justice Committee 23 June 2020 (Virtual)

Article 371-4 of the French civil code states that the child has the right to maintain personal relationships with his ancestors and that only the interests of the child can hinder that right.

Official Report Meeting date: 5 November 2019

Meeting of the Parliament 05 November 2019

The minister might want to clarify why the Criminal Justice and Public Order Act 1994 does not apply to the UEFA European championship. The introduction of a voluntary code of conduct changed the behaviour of Ticketmaster and raised standards across the industry.

SPICe briefings Date published: 6 November 2019

Homelessness in Scotland

Code of Guidance on Homelessness. Retrieved from <a href="https://www.gov.scot/publications/code-guidance-homelessness/" target="_blank">https://www.gov.scot/publications/code-guidance-homelessness/</a> [accessed 08 August 2019] The Homelessness Code of Guidance is currently being reviewed due to recent legislative changes.

Official Report Meeting date: 9 March 2016