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Official Report Meeting date: 24 April 2018

Delegated Powers and Law Reform Committee 24 April 2018

What the bill does in section 5—option 3—is pure common sense. The Morrison v ICL Plastics Ltd case created an absurdity in that you might not know who was the cause of the negligence but the time is still ticking away.
Official Report Meeting date: 6 March 2025

Constitution, Europe, External Affairs and Culture Committee 06 March 2025

Before I introduce the witnesses, I state that there is an active court case, Biffa Waste Services Limited v Scottish Ministers, which is relevant to the committee’s current inquiry.
Official Report Meeting date: 6 June 2024

Meeting of the Parliament 06 June 2024

That is completely in line with what the courts held in North Lanarkshire Council v Crossan and Airdrie Savings Bank in 2008 and in McKenzie v City of Edinburgh Council in 2023.
Last updated: 27 January 2021

SPBill64AS052021

Heat Networks (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section PART 1 EAT NETWORKS LICENCES H Introductory 1 Meaning of “heat network” 2 Requirement for heat networks licence 3 Exemptions from requirement for heat networks licence 4 Meaning of “licensing authority” eat networks licence applications H 5 Heat networks licence applications Conditions of heat networks licence 6 Heat networks licence standard conditions 7 Heat networks licence standard conditions: supplementary 8 Heat networks licence special conditions uration of heat networks licence D 9 Period of effect of heat networks licence Modification of heat networks licence 10 Modification of heat networks licence evocation of heat networks licence R 11 Revocation of heat networks licence 11A Appeals against revocation of heat networks licence Miscellaneous 12 Form and manner etc. of applications under Part 1 13 Regulations about determining applications under Part 1 14 Guidance for licensing authority 15 Register of heat networks licences 16 Interpretation of Part 1 SP Bill 64A Session 5 (2021) ii Heat Networks (Scotland) Bill PART 2 EAT NETWORK CONSENT H Introductory 17 Requirement for heat network consent 18 Exemptions from requirement for heat network consent 18A Designation of local authority as consent authority for the area of the local authority 18B Meaning of “appropriate consent authority” Heat network consent applications 19 Heat network consent applications 20 Determining heat network consent applications Heat network consent conditions or limitations 21 Heat network consent conditions or limitations Transfer, modification and revocation of heat network consent 22 Transfer of heat network consent 23 Modification of heat network consent 24 Revocation of heat network consent 24A Appeals against notice of revocation given by local authority Scottish Ministers’ powers of call-in, direction and appeal regarding heat network consent applications etc. to local authorities 24B Call-in of heat network consent applications etc. by the Scottish Ministers 24C Directions as to method of dealing with heat network consent applications etc. by local authorities 24D Appeals regarding applications for heat network consent etc. to local authorities Compensation 25 Compensation on modification or revocation of heat network consent Miscellaneous 26 Form and manner etc. of applications under Part 2 26A Effective community engagement: guidance 27 Regulations about determining applications under Part 2 27A Applications and decisions under Part 2 where there is more than one appropriate consent authority Enforcement of requirement for heat network consent 28 Meaning of “enforcement authority” 29 Power to require information about activities on land 30 Enforcement notice 31 Withdrawal or variation of enforcement notice 32 Appeals against enforcement notice 33 Offence of failing to comply with enforcement notice 34 Execution and cost of works required by enforcement notice 35 Deemed planning permission on granting or modifying heat network consent 35A Combining applications to local authorities for heat network consent and planning permission Heat Networks (Scotland) Bill iii Interpretation 36 Interpretation of Part 2 ART 3 P EAT NETWORK ZONES H Designation of heat network zone 37 Power to designate heat network zone 38 Duty on local authority to review heat network zoning in area 39 Designation of heat network zone by local authority 40 Designation of heat network zone by Scottish Ministers ariation of heat network zone V...
Last updated: 11 May 2020

Policy Memorandum Coronavirus Scotland No2 BIll

The judgment is available at http://hudoc.echr.coe.int/eng?i=001-57616. 4 Anthony Aquilina v Malta, no. 3581/12, 14 December 2014.
Last updated: 25 October 2019

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Act 2004 (trafficking people for exploitation), (iiia) an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015), 19 This document relates to the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill as amended at Stage 2 (SP Bill 34A) (iv) an offence the commission of which involves domestic abuse, or (v) an offence of stalking, or (d) there is considered to be a significant risk of harm to the person by reason only of the fact that the person is giving or is to give evidence in the proceedings. (1AA)The Scottish Ministers may by order subject to the affirmative procedure modify subsection (1)(c). (2) In determining whether a person is a vulnerable witness by virtue of subsection (1)(b) or (d) above, the court shall take into account— (a) the nature and circumstances of the alleged offence to which the proceedings relate, (b) the nature of the evidence which the person is likely to give, (c) the relationship (if any) between the person and the accused, (d) the person's age and maturity, (e) any behaviour towards the person on the part of— (i) the accused, (ii) members of the family or associates of the accused, (iii) any other person who is likely to be an accused or a witness in the proceedings, and (f) such other matters, including— (i) the social and cultural background and ethnic origins of the person, (ii) the person's sexual orientation, (iii) the domestic and employment circumstances of the person, (iv) any religious beliefs or political opinions of the person, and (v) any physical disability or other physical impairment which the person has, as appear to the court to be relevant. (3) For the purposes of subsection (1)(a), section 271B(1)(b) and sections 271BZA to 271BZC above and section 271B(1)(b) below, proceedings shall be taken to have commenced— 20 This document relates to the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill as amended at Stage 2 (SP Bill 34A) Formatted: BillSectionPara, Indent: Left: 1.75 cm, Hanging: (a) where it is relevant to a court’s consideration of whether to 0.75 cm, Tab stops: 2.5 cm, Left + Not at 1.5 cm authorise the use of the special measure of taking evidence by commissioner (on its own or in combination with any other special measure) and the accused has appeared on petition, on the date when the accused appeared on petition, or (b) in any other case, on the date commenced when the indictment or, as the case may be, complaint is served on the accused. (4) In subsection (1)(b) above, the reference to the quality of evidence is to its quality in terms of completeness, coherence and accuracy. (4A) In determining whether a person is a vulnerable witness under subsection (1)(b) or (d), the court must— (a) have regard to the best interests of the witness, and (b) take account of any views expressed by the witness. (5) In this section and sections 271A to 271M of this Act— “child witness” means a vulnerable witness referred to in subsection (1)(a), “court” means the High Court or the sheriff court, “deemed vulnerable witness” means a vulnerable witness referred to in subsection (1)(c), “hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court or the sheriff court. (6) In sections 271A to 271M of this Act, “special measure” means any of the special measures set out in, or prescribed under, section 271H below.
Official Report Meeting date: 19 September 2019

Standards, Procedures and Public Appointments Committee 19 September 2019

That was helpfully litigated on in the case of Thierry Delvigne v Commune de Lesparre-Médoc and Préfet de la Gironde a few years ago, in 2015.
Official Report Meeting date: 3 November 2020

Justice Committee 03 November 2020

We cited in our submission the case of the bill of suspension by Holman Fenwick Willan LLP and Duff & Phelps Ltd v the procurator fiscal at Glasgow.
Official Report Meeting date: 30 January 2018

Justice Committee 30 January 2018

Under the Lugano convention, as I explained earlier—because of the decision in Gasser v MISAT—they do not have to give way to London.
Committees Date published: 18 September 2020

Consent notifications considered by the Justice Committee, 15 September 2020

The purpose of the proposed Regulations is to provide technical fixes to UK legislation to deliver a functioning statute book at the end of the Transition Period, regardless of the outcome of negotiations in the area of Law Enforcement and Criminal Justice Cooperation, that reflects the Withdrawal Agreement reached between the UK and the EU and the EEA EFTA Separation Agreement reached between the UK and Norway, Iceland and Liechtenstein (“the Agreements”). Title V...

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