There are 87,732 results relating to "Getting the Inactive Active"
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Last updated:
22 June 2023
SPBill16BS062023
.”, (b) in subsection (3), for “such representations” substitute “representations under 25 subsection (2)”. (4) After section 17A insert— “17B Review by Parole Board of decision to recommend or direct release on licence (1) This section applies where— 30 (a) the Parole Board recommends or directs that a prisoner be released on licence under this Part, and (b) the prisoner has not yet been released on licence as a result of the Board’s recommendation or, as the case may be, direction. (2) The Parole Board may, if subsection (3) applies, review its recommendation 35 or, as the case may be, direction that the prisoner be released on licence. (3) This subsection applies if information comes to the Parole Board’s attention— (a) that was not available to the Board when it made its recommendation or, as the case may be, direction, and (b) which, in the opinion of Board, has a significant bearing on the prisoner’s 40 suitability for release on licence.”. 14 Bail and Release from Custody (Scotland) Bill Part 2—release from custody 8 Power to release early (1) The 1993 Act is amended as follows. (2) After section 3B (review of decisions as to determinate sentences) insert— “3C Power to release early 5 (1) The Scottish Ministers may by regulations provide that a person of a description specified in the regulations is to be released from prison early on a date that is— (a) either— (i) specified in the regulations, or 10 (ii) determined in accordance with provision made in the regulations, 1 and (b) not later than the regulations’ latest release date. (2) The Scottish Ministers may make regulations under this section only if they are satisfied that making the regulations is necessary and proportionate, in 15 response to the effects an emergency situation is having or is likely to have on a prison or prisons generally, for the purpose of protecting— (a) the security and good order of any prison to which the regulations would relate, or (b) the health, safety or welfare of prisoners, or those working, in any such 20 prison. (3) Regulations under this section may— (a) provide that long term prisoners released by virtue of those regulations are released on licence, (b) specify standard conditions which must be included in any licence granted 25 by virtue of paragraph (a). (3A) A person is not to be released from prison by virtue of regulations under this section more than 180 days earlier than the Scottish Ministers would otherwise be required to release the person. (4) A person is not to be released from prison by virtue of regulations under this 30 section if— (a) the person falls within subsection (5), or (b) the governor of the prison within which the person is detained considers that the person would, if released, pose an immediate risk of harm— (i) to an identified person, or 35 (ii) to an identified group of people. (5) A person falls within this subsection if the person is— (a) a life prisoner, (b) an untried prisoner, (c) a terrorist prisoner within the meaning of section 1AB, 15 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (d) due to serve a terrorism sentence within the meaning of section 1B but, by virtue of that section, is not yet serving it, (e) liable to removal from the United Kingdom for the purposes of section 9, 5 (f) subject to a supervised release order under section 209 of the Criminal Procedure (Scotland) Act 1995, (g) serving a sentence passed under section 210A of that Act (extended sentences for sex, violent and terrorist offenders), (h) the subject of proceedings under the Extradition Act 2003, 10 (i) subject to the notification requirements of Part 2 of the Sexual Offences 1 Act 2003, (j) serving a sentence of imprisonment or detention for an offence— (i) that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, 15 (ii) under section 1(1) of the Domestic Abuse (Scotland) Act 2018, (iii) under section 7(1) or 17(1) of the Domestic Abuse (Protection) (Scotland) Act 2021, (k) a long-term prisoner, unless that prisoner has been recommended for release by the Parole Board at the date on which the regulations are 20 made. (5A) The Scottish Ministers must, no later than one year after the date on which this section comes into force and in such manner as they consider appropriate, publish guidance about the application of subsection (4)(b). (5B) The Scottish Ministers may from time to time revise the guidance published 25 under subsection (5A) and subsection (5C) applies to any revised guidance. (5C) The governor of a prison must have regard to guidance published under subsection (5A) in considering the application of subsection (4)(b) in relation to regulations made under this section. (6) Regulations under this section may make different provision for different 30 purposes. (7) In this section— “emergency situation” means— (a) the incidence or spread of infection, contamination or the source of contamination which presents or could present significant harm 35 to human health in Scotland (whether from risks originating there or elsewhere), (b) an event or situation which has resulted in any prison (or part of a prison) to which the regulations would relate being unusable, (c) any other event or situation which is reasonably considered by the 40 Scottish Ministers to place at significant risk— (i) the security and good order of a prison or prisons generally, 16 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (ii) the health, safety, and welfare of prisoners, or those working, in any such prison, “governor” in relation to a prison, means— (a) the governor appointed for the prison under section 3(1A) of the 5 Prisons (Scotland) Act 1989, or (b) in the case of a contracted out prison, the director appointed for the prison under section 107(1)(a) of the Criminal Justice and Public Order Act 1994, “latest release date” means a date specified in the regulations in question, 10 which must be a date within the period of 180 days beginning with the 1 day that the regulations are made, “untried prisoner” means a person who, whether or not in prison for any other reason, is in prison— (a) having been committed for examination or trial on a criminal 15 charge, (b) by virtue of remand in custody under the Extradition Act 2003, (c) by virtue of detention under Schedule 2 or 3 of the Immigration Act 1971, or (d) following conviction and awaiting sentence. 20 3D Parliamentary scrutiny of regulations made under section 3C (1) Regulations under section 3C are subject to the affirmative procedure, unless subsection (2) applies to them. (2) This subsection applies to regulations if the Scottish statutory instrument containing the regulations includes a declaration that the Scottish Ministers 25 are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being subject to the affirmative procedure. (3) Where subsection (2) applies to regulations— (a) section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010 does not apply to the regulations, 30 (b) the Scottish statutory instrument containing the regulations must be laid before the Scottish Parliament as soon as practicable after they are made, (c) the Scottish Ministers must explain why they are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being subject to the affirmative procedure, and 35 (d) the regulations cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the Scottish statutory instrument containing them is approved by resolution of the Parliament. (4) In calculating the period of 28 days mentioned in subsection (3)(d), no account 40 is to be taken of any time during which the Scottish Parliament is— (a) in recess for more than 4 days, or (b) dissolved. 17 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (5) Regulations ceasing to have effect by virtue of subsection (3)(d) neither— (a) affects anything done under the regulations before they ceased to have effect, nor (b) prevents new regulations being made under section 3C. 5 3E Effect of early release from prison or young offenders institution by virtue of regulations (1) A person described in the first column of the table below who is released from custody by virtue of regulations under section 3C is deemed to have been released by virtue of the provision of this Act mentioned in the corresponding 10 entry in the second column. 11 1 Status of person immediately before release Provision of this Act by virtue of which the person is deemed to have been released 15 15 A short-term prisoner section 1(1) 16 A long-term prisoner section 1(3) 17 A person serving a term of imprisonment or section 1(1), construed as 18 detention imposed on a basis mentioned in section required by section 5(2) 5(1)(a) or (b) (fine defaulters and persons in 20 contempt of court) and who is, for any purpose, to be treated as a short-term prisoner by virtue of that section 23 A person serving a term of imprisonment or section 1(3), construed as 24 detention imposed on a basis mentioned in section required by section 5(2) 25 5(1)(a) or (b) and who is, for any purpose, to be treated as a long-term prisoner by virtue of that section 28 (a) A person detained— section 7(2) (i) under section 208 of the Criminal 30 Procedure (Scotland) Act 1995 (detention of children convicted on indictment), or (ii) in pursuance of an order under section 7(3) (children detained in solemn 35 proceedings) (2) In this section, “short-term prisoner” and “long-term prisoner” include a person treated, for any purpose, as a short-term prisoner or (as the case may be) a long term prisoner by virtue of section 6(1)(a) or 16(5)(a).”. (3) In section 12 (conditions in licence), after subsection (3) insert— 40 “(3A) Subsection (3)(b) does not apply in relation to a standard condition in a licence granted by virtue of regulations under section 3C(3).”. (4) After that section insert— 18 Bail and Release from Custody (Scotland) Bill Part 2—release from custody “12ZA Conditions for persons released on licence under section 3C(3) (1) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) remain in force (unless they are cancelled) in relation to a released person until the date on which the released person would, but for 5 release by virtue of the regulations, fall to be released under section 1(3). (2) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) may include a curfew condition complying with section 12AB.”. 9 Duty to engage in release planning (1) The Community Justice (Scotland) Act 2016 (“the 2016 Act”) is amended as follows. 10 (2) After section 34 (innovation, learning and development activity...
Last updated:
7 March 2023
BB20210115
Instruments subject to affirmative procedure: The Committee will consider the following— Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 (SSI 2020/draft); Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (SSI 2020/draft); Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (SSI 2020/draft); Human Tissue (Authorisation) (Specified Type B Procedures) (Scotland) Regulations 2021(SSI 2021/draft); Single Use Carrier Bags Charge (Scotland) Amendment Regulations 2021 (SSI 2021/draft). 4.
Last updated:
7 March 2023
BB20200925
Supported by: Kenneth Gibson*, David Torrance* *S5M-22831 Gordon Lindhurst: Pentlands Community Space Receives Funding—That the Parliament congratulates Pentlands Community Space on receiving £33,000 from the Scottish Land Fund to purchase a site on Lanark Road, Juniper Green; commends the intention to build a two-storey community hub with a flat for affordable rent; understands that rental income from the flat will be used to sustain activities...
Last updated:
7 March 2023
BB20200318
Supported by: Stewart Stevenson*, Sandra White*, Rona Mackay*, Stuart McMillan*, Richard Lyle*, David Torrance*, Bill Kidd* *S5M-21276 Gordon Lindhurst: Heriot-Watt Team Develop New Artificial Intelligence Software—That the Parliament congratulates Alana, an Edinburgh-based spin-off company of Heriot-Watt University, on its official launch; understands that the company is pioneering a touch- free interface, which is differentiated from other voice-activated...
Last updated:
7 March 2023
BB20200203
*S5M-20690 Donald Cameron: Oban and Lorn Pupils Attend Under the Sea STEM Event at the Ocean Explorer Centre—That the Parliament congratulates everyone who helped to facilitate the participation of more than 90 young people from across Oban and Lorn in the recent Under the Sea Science, Technology, Engineering and Maths (STEM) event at the Ocean Explorer Centre in Dunbeg, which is a visitor centre of the Scottish Association for Marine Science; recognises the vital importance of encouraging young people to engage in STEM-related activities...
Last updated:
7 March 2023
BB20200127
*S5M-20594 Peter Chapman: RNLI Strongman—That the Parliament congratulates Vic Sutherland on aiming to raise £1,350 towards new personal protection equipment for crew members for the RNLI Fraserburgh Lifeboat Station; understands that Vic will attempt to lift 135 tonnes, which is the combined weight of the five active lifeboats used by the RNLI, and wishes ...
Last updated:
7 March 2023
BB20181119
*S5M-14796 Neil Findlay: 16 Days of Action That the Parliament commends the West Lothian — Violence Against Women and Girls Partnership, which is leading on the 16 days of action for the elimination of violence against women, which runs from 25 November to 10 December 2018; understands that activities will commence on 23 November with a march from Howden Pa...
Last updated:
7 March 2023
BB20170623
Supported by: Graeme Dey*, Stuart McMillan*, David Stewart*, Iain Gray*, Edward Mountain* *S5M-06315 Stuart McMillan: Young Start Funding for Inverclyde Organisations That the — Parliament congratulates two Greenock-based organisations, Enterprise Childcare and the Inverclyde Carers Centre, on being awarded what it considers crucial funding by the Big Lottery Fund through its Young Start programme; notes that Enterprise Childcare has received a £10,504 grant that will support up to 30 8- to 16-year-olds who have autism by providing play and activity...
Last updated:
7 March 2023
BB20170504
(Scotland) Amendment Regulations 2017 (SSI 2017/98) (30 March 2017) (Rural Economy and Connectivity) Subject to annulment by 25 May 2017 Lead committee to report by 22 May 2017 Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/101) (31 March 2017) (Environment, Climate Change and Land Reform) Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/102) (31 March 2017) (Local Government and Communities) Subject to annulment by 26 May 2017 Lead committee to report by 22 May 2017 Thursday 4 May 2017 26 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Progress of Legislation | Adhartas Reachdais Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017 (SSI 2017/112) (13 April 2017) (Environment, Climate Change and Land Reform) Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/113) (13 April 2017) (Environment, Climate Change and Land Reform) Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/114) (13 April 2017) (Environment, Climate Change and Land Reform) Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/115) (13 April 2017) (Environment, Climate Change and Land Reform) Subject to annulment by 29 May 2017 Lead committee to report by 22 May 2017 Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2017 (SSI 2017/118) (20 April 2017) (Rural Economy and Connectivity) Subject to annulment by 30 May 2017 Lead committee to report by 29 May 2017 Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2017 (SSI 2017/120) (21 April 2017) (Local Government and Communities) Subject to annulment by 5 June 2017 Lead committee to report by 29 May 2017 Regulation of Scallop Fishing (Scotland) Order 2017 (SSI 2017/127) (27 April 2017) (Rural Economy and Connectivity) M9/A90/M90 Trunk Road (Kirkliston to Halbeath) (Variable Speed Limits and Actively...
Last updated:
7 March 2023
BB20190201
Friday 1 February 2019 11 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Motions | Gluasadan Supported by: Annie Wells*, Richard Lyle*, Kenneth Gibson*, David Torrance*, Bill Kidd*, Mark McDonald*, Jackie Baillie* *S5M-15663 Gil Paterson: Active Schools Primary Basketball Competition That the — Parliament commends Active Schools in West Dunbartonshire on its successful P5 basketball competition; understands that the competition, which took place in Clydebank Leisure Centre and was part of the West Dunbartonshire School Games, encourages exercise and healthy living and was enjoyed by all who took part; congratulates St Mary s Primary School on its winning ’ performance, and thanks the students of West College Scotland who volunteered their time to help referee the matches.
