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Official Report
Meeting date:
27 September 2018
Culture, Tourism, Europe and External Affairs Committee 27 September 2018
The transformation of culture is not just about having the V&A in Dundee, however remarkable that is.
Official Report
Meeting date:
16 January 2018
Environment, Climate Change and Land Reform Committee 16 January 2018
The way that we apply it is very much in line with the case law of Lawrie v Muir. In that case, the full bench concluded that an irregularity in the obtaining of evidence does not necessarily mean that the evidence is inadmissible.
Last updated:
24 June 2020
SPBill52AS052020
(Protection and Jurisdiction) (Scotland) Act 2011, (c) the reference to being forced into a civil partnership is to be construed in accordance with the provisions mentioned in paragraph (b), subject to the references in those provisions to marriage being read as references to 20 civil partnership. (3) The Scottish Ministers may by regulations— (a) modify the list of conduct in subsection (1) by— (i) adding a description of conduct, or (ii) modifying or removing a description of conduct added to the list 25 by regulations under this paragraph, and (b) make any other modifications to this section that appear to the Scottish Ministers to be necessary or expedient in consequence of provision modifying the list. (4) Regulations under subsection (3) are subject to the affirmative procedure. 30 11B Deemed vulnerable witnesses: proceedings concerning order under section 11(1) of the Children (Scotland) Act 1995 (1) In proceedings to which subsection (2) applies, the court is to consider a person to whom subsection (3) or (4) applies to be a vulnerable witness. (2) This subsection applies to proceedings, other than relevant proceedings, in 35 which the court is considering whether to make an order under section 11(1) of the Children (Scotland) Act 1995. (3) This subsection applies to a person if there is in force a non-harassment order, interdict or any similar order or remedy granted by a court prohibiting certain conduct towards the person by a party to the proceedings. 40 (4) This subsection applies to a person if— Children (Scotland) Bill 7 (a) a relevant offence has been committed against the person and a party to the proceedings has been convicted of committing it, or (b) a party to the proceedings is being prosecuted for committing a relevant offence against the person. 5 (5) For the purposes of subsection (4)— (a) the following are relevant offences— (i) an offence specified in section 288C(2) of the Criminal Procedure (Scotland) Act 1995, (ii) an offence specified in section 288DC(1) of that Act, 10 (iii) an offence specified in section 288E(3) of that Act, (iiia) an offence under section 1(1) of the Prohibition of Female Genital Mutilation (Scotland) Act 2005, (iiib) an offence under section 3(1) of that Act, (iiic) an offence under section 39 of the Criminal Justice and Licensing 15 (Scotland) Act 2010, (iiid) an offence under section 122(1) of the Anti-social Behaviour, Crime and Policing Act 2014, (iiie) an offence under section 122(3) of that Act, (iv) an offence which, in the opinion of the court, is the equivalent in 20 the law of England and Wales, Northern Ireland or a member State of the European Union to an offence mentioned in any of the preceding sub-paragraphs, (b) a person is to be regarded as being prosecuted for committing an offence if— 25 (i) a prosecutor has initiated proceedings against the person in respect of the offence, and (ii) those proceedings have not yet been dismissed or resulted in the conviction or acquittal of the person in respect of the offence. (6) The Scottish Ministers may by regulations— 30 (a) modify the list of offences in subsection (5)(a) by— (i) adding an offence, or (ii) removing, or modifying the description of, an offence added to the list by regulations under this paragraph, and (b) may make any other modifications to this section that appear to the 35 Scottish Ministers to be necessary or expedient in consequence of provision modifying the list. (7) Regulations under subsection (6) are subject to the affirmative procedure.”. (3A) In section 12 (orders authorising the use of special measures for vulnerable witnesses), after subsection (3), insert— 8 Children (Scotland) Bill “(3A) The court may not make an order under subsection (1)(b) above in relevant proceedings if it is required by section 22C or 22D to consider the special measure described by section 22B to be the most appropriate for the purpose of taking the child witness’s evidence (or one of them if the court considers other 5 special measures to be appropriate too).”. (4) After section 22A insert— “22B Prohibition on personal conduct of case (1) In proceedings to which subsection (2) applies, the special measures which may be authorised by virtue of section 12 or 13 for the purpose of taking the 10 evidence of a vulnerable witness include prohibiting the parties to the proceedings from conducting their own cases in person. (2) The proceedings to which this subsection applies are— (a) relevant proceedings, and (b) proceedings in which the court is considering whether to make an order 15 under section 11(1) of the Children (Scotland) Act 1995. (3) The prohibition may be applied to one or more of the parties or all of them. (4) The prohibition does not prevent a party to whom it applies from conducting the party’s own case in person until the beginning of the first hearing in the proceedings at, or for the purposes of, which a witness is to give evidence. 20 (5) Where the special measure described by subsection (1) is to be used the court must— (a) inform the parties to whom the prohibition applies that it applies to them, (b) explain to those parties the effect of the prohibition, and (c) ascertain whether each party to whom the prohibition applies has a 25 solicitor to conduct the party’s case. (6) If, at any point in the proceedings, the court— (a) ascertains that a party to whom the prohibition applies does not have a solicitor to conduct the party’s case, and (b) is not satisfied that the party intends to engage a solicitor to do so, 30 the court must appoint a solicitor to conduct the party’s case. (7) The court may only appoint a solicitor entered on the register established in accordance with section 6 of the Children (Scotland) Act 2020. (8) An appointed solicitor— (a) is to ascertain and act upon the instructions of the party for whom the 35 solicitor has been appointed to act, or (b) in the event that the party gives no instructions, or gives instructions that are inadequate or perverse, is to act in the party’s best interests. (9) An appointed solicitor— (a) may not be dismissed by the party for whom the solicitor has been 40 appointed to act, Children (Scotland) Bill 9 (b) may be relieved from the appointment by the court if the court is satisfied that the solicitor is no longer able to act upon the party’s instructions or in the party’s best interests. (10) In this section, references to a party to proceedings do not include— 5 (a) the Principal Reporter, (b) a person appointed to act as a curator ad litem in the proceedings, (c) a safeguarder for a child in the proceedings appointed under the 2011 Act. (11) For the avoidance of doubt, the special measure described by this section is a 10 measure for the purpose of taking the evidence of a vulnerable witness, notwithstanding that the measure affects the conduct of the proceedings more widely. 22C Requirement to prohibit personal conduct of case (1) Subsection (2) applies in relevant proceedings where— 15 (a) the court is considering what special measure or measures would be most appropriate for the purpose of taking a witness’s evidence, (b) because of conduct perpetrated or alleged to have been perpetrated by a party to the proceedings, the witness is deemed to be a vulnerable witness by virtue of section 11A, and 20 (c) that party intends to examine, or cross-examine, the witness. (2) The court is to consider that the most appropriate special measure for the purpose of taking the witness’s evidence (or one of them) is prohibiting the party referred to in subsection (1) from conducting the party’s own case in person in accordance with section 22B. 25 (3) If the court is required— (a) by this section to consider the special measure described by section 22B to be the most appropriate for the purpose of taking the witness’s evidence, and (b) by section 12(3) to consider another special measure to be the most 30 appropriate for the purpose, the court is to consider those measures together to be the most appropriate for the purpose. 22D Presumption that personal conduct of case should be prohibited (1) Where a court is considering what special measure or measures would be most 35 appropriate for the purpose of taking a witness’s evidence— (a) the presumption set out in subsection (2) applies (subject to subsection (4)) in relevant proceedings, and (b) the presumption set out in subsection (5) applies (subject to subsection (6)) in any other proceedings in which the court is considering whether 40 to make an order under section 11(1) of the Children (Scotland) Act 1995. 10 Children (Scotland) Bill (2) The presumption referred to in subsection (1)(a) is that prohibiting each party who intends to examine, or cross-examine, the witness from conducting the party’s own case in person, in accordance with section 22B, is the most appropriate special measure for the purpose of taking the witness’s evidence 5 (or one of them if the court considers other special measures to be appropriate too). (3) In subsection (2), “party” does not include a person mentioned in section 22B(10). (4) The presumption set out in subsection (2) is rebutted, in relation to a party, if 10 (and only if) the court is satisfied that— (a) applying the special measure described by section 22B to the party would, in the circumstances, give rise to a significant risk of prejudice to the fairness of the proceedings or otherwise to the interests of justice, and 15 (b) that risk significantly outweighs any risk of prejudice to the interests of the witness if the special measure is not applied to the party. (5) The presumption referred to in subsection (1)(b) is that if— (a) the witness is deemed to be a vulnerable witness either— (i) by virtue of section 11B(3) because an order or remedy granted by 20 a court prohibits certain conduct towards the witness by a party to the proceedings, or (ii) by virtue of section 11B(4) because a party to the proceedings committed, or is alleged to have committed, an offence against the witness, and 25 (b) the party in question intends to examine, or cross-examine, the witness, prohibiting that party from conducting the party’s own case in person, in accordance with section 22B, is the most appropriate special measure for the purpose of taking the witness’s evidence (or one of them if the court considers other special measures to be appropriate too). 30 (6) The presumption set out in subsection (5) is rebutted if (and only if)— (a) the court is satisfied that— (i) the witness has expressed a wish to give evidence without the benefit of the special measure described by section 22B being applied to the party, and 35 (ii) it is appropriate for the witness to do so, or (b) the court is satisfied that— (i) applying the special measure described by section 22B to the party would, in the circumstances, give rise to a significant risk of prejudice to the fairness of the proceedings or otherwise to the 40 interests of justice, and (ii) that risk significantly outweighs any risk of prejudice to the interests of the witness if the special measure is not applied to the party. (7) If the court is required— Children (Scotland) Bill 11 (a) by this section to consider the special measure described by section 22B to be the most appropriate for the purpose of taking the witness’s evidence, and (b) by section 12(3) to consider another special measure to be the most 5 appropriate for the purpose, the court is to consider those measures together to be the most appropriate for the purpose.”. 5 Hearing to ascertain if case involves vulnerable witnesses (1) The Children’s Hearings (Scotland) Act 2011 is modified as follows. 10 (2) After Part 17 insert— “P ART 17A P ROTECTION FOR VULNERABLE WITNESSES 176A Duty to ascertain whether vulnerable witnesses to give evidence (1) In proceedings under Part 10 or section 154, the court must fulfil the duty 15 specified in subsection (2) at a hearing held before the first hearing in which a person is to give evidence. (2) The duty is to ascertain whether— (a) any of the parties have cited, or intend to cite, a person who is or may be a vulnerable witness to give evidence at any point during the 20 proceedings, and (b) any party who is or may be a vulnerable witness intends to give evidence at any point during the proceedings (without having been cited as a witness by one of the other parties). (3) The hearing at which the court fulfils the duty specified in subsection (2)— 25 (a) is referred to in this Part as the preliminary hearing, (b) need not be a hearing solely for the purpose of fulfilling that duty. (4) If— (a) the court ascertains at the preliminary hearing that— (i) a party has cited, or intends to cite, a witness who the court is 30 satisfied is a vulnerable witness, or (ii) a party who the court is satisfied is a vulnerable witness intends to give evidence, (b) no child witness notice in respect of that witness has been lodged with the court, and 35 (c) no vulnerable witness application in respect of that witness has been made to the court, the court must also ascertain at the preliminary hearing the party’s views as to the special measure or measures (if any) that would be most appropriate for the purpose of taking the witness’s evidence. 12 Children (Scotland) Bill (5) Where a party is considering for the purposes of subsection (4) which of the special measures is or are the most appropriate for the purpose of taking the evidence of a witness the party has cited, or intends to cite, section 15(2) of the Vulnerable Witnesses Act applies to the party as it would if the party were 5 considering that matter for the purposes of a child witness notice or (as the case may be) a vulnerable witness application. 176B Power to order special measures without child witness notice (1) This section applies where— (a) at a preliminary hearing, the court ascertains that a party has cited, or 10 intends to cite, a witness who the court is satisfied is a child witness, and (b) no child witness notice in respect of that witness has been lodged with the court. (2) At the end of the preliminary hearing, the court may make an order in relation to the witness under section 12(1) of the Vulnerable Witnesses Act. 15 (3) In making an order by virtue of subsection (2), the court must have regard to any views of the party mentioned in subsection (1) that were ascertained in accordance with section 176A(4). (4) If the court makes an order by virtue of subsection (2), the party mentioned in subsection (1) is relieved of the duty under section 12(2) of the Vulnerable 20 Witnesses Act to lodge a child witness notice in respect of the witness in question. 176C Power to order special measures without vulnerable witness application (1) This section applies where— (a) at a preliminary hearing under section 176A, the court ascertains that a 25 party has cited, or intends to cite, a witness who the court is satisfied— (i) is a vulnerable witness, but (ii) is not a child witness, and (b) no vulnerable witness application has been made to the court in respect of the witness. 30 (2) The court may make an order in relation to the witness under section 12(6) of the Vulnerable Witnesses Act, despite the fact that no vulnerable witness application has been made. (3) In making an order by virtue of subsection (2), the court must have regard to any views of the party mentioned in subsection (1) that were ascertained in 35 accordance with section 176A(4). 176D Interpretation of Part In this Part— “child witness” has the meaning given by section 11(1)(a) of the Vulnerable Witnesses Act, 40 “child witness notice” has the meaning given by section 12(2) of the Vulnerable Witnesses Act, Children (Scotland) Bill 13 “preliminary hearing” has the meaning given by section 176A(3), “vulnerable witness” means a person who is a vulnerable witness for the purposes of the Vulnerable Witnesses Act (including any person deemed to be a vulnerable witness by virtue of section 11A of that Act), 5 “vulnerable witness application” has the meaning given by section 12(6)(a) of the Vulnerable Witnesses Act, “the Vulnerable Witnesses Act” means the Vulnerable Witnesses (Scotland) Act 2004.”. 6 Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 10 2004 (1) The Scottish Ministers must— (a) establish, and (b) (subject to provision made under subsection (2)(c)) maintain, a register of solicitors who may be appointed by a court under section 22B(6) of the 15 Vulnerable Witnesses (Scotland) Act 2004. (2) The Scottish Ministers, by regulations— (a) must— (i) specify the requirements that a person must satisfy in order to be included, and remain, on the register (which may include requirements as to training 20 and qualifications), (ii) set out the processes for including a person on, and removing a person from, the register (including appeal rights), (b) may provide for the remuneration by the Scottish Ministers of solicitors appointed under section 22B(6) of the Vulnerable Witnesses (Scotland) Act 2004, including 25 expenses and outlays (such as counsel’s fees), (c) may— (i) confer the duty of maintaining the register on a person, and (ii) make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for 30 giving full effect to provision made by virtue of sub-paragraph (i). (3) Before making regulations under subsection (2), the Scottish Ministers must consult— (a) the Faculty of Advocates, and (b) the Law Society of Scotland. (4) Regulations under subsection (2)— 35 (a) are subject to the affirmative procedure if, by virtue of paragraph (c)(ii) of that subsection, they add to, replace or omit any part of the text of an Act, but (b) otherwise are subject to the negative procedure. 7 Vulnerable parties (1) The Children (Scotland) Act 1995 is modified as follows. 14 Children (Scotland) Bill (2) After section 11A insert— “11B Vulnerable parties (1) In proceedings to which subsection (2) applies, the court may order the use of a special measure in relation to a party if the court considers that— 5 (a) attending or participating in hearings is causing, or is likely to cause, the party distress, (b) the party’s distress is likely to be reduced by the use of the special measure, and (c) the use of the special measure would not give rise to a significant risk of 10 prejudice to the fairness of the proceedings or otherwise to the interests of justice. (2) This subsection applies to proceedings, commenced on or after section 7 of the Children (Scotland) Act 2020 comes into force, in which the court is considering, or has considered, whether to make an order under section 11(1). 15 (3) An order under subsection (1) may authorise a special measure in relation to the whole of the proceedings or only a part of them. (4) A court may vary or revoke an order it made under subsection (1). (5) An order under subsection (1) or (4) may be made— (a) at any time, and 20 (b) whether or not a party to the proceedings has applied for one. (6) The special measures which may be authorised by virtue of an order under subsection (1) or (4) are— (a) use of a live television link, (b) use of a screen, 25 (c) use of a supporter, (d) any other measure prescribed by the Scottish Ministers by regulations. (7) Regulations under subsection (6)(d) are subject to the affirmative procedure. (8) In considering whether attending or participating in hearings is causing, or is likely to cause, a person distress, the court must take into account— 30 (a) the nature and circumstances of any matters raised, or likely to be raised, in the proceedings, (b) the relationship (if any) between the person and any other party to the proceedings, (c) the person’s age and maturity, 35 (d) any behaviour towards the person on the part of— (i) any other party to the proceedings, (ii) members of the family or associates of any other party, (iii) any other person who is likely to be a party to the proceedings or a witness in the proceedings, and 40 (e) such other matters as appear to the court to be relevant, including— Children (Scotland) Bill 15 (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, 5 (v...
Last updated:
5 February 2020
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Non-Domestic Rates (Scotland) Bill 13 Part 2—Administration and enforcement of non-domestic rates (6) Regulations under subsection (1) are subject to the negative procedure. (7) In this section, “public school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980. 10 Charitable relief: independent schools 5 (1) Section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations) is amended as follows. (2) In subsection (9) (which provides for certain lands and heritages to be ineligible for reduction or remission of rates), after “1956,” insert “to lands and heritages which are wholly or mainly used for the purpose of carrying on an independent school other than a 10 school falling within subsection (9A),”. (3) After that subsection insert— “(9A) The schools falling within this subsection are— (a) any independent school all the pupils of which— (i) are selected on the basis of musical ability or potential, and 15 (ii) follow a curriculum which includes classes aimed at developing musical excellence, (b) any independent school which is a special school.”. (4) In subsection (10)— (a) after paragraph (a) insert— 20 “(aa) “independent school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,”, (b) after paragraph (c) insert “, (d) “special school” means a school falling within paragraph (a) of the definition of “special school” in section 29(1) of the Education 25 (Additional Support for Learning) (Scotland) Act 2004.”. (5) After subsection (13) insert— “(14) Any reduction or remission of rates in respect of lands and heritages which are wholly or mainly used for the purpose of carrying on an independent school, other than a school falling within subsection (9A), granted under subsection (5) 30 before the day on which section 10 of the Non-Domestic Rates (Scotland) Act 2020 comes into force ceases to have effect on that day.”. 11 Power to reduce or remit rates for certain organisations: guidance In section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations), after subsection (7) insert— 35 “(7A) The Scottish Ministers may issue guidance to rating authorities about the exercise of the powers conferred by subsections (5) to (7) in relation to lands and heritages of the type mentioned in subsection (5)(c). (7B) A rating authority must have regard to such guidance. (7C) Guidance under subsection (7A) may be— 40 (a) general or for particular purposes, 14 Non-Domestic Rates (Scotland) Bill Part 2—Administration and enforcement of non-domestic rates (b) different in relation to different persons or otherwise for different purposes. (7D) Before issuing guidance under subsection (7A), the Scottish Ministers must— (a) lay a draft of the proposed guidance before the Scottish Parliament, 5 (b) consult— (i) such person or persons as appear to the Scottish Ministers to represent the interests of local authorities, and (ii) such other persons as they consider appropriate. (7DA)The Scottish Ministers must not issue guidance under subsection (7A) until 10 after a period of 40 days beginning with the day on which the draft guidance was laid before the Parliament under subsection (7D)(a). (7DB)If, within that period, the Parliament resolves that the guidance proposed should not be issued, Ministers must not issue it. (7DC)In calculating any period of 40 days for the purposes of subsection (7DA) or 15 (7DB) above, no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days. (7E) Subsection (7D) is complied with even if the consultation took place, or began, before section 11 of the Non-Domestic Rates (Scotland) Act 2020 comes into force. 20 (7F) The Scottish Ministers must publish, in such manner as they consider appropriate, any guidance issued under subsection (7A). (7G) The power to issue guidance under subsection (7A) includes power to revise that guidance (and the references to guidance in subsections (7B) to (7F) include references to such revised guidance).”. 25 11A Unoccupied properties (1) The Local Government (Scotland) Act 1966 is amended as follows. (2) Section 24 (unoccupied lands and heritages) is repealed. (3) In section 24A (lands and heritages partly unoccupied for a short time)— (a) in subsection (2), the words “, subject to subsection (4),” are repealed, 30 (b) subsection (4) is repealed, (c) in subsection (5), for “, (3)(a), (c) and (d) and (4)” substitute “and (3)(a), (c) and (d)”, (d) subsection (6) is repealed. (4) In section 24B (certain lands and heritages to be treated as unoccupied)— 35 (a) in subsection (1)— (i) for “section 24” substitute “section 24A”, (ii) for “lands and heritages” where it first occurs substitute “a part of lands and heritages”, (iii) for “they” where it first occurs substitute “the part”, 40 (iv) for “lands and heritages” where it second occurs substitute “part”, Non-Domestic Rates (Scotland) Bill 15 Part 2—Administration and enforcement of non-domestic rates (v...
Last updated:
24 January 2020
Scottish Elections Reform Bill as introduced
Scottish Elections (Reform) Bill 23 Part 5—Final provisions 33 Publishing of proposals affecting Scottish Parliament constituencies In the opening words of paragraph 7(2) of schedule 1 of the Scotland Act 1998, for “at least one newspaper circulating in the constituency” substitute “such manner as it thinks fit”. 5 ART 5 P FINAL PROVISIONS 34 Ancillary provision (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for 10 the purposes of, in connection with or for giving full effect to this Act. (2) Regulations under subsection (1) may— (a) modify any enactment (including this Act), (b) make different provision for different purposes. (3) Regulations under subsection (1)— 15 (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, (b) otherwise, are subject to the negative procedure. 35 Commencement (1) This section and sections 34 and 36 come into force on the day after Royal Assent. 20 (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. (3) Regulations under this section may— (a) include transitional, transitory or saving provision, (b) make different provision for different purposes. 25 36 Short title The short title of this Act is the Scottish Elections (Reform) Act 2020. 24 Scottish Elections (Reform) Bill Schedule—Boundaries Scotland: modification of enactments SCHEDULE (introduced by section 28(3)) OUNDARIES SCOTLAND: MODIFICATION OF ENACTMENTS B Local Government (Scotland) Act 1973 5 1 (1) The Local Government (Scotland) Act 1973 is amended as follows. (2) In the following provisions, for “the Boundary Commission” substitute “Boundaries Scotland”— (a) section 12(2), (b) section 13, 10 (c) section 14(1), (2), (3) and (4), (d) section 15(1), (2), (3), (4) and (6), (e) section 16(3), (f) in section 18— (i) in subsection (1), 15 (ii) in subsection (2), in both places, (iii) in subsection (2A)(a), (iv) in subsection (3), (v...
Last updated:
9 December 2019
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Non-Domestic Rates (Scotland) Bill 13 Part 2—Administration and enforcement of non-domestic rates (3) In subsection (9) after “trustee” insert “or as a public school within the meaning of subsection (2)(ab)”. (4) In subsection (10) after paragraph (a) insert— “(ab) “public school” has the meaning given by section 135(1) of the 5 Education (Scotland) Act 1980,”. 10 Charitable relief: independent schools (1) Section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations) is amended as follows. (2) In subsection (9) (which provides for certain lands and heritages to be ineligible for 10 reduction or remission of rates), after “1956,” insert “to lands and heritages which are wholly or mainly used for the purpose of carrying on an independent school other than a school falling within subsection (9A),”. (3) After that subsection insert— “(9A) The schools falling within this subsection are— 15 (a) any independent school all the pupils of which— (i) are selected on the basis of musical ability or potential, and (ii) follow a curriculum which includes classes aimed at developing musical excellence, (b) any independent school which is a special school.”. 20 (4) In subsection (10)— (a) after paragraph (a) insert— “(aa) “independent school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,”, (b) after paragraph (c) insert “, 25 (d) “special school” means a school falling within paragraph (a) of the definition of “special school” in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004.”. (5) After subsection (13) insert— “(14) Any reduction or remission of rates in respect of lands and heritages which are 30 wholly or mainly used for the purpose of carrying on an independent school, other than a school falling within subsection (9A), granted under subsection (5) before the day on which section 10 of the Non-Domestic Rates (Scotland) Act 2020 comes into force ceases to have effect on that day.”. 11 Power to reduce or remit rates for certain organisations: guidance 35 In section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations), after subsection (7) insert— “(7A) The Scottish Ministers may issue guidance to rating authorities about the exercise of the powers conferred by subsections (5) to (7) in relation to lands and heritages of the type mentioned in subsection (5)(c). 40 (7B) A rating authority must have regard to such guidance. 14 Non-Domestic Rates (Scotland) Bill Part 2—Administration and enforcement of non-domestic rates (7C) Guidance under subsection (7A) may be— (a) general or for particular purposes, (b) different in relation to different persons or otherwise for different purposes. 5 (7D) Before issuing guidance under subsection (7A), the Scottish Ministers must— (a) lay a draft of the proposed guidance before the Scottish Parliament, (b) consult— (i) such person or persons as appear to the Scottish Ministers to represent the interests of local authorities, and 10 (ii) such other persons as they consider appropriate. (7DA)The Scottish Ministers must not issue guidance under subsection (7A) until after a period of 40 days beginning with the day on which the draft guidance was laid before the Parliament under subsection (7D)(a). (7DB)If, within that period, the Parliament resolves that the guidance proposed 15 should not be issued, Ministers must not issue it. (7DC)In calculating any period of 40 days for the purposes of subsection (7DA) or (7DB) above, no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days. (7E) Subsection (7D) is complied with even if the consultation took place, or began, 20 before section 11 of the Non-Domestic Rates (Scotland) Act 2020 comes into force. (7F) The Scottish Ministers must publish, in such manner as they consider appropriate, any guidance issued under subsection (7A). (7G) The power to issue guidance under subsection (7A) includes power to revise 25 that guidance (and the references to guidance in subsections (7B) to (7F) include references to such revised guidance).”. 11A Unoccupied properties (1) The Local Government (Scotland) Act 1966 is amended as follows. (2) Section 24 (unoccupied lands and heritages) is repealed. 30 (3) In section 24A (lands and heritages partly unoccupied for a short time)— (a) in subsection (2), the words “, subject to subsection (4),” are repealed, (b) subsection (4) is repealed, (c) in subsection (5), for “, (3)(a), (c) and (d) and (4)” substitute “and (3)(a), (c) and (d)”, 35 (d) subsection (6) is repealed. (4) In section 24B (certain lands and heritages to be treated as unoccupied)— (a) in subsection (1)— (i) for “section 24” substitute “section 24A”, (ii) for “lands and heritages” where it first occurs substitute “a part of lands and 40 heritages”, Non-Domestic Rates (Scotland) Bill 15 Part 2—Administration and enforcement of non-domestic rates (iii) for “they” where it first occurs substitute “the part”, (iv) for “lands and heritages” where it second occurs substitute “part”, (v...
Official Report
Meeting date:
17 June 2010
Meeting of the Parliament 17 June 2010
A year ago, at First Minister’s question time, I raised the issue of Salduz v Turkey, the human rights case concerning the right of a person who is detained by the police to get legal advice.
Official Report
Meeting date:
29 April 2015
Public Audit Committee 29 April 2015
I will ask Andrew Watson to deal with the issue of Forfar academy and the V&A. The V&A is a project that is led by others, but I know that Andrew has had some contact with it.
Official Report
Meeting date:
22 September 2015
Delegated Powers and Law Reform Committee 22 September 2015
One should not have to go back to Lamb v the Lord Advocate in order to understand what uncertainty means.
Official Report
Meeting date:
25 October 2011
Scotland Bill Committee 25 October 2011
I can send the committee a note on cases relating to Germany and the case of López Ostra v Spain, which was quite significant for the Spanish system, so that it can be fully apprised of the situation.
