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Session 3 2007 - 2011

Legislative Consent Motions

Session 3 2007 - 2011

 

This provides a list of Legislative Consent Motions considered in the third Scottish Parliament 2007-2011; an explanatory Legislative Consent Memorandum is attached for each motion together with links to the Scottish Parliament Official Report (SP OR). Memorandums lodged in respect of Bills where no Motion was proposed are also included.

 

83. Serious Crime Bill (2)

No legislative consent motion brought forward in respect of the Serious Crime Bill in session 3

(Considered by Justice Committee SP OR: 26 June 2007)

 

84. Victims of Overseas Terrorism Bill

No legislative consent motion brought forward in respect of the Victims of Overseas Terrorism Bill

 

85. Dormant Bank and Building Society Accounts Bill (S3M-120.1.1)

"That the Parliament supports the principle of clauses in the Dormant Bank and Building Society Accounts Bill, introduced to the House of Lords on 7 November 2007, providing for the collection and distribution of sums released from dormant bank and building society accounts for social and environmental purposes and agrees that the provisions in the Bill that relate to the distribution of such sums in Scotland should be considered by the UK Parliament.”

SP OR: 24 January 2008

(Considered by Economy, Energy and Tourism Committee SP OR: 12 December 2007)

 

86. Climate Change Bill (S3M-1023)

"That the Parliament endorses the principle of introducing for the UK as a whole statutory targets and a related framework for action to mitigate climate change by reducing carbon dioxide emissions as set out in the Climate Change Bill, introduced to the House of Lords on 14 November 2007, and agrees that the provisions in the Bill which fall within the legislative competence of the Scottish Parliament should be considered by the UK Parliament.”

SP OR: 20 December 2007

(Considered by Transport, infrastructure and Climate Change Committee SP OR: 4 December 2007)

 

87.  Health and Social Care Bill (S3M-1044)

"That the Parliament agrees that the relevant provisions in the UK Health and Social Care Bill introduced into the House of Commons on 15 November 2007 which legislate in devolved areas in respect of provisions relating to the regulation of the healthcare professions should be considered by the UK Parliament.”

SP OR: 9 January 2008

(Considered by Health and Sport Committee SP OR: 5 December 2007, SP OR: 12 December 2007)

 

88. Education and Skills Bill (S3M-1224)

"That the Parliament agrees that the relevant provisions of the Education and Skills Bill, introduced in the House of Commons on 28 November, to make provision within the legislative competence of the Parliament and to alter the executive competence of Scottish Ministers in respect of using and sharing information in relation to skills and training of people in Scotland, should be considered by the UK Parliament.”

SP OR: 20 February 2008

(Considered by Education and Lifelong Learning Committee SP OR: 23 January 2008)

 

89. Criminal Justice and Immigration Bill (S3M-1201)

"That the Parliament agrees that the relevant provisions of the Criminal Justice and Immigration Bill, reintroduced in the House of Commons on 7 November 2007, relating to investigation of bribery and corruption by foreign officers, violent offender orders and repatriation of prisoners, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 30 January 2008

(Considered by Justice Committee SP OR: 15 January 2008)

 

90. Pensions Bill (S3M-1513)

"That the Parliament  agrees that the relevant provisions of the UK Pensions Bill, introduced in the House of Commons on 5 December 2007, which legislate in devolved areas in respect of pension compensation on divorce or dissolution of a marriage or civil partnership should be considered by the UK Parliament.”

SP OR: 13 March 2008.

(Considered by Justice Committee SP OR: 4 March 2008)

 

91. Football Spectators and Sports Grounds Bill

Legislative Consent Memorandum for the Football Spectators and Sports Grounds Bill withdrawn on 22 February 2008

 

92. Housing and Regeneration Bill (S3M-1582)

"That the Parliament agrees that the relevant provisions in the Housing and Regeneration Bill, introduced to the House of Commons on 15 November 2007, relating to the executive competence of Scottish Ministers to enter into agreements for the provision of services with the Housing Corporation and/or Welsh Ministers, on such terms and for such payment which they consider appropriate, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 19 March 2008.

(Considered by Local Government and Communities Committee SP OR: 5 March 2008, SP OR: 12 March 2008)

 

93. Statute Law (Repeals) Bill (S3M-1654)

"That the Parliament agrees that the relevant provisions of the Statute Law (Repeals) Bill, introduced in the House of Lords on 27 February 2008, relating to Statute Law Repeal, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 23 April 2008

(Considered by Justice Committee SP OR: 25 March 2008)

 

94. Energy Bill (S3M-2101)

"That the Parliament agrees that the relevant provisions of the UK Energy Bill in Part 1, Chapter 3 (Storage of Carbon Dioxide), introduced to the House of Commons on 10 January 2008, should, insofar as they relate to matters within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, be considered by the UK Parliament.”

SP OR: 18 June 2008

(Considered by Economy, Energy and Tourism Committee SP OR: 28 May 2008)

 

95. Energy Bill (2) (S3M-2843)

"That the Parliament agrees that the relevant provisions of the UK Energy Bill in Part 2 (Electricity from Renewable Sources - the Renewables Obligation) introduced in the House of Commons on 10 January 2008 and that the relevant amendments to Part 5 (Miscellaneous Provisions - Renewable Heat Incentives), tabled by Her Majesty's Government on 29 October 2008, should, insofar as they relate to matters within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, be considered by the UK Parliament".

SP OR: 13 November 2008

(Considered by Economy, Energy and Tourism Committee SP OR: 5 November 2008)

 

96. Local Democracy, Economic Development and Construction Bill (S3M-3513)

"That the Parliament agrees that the relevant provisions in the Local Democracy, Economic Development and Construction Bill, which repeal Sections 14-20 of the Political Parties, Elections and Referendums Act 2000 and those which amend the construction contracts legislation in Part 2 of the Housing Grants, Construction and Regeneration Act 1996, introduced in the House of Lords on 4 December 2008, should, insofar as they relate to matters within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, be considered by the UK Parliament.”

SP OR: 5 March 2009.

(Considered by Local Government and Communities Committee SP OR: 4 February 2009)

 

97. Marine and Coastal Access Bill (S3M-3614)

"That the Parliament agrees that the relevant provisions of the UK Marine and Coastal Access Bill introduced in the House of Lords on 4 December 2008, relating to the marine policy statement, marine planning, marine licensing, marine conservation zones and enforcement powers, so far as these matters fall within the legislative competence of the Scottish Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 18 March 2009.

(Considered by Rural Affairs and Environment Committee SP OR: 17 December 2008, SP OR: 28 January 2009)

 

98. Coroners and Justice Bill (S3M-4124)

"That the Parliament agrees that the relevant provisions of the Coroners and Justice Bill introduced in the House of Commons on 14 January 2009, relating to the EU Services Directive, the power to create information sharing gateways, and criminal memoirs, so far as these matters fall within the legislative competence of the Scottish Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 21 May 2009

(Considered by Justice Committee SP OR 10 February 2009, SP OR: 24 February 2009, SP OR: 3 March 2009 (in private), SP OR: 10 March 2009 (in private), SP OR: 28 April 2009, SP OR: 5 May 2009 (in private))

 

98A. Coroners and Justice Bill (Supplementary Memorandum)

 

99. Borders, Citizenship and Immigration Bill (S3M-3652)

"That the Parliament agrees that the relevant provisions of the Borders, Citizenship and Immigration Bill, introduced in the House of Lords on 14 January 2009, relating to the power of detention for individuals subject to an outstanding arrest warrant and their enforcement, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 19 March 2009.

(Considered by Justice Committee SP OR: 10 February 2009)

 

100. Policing and Crime Bill (S3M-3512)

"That the Parliament agrees that the relevant provisions in the Policing and Crime Bill, introduced to the House of Commons on 18 December 2008, relating to football banning orders, extradition and the proceeds of crime, insofar as these matters fall within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 4 March 2009

(Considered by Justice Committee SP OR: 10 February 2009)

 

101. Welfare Reform Bill (S3M-3653)

"That the Parliament agrees that the relevant provisions of the Welfare Reform Bill, introduced in the House of Commons on 14 January 2009, relating to a Right to Control for disabled people, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 18 March 2009

(Considered by Health and Sport Committee SP OR: 4 March 2009)

 

102. Apprenticeships, Skills, Children and Learning Bill (S3M-3753)

"That the Parliament agrees that the relevant provisions of the Apprenticeships, Skills, Children and Learning Bill, introduced in the House of Commons on 4 February 2008, relating to the management of Career Development Loans and the Managing Information Across Partners programme, so far as these matters fall within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 1 April 2009

(Considered by Education and Lifelong Learning Committee SP OR: 11 March 2009)

 

103. Equality Bill (2) (S3M-5586)

"That the Parliament agrees that the relevant provisions of the Equality Bill, introduced in the House of Commons on 24 April 2009, to make provision within the legislative competence of the Parliament and to alter the executive competence of Scottish Ministers in respect of the public sector duty to promote equality; the hearing of disability discrimination school education cases by the Additional Support Needs Tribunals for Scotland; the arrangements for educational endowments; the power to prescribe qualification authorities in relation to equality, transitional arrangements for single sex educational establishments; a duty on relevant public authorities in Scotland, when making decisions of a strategic nature about how to exercise their functions, to have due regard to socio-economic disadvantage; and reasonable adjustments to common parts of buildings to suit the needs of disabled people who live in those buildings, should be considered by the UK Parliament.”

SP OR: 28 January 2010

(Considered by Equal Opportunities Committee SP OR: 9 June 2009, SP OR: 12 January 2010)

 

103A. Equality Bill (3)  (Supplementary Memorandum)

 

104. Holocaust (Return of Cultural Objects) Bill (S3M-4454)

"That the Parliament agrees that the relevant provisions of the Holocaust (Return of Cultural Objects) Bill, introduced in the House of Commons on 26 January 2009, relating to the return from public museum and gallery collections of cultural objects stolen during the Nazi era, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 25 June 2009

(Considered by Education, Lifelong Learning and Culture Committee SP OR: 17 June 2009)

 

105. Child Poverty Bill (S3M-5267)

"That the Parliament agrees that the relevant provisions of the Child Poverty Bill, introduced in the House of Commons on 11 June 2009 to make provision within the legislative competence of the Parliament and to alter the executive competence of Scottish Ministers in respect of the duties to develop and lay a Scottish strategy to eradicate child poverty before the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 25 November 2009

(Considered by Local Government and Communities Committee SP OR: 28 October 2009, SP OR: 11 November 2009)

 

106. Constitution Reform and Governance Bill (S3M-5587)

"That the Parliament agrees that the relevant provisions of the Constitutional Reform and Governance Bill, introduced in the House of Commons on 20 July 2009, to alter the executive competence of the Scottish Ministers in respect of the civil service and to make provision within the legislative competence of the Parliament and to alter that legislative competence in respect of Convention rights proceedings brought under the Scotland Act 1998 should be considered by the UK Parliament.”

SP OR: 28 January 2010

(Considered by Economy, Energy and Tourism Committee SP OR: 13 January 2010)

 

Revised wording of motion - letter from Minister for Enterprise, Energy and Tourism to Convener of Economy, Energy and Tourism Committee.

 

107. Flood and Water Management Bill (S3M-5638)

"That the Parliament agrees that the relevant provisions of the Flood and Water Management Bill, introduced in the House of Commons on 19 November 2009, relating to reservoirs which sit on the border between Scotland and England, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 4 February 2010

(Considered by Rural Affairs and Environment Committee SP OR: 16 December 2009)

 

108. Energy Bill (3) (S3M-5585)

"That the Parliament agrees that the relevant provisions of the UK Energy Bill introduced in the House of Commons on 19 November 2009 relating to the disbursal of funds for any future Carbon Capture and Storage demonstration projects which will be the subject of assistance schemes (as they relate to environmental issues), so far as these matters fall within the legislative competence of the Scottish Parliament, or alter the executive competence of Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 28 January 2010

(Considered by Economy, Energy and Tourism Committee SP OR: 13 January 2010)

 

109. Financial Services Bill (S3M-5464)

"That the Parliament agrees that the relevant provisions of the Financial Services Bill, introduced in the House of Commons on 19 November 2009, relating to the enhancement of understanding and knowledge of the public of financial matters and the ability of members of the public to manage their own financial affairs, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 13 January 2010

(Considered by Finance Committee SP OR: 15 December 2009)

 

110. Bribery Bill (S3M-5719)

"That the Parliament agrees that the relevant provisions of the Bribery Bill, introduced in the House of Lords on 19 November 2009, relating to bribery and corruption, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 11 February 2010

(Considered by Justice Committee SP OR: 19 January 2010)

 

111. Crime and Security Bill (S3M-5718)

"That the Parliament agrees that the relevant provisions of the Crime and Security Bill, introduced in the House of Commons on 19 November 2009, relating to the regulation of the private security industry, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 11 February 2010

(Considered by Justice Committee SP OR: 19 January 2010)

 

112. Rehabilitation of Offenders (Amendment) Bill

No legislative consent motion brought forward in respect of the Rehabilitation of Offenders (Amendment) Bill

(Considered by Justice Committee SP OR: 23 March 2010)

 

113. Powers of Entry etc. Bill

No legislative consent motion brought forward in respect of the Powers of Entry Etc. Bill

 

114. Scotland Bill (S3M-8814)

 “That the Parliament agrees that, further to motion S3M-7550 passed on 9 December 2010 supporting the general principles of the Scotland Bill as introduced in the House of Commons on 30 November 2010, the Bill be considered by the UK Parliament; invites the UK Government and the UK Parliament to consider the amendments and proposals made in the report of the Scotland Bill Committee, and looks forward to considering any amendments made to the Bill with a view to debating them in a further legislative consent motion before the Bill is passed for Royal Assent.”

SP OR: 10 March 2011

(Considered by Scotland Bill Committee SP OR: 7 December 2010, SP OR: 14 December 2010, SP OR: 21 December 2010, SP OR: 11 January 2011, SP OR: 18 January 2011, SP OR: 25 January 2011, SP OR: 1 February 2011, SP OR: 3 February 2011, SP OR: 8 February 2011, SP OR: 22 February 2011 (in private), SP OR: 1 March 2011 (in private))

 

115. Energy Bill (S3M-7945)

"That the Parliament agrees that the relevant provisions of the Energy Bill introduced in the House of Lords on 8 December 2010 relating to the creation of powers to develop a new Green Deal for energy efficiency measures, the repeal of the Home Energy Conservation Act 1995, enabling the Coal Authority to charge for services and to implement additional measures to make improvements to regulatory frameworks for the energy markets, so far as these matters fall within the legislative competence of the Scottish Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 23 February 2011

(Considered by Economy, Energy and Tourism Committee SP OR: 26 January 2011, SP OR: 2 February 2011, SP OR: 9 February 2011)

 

116. Public Bodies Bill (S3M-8125)

"That the Parliament agrees that the relevant provisions of the Public Bodies Bill, introduced in the House of Lords on 28 October 2010, that relate to certain public bodies and offices, to the extent that these bodies and office holders exercise functions in Scotland that would be within the legislative competence of the Scottish Parliament or in respect of which the Scottish Ministers exercise executive powers, and the power of consent for the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 17 March 2011

(Considered by Finance Committee SP OR: 1 March 2011)

 

117. Health and Social Care Bill (S3M-8063)

"That the Parliament agrees that the relevant provisions of the Health and Social Care Bill, introduced in the House of Commons on 19 January 2011, in respect of the establishment of the NHS Commissioning Board and GP commissioning consortia, abolition of the Health Protection Agency, duty of co-operation in relation to health protection functions, amendment of the Mental Health Act 1983, the Health and Social Care Information Centre, regulation of healthcare professions and health and social care workers, the National Institute for Health and Clinical Excellence and National Health Service/Health and Social Services contracts, so far as these matters fall within the legislative competence of the Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 9 March 2011

(Considered by Health and Sport Committee SP OR: 23 February 2011)


118. Education Bill (S3M-8145)

"That the Parliament agrees that the relevant provisions of the Education Bill, introduced in the House of Commons on 26 January 2011, in consequence of the abolition of the Young People's Learning Agency, so far as these matters fall within the legislative competence of the Scottish Parliament or the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 17 March 2011

(Considered by Education, Lifelong Learning and Culture Committee SP OR: 2 March 2011, SP OR: 9 March 2011)

 

119. Welfare Reform Bill (2)

No legislative consent motion brought forward in respect of the Welfare Reform Bill during session 3.

(Considered by Subordinate Legislation Committee SP OR: 15 March 2011)