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Session 2 2003 - 2007

Sewel Motions / Legislative Consent Motions

Session 2 2003-2007 

This page provides a list of Sewel Motions/Legislative Consent Motions considered in the second Scottish Parliament 2003-2007; an explanatory Sewel Memorandum/Legislative Consent Memorandum is attached for each motion together with links to the relevant Scottish Parliament Official Report (SP OR). Memorandums lodged in respect of Bills where no Motion was proposed are also included.

 

42. Health and Social Care (Community Health and Standards) Bill (S2M-0137)

"That the Parliament endorses the principle of ensuring consistency in recovery of NHS charges where compensation is paid following injury as set out in Part 3 of the Health and Social Care (Community Health and Standards) Bill and agrees that the relevant provisions to achieve this end including extending ministers' powers to make regulations under a scheme for recovery should be considered by the UK Parliament.”

SP OR: 19 June 2003

 

43. Fireworks Bill (S2M-0136)

"That the Parliament endorses the principle of making enabling regulations for the supply and use of fireworks as set out in the Fireworks Bill and agrees that those provisions in the Bill that relate to devolved matters should be considered by the UK Parliament.”

SP OR: 26 June 2003

 

44. Legal Deposit Libraries Bill (S2M-0240)

"That the Parliament supports the principles of the Legal Deposit Libraries Bill 2003 and agrees that the provisions in the Bill that relate to devolved matters should be considered by the UK Parliament.”

SP OR: 11 September 2003

(Considered by Enterprise and Culture Committee SP OR: 2 September 2003)

 

45. Criminal Justice Bill (2) (S2M-0407)

"That the Parliament agrees that, in addition to the provisions referred to in motion S1M-3671, those further matters which have been brought forward in the Criminal Justice Bill and that relate to devolved matters should be considered by the UK Parliament.”

SP OR: 9 0ctober 2003

(Considered by Justice 2 Committee SP OR: 30 September 2002)

 

46. Planning and Compulsory Purchase Bill (S2M-0543)

"That the Parliament endorses the principle of including in the Planning and Compulsory Purchase Bill provisions to remove Crown immunity from planning controls for development and agrees that the relevant provisions to achieve this end should be considered by the UK Parliament.”

SP OR: 20 November 2003

(Considered by Communities Committee SP OR: 12 November 2002)

 

47. Health Protection Agency Bill (S2M-0786)

"That the Parliament endorses the principle that the Health Protection Agency should be able to carry out, in Scotland, certain devolved radiation protection functions and, subject to the prescribed statutory requirements and procedures, other devolved health protection functions as set out in the Health Protection Agency Bill; agrees that the Bill should confer powers and functions on the Scottish Ministers and make provision for various other related matters in respect of the Health Protection Agency, and agrees that the Bill should be considered by the UK Parliament.”

SP OR: 29 January 2004

(Considered by Health Committee SP OR: 20 January 2004)

 

48. Energy Bill (S2M-0788)

"That the Parliament agrees that those provisions in the Energy Bill that relate to devolved matters and those that confer executive powers and functions on the Scottish Ministers should be considered by the UK Parliament.”

SP OR: 4 February 2004

(Considered by Enterprise and Culture Committee SP OR: 27 January 2004 and by Justice 2 Committee SP OR: 3 February 2004)

 

49. Gender Recognition Bill (S2M-0813)

"That the Parliament endorses the principle of giving transsexual people legal recognition of their acquired gender and agrees that the provisions in the Gender Recognition Bill that relate to devolved matters should be considered by the UK Parliament thereby ensuring a consistent UK approach and early compliance with the rulings of the European Court of Human Rights with respect to the Convention rights of transsexual people under Article 8 (right to respect for private life) and Article 12 (right to marry)."

SP OR: 5 February 2004

(Considered by Justice 1 Committee SP OR: 28 January 2004)

 

50. Higher Education Bill (S2M-0787)

"That the Parliament agrees that the provisions contained in the Higher Education Bill which have the effect of creating a UK Arts and Humanities Research Council and which confer powers and functions on Scottish Ministers, so far as those provisions relate to matters within the legislative competence of the Parliament, should be considered by the UK Parliament.”

SP OR: 12 February 2004

(Considered by Enterprise and Culture Committee SP OR: 27 January 2004)

 

51. Asylum and Immigration (Treatment of Claimants, etc.) Bill (S2M-0838)

"That the Parliament endorses the principle of creating a new offence to combat trafficking in human beings for non-sexual exploitation as set out in the Asylum and Immigration (Treatment of Claimants, etc.) Bill and agrees that the provisions to achieve this end in Scotland which relate to devolved matters should be considered by the UK Parliament.”

SP OR: 12 February 2004

(Considered by Justice 2 Committee SP OR: 3 February 2004)

 

52. Civil Contingencies Bill (S2M-0974)

"That the Parliament agrees the principle of a single statutory framework for civil protection across the UK, as set out in the Civil Contingencies Bill, and agrees that the relevant provisions in the Bill should be considered by the UK Parliament.”

SP OR 4 March 2004

(Considered by Justice 1 Committee SP OR: 25 February 2004)

 

53. Companies (Audit, Investigations and Community Enterprise) Bill (S2M-0973)

"That the Parliament agrees to the principle that, in the contexts of provisions in the Companies (Audit, Investigations and Community Enterprise) Bill enabling charities to convert to become community interest companies, conversion should be regulated and agrees that the provisions in the Bill that relate to the power to regulate such conversion should be considered by the UK Parliament.”

SP OR: 4 March 2004

(Considered by Communities Committee SP OR: 25 February 2004)

 

54. Justice (Northern Ireland) Bill (S2M-0936)

"That the Parliament agrees that an amendment should be made to the Justice (Northern Ireland) Bill to provide for the compulsory transfer of prisoners from Northern Ireland to Scotland and that the amendment should be considered by the UK Parliament.”

SP OR: 18 March 2004

(Considered by Justice 1 Committee SP OR: 10 March 2004)

 

55. Civil Partnership Bill (S2M-1202)

"That the Parliament endorses the principle of giving same sex couples in Scotland the opportunity to form a civil partnership and agrees that the provisions in the Civil Partnership Bill that relate to devolved matters should be based on Scots law and considered by the UK Parliament.”

SP OR: 3 June 2004

(Considered by Justice 1 Committee SP OR: 12 May 2004, SP OR: 26 May 2004)

 

56. Constitutional Reform Bill

"That the Parliament agrees the principle of having a clear and transparent separation between the judiciary and the legislature and agrees that provisions in the Constitutional Reform Bill establish

ing a Supreme Court, and provisions consequential thereto, so far as they relate to matters within the legislative competence of the Parliament, should be considered by the UK Parliament.”

SP OR: 19 January 2005

(Considered by the Justice 2 Committee SP OR: 30 November 2004, SP OR: 14 December 2004)

 

57. Railways Bill (S2M-2244)

"That the Parliament agrees that those provisions that confer executive powers and functions on the Scottish Ministers in the Railways Bill and those that relate to devolved matters should be considered by the UK Parliament.”

SP OR: 26 January 2005

(Considered by the Local Government and Transport Committee 2004: SP OR: 21 December 2004, SP OR: 11 January 2005, SP OR: 19 January 2005)

 

58. National Lottery Bill (S2M-2255)

"That the Parliament agrees that the provisions in the National Lottery Bill that relate to the executive competence of the Scottish Ministers should be considered by the UK Parliament.”

SP OR: 27 January 2005

(Considered by the Enterprise and Culture Committee SP OR: 25 January 2005)

 

59. Disability Discrimination Bill (S2M-2264)

"That the Parliament agrees the principles contained in the provisions of the Disability Discrimination Bill including the power to impose duties on public authorities so far as those provisions relate to matters within the legislative competence of the Scottish Parliament or confer functions on the Scottish Ministers." SP OR: 24 February 2005

(Considered by the Equal Opportunities Committee SP OR: 18 January 2005)

 

60. Gambling Bill (S2M-2116)

"That the Parliament agrees the principle of including in the Gambling Bill provisions which confer powers on the Scottish Ministers, including powers to set fees and make regulations on the conditions to be attached to gambling premises' licences and permits, and agrees that the relevant provisions to achieve this end should be considered by the UK Parliament.”

SP OR: 12 January 2005

(Considered by the Local Government and Transport Committee SP OR: 14 December 2004)

 

61. Inquiries Bill (S2M-2242)

"That the Parliament recognises the benefits of a modern statutory framework for the holding of inquiries into matters of public concern and agrees that the provisions in the Inquiries Bill, so far as they relate to matters within the legislative competence of the Parliament or to the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 3 February 2005

(Considered by the Justice 2 Committee SP OR: 11 January 2005, SP OR: 18 January 2005, SP OR: 25 January 2005)

 

62. Serious Organised Crime and Police Bill (S2M-2243)

(As amended) "That the Parliament recognises the importance of building safe and secure communities and agrees that the provisions of the Serious Organised Crime and Police Bill that relate to devolved matters and those that relate to the executive competence of the Scottish Ministers, apart from those currently contained in clauses 124, 125(3), 127 and 160(5) and (6), should be considered by the UK Parliament.”

SP OR: 2 February 2005

(Considered by the Justice 2 Committee SP OR: 25 January 2005, SP OR: 1 February 2005)

 

62A. Serious Organised Crime and Police Bill (Supplementary Memorandum 1)

 

62B. Serious Organised Crime and Police Bill (Supplementary Memorandum 2)

 

63. International Organisations Bill (S2M-2330)

"That the Parliament recognises the need for the United Kingdom to implement the international obligations for which the International Organisations Bill makes provision, and agrees that those provisions in the Bill that fall within the legislative competence of the Scottish Parliament and have the effect of conferring functions on the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 23 February 2005

(Considered by the Justice 1 Committee on SP OR: 9 February 2005)

 

64. Natural Environment and Rural Communities Bill (S2M-3327)

"That the Parliament agrees that the provisions in the Natural Environment and Rural Communities Bill relating to devolved matters and those that confer executive functions on the Scottish Ministers should be considered by the UK Parliament.”

SP OR: 6 October 2005

(Considered by the Environment and Rural Development Committee SP OR: 22 June 2005)

 

65. Civil Aviation Bill (S2M-3328)

"That the Parliament agrees that the provisions in the Civil Aviation Bill, so far as they confer functions on the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 6 October 2005

(Considered by the Local Government and Transport Committee SP OR: 27 September 2005)

 

66. Equality Bill (S2M-3440)

"That the Parliament agrees the principles contained in the provisions of the Equality Bill, including the power to impose duties on public authorities, so far as those provisions relate to matters within the legislative competence of the Scottish Parliament or confer functions on the Scottish Ministers, and agrees that those provisions should be considered by the UK Parliament.”

SP OR: 26 October 2005

(Considered by the Equal Opportunities Committee SP OR: 13 September 2005)

 

67. London Olympics Bill (S2M-3508)

"That the Parliament agrees that those provisions in the London Olympics Bill which relate to the arrangements for staging Olympic football matches at Hampden and the prevention of ticket touting and which are within the legislative competence of the Scottish Parliament, including those which confer powers on the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 10 November 2005

(Considered by the Enterprise and Culture Committee SP OR: 1 November 2005)

 

68. Animal Welfare Bill (S2M-3741)

"That the Parliament agrees the principle of reciprocal recognition of court orders in relation to animal welfare and agrees that the relevant provisions of the Animal Welfare Bill, so far as they relate to matters within the legislative competence of the Parliament, should be considered by the UK Parliament.”

SP OR: 15 December 2005

(Considered by the Environment and Rural Development Committee SP OR: 14 December 2005)

 

69. Health Bill (S2M-3835)

"That the Parliament agrees that the UK Parliament should consider the relevant provisions of the Health Bill, introduced in the House of Commons on 27th October 2005, which will legislate in devolved areas in respect of supervisory requirements on community pharmacists and recovery of NHS costs in cases of personal injury compensation; which will include the powers consequential on these amendments; and which will alter the executive competence of the Scottish Ministers to enforce certain provisions in the Medicines Act."

SP OR: 19 January 2006

(Considered by Health Committee SP OR: 13 December 2005, SP OR: 20 December, SP OR: 10 January 2006)

 

70. Company Law Reform Bill (S2M-4019)

"That the Parliament agrees that the relevant provisions of the Company Law Reform Bill, introduced in the House of Lords on 1st November 2005, which will legislate in devolved areas in respect of sole traders, accounting standards and audit for charitable companies; and which will alter the executive competence of the Scottish Ministers to allow them to issue guidance to regulatory enforcers and to specify companies to be audited by the Auditor General, should be considered by the UK Parliament".

SP OR: 16 March 2006

(Considered by Subordinate Legislation Committee SP OR: 7 February 2006 and Enterprise and Culture Committee SP OR: 7 March 2006)

 

71. Legislative and Regulatory Reform Bill (S2M-4887)

"That the Parliament agrees that the relevant provisions in the Legislative and Regulatory Reform Bill introduced to the House of Commons on 11 January 2006, that relate to the implementation of European Union obligations and which are within the legislative competence of the Scottish Parliament, or which confer executive powers on the Scottish Ministers, should be considered by the UK Parliament.”

SP OR: 5 October 2006

(Considered by European and External Relations Committee SP OR: 14 March 2006)

 

71A. Legislative and Regulatory Reform Bill (Supplementary Memorandum)

 

72. Police and Justice Bill (S2M-4317)

"That the Parliament agrees that the UK Parliament should consider those provisions of the Police and Justice Bill, introduced in the House of Commons on 25 January 2006, which will legislate in devolved areas in respect of the abolition of the Police Information Technology Organisation and the establishment of the National Policing Improvement Agency and the Justice, Community Safety and Custody Inspectorate, and computer misuse, and which will alter the executive competence of the Scottish Ministers on extradition matters, as laid out in LCM(S2) 4.1."

SP OR: 4 May 2006

(Considered by Justice 2 Committee SP OR: 21 February 2006, SP OR: 7 March 2006, SP OR: 14 March 2006 (in private))

 

73. Northern Ireland (Miscellaneous Provisions) Bill

No legislative consent motion brought forward in respect of the Northern Ireland (Miscellaneous Provisions) Bill

 

74. Housing Corporation (Delegation) etc Bill (S2M-4318)

"That the Parliament agrees that the UK Parliament should consider those provisions of the Housing Corporation (Delegation) etc Bill, introduced in the House of Commons on 30 March 2006, which will legislate in devolved areas in respect of the past operation of the Housing Corporation in Scotland as outlined in LCM (6.1)."

SP OR: 10 May 2006

(Considered by Communities Committee SP OR: 26 April 2006)

 

75. Lighter Evenings (Experiment) Bill

No legislative consent motion brought forward in respect of the Lighter Evenings (Experiment) Bill

 

76. Compensation Bill (S2M-4634)

"That the Parliament agrees that the UK Parliament should consider those provisions of the Compensation Bill, introduced in the House of Lords on 2 November 2005, which will legislate in the devolved area of damages law in respect of joint and several liability, as laid out in LCM(S2) 8.1."

SP OR: 29 June 2006

 

77. Consumers, Estate Agents and Redress Bill (S2M-5398)

"That the Parliament endorses the principle of giving consumers an effective voice as set out in the Consumers, Estate Agents and Redress Bill, introduced in the House of Lords on 16 November 2006, and agrees that the relevant provisions to achieve this end in the Bill should be considered by the UK Parliament.”

SP OR: 17 January 2007

(Considered by Enterprise and Culture Committee SP OR: 9 January 2007)

 

78. Tribunals, Courts and Enforcement Bill (S2M-5427)

"That the Parliament agrees that the relevant provisions of the Tribunals, Courts and Enforcement Bill, introduced in the House of Lords on 16 November 2006, (a) relating to the establishment of a new Tribunals Service and an Administrative Justice and Tribunals Council and (b) providing immunity from seizure for international works of art on loan to exhibitions in this country, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

SP OR: 31 January 2007

(Considered by Justice 2 Committee SP OR: 5 December 2006, SP OR: 9 January 2007 and by Subordinate Legislation Committee SP OR: 19 December 2006)

 

79. Further Education and Training Bill (S2M-5399)

"That the Parliament agrees that the relevant provisions of the Further Education and Training Bill, introduced in the House of Lords on 20 November 2006, relating to the devolved matters of training and employment, to alter the executive competence of the Scottish Ministers in respect of services to share information and assistance in relation to employment and training, and in respect of industrial training levies, should be considered by the UK Parliament.”

SP OR: 17 January 2007

(Considered by Enterprise and Culture Committee SP OR: 9 January 2007)

 

80. Statistics and Registration Services Bill (S2M-5467)

"That the Parliament agrees that the provisions of the Statistics and Registration Services Bill, introduced in the House of Commons on 21 November 2006, which relate to statistics in Scotland and which are within the legislative competence of the Scottish Parliament or which confer functions on the Scottish Ministers, should be considered by the UK Parliament.”

SP OR; 1 February 2007

(Considered by Finance Committee SP OR: 5 December 2006, SP OR: 12 December 2006, SP OR: 16 January 2007 (in private) and by Subordinate Legislation Committee SP OR: 9 January 2007, SP OR: 16 January 2007 (in private))

 

81. Serious Crime Bill (1) (S2M-5671)

"That the Parliament endorses the principle that the offence of breaching a Serious Crime Prevention Order should be extended to Scotland and that amendments to the Proceeds of Crime Act 2002 relating to the use of force in executing search warrants in Scotland under section 387 of that Act and the extension of production orders and search warrants to include cash seizures as set out in the Serious Crime Bill should be considered by the UK Parliament.”

SP OR: 8 March 3007

(Considered by Justice 2 Committee SP OR: 6 February 2007, SP OR: 20 February 2007)

 

81A. Serious Crime Bill (1) (Supplementary Memorandum)

 

82. UK Borders Bill

No legislative consent motion brought forward in respect of the UK Borders Bill

(Considered by Justice 1 Committee SP OR: 6 March 2007)