Scottish Register of Tartans Bill 2008
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Passage of the Scottish Register of Tartans Bill 2008 SPPB 125 Passage of the Scottish Register of Tartans Bill 2008 SP Bill 8 (Session 3), subsequently 2008 asp 7 SPPB 125 EDINBURGH: APS GROUP SCOTLAND For information in languages other than English or in alternative formats (for example Braille, large print, audio tape or various computer formats), please send your enquiry to Public Information, The Scottish Parliament, Edinburgh, EH991SP. You can also contact us by email [email protected] We welcome written correspondence in any language Parliamentary copyright. Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.scottish.parliament.uk Produced and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by APS Group Scotland. ISBN 978-1-78307-906-3 Contents Page Foreword Introduction of the Bill Bill (As Introduced) (SP Bill 8) 1 Explanatory Notes (and other accompanying documents) (SP Bill 8-EN) 13 Policy Memorandum (SP Bill 8-PM) 27 Delegated Powers Memorandum (SP Bill 8-DPM) 36 Stage 1 Stage 1 Report, Economy, Energy and Tourism Committee 41 Written evidence to the Economy, Energy and Tourism Committee 100 Extract from the Minutes of the Parliament, 19 June 2008 125 Official Report, Meeting of the Parliament, 19 June 2008 126 Stage 2 Marshalled List of Amendments for Stage 2 (SP Bill 8-ML) 141 Groupings of Amendments for Stage 2 (SP Bill 8-G) 142 Extract from the Minutes, Economy, Energy and Tourism Committee, 10 143 September 2008 Official Report, Economy, Energy and Tourism Committee, 10 September 144 2008 Bill (As Amended at Stage 2) (SP Bill 8A) 151 Stage 3 Marshalled List of Amendments selected for Stage 3 (SP Bill 8A-ML) 163 Extract from the Minutes of the Parliament, 9 October 2008 164 Official Report, Meeting of the Parliament, 9 October 2008 165 Bill (As Passed) (SP Bill 8B) 179 Foreword Purpose of the series The aim of this series is to bring together in a single place all the official Parliamentary documents relating to the passage of the Bill that becomes an Act of the Scottish Parliament (ASP). The list of documents included in any particular volume will depend on the nature of the Bill and the circumstances of its passage, but a typical volume will include: every print of the Bill (usually three – “As Introduced”, “As Amended at Stage 2” and “As Passed”); the accompanying documents published with the “As Introduced” print of the Bill (and any revised versions published at later Stages); every Marshalled List of amendments from Stages 2 and 3; every Groupings list from Stages 2 and 3; the lead Committee’s “Stage 1 report” (which itself includes reports of other committees involved in the Stage 1 process, relevant committee Minutes and extracts from the Official Report of Stage 1 proceedings); the Official Report of the Stage 1 and Stage 3 debates in the Parliament; the Official Report of Stage 2 committee consideration; the Minutes (or relevant extracts) of relevant Committee meetings and of the Parliament for Stages 1 and 3. All documents included are re-printed in the original layout and format, but with minor typographical and layout errors corrected. Where documents in the volume include web-links to external sources or to documents not incorporated in this volume, these links have been checked and, wherever the linked material remains available, are correct at the time of publishing this volume. The Scottish Parliament is not responsible for the content of external Internet sites. The links in this volume will not be monitored after publication, and no guarantee can be given that all links will continue to be effective. Documents in each volume are arranged in the order in which they relate to the passage of the Bill through its various stages, from introduction to passing. The Act itself is not included on the grounds that it is already generally available and is, in any case, not a Parliamentary publication. Outline of the legislative process Bills in the Scottish Parliament follow a three-stage process. The fundamentals of the process are laid down by section 36(1) of the Scotland Act 1998, and amplified by Chapter 9 of the Parliament’s Standing Orders. In outline, the process is as follows: Introduction, followed by publication of the Bill and its accompanying documents; Stage 1: the Bill is first referred to a relevant committee, which produces a report informed by evidence from interested parties, then the Parliament debates the Bill and decides whether to agree to its general principles; Stage 2: the Bill returns to a committee for detailed consideration of amendments; Stage 3: the Bill is considered by the Parliament, with consideration of further amendments followed by a debate and a decision on whether to pass the Bill. After a Bill is passed, three law officers and the Secretary of State have a period of four weeks within which they may challenge the Bill under sections 33 and 35 of the Scotland Act respectively. The Bill may then be submitted for Royal Assent, at which point it becomes an Act. Standing Orders allow for some variations from the above pattern in some cases. For example, Bills may be referred back to a committee during Stage 3 for further Stage 2 consideration. In addition, the procedures vary for certain categories of Bills, such as Committee Bills or Emergency Bills. For some volumes in the series, relevant proceedings prior to introduction (such as pre-legislative scrutiny of a draft Bill) may be included. The reader who is unfamiliar with Bill procedures, or with the terminology of legislation more generally, is advised to consult in the first instance the Guidance on Public Bills published by the Parliament. That Guidance, and the Standing Orders, are available for sale from Stationery Office bookshops or free of charge on the Parliament’s website (www.scottish.parliament.uk). The series is produced by the Legislation Team within the Parliament’s Chamber Office. Comments on this volume or on the series as a whole may be sent to the Legislation Team at the Scottish Parliament, Edinburgh EH99 1SP. Notes on this volume The Bill to which this volume relates followed the standard 3 stage process described above. The Bill was a Member’s Bill which had the support of the Scottish Government, and for which the Scottish Government provided drafting assistance. The process by which the Bill was developed, including consideration by the Parliament of a similar Bill introduced in 2006, is fully explained in the Policy Memorandum included in this volume. The written submissions received by the Economy, Energy and Tourism Committee were not included in its Stage 1 Report and are, therefore, included in this volume after that report. No Stage 3 Groupings were produced for this Bill as only one amendment was lodged for Stage 3. Scottish Register of Tartans Bill [AS INTRODUCED] CONTENTS Section The Scottish Register of Tartans 1 The Register 2 Meaning of “tartan” 3 Keeper of the Scottish Register of Tartans 4 Functions of the Keeper 5 Existing collections of tartans Applications to register tartans 6 The application 7 Determination of application 8 Refused applications: reconsideration 9 Registration Amendment of Register 10 Amendment of Register by request 11 Amendment of Register: request other than by applicant 12 Amendment of Register: corrections 13 Certificates of registration following amendment Miscellaneous and general 14 Fees 15 Scottish Records Advisory Council 16 Ancillary provision 17 Interpretation 18 Short title and commencement SP Bill 8 Session 3 (2008) 1 2 Scottish Register of Tartans Bill 1 ACCOMPANYING DOCUMENTS Explanatory Notes, together with other accompanying documents, are printed separately as SP Bill 8-EN. A Policy Memorandum is printed separately as SP Bill 8-PM. Scottish Register of Tartans Bill [AS INTRODUCED] An Act of the Scottish Parliament to establish a register of tartans; and for connected purposes. The Scottish Register of Tartans 1 The Register (1) There is to be a Scottish Register of Tartans (in this Act referred to as “the Register”). 5 (2) The purposes of the Register are— (a) to be a repository for the preservation of tartans, and (b) to be a source of information about tartans. (3) The Register is to be kept in electronic form. 2 Meaning of “tartan” 10 For the purposes of this Act, a tartan is a design consisting of two or more alternating coloured stripes which combine vertically and horizontally to form a repeated chequered pattern. 3 Keeper of the Scottish Register of Tartans (1) In this Act, the “Keeper” means the Keeper of the Records of Scotland; but when 15 carrying out any function in relation to the Register, the Keeper is to be known as the Keeper of the Scottish Register of Tartans. (2) Any document or other physical thing in relation to which the Keeper’s duty of care and preservation under section 4(2)(b) applies is not to be treated as a record for the purposes of sections 8 to 12 of the Public Records (Scotland) Act 1937 (c.43) (functions 20 of the Keeper and others in relation to records transmitted to the Keeper). (3) Any functions transferred to and vested in the Keeper under section 1(3) of the Public Registers and Records (Scotland) Act 1948 (c.57) (functions with regard to the preservation of the public registers, records and rolls of Scotland) are not to be exercisable in relation to the Register. SP Bill 8 Session 3 (2008) 3 2 Scottish Register of Tartans Bill 4 Functions of the Keeper (1) The Keeper has the general functions of setting up, keeping and maintaining the Register.