Passage of the Crofting Reform etc. Bill 2006 SPPB 108 Volume 2 Passage of the Crofting Reform etc. Bill 2006 SP Bill 57 (Session 2), subsequently 2007 asp 7 SPPB 108 Volume 2: Stages 2 and 3 EDINBURGH: APS GROUP SCOTLAND £50 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 2012. Applications for reproduction should be made in writing to the Information Policy Team, Office of the Queen’s Printer for Scotland, Admail ADM4058, Edinburgh, EH1 1NG, or by email to: [email protected]. OQPS administers the copyright on behalf of the Scottish Parliamentary Corporate Body. 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Part 2 of 2 ISBN 978-1-4061-8326-9 Not to be sold separately Contents Volume 2: Stages 2 and 3 Page Stage 2 1st Marshalled List of Amendments for Stage 2 (SP Bill 57-ML1) 1 1st Groupings of Amendments for Stage 2 (SP Bill 57-G1) 23 Extract from the Minutes, Environment and Rural Development Committee, 25 15 November 2006 Official Report, Environment and Rural Development Committee, 15 26 November 2006 2nd Marshalled List of Amendments for Stage 2 (SP Bill 57-ML2) 38 2nd Groupings of Amendments for Stage 2 (SP Bill 57-G2) 58 Extract from the Minutes, Environment and Rural Development Committee, 60 22 November 2006 Official Report, Environment and Rural Development Committee, 22 61 November 2006 3rd Marshalled List of Amendments for Stage 2 (SP Bill 57-ML3) 73 3rd Groupings of Amendments for Stage 2 (SP Bill 57-G3) 87 Extract from the Minutes, Environment and Rural Development Committee, 88 29 November 2006 Official Report, Environment and Rural Development Committee, 29 89 November 2006 Bill (As Amended at Stage 2) (SP Bill 57A) 97 Revised Explanatory Notes (SP Bill 57A-EN) 167 Revised Financial Memorandum (SP Bill 57A-FM) 199 Revised Delegated Powers Memorandum (SP Bill 57A-DPM) 202 After Stage 2 Report on the Crofting Reform etc Bill as amended at Stage 2, Subordinate 209 Legislation Committee Stage 3 Marshalled List of Amendments selected for Stage 3 (SP Bill 57A-ML) 214 Supplement to the Marshalled List (SP Bill 57A-ML (Supplement)) 221 Revised Groupings of Amendments for Stage 3 (SP Bill 57A-G (Revised)) 222 Extract from the Minutes of the Parliament, 25 January 2007 223 Official Report, Meeting of the Parliament, 25 January 2007 225 Bill (As Passed) (SP Bill 57B) 255 Crofting Reform etc. Bill 1st Marshalled List of Amendments for Stage 2 The Bill will be considered in the following order— Section 1 Schedule 1 Sections 2 to 43 Schedule 2 Sections 44 to 46 Schedule 3 Section 47 Long Title Amendments marked * are new (including manuscript amendments) or have been altered. Section 1 Ross Finnie 8 Leave out section 1 Schedule 1 Ross Finnie 9 Leave out schedule 1 Section 2 Maureen Macmillan 120 In section 2, page 2, leave out lines 31 to 34 Maureen Macmillan 121 In section 2, page 2, line 39, leave out from beginning to end of line 2 on page 3 Maureen Macmillan 122 In section 2, page 3, line 4, leave out <(2)(b)> and insert <(2)> Maureen Macmillan 123 In section 2, page 3, line 22, leave out from <appointment> to <expertise> in line 25 and insert <setting-up of a panel of persons> Maureen Macmillan 124 In section 2, page 3, line 31, at end insert— <( ) A scheme prepared under subsection (3)(b) above must provide for— SP Bill 57-ML1 1 Session 2 (2006) 1 (a) a majority of the members of such a panel to be elected in a poll of all crofters who, on the day of the poll— (i) would be entitled to vote as electors at a local government election in an electoral area falling wholly or partly within the area to be identified in the scheme; and (ii) are registered in the register of local government electors at an address within the area to be identified in the scheme; (b) the membership of any such panel to include any person appointed as an assessor under section 2(2) of this Act in respect of the area to be identified in the scheme; and (c) all members of the panel (other than any assessor who is a member by virtue of paragraph (b) above) to be resident in the area to be identified in the scheme.> Maureen Macmillan 125 In section 2, page 3, line 34, leave out <appoint> and insert <proceed with setting up> Maureen Macmillan 126 In section 2, page 3, line 39, leave out <appointing> and insert <setting up> Maureen Macmillan 127 In section 2, page 4, line 4, leave out <appointed> and insert <set up> Maureen Macmillan 128 In section 2, page 4, line 9, leave out <appointed> and insert <set up> Ross Finnie 10 Leave out section 2 and insert— <Discharge of functions In section 1 of the 1993 Act (constitution and general functions of Crofters Commission), for subsection (3) there is substituted— “(3) The Commission shall discharge their functions in accordance with such directions of a general or specific character as may from time to time be given to them in writing by the Scottish Ministers.”> After section 2 John Farquhar Munro *138 After section 2, insert— <Duty in respect of town and country planning After section 2 of the 1993 Act, there is inserted— “2C Duty in respect of town and country planning 2 2 (1) Where a planning authority is considering whether to grant planning permission for a development wholly or partly on croft land, the Commission shall— (a) consult any grazings committee (a “relevant committee”) which the Commission consider has an interest in whether permission for the development is granted; and (b) subject to subsection (3) below, make representations to the authority in accordance with section 38 of the Town and Country Planning (Scotland) Act 1997 (c.8). (2) In any representation made by virtue of subsection (1) above, the Commission shall state its views, and the views of any relevant committee, as to whether the development would affect— (a) agriculture within the crofting community in the locality in which the development would take place; or (b) the viability of that crofting community. (3) The duty in subsection (1)(b) does not apply where the Commission and, as the case may be, any relevant committee consider that the development would have no effect in respect of the matters mentioned in subsection (2)(a) and (b) above.”> Section 4 Ross Finnie 11 Leave out section 4 Section 5 Maureen Macmillan 129 In section 5, page 7, line 26, leave out from beginning to <if> in line 29 and insert <must intervene as respects the application where— (a) they have received such objections by virtue of subsection (4) above and do not consider them to be frivolous, vexatious or unreasonable; or (b)> Maureen Macmillan 130 In section 5, page 8, line 12, after second <the> insert <crofting> Ross Finnie 12 In section 5, page 9, line 5, at end insert— <( ) The Scottish Ministers may issue guidance to the Commission for the purposes of subsection (9)(a)(iv) above; and the Commission must have regard to any guidance so issued.> 3 3 Ross Finnie 13 In section 5, page 9, line 8, leave out <criteria> and insert <conditions> Ross Finnie 14 In section 5, page 9, line 10, leave out <criteria> and insert <the general conditions or as the case may be the conditions so mentioned> Section 6 Maureen Macmillan 1 In section 6, page 9, line 39, leave out from <; or> to end of line 40 Section 7 Ross Finnie 15 In section 7, page 11, line 16, leave out from <requesting> to end of line 18 and insert <is entitled on request to receive from the Commission a copy or extract of an entry in the Register of Crofts.> Section 8 Maureen Macmillan 2 Leave out section 8 Section 9 Ross Finnie 16 Leave out section 9 Section 10 Mr Ted Brocklebank 131 In section 10, page 13, line 8, leave out from <; or> to end of line 11 Mr Ted Brocklebank 132 In section 10, page 13, leave out lines 17 to 37 Rob Gibson 133 In section 10, page 13, line 18, leave out <situated as is mentioned in subsection (1)(b) above> 4 4 Nora Radcliffe 139 In section 10, page 13, line 18, leave out <as is mentioned in subsection (1)(b) above> and insert <on Arran> Ross Finnie 17 In section 10, page 13, line 20, after <provided> insert <that subsection (2A) below is complied with and> Ross Finnie 18 In section 10, page 13, line 24, at end insert— <(2A) Any application under subsection (2) above must be accompanied by a certificate of the Land Court to the effect that the Court is satisfied that, as at the date of the certificate— (a) the tenancy of the holding is one to which— (i) section 32 of the Small Landholders (Scotland) Act 1911 (c.49) applies; or (ii) any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies; and (b) no part of the holding is leased other than as a tenancy mentioned in paragraph (a) above.> Ross Finnie 19 In section 10, page 13, line 25, leave out <shall be made under subsection (2) above> and insert <as is mentioned in subsection (2) above shall be made under that subsection> Mr Ted Brocklebank 134 In section 10, page 13, line 39, leave out <or (2)> Ross Finnie 20 In section 10, page 13, leave out lines 40 to 42 Ross Finnie 21 In section 10, page 14, line 1, leave out <paragraph (a) of> Mr Ted Brocklebank 135 In section 10, page 14, line 6, leave out <or as the case may be (2)> Mr Ted Brocklebank 136 In