Passage of the Christmas Day and New Year's Day Trading (Scotland) Bill 2006 SPPB 114 Passage of the Christmas Day and New Year's Day Trading (Scotland) Bill 2006 SP Bill 59 (Session 2), subsequently 2007 asp 13 SPPB 114 EDINBURGH: APS GROUP SCOTLAND £45 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. Printed and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by APS Group Scotland. ISBN 978-1-4061-8139-5 Contents Page Foreword Introduction of the Bill Bill (As Introduced) (SP Bill 59) 1 Explanatory Notes (and other accompanying documents) (SP Bill 59-EN) 7 Policy Memorandum (SP Bill 59-PM) 14 Stage 1 Stage 1 Report, Justice 2 Committee 27 Extract from the Minutes of the Parliament, 22 November 2006 164 Official Report, Meeting of the Parliament, 22 November 2006 165 Stage 2 Marshalled List of Amendments for Stage 2 (SP Bill 59-ML) 186 Groupings of Amendments for Stage 2 (SP Bill 59-G) 188 Extract from the Minutes, Justice 2 Committee, 16 January 2007 189 Official Report, Justice 2 Committee, 16 January 2007 190 Stage 3 Marshalled List of Amendments selected for Stage 3 (SP Bill 59-ML2) 195 Groupings of Amendments for Stage 3 (SP Bill 59-G2) 197 Extract from the Minutes of the Parliament, 7 March 2007 198 Official Report, Meeting of the Parliament, 7 March 2007 199 Bill (As Passed) (SP Bill 59A) 227 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: x every print of the Bill (usually three – “As Introduced”, “As Amended at Stage 2” and “As Passed”); x the accompanying documents published with the “As Introduced” print of the Bill (and any revised versions published at later Stages); x every Marshalled List of amendments from Stages 2 and 3; x every Groupings list from Stages 2 and 3; x 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); x the Official Report of the Stage 1 and Stage 3 debates in the Parliament; x the Official Report of Stage 2 committee consideration; x 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. An exception is the groupings of amendments for Stage 2 and Stage 3 (a list of amendments in debating order was included in the original documents to assist members during actual proceedings but is omitted here as the text of amendments is already contained in the relevant marshalled list). 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: x Introduction, followed by publication of the Bill and its accompanying documents; x 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; x Stage 2: the Bill returns to a committee for detailed consideration of amendments; x 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 Parliament’s Standing Orders at the time of the Member’s proposal for this Bill provided, among other things, for members to consult on a draft proposal for a Bill (or to provide reasons why such consultation was not necessary) prior to submitting a final proposal. The final proposal also required to obtain the support of at least 18 members, drawn from at least half of the parties or groups represented on the Parliamentary Bureau. In addition to the requirement for significant cross-party support, a Bill could not be introduced if the Scottish Executive indicated that either it or the UK Government intended to initiate legislation to give effect to the final proposal within a defined time period. Following consultation, Karen Whitefield’s final proposal received support from 33 members (including the required degree of cross-party representation). The Scottish Executive did not give an indication as described above. Karen Whitefield, therefore, obtained the right to introduce the Bill which is the subject of this volume. There was no report from the Subordinate Legislation Committee on this Bill as it did not contain any provisions on delegated powers. The Finance Committee did not report to the Justice 2 Committee on the Financial Memorandum at Stage 1. Written submissions received by the Finance Committee are included in the Justice 2 Committee’s Stage 1 Report at Annex A. There was no As Amended at Stage 2 version of the Bill in this case as no amendments were agreed to at Stage 2. Amendments on the Marshalled List of Amendments selected for Stage 3 relate, therefore, to the Bill As Introduced. The Marshalled List of Amendments selected for Stage 3 is referred to as SP Bill 59- ML2, and the Groupings of Amendments for Stage 3 as SP Bill-G2, to differentiate them from the corresponding documents at Stage 2. Forthcoming titles The next titles in this series will be: x SPPB 115: Protection of Vulnerable Groups (Scotland) Bill 2006 x SPPB 116: Schools (Health Promotion and Nutrition) (Scotland) Bill 2006 x SPPB 117: Custodial Sentences and Weapons (Scotland) Bill 2006 x SPPB 118: Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill 2006 Christmas Day and New Year’s Day Trading (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Large shops not to open on Christmas Day or New Year’s Day 2 Exemptions 3 Offence 4 Offences by bodies corporate, etc. 5 Defence of due diligence 6 Interpretation 7 Short title SP Bill 59 Session 2 (2006) 1 2 Christmas Day and New Year’s Day Trading (Scotland) Bill 1 ACCOMPANYING DOCUMENTS Explanatory Notes, together with other accompanying documents, are printed separately as SP Bill 59-EN. A Policy Memorandum is printed separately as SP Bill 59-PM. Christmas Day and New Year’s Day Trading (Scotland) Bill [AS INTRODUCED] An Act of the Scottish Parliament to prohibit the opening of large shops on Christmas Day and New Year’s Day for the purpose of retail trading. 1 Large shops not to open on Christmas Day or New Year’s Day No large shop is to open for the purpose of making retail sales on Christmas Day or 5 New Year’s Day unless it is exempted by section 2. 2 Exemptions A shop is exempt from section 1 if–– (a) the trade or business carried on consists wholly or mainly of the sale of–– (i) meals, refreshments or alcohol for consumption on the premises on which 10 they are sold; or (ii) meals or refreshments prepared to order for consumption off those premises; (b) it is a registered pharmacy and is open solely for the purpose of the dispensing of drugs, medicines or appliances on prescription; 15 (c) it is within a port, railway station or commercial airport; (d) it is at a motorway service area; or (e) the trade or business carried on consists wholly or mainly of the sale of fuel for motor vehicles.