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 relevant committee consideration and debate in the Scottish Parliament Official Report (SP OR ). Memorandums lodged in respect of Bills where no Motion was proposed are also included.
83. Victims of Overseas Terrorism Bill:
No Legislative Consent Motion was proposed for this.
84. Serious Crime Bill (2):
No Legislative Consent Motion was proposed for this. (Discussed by Justice Committee SP OR: 26 June 2007 Col 35-36)
85. Climate Change Bill:
"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 Col 4759 (Discussed by Transport, infrastructure and Climate Change Committee on 4 December 2007 SP OR: 4 December 2007 Col 333)
86. Criminal Justice and Immigration Bill:
"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 Col 5627 (Discussed by Justice Committee on 15 January 2008 SP OR: 15 January 2008 Col 463)
87. Dormant Bank and Building Society Accounts Bill:
"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 Col 5387 (Discussed by Economy, Energy and Tourism Committee on 12 December 2007 SP OR: 12 December 2007 Col 388)
88. Education and Skills Bill:
"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 Col 6125(Considered by Education and Lifelong Learning Committee on 23 January 2008 SP OR: 293 January 2008 Col 562)
89. Health and Social Care Bill:
"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 Col 4842 (Discussed by Health and Sport Committee on 5 December 2007 and 12 December 2007 SP OR: 5 December 2007 Col 290, SP OR: 12 December 2007)
90. Pensions Bill:
"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 Col 6865. (Discussed by Justice Committee on 4 March 2008 SP OR: 4 March 2008 Col 538)
91. Housing and Regeneration Bill:
"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 Col 7104. (Discussed by Local Government and Communities Committee on 5 March 2008 SP OR: 5 March 2008 Col 723 and 12 March 2008)
92. Statute Law (Repeals) Bill:
"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: 25 March 2008 Col 7839 (Discussed by Justice Committee on 25 March 2008 SP OR: 25 March 2008 Col 716)
93. Energy Bill:
"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 Col 9905. Discussed by Economy, Energy and Tourism Committee on 28 May 2008 SP OR: 28 May 2008 Col 888)
94. Energy Bill (2):
"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 Col 12449. (Discussed by Economy, Energy and Tourism Commitee on 5 November 2008 SP OR: 5 November 2008 Col 1246)
95. Policing and Crime Bill:
"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 Col 15416. (Discussed by Justice Committee on 10 February SP OR: 10 February 2009 Col 1606)
96. Local Democracy, Economic Development and Construction Bill:
"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 Col 15573. (Discussed by Local Government and Communities Committee on 4 February 2009 SP OR: 4 February 2009 Col 1623)
97. Welfare Reform Bill:
"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 Col 15909. (Discussed by Health and Sport Committee on 4 March 2009 SP OR: 4 March 2009 Col 1584)
98. Marine and Coastal Access Bill:
"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 Col 15910. (Discussed by Rural Affairs and Environment Committee on 17 December 2008 SP OR: 17 December 2008 Col 1338 and on 28 January 2009 SP OR: 28 January 2009 Col 1350)
99. Borders, Citizenship and Immigration Bill:
"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 Col 16064. (Discussed by Justice Committee on 10 February 2009 SP OR: 10 February 2009 Col 1588)
100. Apprenticeships, Skills, Children and Learning Bill:
"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 Col 16410 (Discussed by Education and Lifelong Learning Committee on 11 March 2009 SP OR: 11 March 2009 Col 2145)
101. Coroners and Justice Bill:
"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 Col 17820 (Discussed by Justice Committee on 10 and 24 February, 3 and 10 March, 28 April, 5 May 2009)
102. Holocaust (Return of Cultural Objects) Bill:
"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 Col 18984 (Discussed by Education, Lifelong Learning and Culture Committee on 17 June 2009 SP OR: 17 June 2009 Col 2535)
103. Child Poverty Bill:
"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: 255 November 2009 Col 21528 (Discussed by Local Government and Communities Committee 28 October 2009 SP OR: 28 October 2009 Col 2518 and 11 November 2009 SP OR: 11 November 2009)
104. Financial Services Bill:
"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 Col 22699 (Discussed by Finance Committee 15 December 2009 SP : OR 15 December 2009 Col 1728)
105. Equality Bill (2):
"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, and transitional arrangements for single sex educational establishments, should be considered by the UK Parliament." SP OR: 28 January 2010 Col 23335 (Discussed by Equal Opportunities Committee 9 June 2009 SP: OR 9 June 2009 Col 1136 and 12 January 2010 SP: OR 12 January 2010 Col 1387)
105A. Equality Bill (3):
"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 Col 23335 (Discussed by Equal Opportunities Committee 9 June 2009 SP: OR 9 June 2009 Col 1136 and 12 January 2010 SP: OR 12 January 2010 Col 1387)
106. Energy Bill (3):
"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 Col 23335 (Discussed by Economy, Energy and Tourism Committee 13 January 2010 SP: OR 13 January 2010 Col 2982)
107. Constitution Reform and Governance Bill:
"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 Col 23335 (Discussed by Economy, Energy and Tourism Committee 13 January 2010 SP: OR 13 January 2010 Col 2986)
Revised wording of motion - letter from Minister for Enterprise, Energy and Tourism to Convener of Economy, Energy and Tourism Committee.
108. Flood and Water Management Bill:
"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 Col 23619 (Discussed by Rural Affairs and Environment Committee 16 December 2009 SP: OR 16 December 2009 Col 2288)
109. Bribery Bill:
"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 Col 23866 (Discussed by Justice Committee 19 January 2010 SP: OR 19 January 2010 Col 2620)
110. Crime and Security Bill:
"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 Col 23867 (Discussed by Justice Committee 19 January 2010 SP: OR 19 January Col 2627)
111. Powers of Entry etc. Bill:
No Legislative Consent Motion was proposed for this.
112. Rehabilitation of Offenders (Amendment) Bill:
No Legislative Consent Motion was proposed for this. (Discussed by Justice Committee SP: OR 23 March 2010)
113. Scotland Bill:
S3M-08114 Iain Gray (East Lothian) (Scottish Labour): Scotland Bill - UK Legislation- 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. (Discussed by Scotland Bill Committee on 14 December 2010, 21 December 2010, 11 January 2011, 18 January 2011, 25 January, 1 February, 3 February, 8 February, 22 February, 1 March, Report)
114. Energy Bill:
"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. (Discussed by Economy, Energy and Tourism Committee SP: OR 26 January,2011, SP: OR 2February 2011, SP: OR 9 February 2011)
115. Health and Social Care Bill:
"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. (Discussed by Health and Sport Committee SP: OR 23 February 2011)
116. Education Bill:
"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. (Discussed by Education, Lifelong Learning and Culture Committee SP: OR 2March 2011, SP: OR 9 March 2011)
117. Public Bodies Bill:
"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. (Discussed by Finance Committee SP: OR 1 March 2011)
118. Welfare Reform Bill (2):
No Legislative Consent Motion was proposed for this during session 3. Discussed by Subordinate Legislation Committee SP: OR 15 March 2011, Report)