Arbitration (Scotland) Bill

Transcription

1 Arbitration (Scotland) Bill Groupings of Amendments for Stage 3 This document provides procedural information which will assist in preparing for and following proceedings on the above Bill. The information provided is as follows: the list of groupings (that is, the order in which amendments will be debated). Any procedural points relevant to each group are noted; the text of amendments to be debated during Stage 3 proceedings, set out in the order in which they will be debated. THIS LIST DOES NOT REPLACE THE MARSHALLED LIST, WHICH SETS OUT THE AMENDMENTS IN THE ORDER IN WHICH THEY WILL BE DISPOSED OF. Groupings of amendments Note: The time limits indicated are those set out in the timetabling motion to be considered by the Parliament before the Stage 3 proceedings begin. If that motion is agreed to, debate on the groups above each line must be concluded by the time indicated, although the amendments in those groups may still be moved formally and disposed of later in the proceedings. Group 1: Court procedures etc. to be mandatory 1, 2, 3, 4, 9, 10, 11, 12, 13, 18 Group 2: Provisional awards not to be final 5, 6, 14 Debate to end no later than 20 minutes after proceedings begin Group 3: Duty to make anonymity order 7 Group 4: Restrictions of rights to appeal 8, 15, 16, 17, 19 Group 5: Challenging awards: procedure etc. 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 Debate to end no later than 35 minutes after proceedings begin SP Bill 19A-G Session 3 (2009)

2 Court procedures etc. to be mandatory 1 In section 7, page 3, line 10, at end insert Amendments in debating order <rule 7 (failure of appointment procedure)> 2 In section 7, page 3, line 13, after <21> insert <and 22A> 3 In section 7, page 3, line 14, at end insert <rule 40A (point of law referral: procedure etc.) rule 41A (time limit variation: procedure etc.)> 4 In section 7, page 3, line 22, leave out from <68> to end of line and insert <67A, 68 and 69 (challenging awards)> 9 In schedule 1, page 16, line 10, at beginning insert <This rule applies> 10 In schedule 1, page 16, line 15, at the beginning insert <( ) Unless the parties otherwise agree,> 11 In schedule 1, page 21, line 9, leave out from beginning to <application> in line 10 and insert <Rule 22A Jurisdiction referral: procedure etc. M (1) This rule applies only where an application is made under rule 22. (2) Such an application is valid only if (a) the parties have agreed that it> 12 In schedule 1, page 26, line 22, leave out from beginning to <application> in line 23 and insert <Rule 40A Point of law referral: procedure etc. M (1) This rule applies only where an application is made under rule 40. (2) Such an application is valid only if (a) the parties have agreed that it>

3 13 In schedule 1, page 27, line 2, at end insert <Rule 41A Time limit variation: procedure etc. M (1) This rule applies only where an application for variation of time limit is made under rule 41.> 18 In schedule 1, page 36, line 36, at end insert <Rule 67A Legal error appeals: procedure etc. M (1) This rule applies only where rule 67 applies.> Provisional awards not to be final 5 In section 9A, page 5, line 4, leave out <rule> and insert <section> 6 In section 9A, page 5, line 6, at end insert <( ) This section does not apply in relation to a provisional award (see rule 50), such an award not being final and being binding only (a) to the extent specified in the award, or (b) until it is superseded by a subsequent award.> 14 In schedule 1, page 30, leave out lines 7 to 9 Duty to make anonymity order 7 In section 13, page 6, line 26, leave out from beginning to end of line 27 and insert <( ) On such an application, the court must grant the order unless satisfied that disclosure (za) is required (i) for the proper performance of the discloser s public functions, or (ii) in order to enable any public body or office-holder to perform public functions properly,>

4 Restrictions of rights to appeal 8 In section 13, page 6, line 30, at end insert <( ) The court s determination of an application for an order is final.> 15 In schedule 1, page 31, line 26, at end insert <(with any determination by the Outer House or the sheriff being final)> 16 In schedule 1, page 35, line 15, at end insert <( ) The Outer House s decision on whether to grant such leave is final.> 17 In schedule 1, page 36, line 29, at end insert <( ) The Outer House s decision on whether to grant such leave is final.> 19 In schedule 1, page 37, line 27, at end insert <( ) The Outer House s decision on whether to grant such leave is final.> Challenging awards: procedure etc. 20 In schedule 1, page 38, line 8, at end insert <( ) An application for leave to appeal against the Outer House s decision on an appeal must be made no later than 28 days after the date on which the decision is made (and any such leave expires 7 days after it is granted).> 21 In schedule 1, page 38, line 12, after <House> insert <(or the Inner House in the case of an appeal 22 In schedule 1, page 38, line 14, after <House> insert <(or Inner House)> 23 In schedule 1, page 38, line 17, after <House> insert <(or the Inner House in the case of an appeal 24 In schedule 1, page 38, line 21, after <House> insert <(or the Inner House in the case of an appeal

5 25 In schedule 1, page 38, line 22, leave out third <an> and insert <leave to> 26 In schedule 1, page 38, line 32, after <House> insert <(or the Inner House in the case of an appeal 27 In schedule 1, page 38, line 35, after <for> insert <leave to> 28 In schedule 1, page 38, line 36, at end insert <( ) An appeal to the Inner House against any decision of the Outer House under this rule may be made only with the leave of the Outer House. ( ) An application for leave to appeal against such a decision must be made no later than 28 days after the date on which the decision is made (and any such leave expires 7 days after it is granted). ( ) Leave may be given by the Outer House only where it considers (a) that the proposed appeal would raise an important point of principle or practice, or (b) that there is another compelling reason for the Inner House to consider the appeal. ( ) The Outer House s decision on whether to grant such leave is final. ( ) A decision of the Inner House under this rule (including any decision on an appeal against a decision by the Outer House) is final.> 29 In schedule 1, page 39, line 2, after <House> insert <or, as the case may be, the Inner House> 30 In schedule 1, page 39, leave out lines 6 and 7 and insert <(a) in the case of a decision by the Outer House (i) where the decision is appealed, the day falling 3 months after the appeal (or, as the case may be, the application for leave to appeal) is dismissed or abandoned, (ii) where the decision is not appealed, the day falling 3 months after the decision is made, or (iii) such other day as the Outer House may specify, (b) in the case of a decision by the Inner House (i) the day falling 3 months after the decision is made, or (ii) such other day as the Inner House may specify.>

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