othertales/uklegislation huggingface dataset:
Public Records Citation and commencement 1 This Order may be cited as the Public Records (Scotland) Act 2011 (Authorities) Amendment Order 2018 and comes into force on 12th January 2018. Amendments to the schedule to the Public Records (Scotland) Act 2011 2 In the schedule of the Public Records (Scotland) Act 2011 (authorities to which Part 1 of that Act applies), under the heading “Others”, in the appropriate place according to alphabetical order, add the following entries— First-tier Tribunal for Scotland ; and Upper Tribunal for Scotland . ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th January 2018
Social Security Citation and commencement 1 These Regulations may be cited as the Universal Credit (Claims and Payments) (Scotland) Amendment Regulations 2017 and come into force on 31st January 2018. Amendment of the Universal Credit (Claims and Payments) (Scotland) Regulations 2017 2 1 Regulation 6 of the Universal Credit (Claims and Payments) (Scotland) Regulations 2017 (applications for, and awards of, universal credit to which those Regulations do not apply) is amended as follows. 2 In paragraph (1), at the start insert “Other than as described in paragraph (1A),”. 3 After paragraph (1), insert— 1A From 31st January 2018, regulations 1, 2 and 4 have effect in relation to the awards and applications described in paragraph (1), unless it is an award or application to which either of the following conditions applies— a an award of universal credit which is not administered on the digital service computer system operated by the Secretary of State in digital service areas; b an application for such an award which will not be administered on that system if granted. . 4 In paragraph (2) (meaning of “digital service area”), for “the purpose of paragraph (1)(c),” substitute “the purposes of paragraphs (1)(c) and (1A)(a),”. JEANE FREEMAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th December 2017
Education Citation, commencement and extent 1 1 This Order may be cited as the Education (Recognised Bodies) (Scotland) Order 2018 and comes into force on 31st January 2018. 2 This Order extends to Scotland only. Recognised bodies 2 The bodies listed in the schedule comprise all those bodies which appear to the Scottish Ministers to be recognised bodies. Revocation 3 The Education (Recognised Bodies) (Scotland) Order 2007 and the Education (Recognised Bodies) (Scotland) Amendment Order 2009 are revoked. S SOMERVILLE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th January 2018
Sheriff Court Citation and commencement, etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Drug Dealing Telecommunications Restriction Orders) 2017. 2 It comes into force on 19th January 2018. 3 A certified copy is to be inserted in the Books of Sederunt. Amendment of the Summary Application Rules 1999 2 1 The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with this paragraph and paragraph 3. 2 After Part L (transfers from the Lands Tribunal for Scotland to the sheriff under the electronic communications code) of Chapter 3 (rules on applications under specific statutes) insert— PART LI DRUG DEALING TELECOMMUNICATIONS RESTRICTION ORDERS Interpretation 3.51.1 In this Part— “the 2015 Act” means the Serious Crime Act 2015 ; “DDTRO Regulations” means the Drug Dealing Telecommunications Restriction Orders Regulations 2017 ; and unless the context otherwise requires, words and expressions used in this Part and in the 2015 Act or the DDTRO Regulations have the meaning given by the 2015 Act or the DDTRO Regulations, as the case may be. Drug Dealing Telecommunications Restriction Orders 3.51.2 1 An application under regulation 3 of the DDTRO Regulations (power to make a DDTRO) for a DDTRO— a is to be made by summary application in Form 73; and b must not be intimated to an affected person or their legal representative. 2 A DDTRO is to be made in Form 74. 3 An application for discharge, extension or variation of a DDTRO is to be made by an application in the process relating to the DDTRO in Form 75. 4 Where an application under paragraph (3) is made, the sheriff may make such orders as he or she thinks fit for dealing with the application, including an order— a requiring the applicant to intimate the application and any court order relating to it to any other person; b requiring any party to lodge answers; and c fixing a hearing on the application and any answers. 5 An application for a DDTRO must be heard and determined in private. 6 All proceedings in an application for discharge, extension or variation of a DDTRO must be heard and determined in public. 7 Rule 2.5 (order for intimation to interested persons by the sheriff) does not apply to applications under this Part. 8 Rule 2.30 (motion procedure), applying Chapter 15 of the Ordinary Cause Rules, applies to motions under this Part. . 3 In schedule 1, after Form 72, insert Forms 73, 74 and 75 as set out in the schedule of this Act of Sederunt. CJM SUTHERLAND Lord President I.P.D. Edinburgh 20th December 2017
Public Service Pensions Citation, commencement and effect 1 1 These Regulations may be cited as the Teachers’ Pension Scheme (Scotland) (No. 2) Amendment Regulations 2017 and come into force on 1st March 2018. 2 Regulation 2 has effect from 1st April 2015. Amendment of the Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014 2 1 The Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014 are amended in accordance with paragraph (2). 2 In regulations 135, 136(1), 137(1) and 138(1) for “is payable” substitute “may be payable”. DEREK MACKAY A member of the Scottish Government St Andrew’s House, Edinburgh 12th December 2017 We consent ANDREW GRIFFITHS HEATHER WHEELER Two of the Lords Commissioners of Her Majesty’s Treasury 18th December 2017
Lands Tribunal Citation and commencement 1 These Rules may be cited as the Lands Tribunal for Scotland Amendment Rules 2017, and come into force on 21st December 2017. Amendment of the Lands Tribunal for Scotland Rules 2003 2 In rule 28(1) (expenses) of the Lands Tribunal for Scotland Rules 2003 after “that Order.” insert “For the purposes of determining applications under schedule 3A (electronic communications code) of the Communications Act 2003 , expenses shall be determined in accordance with paragraph 96 of that schedule.”. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th November 2017
Lands Tribunal Citation and commencement 1 These Rules may be cited as the Lands Tribunal for Scotland Amendment (Fees) Rules 2017, and come into force on 21st December 2017. Table of Fees 2 In the Table of Fees contained in schedule 2 of the Lands Tribunal for Scotland Rules 1971 , after item 36 insert the items and corresponding fees set out in the table in the schedule to these Rules. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th November 2017
Housing Citation and commencement 1 These Regulations may be cited as the Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 and come into force on 31st January 2018. Amendment of the Letting Agent Registration (Scotland) Regulations 2016 2 1 The Letting Agent Registration (Scotland) Regulations 2016 are amended in accordance with paragraph (2). 2 In regulation 4 (additional information to be included in an application for registration), in paragraph (2)— a in sub-paragraphs (l)(ii), (n), (p)(ii) and (r), after “equivalent”, insert “or greater”; b in sub-paragraph (o), at the beginning, insert “in the case where the applicant holds client money,”; c in sub-paragraph (p), at the beginning, insert “where sub-paragraph (o) applies,”; d after sub-paragraph (s)(iii), omit “and”; and e in sub-paragraph (t), at the end, insert— ; and u the date when the applicant commenced carrying out letting agency work . Amendment of the Letting Agent Code of Practice (Scotland) Regulations 2016 3 1 The Letting Agent Code of Practice (Scotland) Regulations 2016 are amended in accordance with paragraph (2). 2 In the schedule (letting agent code of practice)— a in paragraph 32(p) (handling client money), at the beginning, insert “if you hold client money,”; b in paragraph 43 (giving correct information to prospective tenants), omit “length and”; c in paragraph 64 (tenancy agreement), omit “signed”; d in paragraph 77 (rent collection), after “receipt”, insert “which states the date of payment, the amount paid and either the amount which remains outstanding or confirmation that no further amount remains outstanding”; e in paragraph 82 (property access and visits), omit “Section 184 of the Housing (Scotland) Act 2006 specifies that”; and f in paragraph 117 (handling landlords’ and tenants’ money, and insurance arrangements), at the end, insert “This section only applies if you hold and handle client money.”. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th December 2017
Public Health Citation, commencement and interpretation 1 These Regulations may be cited as the Sale of Nicotine Vapour Products (Vending Machines) (Scotland) Regulations 2017 and come into force on 25th January 2018. Amendment of section 9(3) of the Tobacco and Primary Medical Services (Scotland) Act 2010 2 In section 9(3) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (prohibition of vending machines for the sale of tobacco products) after “tobacco” insert “or nicotine vapour” . AILEEN CAMPBELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 28th November 2017
Community Empowerment Citation and commencement 1 This Order may be cited as the Community Empowerment (Scotland) Act 2015 (Commencement No. 9) Order 2017 and comes into force on 15th December 2017. Appointed day 2 1 Subject to paragraph (2), the day appointed for the coming into force of the following provisions of the Community Empowerment (Scotland) Act 2015 is 15th December 2017:— a section 133(4), (5) and (6) (compensation for disturbance); b section 134(4), (5) and (6) (compensation for deterioration of allotment); and c section 135(3), (4) and (5) (compensation for loss of crops). 2 The provisions in paragraph (1) come into force on 15th December 2017 only for the purpose of making regulations. R CUNNINGHAM A member of the Scottish Government St Andrew’s House, Edinburgh 28th November 2017
Sea Fisheries Citation, commencement and extent 1 1 This Order may be cited as the Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017 and comes into force on 1st February 2018. 2 This Order extends to Scotland and the Scottish zone only. Interpretation 2 In this Order— “day” means a period of 24 hours beginning and ending at midnight; “razor clams” means razor clams of the species Ensis spp.; and “tidal waters” means those parts of the Scottish zone, including the seabed and subsoil, which are enclosed between the boundary line following the mean high water spring mark and the boundary line following the mean low water spring mark. Prohibition on fishing for razor clams 3 1 Fishing for razor clams within the Scottish zone is prohibited. 2 The prohibition in paragraph (1) does not apply to any operations involving fishing for razor clams which, under the authority of the Scottish Ministers, are conducted for the purpose of scientific investigation. 3 Subject to paragraph (4), the prohibition in paragraph (1) does not apply to fishing for razor clams by hand in tidal waters. 4 A person fishing for razor clams by hand in tidal waters may take no more than 30 razor clams in any day. 5 In paragraph (3), “fishing for razor clams by hand” means the taking of razor clams by hand, without the use of any fishing gear or other mechanical device. Prohibition on landing razor clams in Scotland 4 1 The landing in Scotland of any razor clams caught in the Scottish zone is prohibited. 2 The prohibition in paragraph (1) does not apply to any operations involving the landing of any razor clams in Scotland or the catching of any razor clams in the Scottish zone which, under the authority of the Scottish Ministers, are conducted for the purpose of scientific investigation. 3 The prohibition in paragraph (1) does not apply to the landing of razor clams after fishing for those razor clams by hand in tidal waters in accordance with article 3(3) and (4). FERGUS EWING A member of the Scottish Government St Andrew’s House, Edinburgh 28th November 2017
Housing Citation and commencement 1 These Regulations may be cited as the Notice to Local Authorities (Scotland) Amendment (No. 2) Regulations 2017 and come into force on 31st January 2018. Amendment of the Notice to Local Authorities (Scotland) Regulations 2008 2 1 The Notice to Local Authorities (Scotland) Regulations 2008 are amended in accordance with paragraphs (2) and (3). 2 In regulation 2 (form of notice), after paragraph (2) insert— 3 The form of notice to be given under section 245ZA(2) of the Proceeds of Crime Act 2002 (notice to local authority of application for decree of removing and warrant for ejection) is as set out in schedule 3. . 3 After schedule 2, insert the schedule set out in the schedule of these Regulations. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 28th November 2017
Landlord And Tenant Citation, commencement and interpretation 1 1 These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Supplementary, Consequential, Transitory and Saving Provisions) Regulations 2017 and come into force on 30th November 2017. 2 In these Regulations— “1991 Act tenancy” has the same meaning as in section 93 of the 2003 Act (interpretation) ; “the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003; “the 2016 Act ” means the Land Reform (Scotland) Act 2016; “limited duration tenancy” has the same meaning as in section 93 of the 2003 Act ; and “modern limited duration tenancy” has the same meaning as in section 93 of the 2003 Act . Modifications 2 Schedule 1 (consequential modifications and supplementary provision) has effect. Transitory and saving provisions 3 Schedule 2 (transitory and saving provisions) has effect. FERGUS EWING A member of the Scottish Government St Andrew’s House, Edinburgh 22nd November 2017
Public Health Citation and commencement 1 1 These Regulations may be cited as the Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Amendment (No. 2) Regulations 2017. 2 Subject to paragraph (3), these regulations come into force on 1st April 2018. 3 This regulation and regulation 3(2)(c) come into force as soon as they are made. Amendment of the schedule of the Public Bodies (Joint Working) (Scotland) Act 2014 2 In Part 1 of the schedule (functions of local authorities which may be delegated) of the Public Bodies (Joint Working) (Scotland) Act 2014, in the entry for the Social Care (Self-directed Support) (Scotland) Act 2013 , omit “3,”. Amendment of the Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 3 1 The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 are amended in accordance with this regulation. 2 In Part 1 of the schedule (functions prescribed for the purposes of section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014)— a in the entry for the Social Work (Scotland) Act 1968, omit the references in Column A to section 12AA and 12AB; b in the entry for the Social Care (Self-directed Support) (Scotland) Act 2013, omit— i the reference in Column A to section 3; and ii the corresponding entry in Column B; and c in the entry for the Carers (Scotland) Act 2016 in Column A, insert— Section 6 (duty to prepare adult carer support plan) Section 24 (duty to provide support) Section 25 (provision of support to carers: breaks from caring) Section 31 (duty to prepare local carer strategy) Section 34 (information and advice service for carers) Section 35 (short breaks services statements) SHONA ROBISON A member of the Scottish Government St Andrew’s House, Edinburgh 13th December 2017
Housing Citation, commencement and interpretation 1 1 These Regulations may be cited as the Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017 and come into force on 1st December 2017. 2 In these Regulations— “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016; and “electronic document” means a document created and stored in an electronic form. Performing the duty to provide written terms of tenancy 2 1 Where a duty arises by virtue of section 10(1) of the Act (duty to provide written terms of tenancy) the landlord must provide the tenant with— a a paper document; or b an electronic document. 2 A document under paragraph (1) may be in the form of— a the Model Private Residential Tenancy Agreement for a private residential tenancy ; or b a tenancy agreement drafted by the landlord. Duty to provide specified information 3 1 For the purposes of section 11(1)(a) of the Act (duty to provide specified information), the person who is, or is to be, the landlord under a private residential tenancy must provide the person who is, or is to be, the tenant with— a where the written terms of the tenancy are in the form of the Model Private Residential Tenancy Agreement , the Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement ; or b where the written terms of the tenancy are in the form of a tenancy agreement drafted by the landlord, the Private Residential Tenancy Statutory Terms Supporting Notes . 2 For the purposes of section 11(1)(b) of the Act, the deadline by which the person who is, or is to be, the landlord under a private residential tenancy must provide the person who is, or is to be, the tenant with the information specified in paragraph (1) is— a before the end of the day on which the tenancy commences, if the tenancy is a private residential tenancy; or b before the end of the day falling 28 days after the day on which the tenancy became a private residential tenancy, if it became one after the day on which the tenancy commenced. 3 Where a duty arises by virtue of section 11(1) of the Act, the information provided under paragraph (1) by the landlord to the tenant must be in the form of— a a paper document; or b an electronic document. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 21st November 2017
Housing Citation and commencement 1 These Regulations may be cited as the Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 and come into force on 1st December 2017. Amendment of the Local Government, Planning and Land Act 1980 2 1 The Local Government, Planning and Land Act 1980 is amended in accordance with paragraph (2). 2 In paragraph 10 (displacement of persons) of schedule 28 — a the existing text becomes sub-paragraph (1); b for the words from “the Rent (Agriculture)” to “(Scotland) Act 1988” substitute “an enactment mentioned in sub-paragraph (2)”; and c after sub-paragraph (1), insert— 2 The enactments referred to in sub-paragraph (1) are— a the Rent (Agriculture) Act 1976, b the Rent Act 1977, c the Housing Act 1988, d the Rent (Scotland) Acts 1971 to 1975, e the Rent (Scotland) Act 1984, f the Housing (Scotland) Act 1988, g the Private Housing (Tenancies) (Scotland) Act 2016. . Amendment of the Housing (Scotland) Act 2010 3 1 The Housing (Scotland) Act 2010 is amended in accordance with paragraph (2). 2 In section 108(1) (disposals not requiring consent), after paragraph (d) insert— da by way of a lease under what would be a private residential tenancy but for— i any of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, and ii paragraph 14 of that schedule. . Amendment of the Bankruptcy (Scotland) Act 2016 4 1 The Bankruptcy (Scotland) Act 2016 is amended in accordance with paragraph (2). 2 In section 79(3) (provision supplementary to section 78 and interpretation of Part 5)— a at the end of paragraph (b) omit “or”; and b after paragraph (c) insert— , or d a private residential tenancy within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016 . Amendment of the Letting Agent Code of Practice (Scotland) Regulations 2016 5 1 The Letting Agent Code of Practice (Scotland) Regulations 2016 are amended in accordance with paragraph (2). 2 In the schedule (letting agent code of practice)— a in paragraph 48 (charging fees), after “short assured tenancy” insert “or private residential tenancy”; b in paragraph 82 (property access and visits), after “must be given” insert “, or 48 hours’ notice where the tenancy is a private residential tenancy,”; and c in paragraph 92 (carrying out repairs and maintenance), after “here” insert “and paragraph 6 of the schedule of the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 is relevant in respect of a private residential tenancy”. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 21st November 2017
Housing Citation, commencement and interpretation 1 1 These Regulations may be cited as the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 and come into force on 1st December 2017. 2 In these Regulations “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016. Statutory terms 2 The statutory terms of every private residential tenancy are set out in the schedule. Modification of statutory term by agreement 3 The statutory terms set out in paragraphs 4 and 5 of the schedule apply in relation to a tenancy subject to any modification of the terms agreed between the landlord and the tenant, where the person mentioned in paragraphs 4 and 5 is not— a in a qualifying relationship with the tenant as defined in section 70(1)(a) of the Act; b a member of the tenant’s family as defined in section 70(1)(b) of the Act; or c a resident carer as defined in section 69(5) of the Act. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 21st November 2017
Public Bodies Citation and commencement 1 This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2017 and comes into force on the day after the day on which it is made. Amendment of the list of specified authorities 2 1 Schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the specified authorities) is amended in accordance with paragraph (2). 2 In the listing of the specified authorities, under the heading “Advisory bodies” insert, at the appropriate place, “Scottish Land Commission”. R CUNNINGHAM A member of the Scottish Government St Andrew’s House, Edinburgh 21st November 2017
Land Reform Citation and commencement 1 These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Supplemental Provision) Regulations 2017 and come into force on the day after the day on which they are made. Modification of the Land Reform (Scotland) Act 2016 2 1 The Land Reform (Scotland) Act 2016 is amended in accordance with paragraph (2). 2 In section 19 (accounts)— a in subsection (2) for “the statement” substitute “a copy of the statement”; and b after subsection (3) insert— 3A The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from the Commission, send it to the Auditor General for Scotland for auditing. . R CUNNINGHAM A member of the Scottish Government St Andrew’s House, Edinburgh 21st November 2017