othertales/uklegislation huggingface dataset:
ADULT SUPPORT Citation and commencement 1 This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008 and comes into force on 29th October 2008. Interpretation 2 1 In this Order– “equivalent registration” means registration in a register prescribed under section 52(2)(b) (use of title “social worker” etc. ) of the 2001 Act and which appears to the Scottish Ministers to be equivalent to a registration in the SSSC register as a social worker; “SSSC register” means the register maintained by the SSSC under section 44(1) (register of social workers and of other social service workers) of the 2001 Act; “the 2001 Act” means the Regulation of Care (Scotland) Act 2001 ; and “the SSSC” means the Scottish Social Services Council . 2 A reference in this Order to a section is, unless otherwise stated, to a section of the Adult Support and Protection (Scotland) Act 2007. Restriction on the authorisation of council officers to perform functions under sections 7 to 10 3 1 A council shall not authorise a person to perform the functions of a council officer under sections 7 to 10 (investigative functions) unless that person meets the requirements set out in paragraph (2). 2 Those requirements are– a the person– i is registered in the part of the SSSC register maintained in respect of social workers or is the subject of an equivalent registration; ii is registered in the part of the SSSC register maintained in respect of social service workers; iii is registered as an occupational therapist in the register maintained under article 5(1) (establishment and maintenance of register) of the Health Professions Order 2001 ; or iv is a nurse; and b the person has at least 12 months' post qualifying experience of identifying, assessing and managing adults at risk. Restriction on the authorisation of council officers to perform functions under sections 11, 14, 16 and 18 4 A council shall not authorise a person to perform the functions of a council officer under sections 11 (assessment orders), 14 (removal orders), 16 (right to move adult at risk) or 18 (protection of moved person’s property) unless that person meets the requirements of article 3(2)(a)(i), (iii) or (iv) and (b). Withdrawal of authorisation 5 A council shall withdraw the authority of a person to perform the functions of a council officer specified in article 3 or 4 if that person no longer meets the requirements relevant to performing those functions. S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th September 2008
CHILDREN AND YOUNG PERSONS Citation and commencement 1 This Order may be cited as the Special Restrictions on Adoptions from Guatemala (Scotland) Order 2008 and comes into force on 7th October 2008. Declaration of special restrictions 2 Special restrictions apply in relation to the bringing of children into the United Kingdom from Guatemala in the cases mentioned in section 62(2) of the Adoption and Children (Scotland) Act 2007. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th September 2008
CHILDREN AND YOUNG PERSONS Citation and commencement 1 This Order may be cited as the Special Restrictions on Adoptions from Cambodia (Scotland) Order 2008 and comes into force on 7th October 2008. Declaration of special restrictions 2 Special restrictions apply in relation to the bringing of children into the United Kingdom from Cambodia in the cases mentioned in section 62(2) of the Adoption and Children (Scotland) Act 2007. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th September 2008
ANIMALS Citation, commencement and extent 1 1 This Order may be cited as the Dangerous Wild Animals Act 1976 (Modification) (Scotland) Order 2008 and comes into force on 1st October 2008. 2 This Order extends to Scotland only. Modification 2 For the Schedule to the Dangerous Wild Animals Act 1976 substitute the Schedule set out in the Schedule to this Order. Revocation 3 The Dangerous Wild Animals Act 1976 (Modification) Order 1984 is revoked. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 9th September 2008
The M9/A9 Trunk Road (Olrig Street, Traill Street & Sir George’s Street, Thurso) (Prohibition of Waiting and Loading) Order 2008 http://www.legislation.gov.uk/ssi/2008/301/made The M9/A9 Trunk Road (Olrig Street, Traill Street & Sir George’s Street, Thurso) (Prohibition of Waiting and Loading) Order 2008 en King’s Printer for Scotland 2010-07-16 The M9/A9 Trunk Road (Olrig Street, Traill Street & Sir George’s Street, Thurso) (Prohibition of Waiting and Loading) Order 2008 The M9/A9 Trunk Road (Olrig Street, Traill Street & Sir George’s Street, Thurso) (Prohibition of Waiting and Loading) (No 2) Order 2010 art 10
HOUSING Citation 1 This Order may be cited as the Housing (Scotland) Act 2006 (Commencement No. 6 and Transitional Provision) Order 2008. Interpretation 2 In this Order– “the 2006 Act ” means the Housing (Scotland) Act 2006. Commencement of provisions 3 The day appointed for the coming into force of the provisions of the 2006 Act specified in Column 1 of the Table below is as shown in Column 2, but where a particular purpose is specified in relation to any provision in Column 3, that provision comes into force on that day only for that purpose. Table Column 1 Column 2 Column 3 Sections 73, 77 and 79 29th September 2008 Only for the purpose of enabling regulations to be made. Sections 98 to 119 and Schedule 3 1st December 2008 Transitional provision 4 1 Sections 98 to 118 of the 2006 Act do not apply in respect of a house which is on the market when this Order comes into force, but only for so long as it remains on the market. 2 “On the market” and “remains on the market” have the meanings given in section 119 of the 2006 Act. S. MAXWELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th September 2008
FREEDOM OF INFORMATION Citation, commencement and interpretation 1 1 This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 and comes into force on 13th October 2008. 2 In this Order “ the Act ” means the Freedom of Information (Scotland) Act 2002. Additional Public Authorities 2 The bodies and offices listed in Schedule 1 to this Order are added to the specified part of schedule 1 to the Act, in each case in the appropriate place. Removal of Public Authorities 3 The entries relating to the bodies listed in Schedule 2 to this Order are removed from the specified part of schedule 1 to the Act. BRUCE CRAWFORD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st September 2008
PLANT HEALTH Citation and commencement 1 This Order may be cited as the Potatoes Originating in Poland (Notification) (Scotland) Amendment Order 2008 and comes into force on 1st October 2008. Amendment of the Potatoes Originating in Poland (Notification) (Scotland) Order 2004 2 The Potatoes Originating in Poland (Notification) (Scotland) Order 2004 is amended in accordance with articles 3 and 4. Amendment of article 2 3 In article 2 (interpretation)– a omit the definition of “Polish Potatoes” and insert– “Polish potato” means any potato which is imported, other than potatoes for planting, and which the person importing it knows or has reasonable cause to suspect to have been grown in the Republic of Poland during the year 2003 or subsequently; ; and b omit the definition of “seed potato”. Amendment of article 3 4 In article 3 (notification of imports)– a in paragraph (1)(d), omit “seed potatoes or”; and b omit paragraph (2). Revocations 5 The following instruments are revoked:– a the Potatoes Originating in Germany (Notification) (Scotland) Order 2001 ; and b the Potatoes Originating in the Netherlands (Notification) (Scotland) Order 2005 . RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 5th September 2008
PLANT HEALTH Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments to the Plant Health (Scotland) Order 2005 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Article 2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of part 3 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of part 8 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of part 10 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 1 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 2 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 3 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 4 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 8 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CLEAN AIR Citation, commencement and extent 1 1 This Order may be cited as the Smoke Control Areas (Exempt Fireplaces) (Scotland) (No. 2) Order 2008 and comes into force on 1st October 2008. 2 This Order extends to Scotland only. Fireplaces exempted from section 20 of the Clean Air Act 1993 2 The fireplaces described in the Schedule which comply with the conditions specified in relation to each of them in that Schedule are exempt from the provisions of section 20 (prohibition on emission of smoke in smoke control area) of the Clean Air Act 1993. Revocation 3 The Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2008 is revoked. MICHAEL W RUSSELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd September 2008
AGRICULTURE Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Less Favoured Area Support Scheme (Scotland) Regulations 2007 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 6 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New regulation 16A 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FAMILY LAW Citation and commencement 1 These Regulations may be cited as the Divorce etc. (Pensions) (Scotland) Amendment Regulations 2008 and shall come into force on 1st October 2008. Amendment of the Divorce etc. (Pensions) (Scotland) Regulations 2000 2 1 The Divorce etc. (Pensions) (Scotland) Regulations 2000 are amended as follows. 2 In regulation 2(1) (interpretation)– a in the appropriate alphabetical places, insert– “normal pension age” has the meaning given in section 180 (normal pension age) of the 1993 Act; ; “the Transfer Values Regulations ” means the Occupational Pension Schemes (Transfer Values) Regulations 1996 ; ; b for the definition of “salary related occupational pension scheme”, substitute– “salary related occupational pension scheme” has the meaning given by regulation 1A of the Transfer Values Regulations; . 2 In regulation 3 (valuation)– a in paragraph (2)(d)– i for “paragraphs (7) to (9)” substitute “paragraphs (7) and (8)”; ii after head (iii), insert– ; or the pension of the person with pension rights is not in payment and the person has attained normal pension age. ; b for paragraph (4)(b), substitute– b in accordance with regulation 11 (disclosure) of, and Schedule 1 to, the Transfer Values Regulations. ; c for paragraphs (7) to (9), substitute– 7 Cash equivalents are to be calculated and verified in accordance with regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations as appropriate. 8 But when calculating and verifying a cash equivalent in accordance with those regulations– a references to “trustees” must be read as references to “person responsible for the pension arrangement”; b where the person with pension rights is a pensioner member on the date on which the request for the valuation is received, the value of his pension must be calculated and verified in accordance with regulations 7 to 7E of the Transfer Values Regulations as appropriate; c where the person is over normal pension age but not in receipt of a pension– i the value of his pension must be calculated and verified in accordance with regulations 7 to 7E of the Transfer Values Regulations as appropriate; and ii the person responsible for the pension arrangement must assume that the pension came into payment on the date on which the request for the valuation was received; and d the date by reference to which the cash equivalent is to be calculated and verified is to be the date on which the request for the valuation was received. ; and d in paragraph (10), for “paragraph (3), (4), (7) or (9)”, substitute “paragraph (3), (4) or (7)”. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 28th August 2008
LICENSING (LIQUOR) Citation 1 This Order may be cited as the Licensing (Scotland) Act 2005 (Commencement No. 5) Order 2008. Commencement 2 5th September 2008 is appointed as the day for the coming into force of section 123 of the Licensing (Scotland) Act 2005. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 1st September 2008
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2008 and come into force on 27th October 2008. Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 2 1 The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 are amended as follows. 2 In regulation 1(2) (interpretation) after the definition of “income-based jobseeker’s allowance” insert– “income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007 ; . 3 In regulation 8 (eligibility – supply of optical appliances)– a after paragraph (3)(n) insert– o he is in receipt of income-related employment and support allowance; or p he is a member of the same family as a person described in sub-paragraph (o) of this paragraph. ; and b after paragraph (4)(c) insert– d in sub-paragraph (p), “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations 2008 . . NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 27th August 2008
NATIONAL HEALTH SERVICE Citation and commencement and interpretation 1 1 This Order may be cited as the National Health Service (Recognition of Health Service Bodies) (Scotland) Order 2008 and comes into force on 13th October 2008. 2 In this Order, “ the Act ” means the National Health Service (Scotland) Act 1978. Recognition of the Dentists Vocational Training Appeal Body 2 1 For the purposes of this article, “Dentists Vocational Training Appeal Body” means the Dentists Vocational Training Appeal Body constituted in accordance with regulation 4 of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 . 2 The Scottish Ministers specify the Dentists Vocational Training Appeal Body as a body recognised by them to have been formed for the purpose of performing a function connected with the provision of services under the Act, in terms of section 88(1)(e) of the Act. (Payment of allowances and remuneration to members of certain bodies connected with the health services). 3 The Scottish Ministers specify the Dentists Vocational Training Appeal Body for the purposes of section 88(2)(d) of the Act . S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th September 2008
CLEAN AIR Citation, commencement and extent 1 1 These Regulations may be cited as the Smoke Control Areas (Authorised Fuels) (Scotland) (No. 2) Regulations 2008 and come into force on 1st October 2008. 2 These Regulations extend to Scotland only. Authorised fuels for the purposes of Part III of the Clean Air Act 1993 2 Anthracite, semi anthracite, electricity, gas, low volatile steam coals and the fuels described in the Schedule are declared to be authorised fuels for the purposes of Part III of the Clean Air Act 1993. Revocation and savings 3 1 The Smoke Control Areas (Authorised Fuels) (Scotland) Regulations 2008 are revoked. 2 Any fuel manufactured before 1st October 2008 which, immediately before that date, was an authorised fuel for the purposes of Part III of the Clean Air Act 1993 continues to be an authorised fuel for those purposes notwithstanding the revocation of the Regulations referred to in paragraph (1). MICHAEL W RUSSELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd September 2008
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2008 and come into force on 27th October 2008. Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 2 1 The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 are amended as follows. 2 In regulation 2 (interpretation)– a for the definition of “family”, substitute has the meaning assigned to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 as it applies to income support, except that: in regulation 4(2)(f) it has the meaning assigned to it by section 35 of the Jobseekers Act 1995 ; in regulations 4(2)(j) and 10(2) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 ; where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999 , it means the asylum-seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom the asylum-seeker has included in that claim, and references to “family” in regulations 4(2)(i) and 10(1), (3) and (7) shall be construed accordingly; and in regulation 4(2)(o) it has the meaning assigned to it by regulation 2 of the Employment and Support Allowance Regulations 2008 ; ; and b after the definition of “income-based jobseeker’s allowance” insert– “income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007 ; . 3 In regulation 4(2) (description of persons entitled to full remission and payment), after sub paragraph (m) insert– n a person who is in receipt of income-related employment and support allowance; or o a member of the same family as a person who is in receipt of income-related employment and support allowance. . 4 In regulation 9(1) (claims for remission or payment) for “(h) or (i),”, substitute “(h), (i) or (m),”. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 27th August 2008
HOUSING Citation and commencement 1 These Regulations may be cited as the Housing Grants (Application Forms) (Scotland) Amendment Regulations 2008 and come into force on 27th October 2008. Amendment of the Housing Grants (Application Forms) (Scotland) Regulations 2003 2 The Housing Grants (Application Forms) (Scotland) Regulations 2003 are amended in accordance with regulations 3 to 6. 3 In Schedule 1– a in parts D2 and D(A)2 of the form of the Application for Improvement Grant not relating to works for a disabled occupant, for “Income support” substitute– Income support or income related employment and support allowance ; and b in parts D13a and D(A)13a of the form of the Application for Improvement Grant not relating to works for a disabled occupant, for “Incapacity Benefit” substitute– Incapacity Benefit or contributory employment and support allowance . 4 In Schedule 2– a in part D2 of the form of the Application for Improvement Grant relating to works for a disabled occupant, for “Income support” substitute– Income support or income related employment and support allowance ; and b in part D13a of the form of the Application for Improvement Grant relating to works for a disabled occupant, for “Incapacity Benefit” substitute– Incapacity Benefit or contributory employment and support allowance . 5 In Schedule 3– a in parts D2 and D(A)2 of the form of the Application for Repairs Grant, for “Income support” substitute– Income support or income related employment and support allowance ; and b in parts D13a and D(A)13a of the form of the Application for Repairs Grant, for “Incapacity Benefit” substitute– Incapacity Benefit or contributory employment and support allowance . 6 In Schedule 4– a in parts D2 and D(A)2 of the form of the Application for Grant for a means of escape from fire in a house in multiple occupation, for “Income support” substitute– Income support or income related employment and support allowance ; and b in parts D13a and D(A)13a of the form of the Application for Grant for a means of escape from fire in a house in multiple occupation, for “Incapacity Benefit” substitute– Incapacity Benefit or contributory employment and support allowance . S MAXWELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd August 2008
CHILDREN AND YOUNG PERSONS Citation 1 This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Commencement No. 2) Order 2008. Appointed Day 2 The day appointed for the coming into force of sections 62 to 65 of the Adoption and Children (Scotland) Act 2007 is 1st September 2008. FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 18th August 2008
BANKRUPTCY Citation and commencement 1 These Regulations may be cited as the Bankruptcy (Scotland) Amendment Regulations 2008 and come into force on 14th November 2008. Amendment of the Bankruptcy (Scotland) Regulations 2008 2 In the Schedule to the Bankruptcy (Scotland) Regulations 2008 – a for Form 9 (debtor application without concurrence) substitute Form 9 set out in Schedule 1 to these Regulations; and b for Form 17 (statutory declaration of low income and low assets) substitute Form 17 set out in Schedule 2 to these Regulations. Forms received before 1st January 2009 3 The Accountant in Bankruptcy may, before 1st January 2009, accept– a a debtor application; or b a statutory declaration of low income and low assets, made in Form 9 or 17 as prescribed in the Bankruptcy (Scotland) Regulations 2008 prior to the commencement of these Regulations. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th October 2008
SHERIFF COURT Citation and commencement 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Seizure and Disposal of Vehicles) 2008 and shall come into force on 15th August 2008. 2 This Act of Adjournal shall be inserted in the Books of Adjournal. Enforcement of fines etc. 2 1 After rule 20.9A of the Criminal Procedure Rules 1996(enforcement orders) insert– Application for release of vehicle 20.9AA An application under regulation 19(1)(b) or (c) of the Enforcement of Fines (Seizure and Disposal of Vehicles) (Scotland) Regulations 2008 (release of seized vehicle on application by offender) shall be in Form 20.9AA. . 2 After Form 20.9A in the appendix to the Criminal Procedure Rules insert Form 20.9AA set out in the Schedule to this Act of Adjournal. A C Hamilton Lord Justice General I.P.D. Edinburgh 18th July 2008