othertales/uklegislation huggingface dataset:
Tribunals And Inquiries Citation, commencement and interpretation 1 1 These Regulations may be cited as the First-tier Tribunal for Scotland (Oaths) Regulations 2017 and come into force on 12th June 2017. 2 In these Regulations, “the Act” means the Tribunals (Scotland) Act 2014. Taking of oaths – Chamber Presidents 2 1 In anticipation of the transfer of the functions of a listed tribunal, the President of that tribunal may take the required oaths for the purposes of paragraph 11(3) of schedule 7 of the Act at a time prior to that person becoming a Chamber President in the First-tier Tribunal. 2 A person may take the required oaths under paragraph (1) only if that person has received from the Scottish Ministers a letter stating that it is their intention that that person become a Chamber President, whether by appointment or by transfer by way of regulations under paragraph 1(1) of schedule 2 of the Act. Taking of oaths - members 3 1 In anticipation of the transfer of the functions of a listed tribunal, a member of that tribunal may take the required oaths for the purposes of paragraph 11(6) of schedule 7 of the Act at a time prior to that person becoming a member of the First-tier Tribunal. 2 A person who takes the required oaths in the circumstances referred to in paragraph (1) may do so in the presence of an appropriate office-holder. 3 An “appropriate office-holder” means— a a person who— i is the President of the listed tribunal of which the person taking the oaths is a member; and ii has taken the required oaths under regulation 2 or in connection with the office referred to in paragraph (i); or b a person who, by virtue of— i a letter of appointment issued to that person; or ii regulations under paragraph 1(1) of schedule 2 of the Act which have been made or laid before the Scottish Parliament in draft, is to become a Chamber President of the chamber of the First-tier Tribunal to which the functions of the tribunal referred to in sub-paragraph (a) are to be allocated and who has taken the required oaths under regulation 2. 4 Nothing in paragraph (2) prevents the required oaths being taken in the presence of the President of Tribunals or a person who is already a Chamber President in the First-tier Tribunal. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th May 2017
Education Citation and commencement 1 This Order may be cited as the Academic Awards and Distinctions (University of the Highlands and Islands) (Scotland) Order of Council 2017 and comes into force on 8th June 2017. Interpretation 2 In this Order— “the 2008 Order ” means the Academic Awards and Distinctions ( UHI Millennium Institute) (Scotland) Order of Council 2008 ; “ the Act ” means the Further and Higher Education (Scotland) Act 1992; and “ the University ” means the University of the Highlands and Islands. Competence to grant academic awards and distinctions 3 1 The University is specified as competent to grant all degrees, diplomas, certificates or other academic awards or distinctions as may be granted in pursuance of section 48(2) and (3) of the Act. 2 The date specified for the purposes of section 48(2)(a) of the Act is 8th June 2017. 3 If the name of the University is changed under section 49 of the Act or under any other power, the competence to grant awards and distinctions arising from the specification in paragraph (1) continues to apply to the University as renamed. Revocation 4 The 2008 Order is revoked. Transitional Provision 5 The specification of the University by the 2008 Order continues to apply for the purpose of granting any award or distinction in respect of a course of study completed before the date specified in article 3(2). Richard Tilbrook Clerk of the Privy Council
High Court Of Justiciary Citation and commencement, etc. 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 2) (Human Trafficking and Exploitation) 2017. 2 It comes into force on 30th June 2017. 3 A certified copy is to be inserted in the Books of Adjournal. Amendment of the Criminal Procedure Rules 1996 2 1 The Criminal Procedure Rules 1996 are amended in accordance with this paragraph. 2 After Chapter 63 (Serious Crime Prevention Orders) insert— CHAPTER 64 TRAFFICKING AND EXPLOITATION PREVENTION ORDERS Interpretation 64.1 In this Chapter— “the 2015 Act ” means the Human Trafficking and Exploitation (Scotland) Act 2015 ; “prosecutor” has the meaning given in section 22 of the 2015 Act; “trafficking and exploitation prevention order” means an order made under section 17 of the 2015 Act. Trafficking and exploitation prevention order 64.2 A trafficking and exploitation prevention order is to be in Form 64.2. Variation, renewal or discharge of trafficking and exploitation prevention order 64.3 1 An application under section 22 of the 2015 Act for the variation, renewal or discharge of a trafficking and exploitation prevention order is to be made in Form 64.3. 2 When an application under paragraph (1) is lodged, the court must— a order intimation of the application— i in the case of an application by the person subject to the order, to the prosecutor and chief constable; or ii in the case of an application by the prosecutor, to the person subject to the order and to the chief constable; b appoint a hearing on the application; and c order intimation of the hearing to the persons referred to in sub-paragraph (a). Representations by a third party claiming an interest in a vehicle, ship or aircraft 64.4 1 An application to make representations to the court under section 14(5) of the 2015 Act by a person who claims an interest in a vehicle, ship or aircraft shall be in Form 64.4. 2 The court may fix a diet for considering representations mentioned in paragraph (1). 3 Where the court fixes a diet under paragraph (2) the clerk of court shall intimate— a the representations and the diet to— i the person convicted on indictment of the offence of human trafficking; ii any other person from whose possession the vehicle, ship or aircraft was taken; and b the diet to the person claiming an interest. . 3 In the Appendix after Form 63.4-B (form of extension of serious crime prevention order) insert the Forms set out in the schedule of this Act of Adjournal. CJM SUTHERLAND Lord Justice General I.P.D. Edinburgh 9th May 2017
Animals Citation and commencement 1 These Regulations may be cited as the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017 and come into force on the day after the day on which they are made. Amendment of the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010 2 The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010 are amended in accordance with regulations 3 and 4. 3 In regulation 2 (interpretation), for “dock” substitute “docking”. 4 In schedule 9 (dogs), after the entry relating to amputation of dew claws, insert— Docking of any dog aged 5 days or less that is a dog— Dog welfare 1) of the type known as spaniel, of any breed or combination of breeds; or 2) of the type known as hunt point retrieve, of any breed or combination of breeds Conditions— 1) The procedure may only be carried out by a veterinary surgeon. 2) Not more than the end third in length of the tail may be removed. 3) The veterinary surgeon who is to carry out the procedure must, before doing so, be satisfied that there has been produced to that veterinary surgeon by— the owner of the dog; or another person whom the veterinary surgeon reasonably believes to be representing the owner, evidence showing that the dog is likely to be used for work in connection with the lawful shooting of animals. 4) The veterinary surgeon who is to carry out the procedure must, before doing so, sign a certificate which— certifies that Condition 3) has been complied with; certifies that the dog is aged 5 days or less according to the date of birth of the dog given by— its owner; or another person whom the veterinary surgeon reasonably believes to be representing the owner; and states the following information:— the breed and type of the dog; the sex of the dog; the colour and a description of the dog; the unique number of the compliant microchip implanted in the dam of the dog; and where the dog has been implanted with a compliant microchip, the unique number of that compliant microchip. In paragraph (c)(iv) and (v) a reference to a compliant microchip means a microchip within the meaning of regulation 4 of the Microchipping of Dogs (Scotland) Regulations 2016 . . R CUNNINGHAM A member of the Scottish Government St Andrew’s House, Edinburgh 27th June 2017
Building And Buildings Citation, commencement and interpretation 1 1 These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2017 and come into force on 1st October 2017. 2 In these Regulations “the 2008 Regulations ” means the Energy Performance of Buildings (Scotland) Regulations 2008 . Amendment of the Energy Performance of Buildings (Scotland) Regulations 2008 2 1 Subject to regulation 3, the 2008 Regulations are amended in accordance with paragraph (2). 2 In regulation 10A (fees for entering data onto register)— a in paragraph (a) for “£1.15” substitute “£2.60”; and b in paragraph (b) for “£5.36” substitute “£12.10”. Savings 3 Notwithstanding the amendment of the 2008 Regulations by regulation 2, the 2008 Regulations continue to apply as they did immediately before 1st October 2017 in respect of the entering of data on a register maintained in accordance with regulation 10 of the 2008 Regulations where that data was sent to the register before that date. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th June 2017
Landfill Tax Citation and commencement 1 1 These Regulations may be cited as the Scottish Landfill Tax (Administration) Amendment Regulations 2017. 2 These Regulations come into force on 29th May 2017. Amendments of Regulations 2 The Scottish Landfill Tax (Administration) Regulations 2015 are amended as follows. Amendment of regulation 2 3 In regulation 2(1), in the definition of “transfer station” for “2.500T” substitute “2,500T”. Amendment of regulation 8 4 In regulation 8, for paragraph (4) substitute— 4 A body corporate becomes bankrupt or incapacitated when it— a goes into liquidation; b enters administration under Part 2 of the Insolvency Act 1986 or Part 3 of the Insolvency (Northern Ireland) Order 1989 ; or c has an administrative receiver (as defined in section 251 of the Insolvency Act 1986) appointed in respect of it. 5 An individual becomes bankrupt or incapacitated when the individual— a becomes subject to a bankruptcy restrictions order under section 155 of the Bankruptcy (Scotland) Act 2016 ; b becomes incapacitated (within the meaning of the Adults with Incapacity (Scotland) Act 2000 ); c starts to serve a sentence of imprisonment or is remanded in custody in the United Kingdom; or d is detained in hospital under the Mental Health (Care and Treatment) (Scotland) Act 2003 . 6 An individual or a partnership becomes bankrupt or incapacitated when the estate of that person— a is sequestrated under the Bankruptcy (Scotland) Act 2016; or b is made subject to a protected trust deed (see section 163 of the Bankruptcy (Scotland) Act 2016). 7 A body corporate, individual or partnership which or who is subject to the laws of a jurisdiction other than Scotland becomes bankrupt or incapacitated on the occurrence of circumstances analogous to those described in paragraphs (4) to (6). . Amendment of regulation 26 5 In regulation 26— a in paragraph (2)— i for “spend” substitute “transfer”; ii in sub-paragraph (a)— aa omit “made subject to a condition that it may only be”; bb for “spends” substitute “transfers”; and cc after “that income” insert “in accordance with regulation 28(1)(a)”; and iii in sub-paragraph (b)— aa for “spends” substitute “transfers”; and bb after “that income” insert “in accordance with regulation 28(1)(a)”. Amendment of regulation 28 6 In regulation 28(1)— a in sub-paragraph (a) omit “has the object contained in regulation 29(5)(f) and”; and b in sub-paragraph (b) for “spend” substitute “transfer”. Amendment of regulation 29 7 In regulation 29— a in paragraph (1)(b) for “any” substitute “all”; and b in paragraph (5)— i omit “any of”; and ii in sub-paragraph (b) for “recycling, re-use and waste prevention projects” substitute “recycling in Scotland or community based re-use and waste prevention projects in Scotland”. Amendment of regulation 30 8 In regulation 30(1)(l) after “accounts” insert “or financial accounts only, if independently audited financial accounts are not otherwise required by law,”. Amendment of regulation 38 9 In regulation 38(1)(a) for “an authorised” substitute “a designated”. DEREK MACKAY A member of the Scottish Government St Andrew’s House, Edinburgh 27th April 2017
Criminal Law Citation and commencement 1 These Regulations may be cited as the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Commencement No. 2) Regulations 2017 and come into force on 3rd July 2017. Appointed day 2 3rd July 2017 is the day appointed for the coming into force of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016— a section 2 (intimate images offence); b section 3 (interpretation of section 2); and c section 4 and schedule 1 (how section 2 applies to providers of information society services). MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 31st May 2017
Insolvency Citation and commencement 1 These Regulations may be cited as the Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 and come into force on 1st May 2017. Amendment of the Bankruptcy (Scotland) Regulations 2016 2 1 The Bankruptcy (Scotland) Regulations 2016 are amended as follows. 2 For regulation 22 (conversion of foreign currency claims) substitute— 22 For the purposes of sections 48(1)(a) and 126(5) of the Act, the manner of conversion into sterling of the amount of a claim stated in foreign currency is to be at a single exchange rate for that currency determined by the trustee with reference to the exchange rates prevailing at the close of business on the date of sequestration . . 3 In schedule 1 (forms)— a in Form 1 (debtor application), in the Statement of Undertakings, in undertaking 2, for “award” substitute “application”; b in Form 13 (Statement of Undertakings), after “that” in the third line of undertaking 11, insert “date”; c in Form 26 (debtor certificate of discharge (where the Accountant in Bankruptcy is the trustee))— i for the title to the notes, for “Debtor certificate of discharge” substitute “Debtor certificate of discharge (where the Accountant in Bankruptcy is the trustee)”; and ii in the notes at the third bullet point of (1), for “district court” substitute “justice of the peace court (or a district court)”; and d in Form 27 (Debtor Certificate of Discharge (debtor to whom section 2(2) applies)), for “1985 (as amended)” substitute “2016”. Amendment of the Protected Trust Deeds (Forms) (Scotland) Regulations 2016 3 1 The Protected Trust Deeds (Forms) (Scotland) Regulations 2016 are amended as follows. 2 In the schedule— a in the list of forms to be used in connection with protected trust deeds, in column 3 of the Table, in the entry for Form 3, for “and (i)” substitute “, section 171(1)(i)”; b in Form 1B (agreement in respect of heritable property), in the third bullet point, for “if” substitute “of”; c in Form 2 (statement of claim by creditors in trust deed), in the notes, for “to so” substitute “to do so”; and d in the heading to Form 3 (trust deed protection proposal and trustee’s application) for “Section 170(1)(e) and (i)” substitute “Sections 170(1)(e), 171(1)(i)”. PAUL WHEELHOUSE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th April 2017
National Assistance Services Citation, commencement, interpretation and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 20 of the principal Regulations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 28 of the principal Regulations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence Citation and commencement 1 These Regulations may be cited as the Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017 and come into force on the day after the day on which they are made. Excepted proceedings 2 1 Section 2 of the Apologies (Scotland) Act 2016 is amended in accordance with paragraphs (2) and (3). 2 In subsection (1)— a for paragraph (a) substitute— a inquiries held under section 1 of the Inquiries Act 2005 , including inquiries which are converted under section 15 of that Act into inquiries under that Act, ; b omit the “and” following paragraph (c); and c after “proceedings” in paragraph (d) insert— , and e proceedings of a professional regulatory body listed in subsection (1A) that have as their main purpose the determination of whether or not a person meets— i that body’s requirements for registration, ii the standards or requirements for practising a profession regulated by that body . 3 After subsection (1) insert— 1A The professional regulatory bodies are— a the General Chiropractic Council, b the General Dental Council, c the General Medical Council, d the General Optical Council, e the General Osteopathic Council, f the General Pharmaceutical Council, g the Health and Care Professions Council, h the Nursing and Midwifery Council, i the Scottish Social Services Council, and j the General Teaching Council for Scotland. . ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 31st May 2017
Social Security Citation and commencement 1 These Regulations may be cited as the Welfare Reform (Consequential Amendments) (Scotland) Regulations 2017 and come into force on 1st August 2017. Amendment of the Education (School Lunches) (Scotland) Regulations 2009 2 1 The Education (School Lunches) (Scotland) Regulations 2009 are amended as follows. 2 In regulation 2 (interpretation)— a after the definition of “the 2002 Regulations” insert— “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013 ; . b after the definition of “child tax credit” insert— “couple” has the meaning given in section 39 of the Welfare Reform Act 2012 ; “earned income” means the person’s earned income within the meaning of Chapter 2 of Part 6 of the Universal Credit Regulations 2013; “single person” has the meaning given in section 1(2)(a) of the Welfare Reform Act 2012. . 3 For regulation 4A (universal credit) of the Education (School Lunches) (Scotland) Regulations 2009 substitute— Universal credit is prescribed for the purposes of section 53(3)(a)(iv) and (b)(iii) of the 1980 Act, in the following circumstances— a in the case of a parent, where the parent is in receipt of universal credit, either— i as a single person, where the single person has earned income not exceeding £610, or ii as a member of a couple, where the couple have a combined earned income not exceeding £610, or b in the case of a pupil, where the pupil is in receipt of universal credit, either— i as a single person, where the single person has earned income not exceeding £610, or ii as a member of a couple, where the couple have a combined earned income not exceeding £610, in the assessment period immediately preceding the application for a free school lunch being made. . The Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014 3 1 Article 1(2) (citation, commencement, interpretation and application) of the Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014 is amended as follows. 2 Before the definition of “parent” insert— “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013 ; “couple” has the meaning given in section 39 of the Welfare Reform Act 2012 ; “earned income” means the person’s earned income within the meaning of Chapter 2 of Part 6 of the Universal Credit Regulations 2013; “single person” has the meaning given in section 1(2)(a) of the Welfare Reform Act 2012. . 3 For sub-paragraph (i), substitute— universal credit payable under Part 1 of the Welfare Reform Act 2012, where the parent is in receipt of universal credit, either— as a single person, where the single person has earned income not exceeding £610, or as a member of a couple, where the couple have a combined earned income not exceeding £610, in the assessment period immediately preceding the application for early learning and childcare being made. . JOHN SWINNEY A member of the Scottish Government St Andrew’s House, Edinburgh 31st May 2017
Social Care Citation, commencement and interpretation 1 1 These Regulations may be cited as the Carers (Scotland) Act 2016 (Commencement No. 2 and Savings Provision) Regulations 2017 and come into force on 31st May 2017. 2 In these Regulations, “ the Act ” means the Carers (Scotland) Act 2016. Appointed days 2 1 31st May 2017 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of table 1 in the schedule (the subject matter of which is described in column 2 of table 1 in the schedule). 2 Where a purpose is specified in column 3 of table 1 in the schedule in relation to any provision specified in column 1 of table 1 in the schedule, that provision comes into force on 31st May 2017 for that purpose. 3 1 1st October 2017 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of table 2 in the schedule (the subject matter of which is described in column 2 of table 2 in the schedule). 2 Where a purpose is specified in column 3 of table 2 in the schedule in relation to any provision specified in column 1 of table 2 in the schedule, that provision comes into force on 1st October 2017 for that purpose. 4 1st April 2018 is the day appointed for the coming into force of the Act so far as not then in force. Savings provision 5 Where a person is in receipt of support under section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013 , sections 87(1) and (1A) of the Social Work (Scotland) Act 1968 are to be read as if the reference to section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013 in each of those sub-sections has not been substituted for the reference to section 24(4) of the Act. AILEEN CAMPBELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th May 2017