othertales/uklegislation huggingface dataset:
Licences And Licensing Citation and commencement 1 These Regulations may be cited as the Civic Government (Scotland) Act 1982 (Metal Dealers and Itinerant Metal Dealers) (Verification of Name and Address) Regulations 2016 and come into force on 1st September 2016. Means of verification 2 1 For the purposes of section 33C of the Civic Government (Scotland) Act 1982 the means by which a person’s name and address may be verified is for the metal dealer or itinerant metal dealer (“the dealer”) to refer to— a a document listed in paragraph (2) which bears the person’s name, photograph and residential address; or b i a document listed in paragraph (2) which bears the person’s full name, photograph and date of birth; and ii a document listed in paragraph (3) which bears the person’s full name and residential address. 2 The documents for the purposes of paragraph (1)(a) or (b)(i) are— a a valid United Kingdom passport; b a valid passport issued by an EEA state; c a valid Great Britain or Northern Ireland photo-card driving licence; and d a valid biometric immigration document . 3 The documents for the purposes of paragraph (1)(b)(ii) are— a a bank or building society statement; b a credit or debit card statement; c a council tax bill or statement where the person’s address is in England, Wales or Scotland; d a rate bill or statement where the person’s address is in Northern Ireland; and e a utility bill, but not a mobile telephone bill, provided that the date on which the document was issued is not more than three months before the date the metal is acquired by the dealer or not more than three months before the date the metal is disposed of by sale or exchange by the dealer. 4 In this regulation— “biometric immigration document” means a biometric immigration document issued in accordance with the Immigration (Biometric Registration) Regulations 2008 ; “driving licence” means a licence granted under— Part 3 of the Road Traffic Act 1988 ; or the Road Traffic (Northern Ireland) Order 1981 ; and includes a provisional licence, a Counterpart Community licence and a British external licence within the meaning of those enactments; “EEA State” means— a state which is a member State of the EU; or any other state which is a party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993; and “United Kingdom passport” has the meaning given in section 33(1) of the Immigration Act 1971 . MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 2nd February 2016
Seeds Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees for matters set out in Schedule 1 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees for matters set out in Schedule 2 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bankruptcy Citation and commencement 1 This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2016 and comes into force on 9th March 2016. Interpretation 2 1 In this Order, “the 1985 Act ” means the Bankruptcy (Scotland) Act 1985 . 2 This Order is to be construed in accordance with section 73 (interpretation) of the 1985 Act . Consequential amendments to the Bankruptcy (Scotland) Act 1985 3 1 In section 7(2)(b) of the 1985 Act (continuation of apparent insolvency) after “(c)” insert “, (ca), (cb), (cc)”. 2 In section 7(4) of the 1985 Act (apparent insolvency of entities which cannot be sequestrated under the 1985 Act) omit “paragraph (a) or (b) of”. Sequestration before 1st April 2015 4 Nothing in this Order affects the operation of section 7 of the 1985 Act in relation to a sequestration in respect of which— a the petition was presented before 1st April 2015; or b a debtor application was made before that date. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd March 2016
Rating And Valuation Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount payable as rates – lands and heritages with rateable value of £18,000 or less 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount payable as rates – lands and heritages with rateable value of more than £35,000 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions and discretionary reductions and remissions 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation of the 2014 Regulations and the 2015 Regulations 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions Citation, commencement and effect 1 1 These Regulations may be cited as the Teachers’ Superannuation and Pension Scheme (Scotland) Amendment Regulations 2016. 2 These Regulations come into force on 1st April 2016 and, with the exception of regulation 7, have effect from 1st April 2015. Amendment of the Teachers’ Superannuation (Scotland) Regulations 2005 2 The Teachers’ Superannuation (Scotland) Regulations 2005 are amended in accordance with regulations 3 to 8. 3 In paragraph (2) of regulation C3 (ordinary contributions), for the words from “The percentage rate” to “salary for that month.”, substitute— For each of a teacher’s pensionable employments, the teacher must pay contributions on the teacher’s contributable salary in that employment at the rate in column 2 of the table which corresponds to the band for the teacher’s annual salary in that employment in column 1. . 4 In paragraph (1)(b) of regulation C11 (return of contributions), for “G17 and G23” substitute “G17 or G23”. 5 In paragraph (4)(d) of regulation E30 (entitlement to long-term family benefits), for “G8(2), G13(2), G20(2) or G24(3)” substitute “G9, G14, G21 or G24”. 6 In paragraph (3) of regulation G24 (acceptance of bulk transfer values), for “Part 2” substitute “Part 3”. 7 For paragraph (3) of regulation H3 (employers’ contributions), substitute— 3 The required percentage is— a 17.2%; or b such other percentage as is determined in each successive valuation report under paragraph 1 of Schedule 4 to the Teachers’ Pension Scheme (Scotland) ( No. 2) Regulations 2014 with effect from a date to be notified to employers by the Scottish Ministers. . 8 In paragraph 6 of Schedule 2 (pensionable employment), for “Scottish Further Education Unit” substitute “College Development Network”. Amendment of the Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014 9 In paragraph 9(1) of Schedule 3 (transitional provisions) to the Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014 , for “(1) or (2)” substitute “(1A) or (1B)”. JOHN SWINNEY A member of the Scottish Government St Andrew’s House, Edinburgh 14th January 2016 We consent GEORGE HOLLINGBERY CHARLIE ELPHICKE Two of the Lords Commissioners of Her Majesty’s Treasury 28th January 2016
Building And Buildings Citation, commencement and application 1 1 These Regulations may be cited as the Building (Scotland) Amendment Regulations 2016 and come into force on 1st July 2016. 2 These Regulations apply to building work in respect of which an application for a building warrant is made to a verifier after 31st December 2016. Amendment of the Building (Scotland) Regulations 2004 2 1 The Building (Scotland) Regulations 2004 are amended in accordance with paragraphs (2) and (3). 2 In Schedule 5 (building standards applicable to design and construction) , after paragraph 4.13 (security) insert— In-building physical infrastructure for high-speed electronic communications networks 4.14 Every building and building unit must be designed and constructed in such a way that— a a high-speed ready in-building physical infrastructure up to a network termination point for high-speed electronic communications network is provided; and b in the case of a building which contains more than one building unit, a common access point for high-speed electronic communications networks is provided. Limitation This standard does not apply to— a alterations or extensions to buildings that do not include major renovation works; or b buildings having an area not exceeding 30 square metres, ancillary to and within the curtilage of a dwelling. Interpretation of this standard In this standard— “access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure is made available; “building unit” means a part of a building which is designed or altered to be used separately; “high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps; “high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks; “in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point; “major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it; and “network termination point” means a physical point located inside or outside the building at which an occupier is provided with access to high-speed electronic communications networks. 3 In Schedule 6 (building standards applicable to conversions) , in paragraph 2(d) after “4.10” insert “, 4.14”. MARCO BIAGI Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd February 2016
Investigatory Powers Citation, commencement and interpretation 1 1 This Order may be cited as the Regulation of Investigatory Powers (Prescription of Ranks and Positions) (Scotland) Order 2016 and comes into force on 7th March 2016. 2 In this Order— “relevant public authority” means the Scottish Administration. Prescription of ranks and positions 2 This Order prescribes the following ranks and positions within the relevant public authority, for the purposes of section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 2000— a the head of the Scottish Food Crime and Incidents Unit in Food Standards Scotland ; and b all ranks and positions within Food Standards Scotland senior to that prescribed in paragraph (2)(a). MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 27th January 2016
National Health Service Citation and commencement 1 These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2016 and come into force on 1st April 2016. Amendment of the Personal Injuries (NHS Charges) (Amounts) (Scotland) Regulations 2006 2 1 The Personal Injuries (NHS Charges) (Amounts) (Scotland) Regulations 2006 are amended as follows. 2 In regulation 2H(1) (amount of NHS charges – injuries occurring on or after 1st April 2015), after “1st April 2015” insert “and before 1st April 2016”. 3 After regulation 2H insert— Amount of NHS charges – injuries occurring on or after 1st April 2016 2I 1 Subject to the following paragraphs of this regulation and regulations 3 and 3A, a certificate relating to an injury which occurs on or after 1st April 2016 shall, for the purpose of section 153(2), specify— a the sum of £201 for each occasion on which, as a result of an injury, the injured person was provided with NHS ambulance services for the purpose of taking the injured person to a hospital for NHS treatment; and b where the injured person received NHS treatment at a hospital in respect of the injury, either— i if the injured person was not admitted to hospital, the sum of £665; or ii if the injured person was admitted to hospital, the sum of £817 for each day or part day of admission. 2 For the purposes of paragraph (1)(a), the reference to taking an injured person to a hospital includes taking that person from one hospital to another. 3 Where the injured person was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (1)(b)(ii). 4 The amount which a certificate may specify under paragraph (1)(a) or (1)(b), or both, must not exceed £48,849 (“the maximum”). 5 Where— a amounts fall to be specified under both paragraph (1)(a) and paragraph (1)(b); and b the aggregate of those amounts would exceed the maximum, the amount to be specified under paragraph (1)(b) is to be reduced by the difference between the maximum and the aggregate of those amounts. . 4 In regulation 3(2) (amount of NHS charges: further provision), for “or 2H” substitute “, 2H or 2I”. 5 In regulation 6 (adjustment of amounts where certificates are issued by the Scottish Ministers and the Secretary of State)— a in paragraph (1)(b), for “or 2H(4)” substitute “, 2H(4) or 2I(4)”; and b in paragraph (2)(a), for “or 2H(4) and (5)” substitute “, 2H(4) and (5) or 2I(4) and (5)”. SHONA ROBISON A member of the Scottish Government St Andrew’s House, Edinburgh 26th January 2016
Water Industry Citation, commencement and interpretation 1 1 This Order may be cited as the Water and Sewerage Services Licences (Cross-Border Applications) (Scotland) Order 2016 and comes into force on 1st April 2016. 2 In this Order— “the 1991 Act ” means the Water Industry Act 1991 ; “1991 Act application” means an application under section 17F of the 1991 Act (procedure for granting licences) for the grant of a water supply licence or a sewerage licence; “the 2005 Act ” means the Water Services etc. (Scotland) Act 2005; “ the Authority ” means the Water Services Regulation Authority; and “ the Commission ” means the Water Industry Commission for Scotland. Applications forwarded by the Water Services Regulation Authority 2 1 If the conditions in paragraph (2) are satisfied, the Commission must treat— a an application under section 17F of the 1991 Act for the grant of a water supply licence giving a retail authorisation or a restricted retail authorisation as being also an application under paragraph 1 of schedule 2 to the 2005 Act for the grant of a water services licence; and b an application under section 17F of the 1991 Act for the grant of a sewerage licence giving a retail authorisation as being also an application under paragraph 1 of schedule 2 to the 2005 Act for the grant of a sewerage services licence. 2 The conditions are that— a the applicant has requested that the Authority forwards a copy of the 1991 Act application to the Commission under section 17FB of the 1991 Act (applications forwarded to the Water Industry Commission for Scotland); b the Authority has so forwarded a copy of the 1991 Act application to the Commission and the Commission has received that copy; c the Commission is satisfied that the forwarded 1991 Act application includes, or is accompanied by, sufficient information to enable the Commission to treat it as an application under paragraph 1 of schedule 2 to the 2005 Act; and d the forwarded 1991 Act application is accompanied by a fee of the amount (if any) payable in relation to an application for a water services licence or sewerage services licence or both, as the case may be, under a fees scheme approved by the Scottish Ministers under section 9(7) of the 2005 Act (fees relating to licences), subject to paragraph (3). 3 The condition in paragraph (2)(d) does not apply where the Commission has agreed that the fee may be paid by an alternative arrangement. KEITH BROWN A member of the Scottish Government St Andrew’s House, Edinburgh 26th January 2016
Sea Fisheries Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed minimum size for landing velvet crabs in the Orkney Islands 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed minimum size for landing lobsters in the Orkney Islands 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed minimum size for landing green crabs in the Orkney Islands 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on landing berried velvet crabs caught in specified waters 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Procurement Citation, commencement and extent 1 These Regulations may be cited as the Public Contracts (Scotland) Amendment Regulations 2016 and come into force on 18th April 2016. Amendment of the Public Contracts Regulations 2 1 The Public Contracts (Scotland) Regulations 2015 are amended as follows. 2 In regulation 1 (citation, commencement and extent) for paragraph (3) substitute— 3 Regulation 23(1) to (7) (rules applicable to communication) comes into force— a for the purposes of regulations 35 (dynamic purchasing systems), 36 (electronic auctions), 37 (electronic catalogues), 52(1) (form and manner of sending notices for publication at EU level) and 54 (electronic availability of procurement documents) on 18th April 2016; b for the purpose of regulation 38(6) (centralised purchasing activities and central purchasing bodies) on 18th April 2017; and c for all other purposes on 18th October 2018. . 3 In regulation 2(1) (interpretation) in the definition of “central government authority” for “authorities” substitute “contracting authorities”. 4 In regulation 4 (mixed procurement)— a in paragraph (5) for “paragraph (5)(a)” substitute “paragraph (4)(a)”; and b in paragraphs (6) and (7) for “paragraph (5)(b)” substitute “paragraph (4)(b)”. 5 In regulation 15 (specific situations: research and development services) for “74320000-2” substitute “73420000-2”. 6 In regulation 38(1) (centralised purchasing activities and central purchasing bodies) for “the centralised purchasing activity referred to in paragraph (9)(a)” substitute “a centralised purchasing activity”. 7 In regulation 85(3) (notices of decisions to award a contract or conclude a framework agreement)— a in sub-paragraph (a) for “regulation 43(11) (technical specifications)” substitute “regulation 43(14) (technical specifications)”; and b in sub-paragraph (b) for “regulation 43(10) (technical specifications)” substitute “regulation 43(13) (technical specifications)”. 8 In regulation 91(2) (ineffectiveness orders) for “paragraph (10)(b)” substitute “regulation 92(1)(b) (powers of the court)”. 9 In regulation 99(5) (transitional provision and saving where utilities procurement procedures commenced before 18th April 2016), in the definition of “the Utilities amendments”, for “paragraph 9 of Schedule 6” substitute “paragraph 8 of Schedule 6”. 10 In paragraph 10(2) of Schedule 6 (modifications to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013)— a in the substituted paragraph 10(1)(b) of Schedule 3 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 (“ 2013 Order ”) for “regulation 80” substitute “regulation 79”; and b in the substituted paragraph 10(2) of Schedule 3 to the 2013 Order for “regulations 58 and 80” substitute “regulations 58 and 79”. KEITH BROWN A member of the Scottish Government St Andrew’s House, Edinburgh 26th January 2016
Criminal Law Citation and Commencement 1 This Order may be cited as the Scottish Sentencing Council (Submission of Business Plan) Order 2016 and comes into force on 7th March 2016 Day for Submission of Business Plan 2 The submission day for the purposes of section 12(2)(a) of the Criminal Justice and Licensing (Scotland) Act 2010 is 26th September 2016. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 27th January 2016
Children And Young Persons Citation and commencement 1 These Regulations may be cited as the Secure Accommodation (Scotland) Amendment Regulations 2016 and come into force on 1st February 2016. Application 2 These Regulations apply to a decision mentioned in section 44A(1) of the Criminal Procedure (Scotland) Act 1995 where that decision is made on or after the date on which these Regulations come into force. Appeal against decision to detain a child in secure accommodation 3 After regulation 11 of the Secure Accommodation (Scotland) Regulations 2013 insert— Appeal against decision to detain a child in secure accommodation 11A 1 This regulation applies where an appeal under section 44A (appeal against detention in secure accommodation) of the Criminal Procedure Act is made. 2 The appeal must be— a made before the expiry of 21 days beginning with the day on which the determination is made under regulation 11(2); and b heard and disposed of before the expiry of the period of 3 days beginning on the day after the day on which the appeal is made. 3 The sheriff may hear evidence before determining the appeal. 4 The sheriff may hear evidence from— a the child; b each relevant person in respect of the child; c the chief social work officer; d any other person who the sheriff considers may give additional material evidence. 5 Before determining the appeal the sheriff must, so far as practicable and taking account of the age and maturity of the child— a give the child an opportunity to indicate whether they wish to express any views; b if the child wishes to do so, give them an opportunity to express their views; and c have regard to any views expressed. 6 Without prejudice to the generality of paragraph (5), a child who is aged 12 or over is presumed to be of sufficient age and maturity to form a view for the purposes of that paragraph. 7 The sheriff may require any person to give a report to the sheriff for the purpose of assisting the sheriff in determining the appeal. . AILEEN CAMPBELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th January 2016
Environmental Protection Citation and commencement 1 This Order may be cited as the Dog Fouling (Fixed Penalty) (Scotland) Order 2016 and comes into force on 1st April 2016. Amount of fixed penalty for dog fouling 2 For the purposes of section 9 of the Dog Fouling (Scotland) Act 2003 (amount of fixed penalty), the percentage prescribed for the fixed penalty is 40 per cent of level 1 on the standard scale. Application 3 Article 2 applies to fixed penalty notices issued under section 5 of the Dog Fouling (Scotland) Act 2003 on or after 1st April 2016. PAUL WHEELHOUSE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th January 2016