othertales/uklegislation huggingface dataset:
TOWN AND COUNTRY PLANNING Citation and Commencement 1 These Regulations may be cited as the Environmental Impact Assessment (Water Management) (Scotland) Regulations 2003 and shall come into force on 30th September 2003. Amendment of the Town and Country Planning (Scotland) Act 1997 2 In section 26 of the Town and Country Planning (Scotland) Act 1997– a in subsection (2), in paragraph (e), at beginning insert “subject to subsection (2A),”; b after that subsection insert– 2A Development includes the carrying out of irrigation or drainage for agriculture or of any other water management project for that purpose. . Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 3 In Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 , after Class 18 insert– Water Management 18A 1 The carrying out of irrigation or drainage for agriculture or of any other water management project for that purpose. 2 Development consisting of the erection of a building or the significant extension or significant alteration of a building is permitted by this class subject to the conditions set out in Class 18(4)(a); and development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building. . Amendment of the Environmental Impact Assessment (Scotland) Regulations 1999 4 In column 2 of the Table in Schedule 2 to the Environmental Impact Assessment (Scotland) Regulations 1999 , for the entry corresponding to the entry in column 1 which relates to water management projects for agriculture, substitute– i The project is an irrigation project involving the abstraction or diversion of water for more than 48 hours in any calendar year and the total area of agricultural land to be irrigated in any agricultural unit or any part thereof exceeds 50 hectares; ii in any other case, the area of the works exceeds one hectare; and for the purposes of this entry, “agricultural land” and “agricultural unit” have the same meaning as in Part 6 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. . Transitional provisions 5 These Regulations shall not apply to the extent that the development was, immediately before the coming into force of these Regulations, permitted under the 1997 Act. MARY MULLIGAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th June 2003
FOOD Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scope of Regulations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reserved descriptions 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labelling and description of designated products 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manner or marking or labelling 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties and enforcement 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defence in relation to exports 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of various provisions of the Food Safety Act 1990 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments and revocations 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CRIMINAL LAW Citation and commencement 1 This Order may be cited as the Drugs Courts (Scotland) Order 2003 and shall come into force on 27th June 2003. Drugs Courts 2 There shall be a drugs court within the sheriffdoms listed in the Schedule to this Order. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 5th June 2003
CRIMINAL LAW Citation and interpretation 1 1 This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 1) Order 2003. 2 In this Order “ the Act ” means the Criminal Justice (Scotland) Act 2003. Commencement 2 The provisions of the Act specified in column 1 of the Schedule to this Order and whose subject matter is specified in column 2 of that Schedule shall, in so far as they are not in force, come into force on 27th June 2003, but, where a particular purpose is also specified in relation to a provision in column 1, that provision shall come into force on that day only for that purpose. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 5th June 2003
CRIMINAL LAW Citation, commencement and interpretation 1 1 This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Saving and Transitional Provisions) Order 2003. 2 This Order shall come into force on 27th June 2003. 3 In this Order– “ the Act ” means the Criminal Justice (Scotland) Act 2003; “the 1989 Act ” means the Prisons (Scotland) Act 1989 ; and “the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 . Saving and transitional provisions 2 1 This article applies in any case where, in respect of a prisoner, the Scottish Ministers have, prior to the commencement of sections 27, 28 and 38 of the Act, received a recommendation from the Parole Board for Scotland for the purpose of section 22(1) of the 1989 Act , section 1(3) or 7(2) of the 1993 Act or following consultation under section 22(7) of the 1989 Act or section 12(3)(b) of the 1993 Act. 2 Where this article applies the provisions in paragraphs (a) and (b) below shall have the effect they had prior to amendment by section 27, 28 or 38 of the Act, as the case may be, and shall continue to do so, notwithstanding such amendment, until immediately after the Scottish Ministers have made a decision in respect of the prisoner in terms of those provisions– a sections 22(1) and (7) of the 1989 Act; and b sections 1(3), 7(2) and 12(3) of the 1993 Act. 3 In respect of section 54 of the Act, that section shall only have effect in relation to prosecutions already commenced, if, at the date of commencement of the section, there are at least 11 clear days before the commencement of the trial diet. CATHY JAMIESON A Member of the Scottish Executive St Andrew’s House, Edinburgh 5th June 2003
LOCAL GOVERNMENT Citation, commencement and interpretation 1 1 These Regulations may be cited as the Accountability of Local Authorities (Publication of Information about Finance and Performance) (Scotland) Regulations 2003 and shall come into force on 30th June 2003. 2 In these Regulations “the 2003 Act ” means the Local Government in Scotland Act 2003. Reporting under Section 13 of the 2003 Act 2 The information which is to be provided under section 1 of the Local Government Act 1992 is to be included in that which is to be reported to the public by a local authority under section 13(1) of the 2003 Act. Requirements in relation to publication of information 3 1 Any report made by a local authority under section 13(1) of the 2003 Act shall be published by the local authority in such forms and by such means as to make it readily accessible to members of the public within the area of that local authority. 2 When a local authority makes a report under section 13(1) of the 2003 Act it shall advertise the availability of that report in a manner which effectively raises public awareness within its area of the availability of that report. TAVISH SCOTT Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th June 2003
EDUCATION Citation, commencement and extent 1 1 These Regulations may be cited as the Education (Student Loans) Amendment (Scotland) Regulations 2003 and shall come into force on 1st August 2003. 2 These Regulations extend to Scotland and, in so far as they extend beyond Scotland, they do so only as a matter of Scots Law . Amendment of Regulations 2 The Education (Student Loans) Regulations 1998 shall be amended as follows. 3 In regulation 6(1) to (4) for each of the figures in the first column below wherever it appears there shall be substituted the corresponding figure in the second column below: First column Second column £ £ 1,075 1,100 1,725 1,765 1,465 1,500 2,365 2,420 1,400 1,430 1,915 1,960 JAMES R WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 4th June 2003
ENERGY CONSERVATION Citation, commencement and extent 1 1 These Regulations may be cited as the Home Energy Efficiency Scheme Amendment (Scotland) Regulations 2003 and shall come into force on 1st August 2003. 2 These Regulations extend to Scotland only. Amendment of Principal Regulations– 2 1 The Home Energy Efficiency Scheme Regulations 1997 shall be amended as follows. 2 In Regulation 4 (persons who may apply for grant)– a in paragraph (1), after sub paragraph (b) add the following sub-paragraphs:– c is, or lives with a spouse who is, in receipt of a benefit to which paragraph (2) applies and who is, or lives with a spouse who is, a pregnant woman in respect of whom a maternity certificate (as provided for in regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976 and regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987 ) has been given in relation to that pregnancy; or d is, or lives with a spouse who is, in receipt of child tax credit or working tax credit (as provided for in Parts 1 and 3 of the Tax Credits Act 2002 ) and has a relevant income of less than £14,200 and for these purposes “relevant income” has the same meaning as in Part 1 of that Act; ; b in paragraph (2)(b) for the words “a disability working allowance” substitute “disabled persons' tax credit”. MARY MULLIGAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th June 2003
FOOD Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences and penalties 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sampling, analysis and modification of section 29 of the Act 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defence in relation to exports 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of various sections of the Act 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Re dispatch or destruction of illegal imports 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential Amendments 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROAD TRAFFIC Citation and commencement 1 1 These Regulations may be cited as the Road User Charging (Classes of Motor Vehicles) (Scotland) Regulations 2003 and shall come into force on 1st July 2003. 2 In these Regulations any reference to a numbered class shall be construed as a reference to the class bearing that number in the Schedule to these Regulations. Classes of motor vehicles 2 1 Subject to paragraphs (2) and (3), the classes of motor vehicles listed in Parts II to V of the Schedule to these Regulations are hereby described for the purposes of section 67(2) of the Transport (Scotland) Act 2001 (road user charging). 2 Classes 15 to 18 are not so described in the case of any charging scheme which specifies charges for any motor vehicle in classes 19 to 24. 3 Classes 25 to 30 are not so described in the case of any charging scheme which specifies charges for any motor vehicle in classes 31 to 36. NICOL STEPHEN A member of the Scottish Executive St Andrew’s House, Edinburgh 5th June 2003
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 These regulations may be cited as the Landfill (Scotland) Amendment Regulations 2003 and shall come into force on the day after the day on which they are made. 2 These Regulations extend to Scotland only. Amendment of the Landfill (Scotland) Regulations 2003 2 The Landfill (Scotland) Regulations 2003 are amended as follows. 3 In regulation 2(1) (interpretation)– a after the definition of “biodegradable waste” there is inserted– “European Waste Catalogue” means the list of wastes pursuant to Article 1(a) of the Waste Framework Directive and Article 1(4) of Directive 91/689/ EEC on hazardous waste set out in Commission Decision 2000/532/EC ;”; for the definition of “waste” there is substituted ““waste” has the meaning given by Article 1(a) of the Waste Framework Directive and includes substances or categories of substances listed in the European Waste Catalogue;”; and after the definition of “waste” there is inserted ““Waste Framework Directive” means Directive 75/442/EEC on waste ;”. 4 In regulation 19 (offences) for paragraph (3) there is substituted– 3 where an offence under this regulation committed– a by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who– i is a director, manager or secretary of the body corporate; or ii purports to act in any such capacity; or b by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who– i is a partner; or ii purports to act in that capacity, that person as well as the body corporate or Scottish partnership is guilty of the offence and is liable to be proceeded against and punished accordingly. . 5 In Schedule 6 in paragraph 3(14)(a) for “paragraph 1(9)” there is substituted “paragraph 1(6)”. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 30th June 2003
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) (No. 2) Order 2003, and shall come into force on 27th June 2003. Devolved public bodies 2 1 The Ethical Standards in Public Life etc. (Scotland) Act 2000 shall be amended in accordance with the provisions in paragraph (2). 2 In Schedule 3 for “Health Education Board for Scotland” substitute “ NHS Health Scotland”. TAVISH SCOTT Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th June 2003
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Standards Commission for Scotland) 2003, and shall come into force on 4th July 2003. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of the Summary Application Rules 2 1 The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with paragraph (2). 2 In Chapter 3 (rules on applications under specific statutes), after Part XXII (Anti-social Behaviour Orders) , insert– PART XXIII ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 Application 3.23.1 This Part applies to appeals to the sheriff principal under sections 22 (appeals from commission) or 26 (appeals by water industry commissioner) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 . Appeals 3.23.2 1 An appeal under this Part shall be made by summary application. 2 A summary application made under paragraph (1) shall include grounds of appeal stating– a which of the findings of, or sanction or suspension imposed by, the Standards Commission for Scotland is being appealed; b reasons why the appeal should be allowed; and c the date of the sending of that finding, or imposition of that sanction or suspension, and shall be accompanied by a copy of that finding, sanction or suspension. Warrant and form of citation 3.23.3 1 A warrant for citation in an appeal under this Part shall be in Form 2A, or a form as near thereto as circumstances permit, and shall state– a the date by which answers should be lodged; and b the date and time when the appeal will call. 2 Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A, or a form as near thereto as circumstances permit. 3 Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the appellant. . W DOUGLAS CULLEN Lord President I.P.D. Edinburgh, 1st July 2003
AGRICULTURE Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Feeding Stuffs (Enforcement) Regulations 1999 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ADULTS WITH INCAPACITY Citation 1 This Order may be cited as the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 4) Order 2003. Commencement 2 1 Sections 37(2) and (9), 39(3) and 41(d) of the Adults with Incapacity (Scotland) Act 2000 shall so far as not already in force come into force on 29th May 2003 but only for the purpose of making regulations. 2 The following provisions of the Adults with Incapacity (Scotland) Act 2000 shall come into force on 1st October 2003:– a Part 4 (management of residents' finances) insofar as not already in force; b schedule 1 (managers of an establishment); c section 88(1) and schedule 4 but only for the purpose of bringing paragraph 5 of that schedule into force; d section 88(2) and schedule 5 (minor and consequential amendments) but only for the purpose of bringing paragraph 17(23) of that schedule into force; and e section 88(3) and schedule 6 (repeals) but only for the purpose of bringing into force the repeal in section 5(2) and of section 94 of the Mental Health (Scotland) Act 1984 . MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 28th May 2003
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 This Order may be cited as the Litter (Fixed Penalty) (Scotland) Order 2003 and shall come into force on 1st July 2003. 2 This Order extends to Scotland only. Amount of fixed penalty 2 For the amount of £25 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990 there shall be substituted the amount of £50. Revocation 3 The Litter (Fixed Penalty) Order 1996 is revoked. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd June 2003
ADULTS WITH INCAPACITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Adults with Incapacity (Management of Residents' Finances) (No. 2) (Scotland) Regulations 2003 and shall come into force on 1st October 2003. 2 In these Regulations “ the Act ” means the Adults with Incapacity (Scotland) Act 2000. Certificate of incapacity of managing affairs 2 The certificate issued by a medical practitioner under section 37(2) of the Act (certificate of incapacity of managing affairs) shall be in the form set out in Schedule 1 to these Regulations. Evidence to be taken into account under section 37(8) of the Act 3 1 The evidence which the supervisory body shall take into account in reaching a decision under section 37(8) of the Act (as to whether a direction should be given authorising the managers of an authorised establishment to dispense with certain matters) shall be the evidence provided in two certificates, each signed by a medical practitioner certifying as to whether or not, in the opinion of that medical practitioner, it would pose a serious risk to the health of the resident for the resident to be– a notified that the resident is to be examined under section 37(2) of the Act; b sent a copy of the certificate issued by a medical practitioner under that section (certificate of incapacity of managing affairs); or c notified that the managers of the authorised establishment intend to manage the resident’s affairs. 2 A certificate granted under paragraph (1) shall be in the form set out in Schedule 2 to these Regulations. 3 Each certificate under paragraph (1) shall be prepared and signed by a medical practitioner who has examined the resident outwith the presence of the other medical practitioner. 4 Section 37(6) applies to a medical practitioner who certifies under paragraph (1) as it applies to a medical practitioner who certifies under section 37. 5 In any case in which the resident’s incapacity is wholly or partly by reason of mental disorder, at least one of the certificates under paragraph (1) shall be signed by a medical practitioner who is a practitioner approved for the purposes of section 20 of the Mental Health (Scotland) Act 1984 as having special experience in the diagnosis or treatment of mental disorder. Value of matter for the purposes of section 39(3) of the Act 4 The value which is prescribed for the purposes of section 39(3) (which prevents the managers of an authorised establishment from managing, without the consent of the supervisory body, any matter if its value is greater than that which is prescribed) is– a £100 in the case of any matter which consists of a disposal under section 39(1)(d) (disposal of moveable property other than money) irrespective of the number of items of moveable property comprised in the disposal; and b £10,000 in the case of any other matter. Placing funds to earn interest 5 For the purpose of section 41(d) of the Act (investment for interest of funds held), the sum which is prescribed is £500. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 29th May 2003