othertales/uklegislation huggingface dataset:
Housing Citation and commencement 1 This Order may be cited as the Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012 and comes into force on 1st August 2012. Maximum period 2 1 The maximum period prescribed for the purposes of section 16(5A)(c) of the Housing (Scotland) Act 2001 (powers of court in possession proceedings) is 6 months from the date when the decree (in respect of an order made under section 16(2) of that Act) is extracted. 2 Where an appeal is lodged after the decree is extracted and an order for recovery of possession is subsequently upheld the prescribed maximum period is 6 months from the date of the interlocutor of the court disposing of the appeal. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th April 2012
Wildlife Citation, commencement and extent 1 This Order may be cited as the Snares (Training) (Scotland) Order 2012 and comes into force on 4th June 2012. Interpretation 2 In this Order— a “ 1981 Act ” means the Wildlife and Countryside Act 1981; b “approved body” means a person or body specified in the Schedule; and c “trained” means trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control for the purposes of section 11A(4) of the 1981 Act. Training certificates 3 1 A person is trained when that person holds a training certificate issued in accordance with paragraphs (2) and (3). 2 The training certificate is issued by an approved body. 3 The training certificate is issued to a person who the approved body determines (by examination or otherwise) is competent to— a select an appropriate location for a snare to be set; b set a snare in accordance with the law; c identify and remedy defects in the setting and use of a snare; and d set a snare in such a manner, and in such a place, that it is reasonable to expect that— i use of the snare is consistent with animal welfare; and ii the setting of the snare is an appropriate method of predator control. 4 The approved body may have regard to training undertaken, or qualifications obtained, by the person before the coming into force of this Order when making a determination of competence for the purposes of paragraph (3). 5 Where an approved body, having made a determination of competence in relation to the matters set out in paragraph (3), issued a training certificate on or after 1st May 2010 and before the coming into force of this Order, that training certificate is deemed to be a training certificate issued in accordance with paragraphs (2) and (3). STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd April 2012
Education Citation and commencement 1 These Regulations may be cited as the Individual Learning Account (Scotland) Amendment Regulations 2012 and come into force on 1st July 2012. Amendment of the Individual Learning Account (Scotland) Regulations 2011 2 1 The Individual Learning Account (Scotland) Regulations 2011 are amended as follows. 2 In regulation 3 (qualifying persons (learning account holders))— a in paragraph (1)(b), for “(2) to (4) and (6)” substitute “(2), (3), (4), (5A), (5B), (5C), (5D) and (6)”; and b after paragraph (5) insert— 5A The condition in this paragraph is that the person is not undertaking secondary education within the meaning of section 135(2)(b) of the Education (Scotland) Act 1980 . 5B The condition in this paragraph is that the person does not hold a first degree or a postgraduate qualification from an educational institution in the United Kingdom or a qualification comparable to a first degree or a postgraduate qualification from an educational institution outside the United Kingdom. 5C The condition in this paragraph is that the person is not undertaking— a a course of further education (that is to say education provided by means of a course of any description mentioned in section 6(1) of the Further and Higher Education (Scotland) Act 1992 ); or b a course of higher education (that is to say education provided by means of a course of any description mentioned in section 38(2) of that Act). 5D The condition in this paragraph is that the person is not participating in a national training programme secured by The Skills Development Scotland Co. Limited. . 3 In regulation 4(6)(a) (registration (learning account holders)), for “(2) to (4) and (6)” substitute “(2), (3), (4), (5A), (5B), (5C), (5D) and (6)”. 4 In regulation 10(2) (education and training for which grant can be paid), sub-paragraphs (a) and (b) are deleted. 5 In regulation 12(3)(b)(ii) (grant: supplementary provision), for “(2) to (4) and (6)” substitute “(2), (3), (4), (5A), (5B), (5C), (5D) and (6)”. Savings and transitional provision 3 Any payments which are due to a Learning Account Holder in terms of the Individual Learning Account (Scotland) Regulations 2011 immediately prior to the coming into force of these Regulations continue to be payable for the remainder of the Account Holder’s Year. ANGELA CONSTANCE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th May 2012
Sports Grounds And Sporting Events Citation and commencement 1 This Order may be cited as the Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2012 and comes into force on 23rd June 2012. Amendment of the Sports Grounds and Sporting Events (Designation) (Scotland) Order 2010 2 1 The Sports Grounds and Sporting Events (Designation) (Scotland) Order 2010 is amended as follows. 2 In Schedule 1 (sports grounds)— a omit the following entries— Almondvale Stadium Livingston Forthbank Stadium Stirling New Bayview Park Methil; b insert the following entries at the appropriate places— Bayview Stadium Methil The Braidwood Motor Company Stadium Livingston Doubletree Dunblane Stadium Stirling; and c after “Victoria Park” where it second appears, insert “Stadium”. 3 After paragraph 6 of Part I of Schedule 2 (classes of sporting events), insert— 7 Association football matches in Scotland where the match is part of the Games of the Thirtieth Olympiad which take place in 2012. . SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd May 2012
Wildlife Citation and commencement 1 This Order may be cited as the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 3) Order 2012 and comes into force on 1st May 2012. Appointed day 2 1st May 2012 is the day appointed for the coming into force of the following provisions of the Wildlife and Natural Environment (Scotland) Act 2011:— a Section 14 as follows:— i subsection (2)(a), so far as is necessary to enable the Scottish Ministers to make provision by order under section 14(1)(a)(ii), 14(2B), 14(2C) and 14(2D) of the 1981 Act; ii subsection (3), so far as is necessary to enable the Scottish Ministers to make provision by order under section 14ZC(1) and (2) of the 1981 Act; and iii subsection (5), so far as is necessary to enable the Scottish Ministers to make provision by order under section 14B(1), (2), (3) and (4) of the 1981 Act; and b Section 17 as follows:— i subsection (6)(b)(ii) and (iii) so far as it inserts reference to section 14, 14ZC and 14B; and ii subsection (6)(c), so far as it relates to orders under section 14 and 14ZC. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th April 2012
Housing Citation and commencement 1 This Order may be cited as the Housing Support Grant (Scotland) Order 2012 and comes into force on 1st April 2012. Aggregate amount of grants for 2012-2013 2 The aggregate amount of the housing support grants for the year 2012‑2013 is £760,950. Grants for 2012-2013 3 1 The proportion of the aggregate amount of the housing support grants for the year 2012‑2013 payable to Shetland Islands Council is all of the aggregate amount. 2 The method by which that proportion has been determined is set out in the Schedule. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th March 2012
Public Procurement Citation, commencement, interpretation and extent 1 1 These Regulations may be cited as the Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2012 and come into force on the 1st May 2012. 2 In these Regulations— a “ Public Contracts Regulations ” means the Public Contracts (Scotland) Regulations 2012 ; and b “ Utilities Contracts Regulations ” means the Utilities Contracts (Scotland) Regulations 2012 . 3 These Regulations extend to Scotland only. Amendment of the Public Contracts Regulations 2 1 The Public Contracts Regulations are amended as follows. 2 In Schedule 1 ( GPA Annex 1 Contracting Authorities)— a for “Scotland, General Register Office” substitute “Scotland, National Records of Scotland”; b for “Crofters Commission” substitute “Crofting Commission”; c after the entry for “Scottish Law Commission” insert “Common Services Agency”; d for “Special Health Boards constituted under section 2 of the National Health Service (Scotland) Act 1978 ” substitute “Health Boards and Special Health Boards constituted under section 2 of the National Health Service (Scotland) Act 1978”; e before the entry for “the Office of the Accountant of Court” insert “Health Improvement Scotland”; and f omit “Scottish Record Office”. Amendment of the Utilities Contracts Regulations 3 1 The Utilities Contracts Regulations are amended as follows. 2 In Schedule 5 (Consequential Amendments and Revocations)— a in Part A, in the entry regarding S.S.I. 2008/376 , in column 3, for “the Public Contracts (Scotland) Regulations 2006”, substitute “the Utilities Contracts (Scotland) Regulations 2006”; and b in Part B, in the entry regarding S.I. 2011/1848 , in column 3, after “the Utilities Contracts (Scotland) Regulations” where it first appears, insert “2006”. ALEX NEIL A member of the Scottish Executive St Andrew’s House, Edinburgh 28th March 2012
Fire Services Citation and commencement 1 1 This Order may be cited as the Firefighters’ Pension Scheme (Scotland) Amendment Order 2012. 2 This Order comes into force on 1st April 2012. Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007 2 Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007 (in which the New Firefighters’ Pension Scheme (Scotland) is set out) is amended in accordance with articles 3 and 4 of this Order. 3 In Chapter 1 of Part 11 (pensionable pay, pension contributions and purchase of additional service), in rule 3(1) (pension contributions) for “8.5% of the firefighter member’s pensionable pay for the time being” substitute “the firefighter member’s pensionable pay for the time being, specified in the Table in Annex A1”. 4 After Part 14 insert— Annex A1 Pensions Contributions 1 The rate of the pension contribution mentioned in rule 3(1) of Part 11 is that specified in the Table below by reference to the amount of the pensionable pay of the firefighter member in the first column of the Table. 2 The amount of pensionable pay of a retained or volunteer firefighter for the purpose of the first column of the Table shall be that firefighter’s reference pay. 3 The amount of pensionable pay of a part-time regular firefighter for the purpose of the first column of the Table shall be the amount of pensionable pay of a whole-time regular firefighter of equivalent role and length of service. 4 Where there has been a permanent material change to the terms and conditions of a firefighter member’s employment which affects pensionable pay, from the date of that change pensionable pay shall be calculated by reference to the revised amount. 5 Pensionable pay in the first column of the Table below does not include payments made to a regular firefighter by the fire and rescue authority in respect of continual professional development, but those payments will be included in pensionable pay for the purposes of the application of the rate specified in the second column. Pensionable pay Contribution rate from 1st April 2012 Up to and including £15,000 8.5% of pensionable pay More than £15,000 and up to and including £30,000 8.8% of pensionable pay More than £30,000 and up to and including £40,000 8.9% of pensionable pay More than £40,000 and up to and including £50,000 9.0% of pensionable pay More than £50,000 and up to and including £60,000 9.1% of pensionable pay More than £60,000 and up to and including £100,000 9.3% of pensionable pay More than £100,000 and up to and including £120,000 9.5% of pensionable pay More than £120,000 9.7% of pensionable pay . JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 29th March 2012
Social Care Citation and commencement 1 These Regulations may be cited as the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2012 and come into force on 1st April 2012. Amendment of the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 2 1 The Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 are amended as follows. 2 In regulation 2 (accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003)— a in paragraph (a), for “£159” substitute “£163”; and b in paragraph (b), for “£72” substitute “£74”. Revocations 3 The following Regulations are revoked— a the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2008 ; b the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2009 ; c the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2010 ; and d the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2011 . NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 28th March 2012
Town And Country Planning Citation and commencement 1 This Order may be cited as the Planning etc. (Scotland) Act 2006 (National Parks) (Consequential Provisions) Order 2012 and comes into force on 1st June 2012. Amendment of the Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 2 1 The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 is amended in accordance with paragraph (2). 2 In article 7 (planning functions)— a in paragraph (1)(a) for “(but only in respect of functions in relation to local plans)” substitute “(other than functions in relation to a strategic development plan)”; b after paragraph (2) insert— 2A In this article “strategic development plan” has the same meaning as in the Town and Country Planning (Scotland) Act 1997 . ; and c omit article 7(3) and (4). Amendment of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 3 1 The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 is amended in accordance with paragraph (2). 2 In article 7 (planning functions)— a in paragraph (1)(a) for “(but only in respect of functions in relation to local plans)” substitute “(other than functions in relation to a strategic development plan)”; b after paragraph (14) insert— 14A In this article “strategic development plan” has the same meaning as in the Town and Country Planning (Scotland) Act 1997. ; and c omit paragraphs (15) to (17). Amendment of the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 4 1 The Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 is amended in accordance with paragraph (2). 2 In column 3 of Part 2 of the Schedule (functions of The Loch Lomond and The Trossachs National Park Authority) for “(but only in respect of functions in relation to local plans)” substitute “(other than functions in relation to a strategic development plan)”. DEREK MACKAY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 18th April 2012
Evidence Citation and commencement 1 This Order may be cited as the Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012 and comes into force on the day after the day on which it is made. Specification of class of actions 2 1 Section 8(3A) of the Civil Evidence (Scotland) Act 1988 does not apply in respect of the class of actions specified in paragraph (2). 2 The class of action referred to in paragraph (1) is actions for dissolution of civil partnership in which— a the action is undefended; b the action is brought in reliance on the facts set out in section 117(3)(c) (1 year non-cohabitation and the defender’s consent to decree) or in section 117(3)(d) (2 years non-cohabitation) of the Civil Partnership Act 2004 ; c no other proceedings are pending in any court which could have the effect of bringing the civil partnership to an end; d there is no child of the family, as defined in section 12(4)(b) of the Children (Scotland) Act 1995 , under the age of 16 years; e neither party applies for an order for financial provision on dissolution of civil partnership; and f neither party suffers from mental disorder as defined in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 . 3 For the purpose of this Order an action is to be treated as undefended when the defender has not entered appearance or, having entered appearance, has not lodged defences or has withdrawn them. Amendment of the Evidence in Divorce Actions (Scotland) Order 1989 3 1 The Evidence in Divorce Actions (Scotland) Order 1989 is amended as follows. 2 In article 2(1)(b)— a for “2 years” substitute “1 year”; and b for “5 years” substitute “2 years”. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 29th March 2012
Court Of Session Citation, commencement etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 2012 and comes into force on 28th May 2012. 2 A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt. 3 In this Act of Sederunt, “ the Rules ” means the Rules of the Court of Session 1994 . Disposals under petition procedure 2 1 The Rules are amended in accordance with the following subparagraph. 2 After rule 14.9 (unopposed petitions), insert— Disposals in petitions 14.10 1 The court may make such order to dispose of a petition as it thinks fit, whether or not such order was sought in the petition. 2 An order referred to in paragraph (1) is any order that could be made if sought in any action or petition. . Actions based on clinical negligence 3 1 The Rules are amended in accordance with the following subparagraph. 2 In rule 43.1A (actions based on clinical negligence) , in paragraph (6), for “The” substitute “Rules 43.11 (applications for interim payments of damages) , 43.12 (adjustment on final decree) and 43.13 (applications for further damages) shall apply, but the”. Applications for judicial review 4 1 The Rules are amended in accordance with the following subparagraph. 2 In the Appendix, in Form 58.6 (form of petition in application for judicial review) , in paragraph 1, for “, title and interest ” substitute “ and standing ”. Applications for parental orders under the Human Fertilisation and Embryology Act 2008 5 1 The Rules are amended in accordance with the following subparagraph. 2 In the Appendix, in Form 97.3 (form of petition for parental order under section 54 of the Human Fertilisation and Embryology Act 2008) , in paragraph 7, for “other than the female petitioner” substitute “who is not one of the petitioners”. A.C. HAMILTON Lord President I.P.D. Edinburgh 24th April 2012
Local Government Citation and commencement 1 This Order may be cited as the Local Government Finance (Scotland) Amendment Order 2012 and comes into force on the day after the day on which it made. Amendment of the Local Government Finance (Scotland) Order 2012 2 For Schedule 1 (revenue support grant and distribution of non-domestic rate income 2012-2013) to the Local Government Finance (Scotland) Order 2012 , substitute the Schedule 1 set out in the Schedule to this Order. DEREK MACKAY A member of the Scottish Executive St Andrew’s House, Edinburgh 15th March 2012
Housing Citation, commencement, interpretation and revocation 1 1 These Regulations may be cited as the Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Regulations 2012 and come into force on 1st August 2012. 2 In these Regulations “ the Act ” means the Housing (Scotland) Act 2001. 3 The Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002 are hereby revoked. Saving provision 2 Nothing in these Regulations affects the validity of a notice served under section 14(2)(a) of the Act (proceedings for possession) before 1st August 2012 . Form of notice 3 1 Subject to paragraph (2), the prescribed form of notice for the purposes of section 14(4) of the Act (form of notice) is contained in Schedule 1. 2 Where section 14(2A) of the Act (unpaid rent) applies, the prescribed form of notice for the purposes of section 14(4) of the Act is contained in Schedule 2. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th March 2012
Children And Young Persons Citation and commencement 1 This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Amendment Order 2012 and comes into force on 7th May 2012. Amendment 2 1 The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 is amended as follows. 2 In article 16(2) (freeing orders made before the appointed day)— a after “shall” insert “subject to articles 17 and 18”; and b omit “until 28th September 2010”. 3 In article 18 (applications for freeing orders under the 1978 Act)— a the existing provision becomes paragraph (1); and b after paragraph (1) insert— 2 Where an application continues by virtue of paragraph (1) and a freeing order is granted by the court on or after 28th September 2010 the child who is subject to that freeing order shall be treated as if they were subject to a permanence order and article 17(2) and (3) applies to that deemed permanence order. . 4 In article 21(1) (applications to vary or revoke a deemed permanence order) for “or 19(2)” substitute “, 18(2) or 19(2)”. AILEEN CAMPBELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th March 2012
Court Of Session Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Shorthand Writers) 2012 and comes into force on 21st May 2012. 2 A certified copy of this Act of Sederunt shall be inserted in the Books of Sederunt. Increase in fees of shorthand writers 2 1 The table of fees in rule 42.16(3) of the Rules of the Court of Session is amended in accordance with the following subparagraph. 2 In Chapter IV (transcripts of evidence etc. ) — a in paragraph 1 (attendance of shorthand writer), for the amounts of £39.25 and £156.85 substitute the amounts of £40.75 and £162.80 respectively; and b in paragraph 2 (notes of evidence: extension by shorthand writer or transcriber), for the amounts of £6.40, £7.85 and £0.52 substitute the amounts of £6.65, £8.15 and £0.55 respectively. Saving 3 Paragraph 2 of this Act of Sederunt shall not affect fees chargeable for work done, or outlays incurred, before 21st May 2012. A.C. HAMILTON Lord President I.P.D. Edinburgh 20th March 2012