othertales/uklegislation huggingface dataset:
Plant Health Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments coming into force on 25th September 2009 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment coming into force on 1st January 2010 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Court Of Session Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Money Attachment Rules) 2009 and comes into force on 23rd November 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Money attachment rules 2 The Schedule to this Act of Sederunt provides rules for applications under Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (attachment of money). A.C. HAMILTON Lord President I.P.D. Edinburgh 2nd November 2009
National Health Service Citation and commencement 1 1 These Regulations may be cited as the Health Boards (Membership) (Scotland) Regulations 2009. 2 Subject to regulation 4 these Regulations come into force on 12th October 2009. Interpretation 2 In these Regulations, unless the context otherwise requires— “ the Act ” means the National Health Service (Scotland) Act 1978; “appointed members” has the meaning given by paragraph 2(1)(a) of Schedule 1 to the Act; “councillor members” has the meaning given by paragraph 2(1)(b) of Schedule 1 to the Act; “elected members” has the meaning given by paragraph 2(1)(c) of Schedule 1 to the 1978 Act; “Health Board election” has the meaning given by paragraph 1 of Schedule 1A to the 1978 Act ; and “specified Health Board” means a Health Board specified in column 1 of the table in regulation 3. Number of members of specified Health Boards 3 Following the first Health Board election in a specified Health Board area— a the total number of members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 2, b the number of appointed members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 3, c the number of councillor members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 4, and d the number of elected members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 5. Column 1 Health Board Column 2 Total number of members Column 3 Number of appointed members Column 4 Number of councillor members Column 5 Number of elected members Fife 25 12 1 12 Dumfries and Galloway 21 10 1 10 Transitional provision 4 1 Until the elected members take up office in terms of paragraph 10A(1) of Schedule 1 to the Act following the first Health Board election in the areas of the specified Health Boards all the members of those Health Boards shall continue to be appointed by the Scottish Ministers. 2 Regulation 5 and the Schedule have effect from the day on which the elected members take up office in terms of paragraph 10A(1) of Schedule 1 to the Act following the first Health Board election in the areas of the specified Health Boards. Amendment of the Health Boards (Membership and Procedure) (Scotland) Regulations 2001 for specified Health Boards 5 The Health Boards (Membership and Procedure) (Scotland) Regulations 2001 are amended in terms of the Schedule in respect of the specified Health Boards. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 26th August 2009
Transport Citation and commencement 1 This Order may be cited as the Railway Closures (Exclusion) Scotland Order 2009 and comes into force on 1st December 2009. Exclusion from application of section 30 of the 2005 Act 2 Stations at Drumgelloch and Bathgate are excluded from the application of section 30 of the 2005 Act. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 28th October 2009
Court Of Session Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Lands Valuation Appeal Court) 2009 and comes into force on 1st October 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Lands Valuation Appeal Court 2 1 The judges named for the purposes of appeal under section 7 of the Valuation of Lands (Scotland) Amendment Act 1879 are— The Right Honourable Lord Gill; The Right Honourable Lord Kingarth; The Right Honourable Lord Clarke; The Honourable Lord Hodge; The Honourable Lord Malcolm. 2 The Act of Sederunt (Lands Valuation Appeal Court) 2007 is revoked. A.C. HAMILTON Lord President I.P.D. Edinburgh 18th August 2009
Sheriff Court Citation and commencement 1 This Order may be cited as the Sheriff Court Districts Amendment Order 2009 and comes into force on 31st August 2009. Amendment of the Sheriff Court Districts (Alteration of Boundaries) Order 1996 2 1 The Sheriff Court Districts (Alteration of Boundaries) Order 1996 is amended as follows. 2 In column 2 of Schedule 1 for “Linlithgow” substitute “Livingston”. 3 In column 4 of Schedule 1 omit the words “Linlithgow and”. Transitional provision 3 1 With effect from 31st August 2009— a any proceedings which were instituted in Linlithgow Sheriff Court, but which have not been completed, are to continue in Livingston Sheriff Court as if instituted there; b ongoing cases at Linlithgow Sheriff Court are to be heard and disposed of at Livingston Sheriff Court as if Livingston Sheriff Court always had jurisdiction for the proceedings; c any relevant— i verdict, sentence, order or other determination; and ii indictment, complaint, petition, writ, notice, citation, warrant, extract or other document, which makes reference to Linlithgow Sheriff Court or Linlithgow Sheriff Court District has effect as though that reference is a reference to Livingston Sheriff Court or Livingston Sheriff Court District (whichever is applicable); d any sentence, decree, fine, fixed penalty, conditional offer or other penalty that was enforceable in Linlithgow Sheriff Court District is to continue to be enforceable in Livingston Sheriff Court District; e any expenses that were enforceable in Linlithgow Sheriff Court District are to continue to be enforceable in Livingston Sheriff Court District; and f the general jury book maintained in respect of Linlithgow Sheriff Court District in terms of section 3 of the Jurors (Scotland) Act 1825 is to continue to be maintained in respect of Livingston Sheriff Court District. 2 Where immediately before 31st August 2009— a a sheriff was required or directed to perform duties as a sheriff in Linlithgow Sheriff Court District that sheriff is to, on and after that date, without the necessity of any new direction being made, perform duties in Livingston Sheriff Court District; and b a person held the office of sheriff clerk or sheriff clerk depute in Linlithgow Sheriff Court District, that person is to, on and after that date, without the necessity of a new appointment, hold the office of sheriff clerk, or as the case may be sheriff clerk depute, in Livingston Sheriff Court District. Consequential provision relating to Justice of the Peace Court 4 The Justice of the Peace Court established for the Linlithgow Sheriff Court District under the Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc. Order 2008 is deemed to be established for the Livingston Sheriff Court District. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 17th August 2009
Sheriff Court Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Commissary Business) (Amendment) 2009 and comes into force on 31st August 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Amendment to Act of Sederunt (Commissary Business) 1975 2 In column 2 of the Schedule to the Act of Sederunt (Commissary Business) 1975 (places where commissary business may be conducted in the commissariat of the sheriffdom), opposite the entry relating to the sheriffdom of Lothian and Borders specified in column 1 of that Schedule, for “Linlithgow” substitute “Livingston”. A.C. HAMILTON Lord President I.P.D. Edinburgh 18th August 2009
Court Of Session Citation and commencement 1 1 This Order may be cited as the Maximum Number of Judges (Transitional Provision) (Scotland) Order 2009 and comes into force on 1st September 2009. 2 This Order extends to Scotland only. Temporary increase in maximum number of judges of the Court of Session 2 The maximum number of judges of the Court of Session is increased to 35 from 1st September 2009 to 30th September 2009 inclusive . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 17th August 2009
Children And Young Persons Citation and commencement 1 These Regulations may be cited as the Looked After Children (Scotland) Amendment Regulations 2009 and come into force on 28th September 2009. Amendment of the Looked After Children (Scotland) Regulations 2009 2 1 The Looked After Children (Scotland) Regulations 2009 are amended as follows. 2 In regulation 33(1)(b) (fostering and kinship care allowances) for “1993” substitute “1995”. 3 In regulations 45(1) (review of the child’s case: child placed with kinship carer, foster carer or in a residential establishment) and 46(1) (local authority visits: child in placement) omit “by a local authority”. 4 In regulation 48(2) (arrangements with registered fostering services)— a omit “ II , III ,” and “ XI and XII ”; b after “ VI ,” insert “ VII ,”; and c after “ VIII ” for “,” substitute “and”. 5 In Schedule 3 (information as to prospective foster carer or kinship carer and other members of the household and family)— a in paragraph 1— i after “marital” insert “or civil partnership”; and ii after “marriage” insert “and civil partnership”; b in paragraph 2 after “foster” insert “or kinship”; c in paragraph 9 for “relative” substitute “kinship”; d in paragraph 11 for “foster” where it second occurs substitute “become a foster or kinship carer”; and e in paragraphs 13 and 14 after “foster” where it second occurs in each paragraph insert “or kinship”. 6 In paragraph 7 of Schedule 4 (matters and obligations to be covered in foster and kinship placement agreements) at the end insert “or 6”. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th August 2009
Local Government Citation and commencement 1 This Order may be cited as the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Amendment Order 2009 and comes into force on 9th October 2009. Amendment of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006 2 The list of Scottish public authorities in the Schedule to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006 is amended by inserting at the appropriate place, “Public Transport Users’ Committee for Scotland ”. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 30th July 2009
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) Order 2009 and comes into force on 9th October 2009. Devolved public bodies 2 1 The Ethical Standards in Public Life etc. (Scotland) Act 2000 is amended in accordance with the provisions of paragraph (2). 2 In schedule 3 (devolved public bodies)– a omit “The Parole Board for Scotland”; b insert after “A National Health Service trust”– National Waiting Times Centre Board” ; “ NHS 24 ; and c insert before “The Board of Trustees of the Royal Botanic Garden, Edinburgh”– Quality Meat Scotland . JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 30th July 2009
National Health Service Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2009 and come into force on 7th August 2009. 2 In these Regulations “the principal Regulations ” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 . Amendment of the principal Regulations 2 1 The principal Regulations are amended as follows. 2 After Regulation 8(2) insert— 8(2A) 1 A person described in paragraph (2) is prescribed as being a person for whom payments are to be made by the Health Board for the supply of an optical appliance for which a prescription has been given in consequence of a testing of sight under the Act. 2 A person referred to in paragraph (1) is a person who at the time of the payment for the supply of an optical appliance on or after 6th April 2009, is a member of a family— i which satisfies the criteria specified in regulation 8(3)(k)(i); and ii where the relevant income of the person or persons to whom an award of tax credit was made under section 14 of the Tax Credits Act 2002 is determined at the time of the award to exceed £15,050, but not to exceed £15,276. 3 A person prescribed in paragraph (1) is an eligible person for the purposes of Parts IV and V . 3 In regulation 8(4)(c) (circumstances where a person’s resources are treated as less than his requirements), after “and (l)” insert “, and 8(2A)”. 4 In regulation 12(6)(a) (use of vouchers for the supply of optical appliances) for “or (d)”, substitute “or (d), or (2A)”. 5 In regulation 12A(1) (notice of entitlement), after “8(3)(k)” insert “or 8(2A)”. 6 In regulation 15(1) (eligibility – replacement or repair)— a in sub‑paragraph (b) for “or (e)” substitute, “or (e), or sub‑paragraph (c) of this paragraph”; and b after sub‑paragraph (b) insert— c a person referred to in sub paragraph (b) includes a person who at the time of the payment for the replacement or repair on or after 6th April 2009 is a member of a family described in regulation 8(2A)(2). . 7 In regulation 16(2)(a) and (3)(a) (completion of vouchers for replacement or repair) for “or (d)”, substitute “or (d), or (2A)”. 8 In regulation 20(1) (payments to patients in respect of the supply, replacement or repair of optical appliances) after “8(2)” insert “, 8(2A)”. 9 In regulation 20(2) (payments to patients in respect of the supply, replacement or repair of optical appliances), for “or (d)”, substitute “or (d), or (2A)”. ALEX NEIL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th August 2009
Debt Citation 1 This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 5 and Transitional) Order 2009. Interpretation 2 In this Order, “ the Act ” means the Bankruptcy and Diligence etc. (Scotland) Act 2007. Appointed day – money attachment 3 1 The following provisions of the Act, in so far as not already in force, come into force on 23rd November 2009:— a Part 8 and schedule 3 (money attachment); and b section 226(1) in so far as relating to the provisions of schedule 5 (minor and consequential amendments) commenced by this Order. 2 The minor and consequential amendments in schedule 5 specified in column 1 of the Schedule to this Order, in so far as not already in force, come into force on 23rd November 2009, subject to paragraph (3). 3 Where in the Schedule to this Order a purpose is specified in column 2 in relation to an amendment, it comes into force only for that purpose, but where no purpose is specified it comes into force for all purposes (in so far as not already in force). Transitional modification of the Act – references to “judicial officer” 4 1 Any reference to a “judicial officer” in, or having effect by virtue of, any provision of the Act commenced by this Order is to be read as a reference to a messenger-at-arms or a sheriff officer (or a reference to a messenger-at-arms and a sheriff officer as the case may be). 2 This article ceases to have effect on the day to be appointed for the coming into force of section 60 of the Act (abolition of offices of messenger-at-arms and sheriff officer). FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2009
Electricity Citation and commencement 1 This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2009 and comes into force on the day after the day on which it is made. Renewables Obligation (Scotland) Order 2009 2 1 The Renewables Obligation (Scotland) Order 2009 is amended in accordance with paragraph (2). 2 In Schedule 2 (electricity to be stated in SROCs)— a in Part 1 (interpretation) in paragraph 1(1) after the definition of “energy from waste with CHP ” insert— “enhanced tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State; “enhanced wave” means electricity generated from the motion of naturally occurring waves on water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State; ; and b in the table in Part 2 (amount of electricity to be stated in SROCs generally) at the end insert— enhanced tidal stream 1 / 3 megawatt hour enhanced wave 1 / 5 megawatt hour JIM MATHER Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th July 2009
Local Government Citation 1 This Order may be cited as the Local Government in Scotland Act 2003 (Commencement No. 4) Order 2009 . Commencement 2 Section 40 of the Local Government in Scotland Act 2003 (power of local authorities to invest money) shall come into force on 8th September 2009. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 14th July 2009
Environmental Protection Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Pollution Prevention and Control (Scotland) Regulations 2000 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Partnerships Citation, commencement and extent 1 1 These Regulations may be cited as the Limited Liability Partnerships (Scotland) Amendment Regulations 2009 and shall come into force on 1st October 2009. 2 These Regulations extend to Scotland only. Interpretation 2 In these Regulations– “the 1986 Act ” means the Insolvency Act 1986 , and “the principal regulations ” means the Limited Liability Partnerships (Scotland) Regulations 2001 . Amendment of Schedule 2 to the principal regulations 3 Schedule 2 to the principal regulations (provisions of the 1986 Act as applied to limited liability partnerships) is amended in accordance with Schedule 1 to these Regulations. Amendment of Schedule 3 to the principal regulations 4 Schedule 3 to the principal regulations (modifications to provisions of the 1986 Act as applied to limited liability partnerships) is amended in accordance with Schedule 2 to these Regulations. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th September 2009
Agriculture Citation and commencement 1 These Regulations may be cited as the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009 and come into force on 20th September 2009. Amendment of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 2 1 The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 are amended in accordance with paragraphs (2) to (5). 2 In regulation 2(1), in the definition of “authorised officer”, for “16(2)” substitute “ 16(3) ” . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 For regulation 16 substitute— Enforcement 1 In the area of each feed authority, the relevant provisions in so far as they apply to— a the operations mentioned in paragraph (2) are to be executed and enforced by the Agency or the feed authority in question; b any other operations mentioned in Regulation 183/2005 are to be executed and enforced by the feed authority in question. 2 The operations referred to in paragraph (1)(a) are— a primary production of feed and those associated operations listed in Article 5(1) of Regulation 183/2005 which require to be carried out in compliance with the provisions listed in Annex I to that Regulation; and b feeding of food producing animals (other than animals mentioned in Article 2(2)(b) and (c) of Regulation 183/2005 ) which requires to be carried out in compliance with the provisions of Article 5(5) of and Annex III to that Regulation. 3 The Agency or any feed authority may in writing appoint as authorised officers, either generally or specifically, such persons as it considers necessary to act in matters arising under the relevant provisions. 4 A person appointed under paragraph (3) need not be an officer of the appointing body. 5 In this regulation, “the relevant provisions” are— a these Regulations; b the provisions of Regulation 178/2002 set out in regulation 15(2); and c Regulation 183/2005. . 5 In regulation 32(1)— a for “in the area of” substitute “ by ” ; and b the words “in that area” and “in respect of that area” are omitted. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew's House, Edinburgh
Lands Tribunal Citation and commencement 1 These Rules may be cited as the Lands Tribunal for Scotland Amendment Rules 2009 and come into force on 1st July 2009. Amendment of the Lands Tribunal for Scotland Rules 2003 2 The Lands Tribunal for Scotland Rules 2003 are amended in accordance with rules 3 to 8 of these Rules. Interpretation 3 In rule 2 (interpretation) after the definition of “the Act of 2003” insert— “the Development Management Scheme Order ” means the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 ; . Applications for certificates referred to in article 9(4) of the Development Management Scheme Order 4 After rule 5 (application for certificates) insert— Applications for certificates referred to in article 9(4) of the Development Management Scheme Order 5A When an application is made to the Tribunal for a certificate referred to in article 9(4) (intimation of variation under article 8) of the Development Management Scheme Order, there shall be sent with the application sufficient evidence to satisfy the Tribunal of the intimation of the notice of a proposal to register a deed of variation or discharge. . Method of making Application 5 In rule 13 (method of making application) after “2003 (Notification of application)” insert, “or article 24 of the Development Management Scheme Order”. Provision for other Parties 6 In rule 21 (provision for other parties) after “representations)” insert “and, in respect of applications under article 22 (powers of the Lands Tribunal ) or 23 (special provision as to variation or discharge of rules) of the Development Management Scheme Order, to article 26 (persons entitled to make representations) of that Order”. Expenses 7 In rule 28(1) (expenses) after “that Act.” insert— For the purposes of determining applications under article 22 (powers of the Lands Tribunal) or 23 (special provision as to variation or discharge of rules) of the Development Management Scheme Order, expenses shall be determined in accordance with article 29 of that Order. . Application Forms 8 1 In Schedule 1 (list of applications and application forms) at the end insert— The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 Article 22(1)(a) DMS 22(1)(a) Article 22(1)(b) DMS 22(1)(b) Article 22(1)(c) DMS 22(1)(c) . 2 In Schedule 2— a in Form TC 90(1)(a) omit “or rule of a development management scheme” in the title and in each place in the form where those words occur; and b at the end insert the forms set out in the Schedule to these Rules. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th June 2009