othertales/uklegislation huggingface dataset:
RIVER, SCOTLAND Citation, commencement and duration 1 1 This Order may be cited as the Assynt – Coigach Area Protection Order 2004 and shall come into force on 4th June 2004. 2 This Order shall cease to have effect on 7th October 2006. Interpretation 2 In this Order– “freshwater fish” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 ; and “the map” means the map marked “Area of the Assynt – Coigach Area Protection Order 2004”, signed on behalf of the Scottish Ministers and deposited in the office of the Scottish Executive Environment and Rural Affairs Department, Pentland House, Robb’s Loan, Edinburgh. Prohibition of fishing 3 Fishing for, or taking, freshwater fish in the inland waters in the area prescribed in article 4 without legal right or without written permission from a person having such right is prohibited. Prescribed area 4 The prescribed area, which lies in Highland Region, is the catchment areas of– a all rivers which enter the sea on the west coast of Scotland between, in the north, a point immediately to the south of the Unapool Burn where it enters the sea and, in the south, a point immediately to the south of the River Runnie where it enters the sea; and b all rivers which enter the sea on the east coast of Scotland between, in the north, a point immediately to the north of the River Oykel where it enters the sea and, in the south, a point immediately to the south of the River Oykel where it enters the sea, in so far as those catchment areas lie within the area delineated by a continuous blue line on the map. GORDON BROWN A member of staff of the Scottish Ministers Pentland House, Edinburgh 3rd June 2004
ENVIRONMENTAL PROTECTION PART 1 INTRODUCTORY PROVISIONS Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of the Regulations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsible authorities 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation authorities 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 ENVIRONMENTAL ASSESSMENT FOR PLANS AND PROGRAMMES Restriction on adoption or submission of plans and programmes where environmental assessment or determination required 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions as regards plans and programmes 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Environmental assessment for plans and programmes: first formal preparatory act on or after 21st July 2004 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Description of plans and programmes 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions from assessment 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Environmental assessment for plans and programmes: first formal preparatory act before 21st July 2004 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relationship with other Community law requirements 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determinations of whether environmental assessment required 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determination procedure 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publicity for determinations 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 ENVIRONMENTAL REPORTS Preparation of environmental report 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scoping 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation procedures 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Account to be taken of environmental report and responses to consultation 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 POST-ADOPTION PROCEDURES Information as to adoption of a plan or programme 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Monitoring of implementation of plans and programmes 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SEA FISHERIES Citation, commencement and extent 1 1 This Order may be cited as the Shrimp Fishing Nets (Scotland) Order 2004 and shall come into force on 1st July 2004. 1 Subject to paragraph (3), this Order extends to Scotland and the Scottish zone only. 2 Insofar as it extends beyond Scotland and the Scottish zone, this Order does so only as a matter of Scots law. Interpretation 2 1 In this Order, “codend” has the meaning given in Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures. 2 For the purposes of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation (EC) No. 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets. Prohibition on fishing for shrimps without a separator trawl or sorting grid 3 1 This article applies to– a any Scottish fishing boat wherever it may be; and b any other fishing boat within the Scottish zone. 2 No fishing boat to which this article applies shall carry or deploy a net the mesh of which measures between 16 and 31 millimetres unless– a netting, the mesh of which measures at least twice that of the codend and no more than 70 millimetres, is fitted across the entire cross-section of the net in such a way that– i sea fish cannot reach the codend without first passing through the netting; and ii there is a hole in the net through which all sea fish that do not pass through the netting are able to escape; b a rigid grid, the spacing between the bars of which is no more than 20 millimetres, is fitted across the entire cross-section of the net in such a way that– i sea fish cannot reach the codend without first passing through the grid; and ii there is a hole in the net through which all sea fish that do not pass through the grid are able to escape; c no sea fish have been caught; or d where sea fish have been caught, the quantity of either common shrimp ( Crangon spp.) or Aesop shrimp ( Pandalus montagui ) or a combination of the two retained on board does not exceed 5% of the total live weight of catch retained on board ... . Powers of British sea-fishery officers 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No. 3) Regulations 2004 and shall come into force on 28th June 2004. Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 2 The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 are amended in accordance with the following Regulations. 3 In regulation 4– a for paragraph (3) substitute– 3 Except where proceedings have been brought under section 185 of the 1995 Act, for the purposes of the reference to summary proceedings in paragraph (1) above the following are to be treated as a single matter– a a single summary complaint or complaints which arise out of the same incident; and b proceedings under sections 27(1)(a) and 28 of the 1995 Act (breach of bail conditions) arising out of the complaint or complaints referred to in sub-paragraph (a). ; and b for paragraph (7) substitute– 7 Where the Board grants an application for a change of solicitor under regulation 17(3) of the Criminal Legal Aid (Scotland) Regulations 1996 there shall be paid to each of the solicitors who act for the assisted person in the relevant proceedings– a an equal part of the total amount payable under paragraph 1 of Part 1 of Schedule 1; and b the amounts payable under paragraphs 2 to 13 of Part 1 of Schedule 1 shall be payable to the solicitor who carries out the work described in those paragraphs. . 4 For Part 1 of Schedule 1 substitute the Schedule to these Regulations. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd June 2004
SEEDS Citation, commencement, and extent 1 1 These Regulations may be cited as the Seed Potatoes (Fees) (Scotland) Regulations 2004 and shall come into force on 22nd June 2004. 2 These Regulations extend to Scotland only. Payment of Fees 2 Fees shall be paid to the Scottish Ministers in respect of the matters arising under the Seed Potatoes (Scotland) Regulations 2000 and specified in relation to an entry in column 1 of the Schedule to these Regulations, calculated on the basis corresponding to that entry specified in column 2 of that Schedule: Withdrawal of application 3 1 If an application for classification of seed potatoes under paragraph 2 of the Schedule is withdrawn before the arrival of an inspector for the purpose of inspecting the crop for the first time the fee paid will be refunded to an applicant, subject to charging of an administration fee of £1.50 per half-hectare. 2 If the labels and seals issued under paragraph 4 of the Schedule are returned unused within 2 months of issue, the fee paid will be refunded to an applicant, subject to charging of an administration fee of £1.00 per tonne. Exemptions 4 The Scottish Ministers may exempt any person, or class of person, or persons generally, from compliance in whole or in part, with the provisions of these Regulations in relation to the payment of fees and any exemption so made may be made subject to conditions. Revocation 5 The Seed Potatoes (Fees) (Scotland) Regulations 1993 (“the 1993 Regulations ”) are hereby revoked. ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 27th May 2004
PLANT HEALTH Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Plant Health Fees (Scotland) Regulations 1996 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LAND REFORM Citation 1 This Order may be cited as the Land Reform (Scotland) Act (Commencement No. 2) Order 2004. Appointed day 2 The appointed day for the coming into force of the following provisions of the Land Reform (Scotland) Act 2003 is 14th June 2004– a Parts 2 (the community right to buy) and 3 (the crofting community right to buy); and b paragraph 2 of schedule 2 and section 99 in so far as it relates to that paragraph. ALLAN WILSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th May 2004
FOOD Citation and commencement 1 These Regulations may be cited as the Kava-kava in Food (Scotland) Amendment Regulations 2004 and shall come into force on 16th June 2004. Amendments to the Kava-kava in Food (Scotland) Regulations 2002 2 1 The Kava-kava in Food (Scotland) Regulations 2002 are amended in accordance with paragraphs (2) and (3). 2 In regulation 2 (interpretation) after the definition of “the Act”, insert– “ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; “EEA State” means a State which is a Contracting Party to the EEA Agreement; and “free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; . 3 In regulation 3 (prohibition on sale etc. of food consisting of or containing Kava-kava)– a at the beginning insert “(1) Subject to paragraph (2),”; and b at the end insert– 2 The prohibition imposed by paragraph (1) shall not apply where the food consisting of or containing Kava-kava is imported from an EEA State, if the food– a originates in an EEA State, or b originates outside the European Economic Area, but is in free circulation in a member State, and is being, or is to be, exported to an EEA State other than the United Kingdom. . TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th May 2004
EDUCATION Citation and commencement 1 These Regulations may be cited as the Education (Assisted Places) (Scotland) Amendment Regulations 2004 and shall come into force on 1st August 2004. Amendment of the Education (Assisted Places) (Scotland) Regulations 2001 2 The Education (Assisted Places) (Scotland) Regulations 2001 are amended as follows– a in regulation 9(3) and (5) (references to income) for the sum of “£1,500” in the three places where it occurs substitute “£1,541”; b in regulation 13(2) (scales of remission) for the sum of “£11,629” substitute “£11,943”; c in regulation 15(6) (school travel grants for day pupils and amounts thereof) for the sums of “£11,647” and “£11,460” substitute “£11,961” and “£11,769” respectively; d in regulation 16(5) (school travel grants for boarding pupils and amounts thereof) for the sums of “£11,647” and “£11,460” substitute “£11,961” and “£11,769” respectively; e for regulation 17(2) substitute– 2 A clothing grant shall be made in the case of an assisted pupil as respects whom the relevant income does not exceed £12,846 and shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed– a £79, where the relevant income is £11,943 or less; b £41, where that income exceeds £11,943 but does not exceed £12,846. ; and f for Schedule 2 substitute– SCHEDULE 2 SCALES OF REMISSION Regulation 13 (1) (2) Part of relevant income to which the specified percentage applies Parental contribution percentage That part (if any) which exceeds £11,769 but does not exceed £12,797 9% That part (if any) which exceeds £12,797 but does not exceed £13,842 12% That part (if any) which exceeds £13,842 but does not exceed £15,913 15% That part (if any) which exceeds £15,913 but does not exceed £19,108 21% That part (if any) which exceeds £19,108 but does not exceed £23,272 24% That part (if any) which exceeds £23,272 33% . PETER PEACOCK A member of the Scottish Executive St Andrew’s House, Edinburgh 20th May 2004
CRIMINAL LAW Citation and commencement 1 This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 4) Order 2004. 2 1 Section 21(9) and (10) of the Criminal Justice (Scotland) Act 2003 shall come into force on 10th June 2004. 2 Section 75 of the Criminal Justice (Scotland) Act 2003 shall come into force on 25th June 2004. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th May 2004
EDUCATION Citation and commencement 1 These Regulations may be cited as the St Mary’s Music School (Aided Places) (Scotland) Amendment Regulations 2004 and shall come into force on 1st August 2004. Amendment of St Mary’s Music School (Aided Places) (Scotland) Regulations 2001 2 Schedule 1 to the St Mary’s Music School (Aided Places) (Scotland) Regulations 2001 is amended as follows:– a in paragraph 10(3) and (5) (references to income) for the sum of “£1,500” in the three places where it occurs substitute “£1,541”; b in paragraph 13 (remission of fees-boarding pupils)– i in sub paragraph (2) for the sum of “£9,997” substitute “£10,267”; and ii in sub paragraph (3) for the Table substitute– (1) (2) (3) Part of relevant income to which specified percentage applies Only aided pupil Each of two aided pupils That part which exceeds £10,110 but does not exceed £12,777 10% 7.5% That part (if any) which exceeds £12,777 but does not exceed £17,910 20% 15% That part (if any) in excess of £17,910 12.5% 7.5% ; c in paragraph 14 (remission of fees-day pupils)– i in sub paragraph (2) for the sum of “£12,593” substitute “£12,933”; and ii in sub paragraph (3) for the sum of “£12,441” substitute “£12,777”; d in paragraph 18 (clothing grants)– i in sub paragraph (3)– aa for the sum of “£13,053” substitute “£13,405”; and bb for paragraphs (a) to (d) substitute– a £204, where the relevant income does not exceed £11,769; b £153, where that income exceeds £11,769 but does not exceed £12,318; c £100, where that income exceeds £12,318 but does not exceed £12,846; d £51, where that income exceeds £12,846 but does not exceed £13,405: ; and ii in sub paragraph (4)– aa for the sum of “£12,508” substitute “£12,846”; and bb for paragraphs (a) and (b) substitute– a £79, where the relevant income does not exceed £11,943; b £41, where that income exceeds £11,943 but does not exceed £12,846. ; and e in sub paragraph (1) of paragraph 24 (amount of school travel grants) for the sums of “£11,647” and “£11,460” substitute “£11,961” and “£11,769” respectively. PETER PEACOCK A member of the Scottish Executive St Andrew’s House, Edinburgh 20th May 2004
PUBLIC HEALTH Citation, commencement and interpretation 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 3) (Scotland) Order 2004 and shall come into force at 1500 hours on 24th May 2004. 2 In this Order– a “scallops” means scallops of the species of Pecten maximus; and b “relevant time” means 0001 hours on 24th May 2004. Designated circumstances 2 In the opinion of the Scottish Ministers, scallops in the area designated in article 3 below may be affected by the toxin which causes amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed. Designated area 3 The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated area 4 No person shall fish for or take any scallops in the designated area. Prohibited movement of scallops 5 No person shall move any scallops out of the designated area. Restrictions 6 No person shall– a use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived; b land any scallops which were in waters in the designated area after the relevant time; c supply, or have in possession for supply, any scallops which were in the designated area after the relevant time; d supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article; or e feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article. MALCOLM CHISHOLM A Member of the Scottish Executive St Andrew’s House, Edinburgh 24th May 2004
LAND REFORM Citation, commencement and interpretation 1 1 These Regulations may be cited as the Community Right to Buy (Forms) (Scotland) Regulations 2004 and shall come into force on 15th June 2004. 2 In these Regulations– “ the Act ” means the Land Reform (Scotland) Act 2003; and “Schedule” means the Schedule so numbered to these Regulations. Application to register an interest in land 2 An application by a community body to register an interest in land under section 37(1) of the Act shall be submitted to Ministers in or as near as may be in the form specified in Schedule 1. Notice where owner or creditor may be unknown 3 For the purposes of satisfying Ministers whether an owner of land in which a community interest is sought to be registered or, as the case may be, a creditor in a standard security over any part of that land, is unknown or cannot be found the notice which the community body is required to affix to the land in terms of section 37(4) of the Act shall be in or as near as may be in the form specified in Schedule 2. Notice by Ministers on whether community interest is to be registered 4 The notice specified in section 37(17) of the Act intimating the decision of Ministers on whether a community interest is to be entered in the Register of Community Interests in Land shall be in or as near as may be in the form specified in Schedule 3. Notice by owner or creditor of proposed transfer of land 5 Where an owner of land, or a creditor in a standard security, is required under section 48 of the Act to notify a community body and Ministers of a proposed transfer of land, the notification shall be in or as near as may be in the form specified in Schedule 4. Notices following receipt of a notice under section 48 of the Act 6 The notices required to be sent by Ministers under section 49(2)(a) (notice seeking confirmation of exercise of right to buy) and (2)(b) (notice narrating compliance) of the Act shall be in or as near as may be in the forms specified in Schedules 5 and 6 respectively. ALLAN WILSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 18th May 2004
PUBLIC BODIES Citation 1 This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 3) Order 2004. Commencement 2 The day appointed for the coming into force of– a sections 1, 2 and 3; and b schedules 1 and 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 is 1st June 2004. TAVISH SCOTT Authorised to sign on behalf of the Scottish Ministers St Andrew’s House, Edinburgh 20th May 2004
PUBLIC HEALTH Citation, commencement and interpretation 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 4) (Scotland) Order 2004 and shall come into force at 15.30 hours on 5th July 2004. 2 In this Order– a “scallops” means scallops of the class of Pecten maximus; and b “relevant time” means 0001 hours on 5th July 2004. Designated circumstances 2 In the opinion of the Scottish Ministers, scallops in the area designated in article 3 below may be affected by the toxin which causes amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed. Designated area 3 The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated area 4 No person shall fish for or take any scallops in the designated area. Prohibited movement of scallops 5 No person shall move any scallops out of the designated area. Restrictions 6 No person shall– a use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived; b land any scallops which were in waters in the designated area after the relevant time; c supply, or have in possession for supply, any scallops which were in the designated area after the relevant time; d supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article; or e feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 5th July 2004
LAND REFORM Citation and commencement 1 These Regulations may be cited as the Community Right to Buy (Register of Community Interests in Land Charges) (Scotland) Regulations 2004 and shall come into force on 15th June 2004. Charges for Copies and Extracts 2 The charges which may be made by the Keeper of the Register of Community Interests in Land for supplying copies or extracts of entries in that Register are specified in the Schedule to these Regulations. ALLAN WILSON Authorised to sign on behalf of the Scottish Ministers St Andrew’s House, Edinburgh 18th May 2004