othertales/uklegislation huggingface dataset:
Harbours, Docks, Piers And Ferries Citation, commencement and interpretation 1 1 This Order may be cited as the Port of Cairnryan Harbour Revision Order 2012 and comes into force on the day after the day on which it is made. 2 This Order and the Port of Cairnryan Harbour Empowerment Order 2007 may be cited together as the Port of Cairnryan Orders 2007 to 2012. 3 In this Order, “the 2007 Order ” means The Port of Cairnryan Harbour Empowerment Order 2007. Amendment of the 2007 Order 2 1 In the definition of “deposited plans”, “deposited sections” and “deposited elevations” in Article 2(1) of the 2007 Order for “this Order” substitute “The Port of Cairnryan Harbour Revision Order 2012”. 2 In Article 2(2) of the 2007 Order for “thereabouts” substitute “thereby”. 3 Article 4 of the 2007 Order is amended as follows: a for paragraph (1) substitute— 1 Subject to the provisions of this Order, the Company may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections and deposited elevations, construct and maintain in the district of Dumfries & Galloway the works hereinafter described, with all necessary works and conveniences connected therewith— Work No. 1 – A rock armoured revetment with steel piling for parts of its length extending into Loch Ryan and enclosing an area of 14,100sqm/1.41ha of the bed of Loch Ryan and incorporating part of an existing revetment and shown on sheet number 2 on the deposited plans; and the enclosed area to be used for access to the double-deck linkspan comprising Work No. 2 and as hard standing for marshalling and parking vehicles. Work No. 2 – A double-deck linkspan adjustable in level at its seaward end including foundation structures on driven piles and a sloped approach with associated piled foundations and shown on sheet number 2 and sheet number 3 on the deposited plans. Work No. 3 – A row of fender support structures running approximately north-south and situated to the west of existing Berth 1 as shown on sheet number 2 on the deposited plans; the support structures inter-connected and connected to the existing Berth 1 quay wall by a series of pedestrian walkways. Work No. 4 – Security fences having a height not exceeding 3.5 metres to be constructed along the lines shown on sheet number 2 on the deposited plans. Work No. 5 – A two storey building shown on sheet number 4 on the deposited plans; to be used as a workshop with accommodation for maintenance staff and offices. ; and b omit paragraph (4). 4 In Article 5(2) of the 2007 Order for “13” substitute “4”. 5 In Article 7(1) of the 2007 Order for “5” substitute “2”. 6 In Article 16(1) of the 2007 Order for “coming into force of this Order” substitute “coming into force of the Port of Cairnryan Harbour Revision Order 2012”. 7 In Article 18(2) of the 2007 Order for “sheet 13” substitute “sheet number 5”. 8 For the Schedule to the 2007 Order substitute the Schedule to this Order. JOHN NICHOLLS A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 13th December 2012
Rating And Valuation Citation and commencement 1 This Order may be cited as the Non-Domestic Rate (Scotland) (No. 2) Order 2012 and comes into force on 1st April 2013. Non-domestic rate for 2013-2014 2 For the purposes of section 7B of the Local Government (Scotland) Act 1975, the Scottish Ministers prescribe a rate of 46.2 pence per pound as the non-domestic rate to be levied throughout Scotland in respect of financial year 2013-2014. JOHN SWINNEY A member of the Scottish Government St Andrew’s House, Edinburgh 18th December 2012
Animals Citation and commencement 1 These Regulations may be cited as the Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 and come into force on 1st January 2013. Amendment to the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 2 1 The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 are amended as follows. 2 In regulation 30 (modification of the 1995 Regulations), after sub-paragraph (2)(b) insert— ba revoke regulation 7 (codes of practice); . 3 In Schedule 1 (additional requirements for slaughterhouses and the killing of poultry, rabbits or hares for direct supply)— a in paragraph 9— i in the cross-heading, for “stunning” substitute “killing”; ii in sub-paragraph (1), for “stun” substitute “kill”; iii in sub-paragraph (1)(a), for “stunner” substitute “chamber”; iv in sub-paragraph (1)(b), for “stunner” substitute “chamber”; v in sub-paragraph (1)(c), for “stunner” in both places where it appears, substitute “chamber”; vi in sub-paragraph (1)(d), for “stunner” substitute “chamber”; and vii in sub-paragraph (2), for “stunning” substitute “killing”; b in paragraph 10— i for “stunning” substitute “killing”; and ii for “stunner” in both places where it appears, substitute “chamber”; and c in paragraph 11— i in the cross-heading, for “stunning” substitute “killing”; ii in sub-paragraph (1), for “stun” substitute “kill”; iii in sub-paragraph (1)(a), for “stunner” in both places where it appears, substitute “chamber”; iv in sub-paragraph (1)(b), for “stunner” substitute “chamber”; v in sub-paragraph (1)(d), for “stunned” substitute “killed”; and vi for sub-paragraphs (2) and (3), substitute— 2 The business operator of a slaughterhouse and any person engaged in the killing of poultry by exposure to gas must ensure that no bird is allowed— a to enter the chamber if the displayed concentration of oxygen is above 2% by volume or the displayed concentration of carbon dioxide is above 30% by volume; and b to pass through, or allowed to remain in, the chamber at any time when the visible and audible warning signals have been activated or when there is any defect in the operation of the chamber. . 4 In the table in Part 1 of Schedule 5 (repeals), in the fifth entry, in column 3, for “2” substitute “3”. PAUL WHEELHOUSE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th December 2012
Representation Of The People Citation, commencement and transitional provision 1 1 This Order may be cited as the Scottish Local Government Elections Amendment (No. 2) Order 2012 and comes into force on 7th January 2013. 2 The amendments made by this Order have no effect as regards any local government election held prior to 3rd May 2012. 3 The amendments made by this Order have effect subject to article 6 as regards any local government election held on or after 3rd May 2012 and before 7th January 2013, but have no effect as regards such an election if the votes cast at it were not counted by means of an electronic counting system. Interpretation 2 In this Order— “the 2011 Order ” means the Scottish Local Government Elections Order 2011 ; “proper officer” has the same meaning as in section 235(3) of the Local Government (Scotland) Act 1973 ; and “returning officer” means the officer who is currently appointed for the purposes of section 41(1) of the Representation of the People Act 1983 . Amendment of the 2011 Order 3 Schedule 1 to the 2011 Order is amended as follows. 4 In rule 55 (counting of votes by means other than electronic counting) after paragraph (c) insert— ca in rule 56 omit paragraph (c)(va) ; . 5 In rule 56 (declaration of result), after paragraph (c)(v) insert— va each unique sequence of preferences in which voters chose candidates in the ward, with the number of voters who adopted each of those sequences, and for these purposes a “sequence of preferences” is the order in which a voter gave their preferences to the candidates on the ballot paper, starting with their first preference; . Transitional provision 6 1 The proper officer of the council must, by 14th January 2013, provide the returning officer with the packets containing the electronic copies of information made under rule 57(1) of Schedule 1 to the 2011 Order in respect of all elections to which article 1(3) applies. 2 The returning officer must open those packets, scrutinise that information and give public notice of the information required by rule 56(c)(va) of that Schedule no later than 4th February 2013. 3 For the purposes of this article, rule 59(8)(a) (prohibition of inspection of electronic copy information) of that Schedule is to be ignored. 4 In scrutinising the information as required by paragraph (2), the returning officer must ensure that the way in which a particular elector has given his or her vote is not ascertained and that the information as to how votes were cast is not amended or deleted. 5 At the termination of the scrutiny required by paragraph (2) the returning officer must reseal in their packets the electronic copies of that information, return them to the proper officer and cause to be destroyed any other copies made of that information in a manner which ensures that their confidentiality is preserved. 6 Should it not be possible to comply with the requirements of paragraphs (1) or (2), the returning officer shall give public notice of that fact, and the reason for it, no later than 4th February 2013. DEREK MACKAY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th December 2012
Court Of Session Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) (Amendment) (No. 2) 2012 and comes into force on 28th January 2013. 2 A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt. Amendment of fees 2 1 Subject to subparagraph (2) below, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002 substitute the Table of Fees in the Schedule to this Act of Sederunt. 2 Subparagraph (1) shall apply only to work carried out by a messenger-at-arms on or after 28th January 2013 but shall not affect the fees payable as respects any work so carried out before that date. Revocation 3 The Act of Sederunt (Fees of Messengers-at-Arms) (EC Service Regulation) 2008 is revoked. BRIAN GILL Lord President I.P.D. Edinburgh 10th December 2012
Council Tax Citation and commencement 1 This Order may be cited as the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2012 and comes into force on 1st April 2013. Amendment of the Council Tax (Exempt Dwellings) (Scotland) Order 1997 2 In paragraph 4(b) (empty dwellings) of Schedule 1 to the Council Tax (Exempt Dwellings) (Scotland) Order 1997 — a for “6 weeks” substitute “3 months”; and b omit “or furnished”. Transitional provision 3 The change made by article 2 does not have effect for the purposes of determining whether a dwelling is empty prior to 13th May 2013 where the dwelling concerned— a is unoccupied and unfurnished during any day in the period of 6 weeks prior to 1st April 2013; and b then becomes occupied or furnished for a continuous period of 6 weeks that ends prior to 13th May 2013. M J BURGESS Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th December 2012
Children And Young Persons Citation and commencement 1 These Regulations may be cited as the Children’s Hearings (Scotland) Act 2011 (Rights of Audience of the Principal Reporter) Regulations 2012 and come into force on the same day as section 19 (rights of audience) of the Act . Interpretation 2 In these Regulations— “the Act” means the Children’s Hearings (Scotland) Act 2011; and references to “the Principal Reporter” include references to a person carrying out a function on behalf of the Principal Reporter by virtue of paragraph 10(1) of schedule 3 (delegation of Principal Reporter’s functions) to the Act. Power to conduct proceedings before the sheriff and experience required 3 1 The Principal Reporter is empowered to conduct proceedings before the sheriff which require to be conducted by virtue of the Act. 2 The Principal Reporter is so empowered whether or not the Principal Reporter is an advocate or a solicitor. 3 For the purposes of section 19(1)(b) of the Act, the prescribed experience that must be acquired by the Principal Reporter before conducting such proceedings before the sheriff is the experience of having been the Principal Reporter for any period, or periods, amounting in total to a minimum of 1 year. 4 Paragraph (3) does not apply where the Principal Reporter is an advocate or a solicitor. Power to conduct proceedings before the sheriff principal and experience required 4 1 The Principal Reporter is empowered to conduct proceedings before the sheriff principal which require to be conducted by virtue of the Act. 2 The Principal Reporter is so empowered whether or not the Principal Reporter is an advocate or a solicitor. 3 For the purposes of section 19(1)(b) of the Act, the prescribed experience that must be acquired by the Principal Reporter before conducting such proceedings before the sheriff principal is the experience of having been the Principal Reporter for any period, or periods, amounting in total to a minimum of 2 years. 4 Paragraph (3) does not apply where the Principal Reporter is an advocate or a solicitor. Training required to conduct proceedings before the sheriff or sheriff principal 5 1 For the purposes of section 19(1)(b) of the Act the prescribed training that must be undertaken by the Principal Reporter before conducting such proceedings before the sheriff or the sheriff principal is training in court skills and advocacy. 2 Paragraph (1) applies whether or not the Principal Reporter is an advocate or a solicitor. AILEEN CAMPBELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th December 2012
Fire And Rescue Services Citation, commencement and interpretation 1 1 This Order may be cited as the Police and Fire Reform (Scotland) Act 2012 (Commencement No. 2, Transitory and Transitional Provisions and Appointed Day) Order 2012 and comes into force on 1st January 2013. 2 In this Order “the 2012 Act ” means the Police and Fire Reform (Scotland) Act 2012. Commencement of the 2012 Act 2 1 1st January 2013 is the day appointed for the coming into force of the provisions of the 2012 Act specified in column 1 of Schedule 1 (the subject-matter of which is described in column 2 of that Schedule). 2 Where a purpose is specified in column 3 of Schedule 1 in relation to any provision, that provision comes into force on 1st January 2013 for that purpose only. Transitory and transitional provision 3 Schedule 2 makes transitory and transitional provision. Appointed day 4 The “appointed day” for the purposes of schedule 6 to the 2012 Act (transfer of staff, property, etc. ) is 1st April 2013. KENNY MACASKILL A member of the Scottish Government St Andrew’s House, Edinburgh 4th December 2012
Fire Safety Citation and commencement 1 These Regulations may be cited as the Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2012 and come into force on the day after the day on which they are made. Modifications of the Fire (Scotland) Act 2005 2 In section 78(5) of the Fire (Scotland) Act 2005 (premises which are not “domestic premises” for the purposes of Part 3)— a in paragraph (a), for “a house which requires”, substitute “a house or other premises which require”; and b after paragraph (g), insert— h premises used for the provision of a child minding service (as defined in paragraph 12 of schedule 12 to the Public Services Reform (Scotland) Act 2010 ). . Modifications of the Fire Safety (Scotland) Regulations 2006 3 1 In their application in relation to premises of a type mentioned in section 78(5)(h) of the Fire (Scotland) Act 2005 (meaning of “relevant premises”), the Fire Safety (Scotland) Regulations 2006 are modified as follows. 2 In regulation 8 (duty to record information), omit paragraph (b). 3 In regulation 10(2) (fire safety arrangements), omit paragraph (b). 4 In regulation 17(1), (2), (3), (4) and (7) (safety assistance) and regulation 19 (provision of information to employers and the self-employed from outside undertakings) omit “or 54” each time it appears. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 28th November 2012
Housing Citation and commencement 1 These Regulations may be cited as the Housing Support Services (Homelessness) (Scotland) Regulations 2012 and come into force on 1st June 2013. Prescribed housing support services 2 1 For the purposes of section 32B(1) (whether a person may be in need of prescribed housing support services) of the Housing (Scotland) Act 1987 the following housing support services are prescribed— a advising or assisting a person with personal budgeting, debt counselling or in dealing with welfare benefit claims; b assisting a person to engage with individuals, professionals or other bodies with an interest in that person’s welfare; c advising or assisting a person in understanding and managing their tenancy rights and responsibilities, including assisting a person in disputes about those rights and responsibilities; d advising or assisting a person in settling into a new tenancy. 2 For the purposes of paragraph (1), housing support services are prescribed only insofar as they are relevant to enabling that person to occupy, or to continue to occupy, residential accommodation as that person’s sole or main residence. M J BURGESS Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th November 2012
Landlord And Tenant Citation and commencement 1 These Regulations may be cited as the Rent (Scotland) Act 1984 (Premiums) Regulations 2012 and come into force on 30th November 2012. Green deal payments 2 Any payments towards energy efficiency improvements under a green deal plan within the meaning of chapter 1 of the Energy Act 2011 are not to be treated as a premium for the purposes of Part 8 of the Rent (Scotland) Act 1984. M J BURGESS Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th November 2012
Housing Citation and commencement 1 This Order may be cited as the Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 and comes into force on 31st December 2012. Appointed day 2 The day appointed for the purposes of section 2 (abolition of priority need test) of the Homelessness etc. (Scotland) Act 2003 is 31st December 2012. Amendment of Part 2 of the Housing (Scotland) Act 1987 3 The Housing (Scotland) Act 1987 is modified as follows. 4 Omit section 25 (priority need) . 5 In section 28 omit subsection (2)(a) (inquiries as to priority need) , and the word “and” following it. 6 In the heading to section 29 (interim duty to accommodate) omit “in case of apparent priority need”. 7 In section 30 (notification of decisions) — a omit subsection (2); b in subsection (3), for “has a priority need” substitute “is homeless or threatened with homelessness”; c in subsection (3A), for “, threatened with homelessness or has a priority need” substitute “or threatened with homelessness,”; and d in subsection (4)(a) omit sub-paragraph (ii) and the “or” that precedes it. 8 In section 31(2) (duties to persons found to be homeless) omit “are satisfied that he has a priority need and”. 9 In section 32 (duties to persons found to be threatened with homelessness)— a in subsection (2) omit “are satisfied that he has a priority need and”; and b in subsection (8) — i for “falling within section 25(1)(b)” substitute “with whom dependent children reside or might reasonably be expected to reside”; and ii omit “referred to in that provision”. 10 In section 33(1)(a) (referral of applications to another local authority) omit “and has a priority need,”. 11 In section 40(1) (offences) omit paragraph (b) and the word “or” following it. 12 In section 43 (minor definitions) omit the definition of “priority need (for accommodation)”. Amendment of the Homelessness etc. (Scotland) Act 2003 13 Omit sections 1, 3, 5 and 6 of the Homelessness etc. (Scotland) Act 2003 . 14 In section 4(1) of that Act , omit the words from “(a) to “and”. Amendment of the Antisocial Behaviour etc. (Scotland) Act 2004 15 Omit paragraph 2 of schedule 4 to the Antisocial Behaviour etc. (Scotland) Act 2004 . M J BURGESS Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th November 2012
Children And Young Persons Citation and commencement 1 These Regulations may be cited as the Looked After Children (Scotland) Amendment Regulations 2013 and come into force on 15th March 2013. Amendment of the Looked After Children (Scotland) Regulations 2009 2 At the end of regulation 6(1)(a) of the Looked After Children (Scotland) Regulations 2009 (death of a looked after child) omit “and” and insert— aa notify Social Care and Social Work Improvement Scotland ; and . AILEEN CAMPBELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th January 2013
Town And Country Planning Citation and commencement 1 These Regulations may be cited as the Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2012 and come into force on 2nd February 2013. Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 2 1 Subject to paragraph (4), the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 are amended in accordance with paragraphs (2) and (3). 2 In regulation 11 (further applications)— a in paragraph (1)— i in sub-paragraph (a) after “application” insert “(other than an application made under section 42 of the Act)”; and ii omit sub-paragraph (b) and “; or” immediately preceding that sub-paragraph; b after paragraph (1) insert— 1A Where an application for planning permission is made under section 42 of the Act (applications to develop without compliance with previous conditions), the application may be made without complying with the provisions of regulation 9 or regulation 10 other than regulation 9(2)(c) and (3)(c) and (f) or regulation 10(2)(c) and (3)(b) and (e). ; and c in paragraph (2) after “(1)” insert “or (1A)”. 3 After regulation 26(3)(a) (time periods for decision) insert— aa does not apply where the applicant and the person appointed by virtue of a scheme of delegation prepared under section 43A(1) of the Act agree in writing by virtue of section 43A(8)(c) of the Act to extend the period within which the appointed person may determine the application before the right to require the planning authority to review the case under section 43A(8) of the Act arises; . 4 Regulation 11 continues to have effect as it did immediately before the date on which these Regulations come into force in relation to an application for planning permission made before that date. Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008 3 1 The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008 are amended in accordance with paragraph (2). 2 In regulation 2 (interpretation) in the definition of “period allowed for determination of the application” after “2008” insert— or such extended period as may be agreed in writing between the applicant and the appointed officer under section 43A(8)(c) of the Act . DEREK MACKAY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th November 2012
Crofters, Cottars And Small Landholders Citation and commencement 1 This Order may be cited as the Crofting Register (Fees) (Scotland) Amendment Order 2012 and comes into force on 13th January 2013. Amendment to the Crofting Register (Fees) (Scotland) Order 2012 2 In the Table of Fees in the Schedule to the Crofting Register (Fees) (Scotland) Order 2012 — a in column 1, in the third entry, for “24(1)” substitute “24(1)(a) or (b)”; and b in columns 1 and 2, omit the fifth entry. PAUL WHEELHOUSE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th November 2012