othertales/uklegislation huggingface dataset:
Plant Health Citation, commencement and extent 1 1 These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018 and come into force on 19th March 2018. 2 These Regulations extend to Scotland only. Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 3 Regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017 is revoked. FERGUS EWING A member of the Scottish Government St Andrew's House, Edinburgh
Education Citation, commencement and interpretation 1 1 These Regulations may be cited as the Education (Scotland) Act 2016 (Commencement No. 5 and Savings Provision) Regulations 2018 and come into force on 1st April 2018. 2 In these Regulations— “the 1980 Act” means the Education (Scotland) Act 1980 ; “the 2016 Act” means the Education (Scotland) Act 2016. Appointed day 2 The day appointed for the coming into force of section 22(1), (2), (4), (5) and (6) of the 2016 Act (provision of school meals) is 1st April 2018. Savings 3 The following Regulations, which were made under subsection (3) of section 53 of the 1980 Act, continue in force— a The Education (School Lunches) (Scotland) Regulations 2009 ; b The Education (School Lunches) (Scotland) Amendment Regulations 2013 ; and c The Education (School Lunches) (Scotland) Regulations 2015 . MAREE TODD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st February 2018
Rating And Valuation Citation and commencement 1 This Order may be cited as the Non-Domestic Rate (Scotland) Order 2018 and comes into force on 1st April 2018. Non-domestic rate for 2018-2019 2 For the purposes of section 7B of the Local Government (Scotland) Act 1975, the Scottish Ministers prescribe a rate of 48 pence per pound as the non-domestic rate to be levied throughout Scotland in respect of financial year 2018-2019. DEREK MACKAY A member of the Scottish Government St Andrew’s House, Edinburgh 6th February 2018
Social Care Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Law Citation and commencement 1 These Regulations may be cited as the Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 4) Regulations 2018 and come into force on 31st January 2018. Appointed days 2 The following days are appointed for the coming into force, for all remaining purposes, of the following provisions in the Human Trafficking and Exploitation (Scotland) Act 2015— a 31st January 2018 for section 12 (presumption of age of child victim); and b 1st April 2018 for section 9 (support and assistance for adult victims of human trafficking). MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 11th January 2018
Contracts Citation and Commencement 1 These Regulations may be cited as the Contract (Third Party Rights) (Scotland) Act 2017 (Commencement) Regulations 2018 and come into force on 26th February 2018. Appointed Day 2 The day appointed for the coming into force of the provisions of the Contract (Third Party Rights) (Scotland) Act 2017, so far as not already in force, is 26th February 2018. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th January 2018
Licensing (liquor) Citation and commencement 1 These Regulations may be cited as the Premises Licence (Scotland) Amendment Regulations 2018 and come into force on 30th March 2018. Amendment of the Premises Licence (Scotland) Regulations 2007 2 1 The Premises Licence (Scotland) Regulations 2007 are amended in accordance with paragraphs (2) and (3). 2 After regulation 6 (operating plan) insert— Disabled access and facilities statement 7 A disabled access and facilities statement is to be in the form set out in schedule 6. 3 After schedule 5 (operating plan) insert schedule 6 (disabled access and facilities statement) as set out in the schedule of these Regulations. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 7th February 2018
Roads And Bridges Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Scottish Road Works Register (Prescribed Fees) Regulations 2017 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tribunals And Inquiries Citation, commencement and interpretation 1 1 These Regulations may be cited as the First-tier Tribunal for Scotland Health and Education Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018 and come into force on 12th January 2018. 2 In these Regulations— “Chamber President” means the Chamber President of the First-tier Tribunal; and “First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber. Composition of First-tier Tribunal 2 1 Subject to paragraphs (2) to (4), the First-tier Tribunal, when convened at a hearing to decide any matter in a case, may consist of— a the Chamber President and two ordinary members; or b a legal member and two ordinary members. 2 The First-tier Tribunal, when convened at a hearing to decide any matter in a case under section 18(3)(ea) or (eb) of the Education (Additional Support for Learning) (Scotland) Act 2004 , may consist of only the Chamber President or a legal member. 3 The First-tier Tribunal, when convened without a hearing (see rules 37 and 84 of S.S.I. 2017/366 ) to decide any matter in a case may consist of a legal member only. 4 If, at or after the beginning of a hearing, a member of the First-tier Tribunal other than the legal member is absent, the hearing may, with the consent of the parties, be conducted by the legal member and the remaining member and in that event the First-tier Tribunal shall be deemed to be properly constituted, and the decision of the First-tier Tribunal shall be taken by the legal member and that member. Composition of Upper Tribunal hearing appeals or referrals from First-tier Tribunal 3 1 The Upper Tribunal, when deciding an appeal to the Upper Tribunal in a case decided by the First-tier Tribunal, shall consist of— a a judge of the Court of Session, acting either alone or with a judicial member of the Upper Tribunal; b the Chamber President (except a temporary Chamber President), acting either alone or with another judicial member of the Upper Tribunal; c the President of Tribunals, acting either alone or with another judicial member of the Upper Tribunal; or d the Lord President, acting either alone or with a judicial member of the Upper Tribunal. 2 The Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal of the case to the Upper Tribunal. 3 In this regulation “judicial member of the Upper Tribunal” means a judge of the Court of Session. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th January 2018
Rehabilitation Of Offenders Citation and commencement 1 This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2018 and comes into force on 17th February 2018. Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 2 1 The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 is amended as follows. 2 In article 4 (exclusion of section 4(2)(a) and (b) of the Act)— a for paragraph 2(b) substitute— b a conviction which— i falls within paragraph (2A); and ii is not included in a higher level disclosure sent in connection with the purpose for which the question is put. ; b after paragraph (2) insert— 2A A spent conviction falls within this paragraph if it is— a a conviction for an offence listed in schedule A1 and either— i the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of conviction; or ii the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction; or b a conviction for an offence listed in schedule B1 which is not a protected conviction. ; c in paragraph (4), for “for an offence listed in Schedule B1” substitute “which falls within paragraph (2A)”; and d after paragraph (4) insert— 5 Paragraph (4) does not apply if the failure to disclose the conviction related to a question asked when the conviction did not fall within paragraph (2A). . 3 In article 5 (exceptions from section 4(3) of the Act)— a in paragraph (2), for sub-paragraph (b) substitute— b a conviction which— i falls within paragraph (2A); and ii is not included in a higher level disclosure sent in connection with the profession, office, employment, occupation, decision or proposed decision to which the exception would otherwise apply. ; b after paragraph (2) insert— 2A A spent conviction falls within this paragraph if it is— a a conviction for an offence listed in schedule A1 and either— i the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of conviction; or ii the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction; or b a conviction for an offence listed in schedule B1 which is not a protected conviction. ; c in paragraph (4), for “for an offence listed in Schedule B1” substitute “which falls within paragraph (2A)”; and d after paragraph (4) insert— 5 Paragraph (4) does not apply if the failure to disclose the conviction related to a question asked when the conviction did not fall within paragraph (2A). . 4 The title of schedule A1 (offences which must always be disclosed) becomes “Offences which must be disclosed subject to exceptions”. 5 In schedule B1 (offences which are to be disclosed subject to rules) — a in paragraph 75, for “and” substitute “or”; and b in paragraph 81, omit sub-paragraph (c) and the word “and” immediately preceding it. MAREE TODD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th February 2018
Tribunals And Inquiries Citation, commencement and interpretation 1 1 These Regulations may be cited as the First-tier Tribunal for Scotland General Regulatory Chamber Charity Appeals Cases and Upper Tribunal for Scotland (Composition) Regulations 2018 and come into force on 12th January 2018. 2 In these Regulations— “Chamber President” means the Chamber President of the First-tier Tribunal; “Charity Appeals Case” means proceedings before the First-tier Tribunal for Scotland General Regulatory Chamber, when exercising the functions allocated to it by regulation 2(1) of the First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 ; and “First-tier Tribunal” means the First-tier Tribunal for Scotland General Regulatory Chamber. Composition of First-tier Tribunal 2 1 The First-tier Tribunal, when convened at the start of proceedings to decide any matter in a Charity Appeals Case, must consist of three members, one of whom must be a legal member who is to act as chairing member. 2 When convened in terms of paragraph (1), the two members other than the chairing member must be:— a two legal members; b a legal and an ordinary member; or c two ordinary members. 3 The authority to determine the composition of the First-tier Tribunal in respect of the alternative compositions referred to in paragraph (2) is delegated to the President of Tribunals, who may sub-delegate the authority to the Chamber President. Composition of Upper Tribunal hearing appeals from First-tier Tribunal 3 1 The Upper Tribunal, when deciding an appeal to the Upper Tribunal in a Charity Appeals Case decided by the First-tier Tribunal, must consist of— a a Court of Session judge, acting either alone or with another judicial member of the Upper Tribunal; b the President of Tribunals, acting either alone or with another judicial member of the Upper Tribunal; c the Lord President, acting either alone or with another judicial member of the Upper Tribunal; or d the Chamber President (except a temporary Chamber President), acting either alone or with another judicial member of the Upper Tribunal. 2 The Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal of the case to the Upper Tribunal. 3 In this regulation “judicial member of the Upper Tribunal” means a judge of the Court of Session. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th January 2018
Investigatory Powers Citation and commencement 1 This Order may be cited as the Regulation of Investigatory Powers (Covert Surveillance and Property Interference – Code of Practice) (Scotland) Order 2018 and comes into force on 28th February 2018. Revised code of practice – Covert Surveillance and Property Interference 2 1 This article applies to the code of practice entitled “Covert Surveillance and Property Interference” which— a relates to the exercise and performance of powers and duties conferred and imposed by and under the Regulation of Investigatory Powers (Scotland) Act 2000 in relation to the use of covert surveillance and Part III of the Police Act 1997 in relation to interference with property and wireless telegraphy; and b was issued by the Scottish Ministers on 11th December 2017. 2 The code of practice comes into force on 28th February 2018. Revocation 3 The Regulation of Investigatory Powers (Covert Surveillance and Property Interference – Code of Practice) (Scotland) Order 2015 is revoked. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 7th February 2018
Police Citation, commencement and interpretation 1 1 This Order may be cited as the Police Investigations and Review Commissioner (Application and Modification of the Criminal Justice (Scotland) Act 2016) Order 2017 and comes into force on 25th January 2018. 2 In this Order— “2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006; “2016 Act” means the Criminal Justice (Scotland) Act 2016 ; “investigations staff” means members of the Commissioner’s staff designated under paragraph 7B(1) of schedule 4 of the 2006 Act— to take charge of any investigation on behalf of the Commissioner; or to assist a member of the Commissioner’s staff designated to take charge of such an investigation, (and “member of the investigations staff” is to be construed accordingly). Application of the 2016 Act to investigations staff 2 1 Where a member of the investigations staff exercises any power or privilege of a constable in relation to an investigation carried out in pursuance of paragraph (b)(i) of section 33A of the 2006 Act, Chapters 1 to 6 of Part 1 and sections 54, 55, 57, 57B, 57C, 63, 64, 65, 66 and 68 of the 2016 Act apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland, subject to the modifications in paragraph (2) and articles 3 and 4. 2 For the purposes of paragraph (1), the reference in section 64 of the 2016 Act to a person arrested by a constable is to be read as including a person arrested by a member of the investigations staff. General modifications 3 In the provisions of the 2016 Act mentioned in article 2, references in column 1 of the table are, subject to the specific modifications in article 4, to be read in accordance with column 2— 1. Reference in the 2016 Act 2. How reference is to be read a constable a member of the investigations staff the rank of sergeant the grade of deputy senior investigator the rank of inspector the grade of senior investigator the rank of chief inspector the grade of head of investigations Specific modifications 4 Sections 33 (consent to interview without solicitor) and 42 (support for vulnerable persons) of the 2016 Act are to be read as if the references to “the police” included references to members of the investigations staff. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 21st December 2017
Children And Young Persons Citation and commencement 1 This Order may be cited as the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017 and comes into force on 19th March 2018. Relevant third party 2 For the purposes of section 3(1) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (applications for orders), a relevant third party is the chief constable of the Police Service of Scotland. ANGELA CONSTANCE A member of the Scottish Government St Andrew’s House, Edinburgh 19th December 2017
Proceeds Of Crime Citation and commencement 1 These Regulations may be cited as the Criminal Finances Act 2017 (Commencement) (Scotland) Regulations 2017 and come into force on 31st January 2018. Provisions which come into force on 31st January 2018 2 31st January 2018 is the day appointed for the coming into force of the following provisions of the Criminal Finances Act 2017:— a section 28 (seized money); b section 30 (money received by administrators); c section 32(4) (reconsideration of discharged orders); and d section 34(3) (confiscation orders and civil recovery: minor amendments). MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 19th December 2017
Sheriff Court Citation and commencement, etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Transfer from Lands Tribunal for Scotland) 2017. 2 It comes into force on 19th January 2018. 3 A certified copy is to be inserted in the Books of Sederunt. Amendment of the Summary Application Rules 1999 2 1 The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with this paragraph. 2 After Part XLIX (illegal working orders) of Chapter 3 (rules on applications under specific statutes) insert— PART L TRANSFERS FROM THE LANDS TRIBUNAL FOR SCOTLAND TO THE SHERIFF UNDER THE ELECTRONIC COMMUNICATIONS CODE Interpretation 3.50.1 In this Part “the Jurisdiction Regulations” means the Electronic Communications Code (Jurisdiction) Regulations 2017 . Transfer from Lands Tribunal for Scotland 3.50.2 1 On receipt of the documentation in proceedings which have been transferred from the Lands Tribunal for Scotland to the sheriff under regulation 5 of the Jurisdiction Regulations, the sheriff clerk must record the date of receipt on the first page of the documentation. 2 Within 7 days of receipt of the documentation referred to in paragraph (1), the sheriff may make such order as he or she thinks fit to secure, so far as practicable, that the cause thereafter proceeds in accordance with these Rules. 3 An order under paragraph (2) may include— a where the cause has not been intimated to the respondent before being transferred to the sheriff, an order for the applicant to make intimation of the cause to the respondent; b where no response has been lodged by the respondent in the cause, an order for answers to be lodged; c an order for a hearing to determine further procedure. . CJM SUTHERLAND Lord Justice General I.P.D. Edinburgh 20th December 2017
Criminal Procedure Citation and commencement 1 These Regulations may be cited as the Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 and come into force on 25th January 2018. Consequential and supplementary modifications of enactments 2 1 The schedule contains modifications of enactments consequential on and supplementary to the Criminal Justice (Scotland) Act 2016 (“the 2016 Act ”). 2 Paragraphs 1, 7, 12(2) and 13 to 18 of the schedule do not apply in respect of any matter arising from an arrest or detention of a person by a constable where— a the arrest or detention takes place before the appointed day; and b the person remains in police custody following that arrest or detention at the beginning of the appointed day. 3 In this regulation— “constable” means— a constable within the meaning given by section 62 of the 2016 Act; and a member of the staff of the Police Investigations and Review Commissioner designated under paragraph 7B of schedule 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 — to take charge of any investigation on behalf of the Commissioner; or to assist a member of the Commissioner’s staff designated to take charge of such an investigation; “detention” means detention under section 14 of the Criminal Procedure (Scotland) Act 1995 , and “detained” is to be construed accordingly; “the appointed day” means 25th January 2018. 4 For the purposes of this regulation, a person is in police custody from the time when the person is arrested or detained by a constable until any one of the events mentioned in paragraph (5) occurs. 5 The events are— a the person is released from custody; b the person is brought before a court in accordance with any enactment or rule of law or the terms of any warrant; c the Principal Reporter makes a direction under section 65(2)(b) of the Children’s Hearings (Scotland) Act 2011 that the person continue to be kept in a place of safety. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 14th December 2017
Fish Farming Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Citation, commencement and extent 1 1 This Order may be cited as the Education (Listed Bodies) (Scotland) Order 2018 and comes into force on 31st January 2018. 2 This Order extends to Scotland only. Listed bodies 2 The bodies listed in the schedule comprise all those bodies which appear to the Scottish Ministers to fall within section 216(3) of the Education Reform Act 1988. Revocation 3 The Education (Listed Bodies) (Scotland) Order 2007 and the Education (Listed Bodies) (Scotland) Amendment Order 2009 are revoked. S SOMERVILLE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th January 2018
International Immunities And Privileges Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the International Organisations (Immunities and Privileges) (Scotland) Order 2009 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Law Citation, commencement and interpretation 1 1 This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017 and comes into force on 30th March 2018. 2 In this Order— “the 2010 Act ” means the Criminal Justice and Licensing (Scotland) Act 2010. Commencement of section 179 (Premises licence applications: statements about disabled access etc ) of the 2010 Act 2 Section 179 of the 2010 Act comes into force on 30th March 2018. Saving provision 3 Notwithstanding the commencement of section 179 of the 2010 Act, an application for a premises licence received by a Licensing Board on or before 30th March 2018 and which has not been determined at that date shall proceed as if that section has not been commenced. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 13th December 2017