othertales/uklegislation huggingface dataset:
Criminal Procedure Citation and commencement 1 This Order may be cited as the Criminal Justice (Scotland) Act 2016 (Commencement No. 6 and Transitional Provision) Order 2019 and comes into force on 10 January 2020. Interpretation 2 In this Order— “the 2016 Act” means the Criminal Justice (Scotland) Act 2016, “the appointed day” means the day appointed by article 3. Appointed day 3 10 January 2020 is the day appointed for the coming into force of the following provisions of the 2016 Act— a section 42 (support for vulnerable persons), b section 102 (recommendations from quality assessor and training provider), and c section 103 (duty to ensure quality assessment takes place). Transitional provision 4 Section 42 of the 2016 Act only applies to persons arrested by a constable on or after the appointed day. H YOUSAF A member of the Scottish Government St Andrew’s House Edinburgh 31st October 2019
Public Service Pensions Citation, commencement and effect 1 1 These Regulations may be cited as the Firefighters’ Pension Scheme (Scotland) Amendment Regulations 2019. 2 These Regulations come into force on 10 December 2019 and have effect from 1 April 2015. Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015 2 1 The Firefighters’ Pension Scheme (Scotland) Regulations 2015 are amended in accordance with paragraph 2(2). 2 In paragraph 45 of schedule 2 (acceptance of club transfer value payments) after “relates to a member’s final salary benefit” insert “, apart from a payment from the 1992 Scheme as that scheme has effect in England, Wales and Northern Ireland,”. KATE FORBES Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th October 2019
Tribunals And Inquiries Citation and commencement 1 These Regulations may be cited as the Scottish Tribunals (Listed Tribunals) Regulations 2019 and come into force on 7 November 2019. Amendment of the Tribunals (Scotland) Act 2014 2 1 Schedule 1 of the Tribunals (Scotland) Act 2014 is amended as follows. 2 In Part 1, after paragraph 9 insert— 9A A Bus Lane Adjudicator . 3 In Part 2— a in paragraph 13, after sub-paragraph (9), insert— 9A The entry in paragraph 9A relates to the functions exercisable by a bus lane adjudicator by virtue of Parts 4 and 5 of the Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011 . , b in paragraph 13(9), omit “and 73(3)” and insert “, 73(3) and paragraph 5(2) of schedule 6”. ASH DENHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th October 2019
Exiting The European Union Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to fisheries 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stowage of gear 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children And Young Persons Citation, commencement and interpretation 1 1 These Regulations may be cited as the Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 1 and Transitory Provision) Regulations 2019 and come into force on 29 November 2019. 2 In these Regulations “the Act” means the Age of Criminal Responsibility (Scotland) Act 2019. Appointed day 2 Subject to regulation 3, 29 November 2019 is the day appointed for the coming into force of the following provisions in the Act— a section 3 (no referral of child under 12 to children’s hearing on offence ground), b section 27 (provision of information to persons affected by child’s behaviour). Transitory Provision 3 Until such time as section 1 of the Act is commenced (raising the age of criminal responsibility), paragraph (a) of section 3 of the Act is to be read as if “before the day on which section 1 came into force” was omitted. MAREE TODD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th October 2019
Environmental Protection Citation, commencement and extent 1 1 These Regulations may be cited as the Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019 and come into force on the day after the day on which they are made. 2 These Regulations extend to Scotland only. Amendment of the Environmental Protection Act 1990 2 In section 57 (power of Secretary of State to require waste to be accepted, treated, disposed of or delivered) of the Environmental Protection Act 1990 — a in subsection (1), for “the holder of any waste management licence” substitute “any waste management operator”, b after subsection (3), insert— 3A A direction under subsection (1) may only be given for the purpose of protecting the environment or human health. , c for subsection (8) substitute— 8 In this section— a “authorisation” includes— i any authorisation, permit, licence, registration or notification; ii an exemption (whether or not subject to conditions or limitations) from a requirement to have or make an authorisation, permit, licence, registration or notification; iii a requirement to comply with general binding rules, conditions or limitations; b “specified” means specified in a direction under this section; c “waste management operation” means the deposit, disposal, management, recovery or treatment of waste; d “waste management operator” means a person— i to whom an authorisation to carry on a waste management operation has been granted or transferred; or ii carrying on a waste management operation in accordance with an authorisation. . ROSEANNA CUNNINGHAM A member of the Scottish Government St Andrew’s House, Edinburgh 22nd October 2019
Court Of Session Citation and commencement etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 2019. 2 It comes into force on exit day. 3 A certified copy is to be inserted in the Books of Sederunt. Amendment of the Rules of the Court of Session 1994 2 1 The Rules of the Court of Session 1994 are amended in accordance with this paragraph. 2 After Chapter 107 (Counter-Terrorism and Security Act 2015 – Temporary Exclusion Orders) , insert— CHAPTER 108 CHALLENGES TO VALIDITY OF EU INSTRUMENTS (EU EXIT) Interpretation and application 108 1 In this Chapter— “ the 2019 Regulations ” means the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 ; “ EU instrument ” has the meaning provided in schedule 1 of the Interpretation Act 1978 ; “ TFEU ” means the Treaty on the Functioning of the European Union including the Protocols thereto ; “ the proceedings ” means any proceedings to which regulation 3 of the 2019 Regulations applies; “ the relevant UK authorities ” has the meaning provided by regulation 2 of the 2019 Regulations. 2 This Chapter applies to challenges to the validity of an EU instrument, as provided for by regulation 3 of the 2019 Regulations. Declarations from the court that an EU instrument was invalid – notices 108 Where a party to the proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before IP completion day , or the court is considering whether to make such a declaration at its own instance in the proceedings— a notice in Form 108.2-A is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made— i by the party seeking the declaration; or ii by the clerk of court, as the case may be; and b where notice is given by the party seeking the declaration, the party must lodge a certificate of notification in process. 108 Where any of the relevant UK authorities wish to be joined as a party to the proceedings they must serve notice in Form 108.3-A to that effect on the Deputy Principal Clerk of Session and must serve a copy of the notice on all other parties in the proceedings. . 3 In the appendix (forms), after Form 106.12 (form of certificate of sending of documents to chief constable) , insert Forms 108.2-A and 108.3-A set out in the schedule of this Act of Sederunt. CJM SUTHERLAND Lord President I.P.D. Edinburgh
Sheriff Appeal Court Citation and commencement etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 2019. 2 It comes into force on exit day. 3 A certified copy is to be inserted in the Books of Sederunt. Interpretation 2 1 In this Act of Sederunt— “the 2019 Regulations” means the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 ; “the clerk of court” means the sheriff clerk or, as regards proceedings before the Sheriff Appeal Court, the Clerk of the Sheriff Appeal Court; “the court” means the Sheriff Appeal Court or the sheriff, as the case may be; “EU instrument” has the meaning provided in schedule 1 of the Interpretation Act 1978 ; “TFEU” means the Treaty on the Functioning of the European Union including the Protocols thereto ; “the proceedings” means any proceedings to which regulation 3 of the 2019 Regulations applies; “the relevant UK authorities” has the meaning provided by regulation 2 of the 2019 Regulations. 2 A reference in this Act of Sederunt to a Form is a reference to that Form in the schedule. Application 3 This Act of Sederunt applies to challenges to the validity of an EU instrument, as provided for by regulation 3 of the 2019 Regulations, in proceedings before the court. Declarations from the court that an EU instrument was invalid – notices 4 1 Where a party to the proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before IP completion day or the court is considering whether to make such a declaration at its own instance in the proceedings— a notice in Form 1 is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made— i by the party seeking the declaration; or ii by the clerk of court, as the case may be; and b where notice is given by the party seeking the declaration, the party must lodge a certificate of notification in process. 2 Where any of the relevant UK authorities wish to be joined as a party to the proceedings they must serve notice in Form 2 to that effect on the clerk of court and are to serve a copy of the notice on all other parties in the proceedings. CJM SUTHERLAND Lord President Edinburgh I.P.D.
Council Tax Citation and commencement 1 These Regulations may be cited as the Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2019 and come into force on 26 November 2019. Amendment of the Council Tax Reduction (Scotland) Regulations 2012 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 3 The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 are amended in accordance with paragraphs (a) and (b)— a in schedule 3 (sums to be disregarded in the calculation of income other than earnings), after paragraph 23 insert— 24 Any payment or interest on a payment made under, or in connection with, the Windrush Compensation Scheme administered by the Home Office. , and b in schedule 4 (capital to be disregarded)— i in paragraph 21 (disregard of payments related to benefit arrears) , after sub-paragraph (2)(i) insert— ia maternity allowance under section 35 of the 1992 Act, , ii after paragraph 30E insert— 30F Any payment or interest on a payment made under, or in connection with, the Windrush Compensation Scheme administered by the Home Office . . KATE FORBES Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh
High Court Of Justiciary Citation and commencement, etc. 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2019. 2 It comes into force on 13th November 2019. 3 A certified copy is to be inserted in the Books of Adjournal. Amendment of the Criminal Procedure Rules 1996 2 1 The Criminal Procedure Rules 1996 are amended in accordance with this paragraph. 2 In Chapter 14 (procedure at trial in solemn proceedings) in rule 14.1A(1) (minimum number of jurors for balloting jury) for “in the court” substitute “, whether in the courtroom in which the trial is to proceed or assembled elsewhere within the court building,”. 3 In Chapter 33 (legal aid) — a in the cross-heading of rule 33.6 (intimation of appointment of solicitor by court in proceedings in respect of sexual offence) for “ proceedings in respect of sexual offence ” substitute “ certain proceedings ”; b in rule 33.6 for “proceedings in respect of sexual offence” substitute “such cases”. CJM SUTHERLAND Lord Justice General I.P.D. Edinburgh 10th October 2019
Social Security Citation, commencement and interpretation 1 1 This Order may be cited as the Social Security (Switzerland) (Citizens’ Rights Agreement) (Further provision in respect of Scotland) Order 2019 and comes into force on the occurrence of the later of the events in paragraph (2). 2 The events are— a immediately after the Social Security (Amendment) (EU Exit) Regulations 2019 having come into force, and b the earlier of the following— i the first day of the second month following the date of receipt of the later of the notifications referred to in Article 36(2)(b) of the Citizens’ Rights Agreement set out in the schedule of the 2019 Order, and ii the specified date referred to in Article 36(3)(a) of the Switzerland Citizens’ Rights Agreement set out in the schedule of the 2019 Order . 3 In this Order “the 2019 Order” means the Social Security (Switzerland) (Citizens’ Rights Agreement) Order 2019 . Application of article 2 of the 2019 Order 2 Paragraphs (1) and (2) of article 2 of the 2019 Order (modification of legislation) apply insofar as— a it is within the legislative competence of the Scottish Parliament to make the modification paragraph (1) of article 2 of that Order describes, and b that modification is not made by that Order. Ceri King Deputy Clerk of the Privy Council
Social Security Citation, commencement and interpretation 1 1 This Order may be cited as the Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) (Further provision in respect of Scotland) Order 2019 and comes into force on the occurrence of the later of the events in paragraph (2). 2 The events are— a immediately after the Social Security (Amendment) (EU Exit) Regulations 2019 having come into force, and b the earlier of the following— i the requirements of Article 43(3) of the EEA Citizens’ Rights Agreement as set out in the schedule of the 2019 Order having been met, and ii the requirements of Article 43(5) of the EEA Citizens’ Rights Agreement as set out in the schedule of the 2019 Order having been met. 3 In this Order “the 2019 Order” means the Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order 2019 . Application of article 2 of the 2019 Order 2 Paragraphs (1) and (2) of article 2 of the 2019 Order (modification of legislation) apply insofar as— a it is within the legislative competence of the Scottish Parliament to make the modification paragraph (1) of article 2 of that Order describes, and b that modification is not made by that Order. Ceri King Deputy Clerk of the Privy Council
Housing Citation and commencement 1 This Order may be cited as the Homelessness etc. (Scotland) Act 2003 (Commencement No. 4) Order 2019 and comes into force on 7 November 2019. Appointed day 2 The day appointed for the coming into force of sections 4 (inquiries as to intentional homelessness) and 8 (power to modify section 33 of the 1987 Act) of the Homelessness etc. (Scotland) Act 2003 is 7 November 2019. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th October 2019
Criminal Law Citation and commencement 1 These Regulations may be cited as the Historical Sexual Offences (Disregarded Convictions and Official Records) (Scotland) Regulations 2019 and come into force on 15 October 2019. Interpretation 2 In these Regulations— “annotation” means recording that the conviction has been disregarded and that the individual is to be treated for all purposes as someone who has not committed the offence, “deletion” means physical removal from the official records, “redaction” means physical blocking in the official records in a manner so the information cannot be read. Removal of disregarded convictions from official records 3 References to disregarded convictions are to be removed by a relevant record keeper from official records by— a deletion, b redaction, or c annotation. Relevant record keepers 4 The following are specified for the purposes of section 10(5) of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 as relevant record keepers— a The Crown Office and Procurator Fiscal Service, b The Chief Constable of the Police Service of Scotland, c The Scottish Courts and Tribunals Service, and d The Scottish Ministers acting in their capacity as the holder of official records maintained by Disclosure Scotland with regard to their functions under the Protection of Vulnerable Groups (Scotland) Act 2007 . H YOUSAF A member of the Scottish Government St Andrew’s House, Edinburgh 2nd October 2019
Town And Country Planning Citation, commencement and interpretation 1 1 These Regulations may be cited as the Planning (Scotland) Act 2019 (Commencement No. 1) Regulations 2019 and come into force on 8 November 2019. 2 In these Regulations— “the Act” means the Planning (Scotland) Act 2019, and “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997 . Appointed day 2 1 Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table) is 8 November 2019. 2 Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 8 November 2019 only for that purpose. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd October 2019
Road Traffic Citation, commencement and interpretation. 1 1 These Regulations may be cited as the M8 Motorway (Junction 29A Off Slip Road) (40mph Speed Limit) Regulations 2019 and come into force on 29 November 2019. 2 In these Regulations “M8 Motorway” means the M8/A8 Edinburgh-Greenock Trunk Road. Speed limit 2 A person must not drive any motor vehicle at a speed exceeding 40 miles per hour on the length of the M8 Motorway specified in the schedule. Exemption 3 The speed limit imposed by regulation 2 does not apply to any— a vehicle falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those Regulations, b vehicle used for the purposes of Her Majesty’s Coastguard in an emergency. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 2nd October 2019
Road Traffic Citation and commencement 1 These Regulations may be cited as the Environmental Impact Assessment (Transport) (Scotland) Regulations 2019 and come into force on 7 December 2019. Amendment of the Roads (Scotland) Act 1984 2 1 The Roads (Scotland) Act 1984 is amended as follows. 2 In section 20B(3)(b) (environmental impact assessment), at the end insert “, as amended by Regulation (EU) 2019/1010 ”. 3 In section 20C (environmental impact assessment report)— a in subsection (2), for “shall” substitute “must”, b in subsection (3), at the beginning of paragraph (a) insert “in all cases”. 4 In section 55A(14) (environmental assessment of certain road improvement projects), for “in accordance with subsection (13)” substitute “relating to the EIA report and such supplementary information is reasonably required to give proper consideration to the likely environmental effects of the project”. Amendment of the Transport and Works (Scotland) Act 2007 3 1 The Transport and Works (Scotland) Act 2007 is amended as follows. 2 In section 4(7) (applications), for “85/337/EEC, as amended by Council Directive 97/11/EC ” substitute “2011/92/EU , as amended by Council Directive 2014/52/EU ”. 3 In section 5(3), for “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” substitute “EEA Agreement”. Amendment of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 4 1 The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 are amended as follows. 2 In rule 2(1) (interpretation) in the definitions of— a “the Directive”, at the end insert “, as amended by Council Directive 2014/52/EU ”, b “EEA State”, for “agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time” substitute “EEA Agreement”. 3 In rule 2A(3)(b), at the end insert “, as amended by Regulation (EU) 2019/1010”. 4 In rule 5(3) (EIA application and screening decision), in each place it appears for “these Rules” substitute “rules 2A, 3(3) and (4), 4 to 6, 8(2)(h) and (i), 9, 11(4) and (7)(d), 12(10) to (12), 14 to 15A, 26(2), schedule 1, and paragraphs 3 to 10, 11A, 12 (as it applies to paragraph 11A), 12A, 16(f), 19, 20 (as it applies to paragraph 19), 21 (as it applies to paragraph 11A), 30, 31, 33 (except for the reference to paragraph 29 in paragraph 33) and 35(2) of schedule 5”. 5 In rule 12(11) (publicity for application)— a after “that” insert a new sub-paragraph “(a)”, b at the end insert— , and b publish a copy of the EIA report on that website. . MICHAEL MATHESON A member of the Scottish Government St Andrew’s House Edinburgh 9th October 2019
Human Tissue Citation, commencement and interpretation 1 1 These Regulations may be cited as the Human Tissue (Authorisation) (Scotland) Act 2019 (Commencement No. 1) Regulations 2019 and come into force on 11 October 2019. 2 In these Regulations “the 2006 Act” means the Human Tissue (Scotland) Act 2006 . Appointed day 2 11 October 2019 is the day appointed for the coming into force of the following provisions of the Human Tissue (Authorisation) Scotland Act 2019— a section 1 (overview of act), b section 7 (deemed authorisation for transplantation as respects adult) but only so far as is necessary to enable the Scottish Ministers to— i consult under section 6D(6) (excepted body part) of the 2006 Act, and ii make regulations under section 6D(5) of the 2006 Act, and c section 23 (pre-death procedures relating to transplantation) but only so far as is necessary to enable the Scottish Ministers to— i consult under section 16B(4) (Type A procedures) of the 2006 Act, ii make regulations under section 16B(1) of the 2006 Act, iii consult under section 16C(4) (Type B procedures) of the 2006 Act, and iv make regulations under 16C(1) of the 2006 Act. JOE FITZPATRICK Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th September 2019
Environmental Protection Citation and Commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Specification 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .