othertales/uklegislation huggingface dataset:
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. 8) (Scotland) Order 2005 and shall come into force at 1630 hours on 15th August 2005. 2 In this Order– a “scallops” means scallops of the species Pecten maximus ; and b “relevant time” means 0001 hours on 15th August 2005. 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. PAM WHITTLE A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 15th August 2005
HOUSING Citation, commencement and revocation 1 1 This Order may be cited as the Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Amendment Order 2005 and shall come into force on 1st July 2005. 2 The Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Amendment ( No. 2) Order 2004 is hereby revoked. Amendment to the Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Order 2003 2 At the end of paragraph 3 of Part I of the Schedule of the Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Order 2003 insert “, and, where the service so provided is a care service, the service is registered under the 2001 Act”. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 8th June 2005
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 This Order may be cited as the Financial Assistance for Environmental Purposes (Scotland) Order 2005 and shall come into force on 1st July 2005. 2 This Order extends to Scotland only. Variation of section 153(1) of the Environmental Protection Act 1990 2 Section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) is varied by adding after paragraph (tt)– uu the scheme known as the Bio-energy Infrastructure Scheme for Scotland. . LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th June 2005
BETTING, GAMING AND LOTTERIES Citation, commencement and extent 1 1 This Order may be cited as the Gaming Act (Variation of Fees) (Scotland) Order 2005 and shall come into force on 4th July 2005. 2 This Order extends to Scotland only. Variation of fees 2 The provisions of section 48 of the Gaming Act 1968 specified in column 1 of the Schedule to this Order (which relate to fees charged in relation to the matters mentioned in column 2 of that Schedule) shall have effect as if, for the references to the sums specified in those provisions (which by virtue of the Gaming Act (Variation of Fees) (Scotland) Order 2003 had effect immediately before the coming into force of this Order as if, for those references, there were substituted references to the sums specified in column 3 of that Schedule), there were substituted references to the sums specified in column 4 of that Schedule. Revocation 3 The Gaming Act (Variation of Fees) (Scotland) Order 2003 is hereby revoked. TAVISH SCOTT Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th June 2005
EDUCATION Citation and commencement 1 This Order may be cited as the Falkirk College of Further and Higher Education (Change of Name) Order 2005 and shall come into force on 1st August 2005. Change of name of Falkirk College of Further and Higher Education 2 The name of Falkirk College of Further and Higher Education is changed to Forth Valley College of Further and Higher Education, and the name of the board of management of that college is changed to the Board of Management of Forth Valley College of Further and Higher Education. JAMES R WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 6th June 2005
SEA FISHERIES Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Admittance of observers on board vessels 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of fines 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of British sea-fishery officers in relation to fishing boats 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of British sea-fishery officers on land 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of British sea fishery officers to seize fish and fishing gear 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of officers 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstruction of officers 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions as to offences 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Admissibility in evidence of logbooks and other documents 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FOOD Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements under the Council Decision 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement authorities 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements relating to the enforcement of any specified Community provision 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Open air runs 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishments producing free range and barn eggs 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking of eggs for hatching 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration authority 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping of records 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences and penalty 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to give assistance and provide information 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extended period for bringing prosecutions 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of various provisions of the Act 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PENSIONS Citation and commencement 1 These Regulations may be cited as the Local Government Pension Scheme (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 30th June 2005. Amendment to the Local Government Pension Scheme (Scotland) Regulations 1998 2 In the Local Government Pension Scheme (Scotland) Regulations 1998 :– a for paragraph 132(1) substitute the following– 1 Subject to paragraph (2) and (3A), until 30th June 2005, the Scheme applies to Scottish Homes and to persons who were employed by Scottish Homes as though Scottish Homes were a Scheme employer, and an administering authority, and it applies also to Scottish Homes and persons who were employed by the Scottish Special Housing Association but have not become employees of Scottish Homes as though Scottish Homes were an administering authority in respect of those persons. 1A On and after 1st July 2005, the Scheme applies to persons who were employed by Scottish Homes and persons who were employed by the Scottish Special Housing Association, but who have not become employees of Scottish Homes, as though the City of Edinburgh Council is the administering authority in respect of those persons and the pension fund maintained by Scottish Homes shall vest in the City of Edinburgh Council on 1st July 2005. 1B For the purposes of functions, duties and activities under these Regulations, to be exercised by the former employing authority on or after 1st July 2005 the former employing authority for persons who were employed by Scottish Homes or who were employed by the Scottish Special Housing Association is the Scottish Ministers. 1C Where the actuary determines, after having regard to the existing and prospective liabilities of the fund, that additional funding is necessary to maintain the solvency of the fund, then Scottish Ministers will make payments to the administering authority to maintain that solvency. 1D For the purposes of regulation (1C)– a the “actuary” is the actuary appointed by the administering authority; b the “administering authority” is the administering authority specified in paragraph (1A); and c the “fund” is that part of the fund maintained by the administering authority which is for the purpose of providing benefits to persons who were employed by Scottish Homes or the Scottish Special Housing Association. . b for paragraph 132(3) substitute the following– 3A Until 30th June 2005, regulation 90 shall not apply in respect of benefits payable under these Regulations out of the fund maintained by Scottish Homes. ; c at the end of Part II of Schedule 5 insert– 9 Former employee of Scottish Homes Fund maintained by City of Edinburgh Council 10 Former employee of the Scottish Special Housing Association Fund maintained by City of Edinburgh Council . TOM McCABE A member of the Scottish Executive St Andrew’s House, Edinburgh 7th June 2005
RATING AND VALUATION Citation, commencement and interpretation 1 1 This Order may be cited as the Non Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2005 and shall come into force on 1st July 2005. 2 Any reference in this Order to– a lands and heritages occupied by a person includes a reference to lands and heritages which, if unoccupied, are owned by that person; and b lands and heritages used for any purpose includes a reference to lands and heritages which are unused but in relation to which it appears that, when next used, they will be used for such a purpose. Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 2 The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 is amended in accordance with the following provisions of this Order. Gas 3 1 For paragraph (1) of article 4, substitute– 1 Any lands and heritages (other than the lands and heritages mentioned in paragraph (2)) which would (apart from this Order) be treated as justifying separate entries in two or more valuation rolls shall be treated for all purposes of the Valuation Acts as justifying only one entry in the valuation roll for West Dunbartonshire in respect of each Company, if they are occupied by that Company and used for any of the purposes of production, treatment, transmission, distribution or storage of gas, including plant and equipment installed therein or thereon and, without prejudice to the foregoing generality, gas terminals, gas research stations, pressure reduction stations, governor stations, holder stations, mains, services and radio stations, insofar as any of them is used for any of the foregoing purposes. . 2 In paragraph (3) of article 4, before ““gas”” insert– “Company” means either the company registered at the date of this Order with the number 02006000 and with the name of Transco plc, or the company registered at the date of this Order with the number SC 264065 and with the name of Scotland Gas Networks Limited, as the case may be; . TOM McCABE A member of the Scottish Executive St Andrew’s House, Edinburgh 7th June 2005
WILDLIFE Citation, commencement and extent 1 1 This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule) (Scotland) Order 2005 and shall come into force on 30th June 2005. 2 This Order extends to Scotland only. Variation of Schedule 9 2 The following plants are added to Part II of Schedule 9 to the Wildlife and Countryside Act 1981– Common name Scientific name Fanwort Cabomba caroliniana Hyacinth, water Eichhornia crassipes Lettuce, water Pistia stratiotes Salvinia, Giant Salvinia molesta Fern, Water Azolla filiculoides Parrot's-feather Myriophyllum aquaticum Pennywort, Floating Hydrocotyle ranunculoides Stonecrop, Australian swamp Crassula helmsii Waterweed, Curly Lagarosiphon major False-acacia Robinia pseudoacacia Fig, Hottentot Carpobrotus edulis Leek, Few-flowered Allium paradoxum Shallon Gaultheria shallon LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th June 2005
FOOD Citation and commencement 1 These Regulations may be cited as the Honey (Scotland) Amendment Regulations 2005 and shall come into force on 31st August 2005. Amendments to the Honey (Scotland) Regulations 2003 2 The Honey (Scotland) Regulations 2003 are amended in accordance with regulation 3. 3 In the Notes to Schedule 1– a in Note 1 for “and 6” substitute “, 6 and 7”; and b in Note 3(i) for “physicochemical” substitute “physico-chemical”. RHONA BRANKIN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th June 2005
CHARITIES Citation and commencement 1 This Order may be cited as the Charities (Designated Religious Bodies) (Scotland) Order 2005 and shall come into force on 1st July 2005. Designated Religious Bodies 2 For the purposes of section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, the Scottish Ministers hereby designate the United Free Church of Scotland as a recognised body. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 6th June 2005
EDUCATION Citation and commencement 1 This Order may be cited as the Additional Support for Learning (Appropriate Agencies) (Scotland) Order 2005 and shall come into force on 14th November 2005. Appropriate agencies 2 For the purposes of section 23(2) of the Education (Additional Support for Learning) (Scotland) Act 2005 (appropriate agencies whose help an education authority may request) the persons specified are– a fundable bodies within the meaning of section 6 of, and schedule 2 to, the Further and Higher Education (Scotland) Act 2005 ; b The Scottish Agricultural College; and c Scottish Enterprise and Highlands and Islands Enterprise (in relation to functions under sections 8 to 10A of the Employment and Training Act 1973 (careers services of education authorities and provision of ancillary goods and services)). EUAN MACFARLANE ROBSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th June 2005
SEA FISHERIES Citation and commencement 1 This Order may be cited as the Loch Crinan Scallops Several Fishery Order 2005 and shall come into force on 25th June 2005. Interpretation 2 In this Order– “the applicant” means Scallop Kings (1997) Limited, a company limited by guarantee and having its registered office at Linnet Cottage, Crinan, Lochgilphead, Argyll, PA31 8SW; “creel” means a basket, small cage, pot, receptacle or container with one or more openings or entrances which may be baited and is placed on the seabed for the purpose of catching shellfish; “the grantee” means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order; and “the fishery” means that part of the shore and bed of the sea at Loch Crinan, described in the Schedule to this Order. Right of several fishery 3 Subject to the following provisions of this Order, there is hereby conferred on the applicant for a period of 12 years beginning on the date on which this Order comes into force, the right of several fishery for scallops with respect to the whole of the area of the fishery. Restriction on harvesting 4 The right of several fishery conferred by article 3 is subject to the following restrictions– a the harvesting of scallops shall be carried out manually by divers; and b the applicant shall not permanently moor within the limits of the area of the fishery any boat or other floating structure used by it in exercising its right of several fishery and any boat or other floating structure so used shall be moved from the area of the several fishery at the conclusion of each operation. Permitted fishing implements 5 For the purposes of section 7(4)(a)(iii) of the Sea Fisheries (Shellfish) Act 1967, a creel is specified as an implement of fishing the use of which is permitted within the fishery. Assignation 6 The grantee shall not without the prior written consent of the Scottish Ministers (which consent may be given in electronic form) assign or in any other way transfer the right of several fishery to any other person. Marking of limits of fishery 7 The grantee shall cause to be clearly marked the limits of the fishery on the bed and on the surface of the sea and shall maintain the marks in position and in good repair. Rights of the Crown 8 Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with any land, or interest in land, or any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 2nd June 2005
EDUCATION Citation and commencement 1 This Order may be cited as the Adam Smith College, Fife (Establishment) Order 2005 and shall come into force on 1st August 2005. Establishment of The Adam Smith College, Fife 2 On 1st August 2005 there shall be established– a a new college of further education designated with the name “The Adam Smith College, Fife”; and b a body corporate of The Adam Smith College, Fife, to be known as “the Board of Management of The Adam Smith College, Fife”. JAMES WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 31st May 2005
ELECTRICITY Citation, commencement and extent 1 1 These Regulations may be cited as the Electricity (Applications for Consent) Amendment (Scotland) Regulations 2005 and shall come into force on 1st July 2005. 2 These Regulations shall extend to Scotland only. Amendment of Regulations 2 1 The Electricity (Applications for Consent) Regulations 1990 shall be amended as follows. 2 In regulation 3(1) (interpretation) after “these Regulations-” insert– “ EIA development” has the same meaning as set out in regulation 2(1) of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 ; . 3 In regulation 11(1) (fee payable on applications for consent) for the Table substitute– TABLE Subject matter of application for consent Fee 1 Overhead line with a total distance not exceeding 15 km which is not an EIA development £150.00 2 Overhead line with a total distance not exceeding 15 km which is an EIA development £2,000.00 3 Overhead line with a total distance– a exceeding 15 km but not exceeding 50 km £15,000.00 b exceeding 50 km but not exceeding 100 km £25,000.00 c exceeding 100 km £50,000.00 4 Construction or construction and operation of a generating station of megawatt capacity– a not exceeding 100 £15,000.00 b exceeding 100 but not exceeding 200 £20,000.00 c exceeding 200 but not exceeding 500 £30,000.00 d exceeding 500 £50,000.00 5 Extension or extension and operation of a generating station resulting in increase in megawatt capacity– a not exceeding 100 £15,000.00 b exceeding 100 but not exceeding 200 £20,000.00 c exceeding 200 but not exceeding 500 £30,000.00 d exceeding 500 £50,000.00 6 Extension of a nuclear generating station by retrofitting of emission control equipment £5,000.00 7 Any other extension of a generating station £1,000.00 8 Operation only or change to manner of operation of a generating station £1,000.00 . 4 In regulation 11(2) for “heads 3 to 7” substitute “heads 5 to 8”. ALLAN WILSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th May 2005
FOOD Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on import 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on placing on the market 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of various provisions of the Food Safety Act 1990 and sampling and analysis 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Destruction of illegal chilli, chilli products, curcuma or palm oil 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs of analysis, storage and destruction 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 4) (Scotland) Revocation Order 2005 and shall come into force at 1500 hours on 24th June 2005. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 4) (Scotland) Order 2005 is hereby revoked. P S COLLINGS A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 24th June 2005
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Medical treatment subject to safeguards) (Section 234) (Scotland) Regulations 2005 and shall come into force on 5th October 2005. 2 In these Regulations– “deep brain stimulation” means the focal modulation of the activity of specific brain regions by direct electrical stimulation delivered by electrodes which are stereotactically implanted in the brain and attached to a programmable control unit inserted in the chest which delivers electrical stimuli administered repeatedly, over an extended period. Specified medical treatment 2 The type of medical treatment specified for the purposes of section 234(2)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003 is deep brain stimulation. RHONA BRANKIN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th May 2005