othertales/uklegislation huggingface dataset:
Arbitration Citation and interpretation 1 1 This Order may be cited as the Arbitration (Scotland) Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010. 2 In this Order— “ the Act ” means the Arbitration (Scotland) Act 2010; and “statutory arbitration” means arbitration pursuant to an enactment which provides for a dispute to be submitted to arbitration . Commencement 2 1 Subject to paragraph (2), the provisions of the Act not already in force come into force on 7th June 2010. 2 Those provisions of the Act do not come into force for the purposes of statutory arbitration, except for section 17 (power to adapt enactments providing for statutory arbitration) which comes into force for all purposes. Transitional provisions 3 1 The enactments amended or repealed by sections 23, 27 and 29 of the Act and any rule of law otherwise modified by any provisions of the Act continue to apply as they stood before that modification— a to legal proceedings relating to arbitration (whether or not an arbitration has begun) raised or depending before any court before 7th June 2010; b to statutory arbitration, before the Act is commenced for the purposes of statutory arbitration, and the provisions of the Act which would otherwise be applicable are not to apply. 4 In applying rule 47(2)(b) or (3)(d) (considerations applicable to the substance of the dispute) of the Scottish Arbitration Rules to an arbitration agreement made before 7th June 2010, that agreement is to have effect in accordance with the rules of law (including any conflict of law rules) as they stood immediately before that day. 5 1 Where an enactment provides for the date upon which arbitration begins for the purposes of that enactment, section 4(4)(b) of the Prescription and Limitation (Scotland) Act 1973 is to be read as if the reference to rule 1 of the Scottish Arbitration Rules is a reference to when arbitration begins under that enactment. 2 This article ceases to have effect on date on which the Act is commenced for the purposes of statutory arbitration. 6 For the purposes of section 36(9) of the Act, section 36 of the Act is deemed to come into force on 7th June 2010 in the application of the Act, except in respect of statutory arbitration. JIM MATHER Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th May 2010
Arbitration Citation and commencement 1 This Order may be cited as the Arbitral Appointments Referee (Scotland) Order 2010 and comes into force on 7th June 2010. Arbitral appointments referees 2 Each of the persons listed in the Schedule to this Order is authorised to act as an arbitral appointments referee, for the purposes of the Scottish Arbitration Rules as set out in schedule 1 to the Arbitration (Scotland) Act 2010. JIM MATHER Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th May 2010
National Health Service Citation and interpretation 1 This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 6) Order 2010. 2 In this Order— “ the Act ” means the Smoking, Health and Social Care (Scotland) Act 2005; and “the 1978 Act ” means the National Health Service (Scotland) Act 1978 . Appointed days 3 The days appointed for the coming into force of the following provisions of the Act are:— a 20th May 2010 for the provisions of the Act specified in column 1 of Schedule 1 to this Order but, those provisions shall only come into force on that date for the purpose specified in column 3 of that Schedule; and b 2nd July 2010 for the provisions of the Act specified; i in column 1 of Schedule 2 to this Order, in so far as those provisions are not already in force, but, where a particular purpose is specified in column 3 of that Schedule in relation to that provision, that provision shall only come into force for the purpose specified in that column; and ii in the Table of Repeals in Schedule 2. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th May 2010
Protection Of Vulnerable Adults Citation and commencement 1 These Regulations may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010 and come into force on the same day as section 44 of the Protection of Vulnerable Groups (Scotland) Act 2007. Interpretation 2 In these Regulations— “ the Act ” means the Protection of Vulnerable Groups (Scotland) Act 2007. Prescribed services 3 For the purposes of section 94(1)(b)(i) and (ii) of the Act, a prescribed service is a service provided by a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 which concerns the treatment, care and support of, and provision of advice and assistance to, individuals in relation to their health and well-being. 4 For the purposes of section 94(1)(b)(iii), (iv), (v) and (vi) of the Act, a prescribed service is a service provided by an independent health care service as defined by section 2(5) and section 77 of the Regulation of Care (Scotland) Act 2001 which concerns the treatment, care and support of, and provision of advice and assistance to, individuals in relation to their health and well-being. 5 For the purposes of section 94(1)(d) of the Act a prescribed welfare service is a welfare service that— a is provided in the course of work to one or more persons over the age of 16; b is delivered on behalf of an organisation; c requires training to be undertaken by the person delivering the service; d has a frequency and formality attached to the service; and e either— i requires a contract to be agreed between the service provider and the recipient of the service prior to the services being carried out; or ii is personalised to an individual’s needs. 6 Regulation 5 is to be read in conjunction with section 94(5) of the Act. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 21st April 2010
Animals Citation, commencement, extent and interpretation 1 1 This Order— a may be cited as the Poultry Compartments (Fees) (Scotland) Order 2010; b comes into force on 10th May 2010; and c extends to Scotland only. 2 Expressions used in the table in the Schedule to this Order that are also used in the Poultry Compartments (Scotland) Order 2010 shall have the same meaning as they have in that Order. Fees 2 The fees set out in the Schedule to this Order for inspections in connection with applications for approval of compartments made under the Poultry Compartments (Scotland) Order 2010 must be paid to the Scottish Ministers by the applicant within 30 days of completion of the relevant inspection. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 15th April 2010
Education Citation and commencement 1 This Order may be cited as the Additional Support for Learning (Appropriate Agencies) (Scotland) Amendment Order 2010 and shall come into force on 16th August 2010. Amendment of paragraph 2 of the Additional Support for Learning (Appropriate Agencies) (Scotland) Order 2005 2 For paragraph 2(c) of the Additional Support for Learning (Appropriate Agencies) (Scotland) Order 2005 (appropriate agencies) substitute— c The Skills Development Scotland Co. Limited . ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th April 2010
Criminal Law Citation, commencement and interpretation 1 1 This Order may be cited as the Stipendiary Magistrates (Scotland) Order 2010 and comes into force on 4th May 2010. 2 In this Order “ SMAC ” means a Stipendiary Magistrates Advisory Committee. Establishment of a SMAC 2 1 When the Scottish Ministers consider, on the advice of a sheriff principal, that it is necessary or expedient to appoint one or more stipendiary magistrates, they shall direct that sheriff principal to establish a SMAC. 2 A SMAC must be established by the sheriff principal of the sheriffdom for which the stipendiary magistrate or magistrates are to be appointed. 3 A SMAC may be established for a particular sheriffdom only. 4 A SMAC shall be disbanded once the stipendiary magistrate appointment or appointments identified in paragraph (1) have been filled. Advertisement of stipendiary magistrate vacancy 3 The Scottish Ministers must advertise a stipendiary magistrate vacancy in the Journal of the Law Society of Scotland and in the Scots Law Times, and after consulting the sheriff principal of the sheriffdom where the vacancy exists, may advertise it in such other manner as they consider appropriate. Membership of a SMAC 4 1 A SMAC shall comprise— a the sheriff principal of the sheriffdom for which the stipendiary magistrate or magistrates are be appointed; b the holder of a judicial office appointed by the sheriff principal; and c one other person appointed by the sheriff principal. 2 A person may not be appointed as a member of a SMAC if that person is— a a member of the House of Commons or the House of Lords; b a member of the Scottish Parliament; or c a local authority councillor. 3 A person shall cease to be a member of a SMAC if they become a person described in paragraph (2). 4 In the event of a vacancy arising in a SMAC the sheriff principal must appoint a successor. 5 The sheriff principal must be the convenor of a SMAC. 6 The sheriff principal may nominate the holder of a judicial office to sit as a member of a SMAC in his or her place, however such a nominee may not carry out the functions in paragraphs (1)(b) and (c) and (4) of appointing the other members of the SMAC. Role of SMAC 5 1 The role of a SMAC is to make recommendations to the Scottish Ministers on the appointment of stipendiary magistrates in relation to the sheriffdom for which that SMAC has been established. 2 A person may only be appointed as a stipendiary magistrate for a sheriffdom if that person has been recommended for appointment by a SMAC for that sheriffdom. 3 A SMAC must consider all applications submitted to it, and may interview any of the applicants. 4 Interviews must be conducted by all 3 members of the SMAC. 5 Where, after a recruitment process, a SMAC does not make any recommendation for appointment to the Scottish Ministers, the Scottish Ministers may re-advertise the vacancy or vacancies in accordance with article 3. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 8th April 2010
Town And Country Planning Citation, commencement and interpretation 1 1 These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010 and come into force on the day after the day on which they are made. 2 In these Regulations “the principal Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 . Amendment of the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 2 1 The principal Regulations are amended in accordance with paragraphs (2) to (6). 2 In regulation 12— a in paragraph (5)(b) for “£145” substitute “£160”; and b in paragraph (6) for “£290 for each dwellinghouse, subject to a maximum of £14,500” substitute “£319 for each dwellinghouse, subject to a maximum of £15,950”. 3 In regulation 13(1) for “£55” substitute “£61”. 4 In regulation 14(2) for “£145” substitute “£160”. 5 In the Schedule to the principal Regulations (fees in respect of applications and deemed applications for planning permission or for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle)— a for paragraph 2 substitute— 2 Subject to paragraphs 3 to 10, the fee payable under regulation 3 or regulation 10 for a category of development is to be calculated in accordance with the appropriate entry specified in column 2 of the Table and paragraphs 11 to 14. ; b in paragraphs 4(1), 5(2) and 5(3)(b) for “£290” substitute “£319”; c in paragraphs 6 and 7(b) for “£145” substitute “£160”; d in paragraph 10A for “8A” substitute “9”; e in paragraph 12(4) for “12” substitute “13”; and f in paragraph 14 for— i “£290” substitute “£319”; and ii “£6000” to the end of the paragraph substitute “£7,975”. 6 For the Table (and the heading thereto) contained in Part III (scales of fees etc ) of the Schedule to the principal Regulations substitute the Table (and the heading) contained in the Schedule to these Regulations. Savings 3 Notwithstanding the amendment of the principal Regulations by regulation 2, the principal Regulations shall continue to apply in respect to any application or deemed application referred to at regulation 1(2) of the principal Regulations made or deemed to be made before the date on which these Regulations come into force as they did immediately before these Regulations came into force. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 31st March 2010
Animals Citation, commencement and extent 1 This Order— a may be cited as the Poultry Compartments (Scotland) Order 2010; b comes into force on 10th May 2010; and c extends to Scotland only. Interpretation 2 In this Order— “administrative site” means premises in which documents or records relating to a production site are kept; “Commission Regulation” means Commission Regulation (EC) No. 616/2009 implementing Council Directive 2005/94/ EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments as amended from time to time; and “production site” means premises where poultry are kept for the purposes of breeding, rearing, fattening or egg production and which are the subject of an application under article 4. Competent authority 3 The Scottish Ministers are the competent authority for the purposes of the Commission Regulation. Applications 4 Applications for approval of compartments must be made in such form as the Scottish Ministers may require in accordance with the Commission Regulation. Powers of inspectors 5 1 An inspector may, for any purpose relating to this Order or to the Commission Regulation— a enter any administrative site, production site or compartment; b have access to, and inspect, any document or record; c remove and retain a copy of any document or record; d have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with a document or record; e where a document or record is kept by means of a computer, require the document or record to be produced in a form in which it may be taken away; and f be accompanied by ... any person the inspector considers necessary. 2 A person required to do anything by an inspector acting under paragraph (1) must, unless that person has reasonable cause, do so without delay. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh
Police Citation and interpretation 1 1 This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 3) Order 2010. 2 In this Order “ the Act ” means the Protection of Vulnerable Groups (Scotland) Act 2007. Appointed day 2 1 The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule is 18th April 2010. 2 The subject matter of each provision of the Act specified in column 1 of the Schedule is listed in column 2 of the Schedule. 3 Subject to paragraph (4), the provisions of the Act specified in column 1 of the Schedule come into force only for the purpose of making regulations or orders under the provision so specified. 4 Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force only for that purpose. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 25th March 2010
Representation Of The People Citation 1 This Order may be cited as the Scottish Local Government (Elections) Act 2009 (Commencement) Order 2010. Commencement 2 The day appointed for the coming into force of the Scottish Local Government (Elections) Act 2009, in so far as it is not already in force, is 30th April 2010. BRUCE CRAWFORD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th March 2010
Environmental Protection Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Designation of Directives 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children And Young Persons Citation and commencement 1 This Order may be cited as the Special Restrictions on Adoptions from Nepal (Scotland) Order 2010 and comes into force on 3rd May 2010. Declaration of special restrictions 2 Special restrictions apply in relation to the bringing of children into the United Kingdom from Nepal in the cases mentioned in section 62(2) of the Adoption and Children (Scotland) Act 2007. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th March 2010
Agriculture Citation and commencement 1 These Regulations may be cited as the Guar Gum (Restriction on First Placing on the Market) (Scotland) Revocation Regulations 2010 and come into force on 17th April 2010. Revocation 2 The Guar Gum (Restriction on First Placing on the Market) (Scotland) Regulations 2008 are revoked. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 15th April 2010
Education Citation and commencement 1 These Regulations may be cited as the Additional Support for Learning Dispute Resolution (Scotland) Amendment Regulations 2010 and come into force on 16th August 2010. Amendment to the Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 2 The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 are amended as follows. 3 In regulation 3 (application for referral to dispute resolution) in paragraph (1)— a for “education authority” substitute “Scottish Ministers”; and b after “matter,” insert— the Scottish Ministers must, within 5 working days of receipt of the application, refer the application to the appropriate education authority and . 4 In the Schedule (specified matters)— a in sub-paragraph 1(d) omit “or”; b after sub-paragraph 1(e) insert— f to refuse a request for an assessment or examination as referred to in section 8A(1) of the Act, or g as to the person, or to the means used, or to be used, to carry out the process of assessment or examination referred to in that section. ; and c in paragraph 2(a) after “person” insert— except where— i the additional support required is contained in a co-ordinated support plan prepared under section 9(1) of the Act; or ii the education authority have failed to comply with their duties under sections 12(6) and 13 of the Act; . ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th April 2010
Education Citation and commencement 1 This Order may be cited as the Additional Support for Learning (Sources of Information) (Scotland) Order 2010 and comes into force on 16th August 2010. Publication of information by education authority 2 For the purposes of section 26(2)(i) of the Education (Additional Support for Learning) (Scotland) Act 2004 (power to specify additional sources of information), the persons specified are— a Children In Scotland: Working for Children and Their Families, trading as “Enquire – the Scottish national advice service for additional support for learning”; and b The Scottish Independent Advocacy Alliance Limited. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th April 2010
Transport Citation and commencement 1 This Order may be cited as the National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Amendment Order 2010 and comes into force on whichever is the later of— a the day after the day on which it is made; or b 1st April 2010. Amendment of the National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Order 2006 2 1 The National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Order 2006 is amended as follows. 2 In article 2(1) (interpretation) in the definition of “reimbursement arrangements” omit “and (2)”. 3 For article 11(3) (information to be provided by operators) substitute— 3 An operator shall provide the Scottish Ministers with information as to— a the number of eligible persons carried; and b the boarding and alighting stage by shadow fare for each eligible person carried. . 4 For article 12(2) (reimbursement of operators) substitute— 2 Reimbursement of operators shall be calculated on the basis of the adult single fare for each eligible journey on an eligible service made by an eligible person. 2A The Scottish Ministers shall make reimbursement payments to operators at the reimbursement rate, within the capped level of funding specified for each financial year. 2B The capped level of funding is— a from the day on which this Order comes into force until 31st March 2011 a sum determined by the formula— £ 174 , 200 , 000 365 x ( 365 − X ) Where— X is the number of days from 1st April 2010 to the day on which this Order comes into force (inclusive of the day on which this Order comes into force); b for the financial year beginning on 1st April 2011 £180,000,000; and c for the financial year beginning on 1st April 2012 £187,000,000. 2C The reimbursement rate is 67% from the day on which this Order comes into force to the end of the financial year beginning on 1st April 2012. . 5 After article 12(7) insert— 8 In this article— “the capped level of funding” means the total amount available for reimbursement payments under article 13 in a financial year; and “reimbursement rate” means the percentage payable by the Scottish Ministers, of the adult single fare for each eligible journey on an eligible service made by an eligible person. . STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 31st March 2010