othertales/uklegislation huggingface dataset:
Legal Profession Citation, commencement and interpretation 1 1 These Regulations may be cited as the Licensed Legal Services (Maximum Penalty and Interest in respect of Approved Regulators) (Scotland) Regulations 2012 and come into force on 2nd July 2012. 2 In these Regulations— “the Act” means the Legal Services (Scotland) Act 2010. Maximum amount of penalty imposed on an approved regulator 2 1 The maximum amount of penalty prescribed for the purpose of paragraph 2 of schedule 4 to the Act is the higher of— a an amount equal to 5 per cent of all income which the approved regulator derived from its regulatory functions under Part 2 of the Act in respect of its most recent accounting period; and b £10,000. 2 The income which the approved regulator derived from its regulatory functions for a particular accounting period is to be determined by reference to the audited accounts for that period. 3 The reference to the most recent accounting period in paragraph (1) is to the accounting period which ended most recently before the imposition of the financial penalty and for which audited accounts have been prepared. 4 In this regulation, “audited accounts” refers to the accounts of the approved regulator which have been drawn up in accordance with generally accepted accounting practice. Interest 3 The rate of interest prescribed for the purpose of paragraph 11 of schedule 4 to the Act is a rate equivalent to the base rate of the Bank of England from time to time plus 2 per cent. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th May 2012
Legal Profession Citation, commencement and interpretation 1 1 This Order may be cited as the Legal Services (Scotland) Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2012 and comes into force on 2nd July 2012. 2 In this Order— “the 2007 Act ” means the Legal Profession and Legal Aid (Scotland) Act 2007 ; and “ the Act ” means the Legal Services (Scotland) Act 2010. Appointed day 2 The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2), in so far as they are not already in force, is 2nd July 2012. Transitional provision – levies payable by licensed legal services providers 3 1 For the purposes of determining the amounts of the annual general levy and the complaints levy which are payable by a licensed provider to the Commission under section 57C of the 2007 Act (as inserted by section 81 of the Act) during the 2012-13 financial year— a the requirement in section 29(1) of the 2007 Act for the Commission to have had regard to any views expressed in its consultation under subsection (4) is to be construed as a requirement to have had regard to any views expressed in its consultation under sub-paragraph (b); b the Commission must consult— i the Scottish Ministers; and ii each approved regulator and all other bodies that the Scottish Ministers have advised the Commission as having an interest in applying to become approved regulators; c the Commission must publish— i the determination as soon as reasonably practicable; and ii the responses it has received under sub-paragraph (b) within two months of concluding the consultation with the exception of any responses that it has received which are subject to an express request in writing for confidentiality; d the Commission must, in so far as is reasonably practicable, secure that the amounts of the annual general levy and the complaints levy are reasonably sufficient to cover its anticipated expenditure during the 2012-13 financial year in respect of sections 57A (complaints about licensed providers) and 57B (regulatory complaints) of the 2007 Act; e section 29(4) to (10) of that Act does not apply. 2 In this article, “the annual general levy”, “the complaints levy” and “the Commission” have the meanings given to them in section 46(1) of the 2007 Act. Transitional provision – levies payable by approved regulators 4 For the purposes of section 80(4) of the Act, where the Commission is determining the amount of the annual levy or complaints levy for the 2012-13 financial year, it is only to be regarded as having consulted each approved regulator where it has consulted each approved regulator and all those other bodies that the Scottish Ministers have indicated to the Commission as having an interest in applying to become approved regulators. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th May 2012
Property Factors Citation and commencement 1 These Regulations may be cited as the Property Factors (Registration) (Scotland) Regulations 2012 and come into force on 1st July 2012. Interpretation 2 In these Regulations— “ the Act ” means the Property Factors (Scotland) Act 2011; “relevant person” means any person who is (or is to be) directly concerned with the control or governance of a property factor who is— trading as a sole trader; mentioned in section 3(2)(c) of the Act; or mentioned in section 3(8) of the Act; and “property” means— each dwelling house or flat, the owner (or common or joint owners) of which has (or have) a share in common parts of land referred to in section 2(1)(a) or (b) of the Act; and each residential property mentioned in section 2(1)(c) or (d) of the Act. Information to be specified in an application for registration as a property factor 3 An application for registration under section 3(1) of the Act must also specify— a any conviction of a relevant person relating to any offence involving a matter mentioned in section 5(2)(a) of the Act; b any court or tribunal judgment against a relevant person under the Equality Act 2010 or any of— i the Equal Pay Act 1970 ; ii the Sex Discrimination Act 1975 ; iii the Race Relations Act 1976 ; iv the Disability Discrimination Act 1995 ; v the Employment Equality (Sexual Orientation) Regulations 2003 ; vi the Employment Equality (Religion or Belief) Regulations 2003 ; and c in relation to a contravention by a relevant person of a provision mentioned in section 5(2)(c) of the Act— i any conviction of an offence; or ii any finding of a court or tribunal. Application for registration: criminal conviction certificate 4 The Scottish Ministers may require the applicant to provide a criminal conviction certificate (within the meaning of section 112 of the Police Act 1997 ) as evidence of the information in the application for registration under section 3(1) of the Act or if they have reasonable grounds to suspect that information provided under regulation 3(a) or (c)(i) is, or has become, inaccurate. Fees payable on application for registration as a property factor 5 1 The fees prescribed for the purposes of the Scottish Ministers determining fees under section 3(3)(b) of the Act (fees for application for registration) are— a where an applicant for registration acts, or expects to act, as a property factor in relation to 100 or fewer properties, the sum of £100; b where an applicant for registration acts, or expects to act, as a property factor in relation to more than 100 properties, the sum of £370. 2 The number of properties in relation to which an applicant acts, or expects to act, is determined as at the date of the submission of the application for registration. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th May 2012
Housing Citation, commencement and interpretation 1 1 This Order may be cited as the Private Rented Housing (Scotland) Act 2011 (Commencement No. 3) Order 2012 and comes into force on 30th June 2012. 2 In this Order “the 2011 Act ” means the Private Rented Housing (Scotland) Act 2011. Appointed day 2 1 Section 1 of the 2011 Act will come into force on 1st July 2012. 2 Section 4(a) of the 2011 Act, in so far as it is not already in force, will come into force on 1st July 2012. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh 17th May 2012
Fire And Rescue Services Citation and commencement 1 This Order may be cited as the Fire and Rescue Services (Framework) (Scotland) Order 2012 and comes into force on 29th June 2012. Framework document 2 The document prepared by the Scottish Ministers under section 40(1) of the Fire (Scotland) Act 2005 entitled “Transitional Fire and Rescue Framework for Scotland 2012” which was published in June 2012 has effect for the purposes of section 40(4) of that Act. Revocation 3 The Fire and Rescue Services (Framework) (Scotland) Order 2005 is revoked. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th May 2012
Road Traffic Citation, commencement and interpretation 1 1 These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (South Ayrshire Council Parking Area) Regulations 2012 and come into force on 1st September 2012. 2 In these Regulations— “the 1984 Act ” means the Road Traffic Regulation Act 1984; “the 1991 Act ” means the Road Traffic Act 1991 ; and “South Ayrshire council parking area” means the area designated as a permitted parking area and a special parking area by article 3 of the Road Traffic (Permitted Parking Area and Special Parking Area) (South Ayrshire Council) Designation Order 2012. Prescribed functions 2 1 All functions conferred on parking attendants by or under the enactments mentioned in paragraph (2) are prescribed for the purposes of section 63A(4) of the 1984 Act (wearing of uniforms by parking attendants when exercising prescribed functions) in its application to the South Ayrshire council parking area. 2 The enactments referred to in paragraph (1) are— a section 99 of the 1984 Act (removal of vehicles); b section 66(1) of the 1991 Act (issue of a penalty charge notice); and c section 69 of the 1991 Act (immobilisation of vehicles). KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th May 2012
Road Traffic Citation and commencement 1 These Regulations may be cited as the A823(M) Pitreavie Spur Trunk Road (Variable Speed Limits) Regulations 2012 and come into force on 1st September 2012. Interpretation 2 In these Regulations— “the 1995 Regulations ” means the Motorways Traffic (Scotland) Regulations 1995 ; “hard shoulder” means a part of the road which is adjacent to and situated on the left hand side of the carriageway, when facing in the direction in which vehicles may be driven in accordance with regulation 5 of the 1995 Regulations, and which is designed to take the weight of a vehicle; “national speed limit” means any prohibition imposed on a road by regulation 3 of the Motorways Traffic (Speed Limit) Regulations 1974 ; “relevant speed limit sign” means a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations and General Directions 2002 which is— displayed on a variable message sign which is situated over, on or near any part of a specified length of road; and directed at traffic, on the specified length of road being driven in accordance with regulation 5 of the 1995 Regulations; “road” includes the adjacent hard shoulder; “specified lengths of road” means any of the lengths of the road known as A823(M) Pitreavie Spur Trunk Road specified in the Schedule to these Regulations. Variable speed limits 3 1 A person must not drive a vehicle on a section of any of the specified lengths of road to which a variable speed limit applies at a speed exceeding the applicable variable speed limit. 2 The section of the specified length of road to which a variable speed limit applies is the section of the road— a beginning immediately after a relevant speed limit sign indicating a maximum speed limit other than the national speed limit; and b ending immediately after— i a relevant speed limit sign indicating that another maximum speed limit applies; or ii traffic signs mounted on the same post bearing the words “Variable Speed Limit” and “Ends”. 3 The applicable variable speed limit is the maximum speed limit indicated by the relevant speed limit sign referred to in paragraph (2)(a)— a when the vehicle passed that sign; or b if higher, the maximum speed limit indicated by that sign ten seconds before the vehicle passed it. 4 For the purposes of this regulation the relevant speed limit sign is to be taken as not indicating any maximum speed limit if, ten seconds before the vehicle passed it, the sign had not indicated any maximum speed limit. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th May 2012
Road Traffic Citation and commencement 1 This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (South Ayrshire Council) Designation Order 2012 and comes into force on 1st September 2012. Interpretation 2 In this Order— “the 1984 Act ” means the Road Traffic Regulation Act 1984 ; “the 1991 Act ” means the Road Traffic Act 1991; and “the parking area” means the area designated as a permitted parking area and a special parking area by article 3. Designation as permitted parking area and special parking area 3 That part of the South Ayrshire local government area specified in Schedule 1 is designated as— a a permitted parking area; and b a special parking area. Modifications and application of Part II of the 1991 Act 4 Sections 66, 69 to 74, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area subject to the modifications specified in Schedule 2. 5 The 1984 Act is modified in relation to the parking area as specified in Schedule 3. Consequential modification 6 In relation to a parking adjudicator appointed under section 73(3) of the 1991 Act by virtue of this Order, the reference in paragraph 40(b) of Schedule 1 to the Tribunals and Inquiries Act 1992 to a parking adjudicator appointed under section 73(3)(a) of the 1991 Act shall be construed as if it were a reference to a parking adjudicator appointed under section 73(3) of that Act by virtue of this Order. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th May 2012
Property Factors Citation and commencement 1 This Order may be cited as the Property Factors (Scotland) Act 2011 (Commencement No. 2 and Transitional) Order 2012 and comes into force on 1st July 2012. Appointed day 2 1 The day appointed for the coming into force of the provisions of the Property Factors (Scotland) Act 2011 (“ the Act ”) specified in column 1 of the Schedule to this Order (the subject matter of which is described in column 2 of the Schedule) is 1st July 2012. 2 Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force on 1st July 2012 for that purpose only. Transitional 3 A person is not guilty of an offence under section 12(1) of the Act (operating as a property factor without registration) where— a the person is not operating as a property factor on 1st July 2012, but is so operating on 1st October 2012 having made an application for entry in the register ; and b the application has not yet been determined by the Scottish Ministers under section 4 of the Act. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th May 2012
Road Traffic Citation and commencement 1 This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (East Ayrshire Council) Designation Order 2012 and comes into force on 1st July 2012. Interpretation 2 In this Order— “the 1984 Act ” means the Road Traffic Regulation Act 1984 ; “the 1991 Act ” means the Road Traffic Act 1991; and “the parking area” means the area designated as a permitted parking area and a special parking area by article 3. Designation as permitted parking area and special parking area 3 That part of the East Ayrshire local government area specified in Schedule 1 is designated as— a a permitted parking area; and b a special parking area. Modifications and application of Part II of the 1991 Act 4 Sections 66, 69 to 74, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area subject to the modifications specified in Schedule 2. 5 The 1984 Act is modified in relation to the parking area as specified in Schedule 3. Consequential modification 6 In relation to a parking adjudicator appointed under section 73(3) of the 1991 Act by virtue of this Order, the reference in paragraph 40(b) of Schedule 1 to the Tribunals and Inquiries Act 1992 to a parking adjudicator appointed under section 73(3)(a) of the 1991 Act shall be construed as if it were a reference to a parking adjudicator appointed under section 73(3) of that Act by virtue of this Order. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th May 2012
Public Health Citation, commencement and interpretation 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Dalgety Bay) (Scotland) Order 2012 and comes into force at 1500 hours on 9th May 2012. 2 In this Order, “relevant time” means the time this Order comes into force. Designated circumstances 2 In the opinion of the Scottish Ministers, fish in the area designated in article 3 below may be affected by fragments of radioactive contaminated waste material containing radium 226 and its daughter radionuclides, and if consumed is likely to create a hazard to human health. Designated area 3 The area described in the Schedule to this Order is designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated area 4 No person is to fish for or take any fish in the designated area. Prohibited movement of fish 5 No person is to move any fish out of the designated area. Restrictions 6 No person is to— a use any fish taken out of the designated area after the relevant time in the preparation or processing for supply of food or anything from which food could be derived; b land any fish which was in waters in the designated area after the relevant time; c supply, or have in possession for supply, any fish which was 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. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 8th May 2012
Animals Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Animal By-Products (Enforcement) (Scotland) Regulations 2011 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health Citation and commencement 1 These Rules may be cited as the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012 and come into force on 1st June 2012. Amendment of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 2 For rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 substitute— Power to decide a case without a hearing 58 1 The Tribunal may decide the case without a hearing where the following conditions are met— a the Tribunal considers that, having regard to the nature of the issues raised in the case, sufficient evidence is available to enable it to come to a decision without a hearing; b to do so will not, in the view of the Tribunal, be contrary to the interests of the patient; c the Tribunal has, as soon as reasonably practicable, given notice to those persons who require to be afforded the opportunity of making representations or of leading or producing evidence of its proposal to dispense with oral representations and oral evidence; d the patient has not applied for oral representations or oral evidence to be heard; e no other person notified under sub-paragraph (c) has, in the opinion of the Tribunal, shown cause why oral representations or oral evidence should be heard; and f no application from a person who appears to the Tribunal to have an interest in the proceedings has, in the opinion of the Tribunal, shown cause why oral representations or oral evidence should be heard. 2 The notice referred to in paragraph (1)(c) shall state— a that the Tribunal proposes to invoke this rule; b that an application from the patient for oral representations or oral evidence to be heard will be granted; c that the Tribunal will consider applications for oral representations or oral evidence to be heard from those persons who require to be afforded the opportunity of making representations or of leading or producing evidence; d the latest date by which such applications must be made to the Tribunal; and e that the patient is entitled to have access to independent advocacy as provided under section 259 of the Act. 3 Applications— a from the patient must be in writing; and b from other persons must be in writing and give reasons why oral representations or oral evidence should be heard. 4 The Tribunal shall, as soon as reasonably practicable, notify those persons who require to be afforded the opportunity of making representations or of leading or producing evidence and any other person who has made an application under this rule as to whether there is to be a hearing or not. MICHAEL MATHESON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th April 2012
Road Traffic Citation, commencement and interpretation 1 1 These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (East Ayrshire Council Parking Area) Regulations 2012 and come into force on 1st July 2012. 2 In these Regulations— “the 1984 Act ” means the Road Traffic Regulation Act 1984; “the 1991 Act ” means the Road Traffic Act 1991 ; and “East Ayrshire council parking area” means the area designated as a permitted parking area and a special parking area by article 3 of the Road Traffic (Permitted Parking Area and Special Parking Area) (East Ayrshire Council) Designation Order 2012. Prescribed functions 2 1 All functions conferred on parking attendants by or under the enactments mentioned in paragraph (2) are prescribed for the purposes of section 63A(4) of the 1984 Act (wearing of uniforms by parking attendants when exercising prescribed functions) in its application to the East Ayrshire council parking area. 2 The enactments referred to in paragraph (1) are— a section 99 of the 1984 Act (removal of vehicles); b section 66(1) of the 1991 Act (issue of a penalty charge notice); and c section 69 of the 1991 Act (immobilisation of vehicles). KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th May 2012
Education Citation and commencement 1 These Regulations may be cited as the Education (Provision of Information as to Schools) (Scotland) Revocation Regulations 2012 and come into force on 30th May 2012. Revocation 2 The Regulations set out in column 1 of the Schedule to these Regulations are revoked to the extent specified in the corresponding entry relating to those Regulations in column 3 of that Schedule. ALASDAIR ALLAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 25th April 2012