othertales/uklegislation huggingface dataset:
Community Empowerment Citation and commencement 1 These Regulations may be cited as the Community Empowerment (Registers of Land) (Scotland) Regulations 2016 and come into force on 23rd January 2017. Land not included in registers of land 2 1 The land that a relevant authority need not include in the register of land established and maintained under section 94(1) of the Community Empowerment (Scotland) Act 2015 is— a any road (within the meaning given by section 151 of the Roads (Scotland) Act 1984 and including any road described in section 151(3) ); b i any underground tunnel or chamber forming part of an underground tunnelled railway system, including any station platform; and ii any other land forming part of, or use of which is ancillary to the operation of, such a railway system, including any station, kiosk, stairs and escalators; c any operational canal, including— i any associated embankment, towpath or dock (which includes a pier, harbour, quay, wharf or jetty); ii any associated cuttings, tunnels, aqueducts or bridges; iii any associated reservoirs, feeders, sluices or weirs; and iv any other land use of which is ancillary to the operation of the canal; d any bus station or associated facilities (within the meaning given by section 83(5) of the Transport Act 1985 ); i house (within the meaning given by section 165 of the Housing (Scotland) Act 2010 ); and ii lodging-house or hostel which is operated on a non-commercial basis, other than a house, lodging-house or hostel which is surplus to the requirements of a relevant authority; e any— i controlled reservoir in respect of which a non-disclosure notice has been served under article 3 of the Reservoirs (Scotland) Act 2011 (Restrictions on Disclosure of Information in relation to National Security etc. ) Order 2015 ; ii land used for the purpose of abstraction, treatment, storage or distribution of drinking water; iii land used for the purpose of collection, treatment or discharge of waste water; and iv other land the use of which is ancillary to a use referred to in head (ii) or (iii); f any— i land solely or mainly occupied by a mast to which there is attached any electronic communications apparatus used, wholly or in part, for the purposes of any emergency service; and ii other land used for the purpose of gaining access to that land or for the purpose of inspecting, maintaining, repairing, altering, replacing or removing such a mast or any electronic apparatus attached to such a mast; g any land used solely or mainly in connection with covert police operations carried out for the purposes of policing (within the meaning given by section 99(1) of the Police and Fire (Scotland) Act 2012 ); h any mineral rights which are owned or leased separately from the land in respect of which they are exigible; and i any souvenir plot (within the meaning given by section 22(2) of the Land Registration (Scotland) Act 2012 ). 2 In this regulation “emergency service” means a police, fire and rescue, ambulance or other service which may be required to respond to an emergency. KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th November 2016
Public Bodies Citation and commencement 1 This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Scottish Fiscal Commission as Specified Authority) Order 2016 and comes into force on the day after the day on which it is made. Treatment of Scottish Fiscal Commission as Specified Authority 2 The Scottish Fiscal Commission is to be treated, for the purposes of or in connection with any appointment to that body, as if it were a specified authority within the meaning of section 2(1) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the Commissioner’s functions). DEREK MACKAY A member of the Scottish Government St Andrew’s House, Edinburgh 16th November 2016
Environmental Protection Citation and commencement 1 These Regulations may be cited as the Air Quality Standards (Scotland) Amendment Regulations 2016 and come into force on 31st December 2016. Amendment of the Air Quality Standards (Scotland) Regulations 2010 2 The Air Quality Standards (Scotland) Regulations 2010 are amended in accordance with regulations 3 and 4. Amendment of regulation 2 3 In regulation 2 (definitions)— a for the definition of “ Directive 2004/107/EC ”, substitute— “ Directive 2004/107/EC ” means Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air ; ; and b for the definition of “ Directive 2008/50/EC ”, substitute— “ Directive 2008/50/EC ” means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe ; . Amendment of schedule 1 4 Part 3 of schedule 1 is amended as follows— a for paragraph 1(a) and (b) substitute— a the flow around the inlet sampling probe must be unrestricted (in general free in an arc of at least 270°, or 180° for sampling points at the building line) without any obstructions affecting the airflow in the vicinity of the inlet. The inlet sampling probe must normally be some metres away from buildings, balconies, trees and other obstacles and at least 0.5 m from the nearest building in the case of sampling points representing air quality at the building line; b in general, the inlet sampling point must be between 1.5 m (the breathing zone) and 4 m above the ground. Higher siting may also be appropriate if the station is representative of a large area. Any derogations must be fully documented; ; b at the end of paragraph 1(e) add “A ‘major junction’ is a junction which interrupts the traffic flow and as a result causes different emissions from the rest of the road.”; and c after paragraph 1 insert— 1A Any deviation from the criteria set out in this Part must be fully documented through the procedures described in Section D of Annex III to Directive 2008/50/EC . . R CUNNINGHAM A member of the Scottish Government St Andrew’s House, Edinburgh 16th November 2016
Education Citation, commencement and interpretation 1 1 These Regulations may be cited as the Scottish Ministers Annual Plan Planning Period (Scotland) Regulations 2016 and come into force on 15th December 2016. 2 In these Regulations, “the 2000 Act ” means the Standards in Scotland’s Schools etc. Act 2000. Planning period 2 The day prescribed as the day on which the planning period begins, for the purposes of section 3E(1) of the 2000 Act, is 1st January each year. JOHN SWINNEY A member of the Scottish Government St Andrew’s House, Edinburgh 12th November 2016
Freedom Of Information Citation and commencement 1 These Regulations may be cited as the Freedom of Information (Scotland) Act 2002 (Time for Compliance) Regulations 2016 and come into force on 1st December 2016. Grant-aided schools and independent special schools 2 1 This regulation applies to a request for information that is received by— a a grant-aided school as defined in section 135(1) of the Education (Scotland) Act 1980 ; or b an independent special school listed in the Register of Independent Schools kept pursuant to section 98 of the Education (Scotland) Act 1980 and which falls within paragraph (a) of the definition of “special school” in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 . 2 Where regulation 2(1) applies, subsections (1) and (3) of section 10 and section 21(1) of the Freedom of Information (Scotland) Act 2002 have effect as if references to the twentieth working day were references to either— a the twentieth working day disregarding any working day which, in relation to the school referred to in paragraph (1), is not a school day; or b the sixtieth working day, whichever occurs first. 3 For the purposes of this regulation, “ school day ” means in relation to a particular school a day on which the school is ordinarily open to its pupils for the purpose of their school education. JOE FITZPATRICK Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh
Council Tax Citation and commencement 1 These Regulations may be cited as the Council Tax (Variation for Unoccupied Dwellings) (Scotland) Amendment Regulations 2016 and come into force on 1st April 2017. Amendment of the Council Tax (Variation for Unoccupied Dwellings) (Scotland) Regulations 2013 2 The Council Tax (Variation for Unoccupied Dwellings) (Scotland) Regulations 2013 are amended as follows. 3 In regulation 6 (limitations on local authorities’ power to modify the application of these Regulations)— a in paragraph (1), after “dwelling is” insert “a second home or”; and b after paragraph (1), insert— 1A If the dwelling is a second home, for the purposes of regulation 5(a) no modification may be made to impose an increase in council tax liability, and— a the discount percentage may not be greater than 50%; b the discount percentage may not be less than 10%; c the modification can impose no variation in council tax liability. . 4 In schedule 1 (classes of unoccupied dwellings subject to 50% council tax discount), in paragraph 2(9)(a) for “another person” substitute “another company”. DEREK MACKAY A member of the Scottish Government St Andrew’s House, Edinburgh 8th November 2016
Tribunals And Inquiries Citation and commencement 1 These Regulations may be cited as the Scottish Tribunals (Offences in Relation to Proceedings) Regulations 2016 and come into force on 1st December 2016. Offences in relation to proceedings before the Scottish Tribunals 2 1 In any proceedings before the First-tier Tribunal or the Upper Tribunal it is an offence for any person to— a make a false statement in an application in a case; b alter, conceal or destroy, or fail to produce, something that is required to be produced in accordance with Tribunal Rules; or c fail to attend or give evidence, when required to do so in accordance with Tribunal Rules. 2 It is a defence for a person charged with an offence— a under paragraph (1)(a), to prove that the false statement was not knowingly made; b under paragraph (1)(b), to prove that a thing was not knowingly altered, concealed or destroyed; c under paragraph (1)(b) or (c), to prove that there was a reasonable excuse for having acted in the way charged. 3 A person who commits an offence under paragraph (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both); b on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine not exceeding £5,000 (or both). Circumstances in which a person need not give evidence or produce something to the Scottish Tribunals 3 In any proceedings before the First-tier Tribunal or the Upper Tribunal a person need not give evidence or produce something which the person would be entitled to refuse to give or produce in proceedings in a court in Scotland. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016
Sheriff Court Citation, commencement and interpretation 1 1 These Regulations may be cited as the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Commencement No. 2, Transitional and Transitory Provision) Regulations 2016 and come into force on 1st December 2016. 2 In these Regulations— “the 1976 Act” means the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 ; and “the 2016 Act” means the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. Day appointed 2 1st December 2016 is the day appointed for the coming into force of the following provisions of the 2016 Act— a section 13 (jurisdiction in relation to inquiries); and b section 14 (inquiry into more than one death). Transitional and transitory provision 3 1 This regulation applies to an inquiry applied for under section 1 or 1A of the 1976 Act on or after 1st December 2016. 2 References to inquiry proceedings in section 13 of the 2016 Act include a reference to proceedings in respect of an inquiry under the 1976 Act. 3 References to an inquiry in sections 13 and 14 of the 2016 Act include a reference to an inquiry under the 1976 Act. 4 Section 1 of the 1976 Act (investigation of death and application for inquiry) is modified as follows— a in subsection (1), the words “for the district with which the circumstances of the death appear to be most closely connected” are to be disregarded; and b in subsection (3)(a), the words “with whose sheriffdom the circumstances of the death appear to be most closely connected” are to be disregarded. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th November 2016
Council Tax Citation and commencement 1 This Order may be cited as the Council Tax (Substitution of Proportion) (Scotland) Order 2016 and comes into force on 1st April 2017. Substitution of proportion 2 1 In section 74(1) of the Local Government Finance Act 1992 , for the words after “proportion—” substitute— 240: 280: 320: 360: 473: 585: 705: 882 where 240 is for dwellings listed in valuation band A, 280 is for dwellings listed in valuation band B, and so on. . 2 The substitution made by paragraph (1) has effect as regards financial years beginning on or after 1st April 2017. DEREK MACKAY A member of the Scottish Government St Andrew’s House, Edinburgh 8th November 2016
Tribunals And Inquiries Citation, commencement and interpretation 1 1 These Regulations may be cited as the First-tier Tribunal for Scotland Housing and Property Chamber and Upper Tribunal for Scotland (Composition) Regulations 2016. 2 These Regulations come into force on 1st December 2016. 3 In these Regulations— a “The Chamber President” means the Chamber President of the First-tier Tribunal; and b “The First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber. Composition of First-tier Tribunal 2 1 Subject to paragraph (2) the First-tier Tribunal, when convened to decide any matter in a case, shall consist of— a a legal member; b a legal member and one ordinary member; or c a legal member with two ordinary members. 2 An application by a landlord for assistance in exercising a right under section 181(4) of the Housing (Scotland) Act 2006 may be decided by the First-tier Tribunal consisting of an ordinary member. Composition of Upper Tribunal hearing appeals or referrals from First-tier Tribunal 3 1 The Upper Tribunal, when deciding an appeal or a referral in a case decided by or referred from the First-tier Tribunal to the Upper Tribunal shall consist of— a a sheriff (except a part-time or summary sheriff); b the Chamber President (except a Temporary Chamber President), acting either alone or with a judicial member of the Upper Tribunal; c the President of Tribunals, acting either alone or with the Chamber President or another judicial member of the Upper Tribunal; or d the Lord President, acting either alone or with the Chamber President or another judicial member of the Upper Tribunal. 2 A Chamber President referred to in paragraph (1) must not have had any involvement in the case prior to the appeal or referral of the case to the Upper Tribunal. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016
Tribunals And Inquiries Citation and commencement 1 These Regulations may be cited as the First-tier Tribunal for Scotland (Chambers) Regulations 2016 and come into force on 1st December 2016. Chambers of the First-tier Tribunal for Scotland 2 The First-tier Tribunal for Scotland is organised into the following chambers— a the Mental Health Chamber; b the Housing and Property Chamber; c the Health and Education Chamber; d the General Regulatory Chamber; ... e the Tax Chamber ; ... f the Social Security Chamber ; and g the Local Taxation Chamber. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016
Tribunals And Inquiries Citation and commencement 1 1 These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016. 2 These Regulations come into force on 1st December 2016. Interpretation 2 In these Regulations — “the 2014 Act ” means the Tribunals (Scotland) Act 2014; “the hohp” means the panel constituted under schedule 4 of the Rent (Scotland) Act 1984 , to be known as the homeowner housing panel in terms of section 16(2) of the Property Factors (Scotland) Act 2011 when exercising functions conferred on it by virtue of section 16(1) of that Act; and the “hohp functions” means the functions exercised by the hohp (including those of the president of the panel and the members of the panel, but not the vice president of the panel) by virtue of section 16(1) of the Property Factors (Scotland) Act 2011. Transfer of hohp functions to the First-tier Tribunal and abolition of hohp 3 1 Subject to regulations 5 and 6, the hohp functions are transferred to the First-tier Tribunal with allocation to the First-tier Tribunal Housing and Property Chamber. 2 The hohp is abolished. Transfer of hohp members to the First-tier Tribunal 4 1 Subject to paragraphs (2) and (3), members of the hohp (other than the President) under the age of 75 on the coming into force of these Regulations are transferred to and become members of the First-tier Tribunal, with legal members of the hohp becoming legal members of the First-tier Tribunal, and other members of the hohp (including the vice-president) becoming ordinary members of the First-tier Tribunal. 2 Members of the hohp transferred to the First-tier Tribunal under paragraph (1) shall (subject to the provisions of the 2014 Act) be members of the First-tier Tribunal in accordance with terms and conditions to be offered by the Scottish Ministers on transfer, which will supersede any existing terms and conditions of appointment. 3 A member of the hohp who is aged 70 or over on the coming into force of these Regulations shall transfer only if the Scottish Ministers in consultation with the President of Tribunals consider it desirable in the public interest that the member should transfer. Transitional and savings provisions 5 Schedule 1 of these Regulations contains transitional and savings provisions. Consequential amendments and repeals 6 The consequential amendments and repeals set out in schedule 2 of these Regulations have effect. Consequential amendments to the Property Factors (Scotland) Act 2011 Code of Conduct of Property Factors 7 The consequential amendments to the Property Factors (Scotland) Act 2011 Code of Conduct of Property Factors set out in schedule 3 of these Regulations have effect. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016
Tribunals And Inquiries Citation and commencement 1 1 These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016. 2 These Regulations come into force on 1st December 2016. Interpretation 2 In these Regulations — “the 2014 Act ” means the Tribunals (Scotland) Act 2014; “the prhp” means the panel constituted under schedule 4 of the Rent (Scotland) Act 1984 , to be known as the private rented housing panel in terms of section 21(1) of the Housing (Scotland) Act 2006 ; and “the prhp functions” means the functions exercised by the prhp (including those of the president of the panel and the members of the panel, but not the vice-president of the panel), by virtue of section 21(3) of the Housing (Scotland) Act 2006. Transfer of prhp functions to the First-tier Tribunal and abolition of prhp 3 1 Subject to regulations 5 and 6, the prhp functions are transferred to the First-tier Tribunal with allocation to the First-tier Tribunal Housing and Property Chamber. 2 The prhp is abolished. Transfer of prhp members to the First-tier Tribunal 4 1 Subject to paragraphs (2) and (3), members of the prhp under the age of 75 on the coming into force of these Regulations are transferred to and become members of the First-tier Tribunal, with— a legal members of the prhp becoming legal members of the First-tier Tribunal; b other members of the prhp (including the vice-president) becoming ordinary members of the First-tier Tribunal; and c the president of the prhp becoming Chamber President of the First-tier Tribunal Housing and Property Chamber. 2 Members of the prhp transferred to the First-tier Tribunal under paragraph (1) shall (subject to the provisions of the 2014 Act) be members of the First-tier Tribunal in accordance with terms and conditions to be offered by the Scottish Ministers on transfer, which will supersede any existing terms and conditions of appointment. 3 A member of the prhp who is aged 70 or over on the coming into force of these Regulations shall transfer only if the Scottish Ministers in consultation with the President of Tribunals consider it desirable in the public interest that the member should transfer. Transitional and savings provisions 5 The transitional and savings provisions set out in schedule 1 of these Regulations have effect. Consequential amendments and repeals 6 1 The consequential amendments and repeals to primary legislation set out in schedule 2 of these Regulations have effect. 2 The consequential amendments and revocations to subordinate legislation set out in schedule 3 of these Regulations have effect. 3 The consequential amendments to the Tenant Information Pack set out in schedule 4 of these Regulations have effect. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016
Housing Citation and commencement 1 This Order may be cited as the Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2016 and comes into force on 1st December 2016. Amendment of the Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013 2 For the schedule of the Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013 , substitute the schedule set out in the schedule of this Order. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016
Tribunals And Inquiries Citation and commencement 1 1 These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016. 2 These Regulations come into force on 1st December 2016. Interpretation 2 In these Regulations — “the prhcs” means the rent assessment committees constituted in accordance with schedule 4 of the Rent (Scotland) Act 1984 , to be known as the private rented housing committees in terms of section 21(2) of the Housing (Scotland) Act 2006 ; and “the prhcs functions” means the functions exercised by prhcs by virtue of section 21(3) of the Housing (Scotland) Act 2006. Transfer of prhcs functions to the First-tier Tribunal and abolition of prhcs 3 1 Subject to regulations 4 and 5, the prhcs functions are transferred to the First-tier Tribunal with allocation to the First-tier Tribunal Housing and Property Chamber. 2 The prhcs are abolished. Transitional and savings provisions 4 Schedule 1 of these Regulations contains transitional and savings provisions. Consequential amendments and repeals 5 1 The consequential amendments and repeals of primary legislation set out in Part 1 of schedule 2 of these Regulations have effect. 2 The consequential amendments and revocations to subordinate legislation set out in Part 2 of schedule 2 of these Regulations have effect. ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016
Tribunals And Inquiries Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2016 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ANNABELLE EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2016