othertales/uklegislation huggingface dataset:
Animals Citation and commencement 1 This Order may be cited as the Bluetongue (Scotland) Amendment Order 2012 and comes into force on 5th June 2012. Amendment of the Bluetongue (Scotland) Order 2008 2 For article 8 (reporting requirement under bluetongue surveillance programmes) of the Bluetongue (Scotland) Order 2008 substitute— Reporting requirement under bluetongue surveillance programmes 8 It is an offence against the Animal Health Act 1981 for the owner or keeper of an animal, or a veterinarian, not to promptly report any suspicion of bluetongue in accordance with point 2.1 of Annex 1 to the Commission Regulation . . RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 31st May 2012
Agriculture Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Leader Grants (Scotland) Regulations 2008 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Environmental Protection Citation and commencement 1 These Regulations may be cited as the Marine Licensing (Fees) (Scotland) Amendment Regulations 2012 and come into force on 29th June 2012. Amendment of the Marine Licensing (Fees) (Scotland) Regulations 2011 2 The Marine Licensing (Fees) (Scotland) Regulations 2011 are amended in accordance with regulations 3 to 7. 3 In regulation 2 (determination of fees)— a in paragraph (a) for “3 to 5” substitute “3, 4 and 5 (excluding regulation 5(5))”; b after paragraph (a), insert— aa in accordance with regulation 3A or 5(5) in the case of an application made before 1st April 2013; ; and c in paragraph (b) for “that date” substitute “1st April 2012 or, in the case of applications to which regulations 3A or 5(5) apply 1st April 2013”. 4 In regulation 3 (applications – general), in paragraph (1), after “which regulation”, insert “3A,”. 5 After regulation 3, insert— Applications – generating stations 3A 1 This regulation applies to an application for a licence in respect of any of the following actions required in relation to a renewable energy structure:— a the deposit of any substance or object either in the sea or on or under the seabed; b the construction, alteration or improvement of any works either in or over the sea or on or under the seabed; or c the removal of any substance or object from the seabed. 2 Where in the opinion of the Scottish Ministers the activity for which a licence is sought forms part of a larger project, the fee is to be determined by reference to what the Scottish Ministers consider to be the likely cost of carrying out that project. 3 Where the activity for which a licence is sought does not fall within paragraph (2), the fee is to be determined by reference to what the Scottish Ministers consider to be the likely cost of carrying out that activity. 4 Where the likely cost of carrying out a project or activity (as the case may be)— a is no greater than £2,500, the fee is £52; b is greater than £2,500 but no greater than £5,000, the fee is £155; c is greater than £5,000 but no greater than £50,000, the fee is £620; d is greater than £50,000 but no greater than £2 million, the fee is £2,760; e is greater than £2 million but no greater than £5 million, the fee is £5,525; f is greater than £5 million but no greater than £20 million, the fee is £16,545; g is greater than £20 million but no greater than £50 million, the fee is £27,575; h is greater than £50 million, the fee is £41,360. . 6 In regulation 5 (applications – capital dredging), in paragraph (5), for “£25,000” substitute “£34,475”. 7 In regulation 6 (applications made on or after 1st April 2012)— a in paragraph (1) for “The” substitute “Subject to paragraph (4), the”; and b after paragraph (3), insert— 4 In respect of applications made before 1st April 2013 and to which regulation 3A or 5(5) applies, paragraphs (1) and (2) apply with the modification that in paragraph (1) “1st April 2012” is to be read as “1st April 2013”. . RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 30th May 2012
Building And Buildings Citation and commencement 1 These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2012 and come into force on 1st October 2012. Amendment of the Energy Performance of Buildings (Scotland) Regulations 2008 2 The Energy Performance of Buildings (Scotland) Regulations 2008 are amended in accordance with regulations 3 to 11. Interpretation 3 In regulation 2(1) (interpretation)— a omit the definition of “associated data”; b after the definition of “energy performance certificate” insert— “ energy performance data ” means information needed to produce an energy performance certificate or a recommendations report; ; and c after the definition of “prospective tenant” insert— “ recommendations report ” has the meaning given in regulation 6A; . Energy performance certificates on sale or rent 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Energy performance certificates 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recommendations report 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration of certificates 7 For regulation 10 (registration of certificates) together with its cross heading substitute— Registration of energy performance data 10 1 There must be one or more registers of energy performance data from which the following documents may be produced— a an energy performance certificate; and b a recommendations report. 2 Each register referred to in paragraph (1) shall be maintained by a keeper. 3 A register may be maintained for different purposes or for different classes of buildings or building units . 4 Where a member of an approved organisation issues any document referred to in paragraph (1)(a) or (b), that person must ensure that the energy performance data relating to that document is sent to the relevant register before the document is issued. 5 Any energy performance data entered onto a register— a must be registered under a unique reference; and b must not be altered once registered. 6 Any energy performance data entered onto a register must be kept on the register for a period of at least 10 years beginning on the date on which it is entered onto the register. Disclosures generally 8 For regulation 11 (disclosures generally) substitute— 11 The keeper of a register may only disclose any— a energy performance data; b any document produced from that data; and c any information derived from that data, if authorised by regulation 12 or 13. . Disclosures to approved organisation 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosures to enforcement authorities and/or the Scottish Ministers 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of information by the Scottish Ministers and/or the keeper of the register 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEREK MACKAY Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh
Wildlife Citation, commencement and interpretation 1 1 This Order may be cited as the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 4, Savings and Transitional Provisions) Order 2012 and comes into force on 2nd July 2012. 2 In this Order— “the 1932 Act ” means the Destructive Imported Animals Act 1932 ; “the 1978 Act ” means the Imports of Live Fish (Scotland) Act 1978 ; “the 1981 Act ” means the Wildlife and Countryside Act 1981 ; and “the 2011 Act ” means the Wildlife and Natural Environment (Scotland) Act 2011. Appointed days 2 1 2nd July 2012 is the day appointed for the coming into force of the following provisions of the 2011 Act— a section 14 (non-native species etc. ) so far as not already in force; b section 16 (species control orders etc.); c section 17 (non-native species etc.: further provision) so far as not already in force; d section 22 (wildlife inspectors etc.); and e section 25 (modifications and repeals relating to Part 2 and game licensing) in respect of the fourteenth, nineteenth, twentieth and twenty first entry in Part 2 of the Schedule. Savings and transitional provisions 3 1 Despite the repeal of sections 3 (grant and revocation of licences) and 8 (saving in respect of animals kept for exhibition etc.) of the 1932 Act by section 25 of, and Part 2 of the Schedule to, the 2011 Act, a licence granted under the repealed sections— a remains in effect; b is subject to such conditions as are applied by an enactment listed in Schedule 2 to the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012 , despite the revocation of those enactments by that Order; and c is deemed to be a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in or under section 14ZC of that Act. 2 Despite the repeal of section 1 (power to limit the import etc. of fish and fish eggs) of the 1978 Act by section 25 of, and Part 2 of the Schedule to, the 2011 Act, a licence granted under the repealed section— a remains in effect; and b is deemed to be a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in or under section 14 or 14ZC of that Act. 3 Despite the substitution of section 14(1) to (2) of the 1981 Act by section 14(2)(a) of the 2011 Act, a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in section 14(1) to (2) of that Act (prior to amendment by the 2011 Act)— a remains in effect; and b is deemed to be a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in or under section 14 of that Act (as amended). 4 An application for a licence under— a section 3 or 8 of the 1932 Act; b section 1 of the 1978 Act; or c section 16(4) of the 1981 Act in respect of section 14(1) to (2) of that Act (prior to amendment by the 2011 Act), so far as it relates to a matter prohibited by or under section 14 or 14ZC of the 1981 Act is, if not determined by the appointed day, to be treated as an application for a licence under section 16(4) of the 1981 Act (as amended). STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th May 2012
Public Bodies Citation and commencement 1 This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2012 and comes into force on the day after the day on which it is made. Treatment as specified authority 2 The following bodies are to be treated, for the purposes of or in connection with any appointment to those bodies, as if they were specified authorities within the meaning of section 2(1) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the Commissioner’s functions)— a the Scottish Police Authority; and b the Scottish Fire and Rescue Service. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 11th June 2012
Wildlife Citation, commencement and interpretation 1 1 This Order may be cited as the Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Order 2012, and comes into force on 2nd July 2012. 2 In this Order, “the 1981 Act ” means the Wildlife and Countryside Act 1981. Disapplication of section 14(1) of the 1981 Act 2 1 The type of animal listed in Part 1 of the Schedule is specified for the purposes of section 14(2B)(a) of the 1981 Act. 2 The type of plant listed in column (1) (whose Latin name is listed in column (2)) of the table in Part 2 of the Schedule is specified for the purposes of section 14(2B)(b) of the 1981 Act, to the extent mentioned in column (3) of that table. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th May 2012
Water Industry Citation and commencement 1 This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Commencement No. 6) Order 2012 and comes into force on 22nd July 2012. Appointed Day 2 22nd July 2012 is the day appointed for the coming into force of paragraph 7(5) of schedule 5 to the Water Services etc. (Scotland) Act 2005. ALEX NEIL A member of the Scottish Executive St Andrew’s House, Edinburgh 11th June 2012
National Health Service Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Amendment Regulations 2012 and come into force on 1st September 2012. 2 In these Regulations “the 2003 Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 . Amendment of modifications of the Income Support (General) Regulations 1987 for the purpose of Part 1 of the Schedule to the 2003 Regulations 2 1 Table A of the Schedule to the 2003 Regulations is amended as follows. 2 In the modifications of regulation 62 (calculation of grant income), for inserted paragraph (2C)(b), substitute— b any sum by way of maintenance grant available to a student under regulations 39 to 41 of the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2011 which is not taken into account in the calculation of the maximum amount of a loan for living costs under regulations 49 to 52 of those Regulations; and . MICHAEL MATHESON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th May 2012
Adults With Incapacity Citation and commencement 1 These Regulations may be cited as the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012 and come into force on 2nd July 2012. Amendment of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007 2 For regulation 2 of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007 substitute— 2 The requirements prescribed for the purposes of section 47(1A)(b) of the Adults with Incapacity (Scotland) Act 2000 are that the person concerned must have had their knowledge of how to assess an individual’s capacity to be able to make decisions as to that individual’s medical treatment certified by— a a body specified in schedule 2 of the Further and Higher Education (Scotland) Act 2005 ; or b NHS Education for Scotland . . MICHAEL MATHESON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th May 2012
Wildlife Citation, commencement and interpretation 1 1 This Order may be cited as the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012, and comes into force on 2nd July 2012. 2 In this Order, “the 1981 Act ” means the Wildlife and Countryside Act 1981. Prohibition on releasing certain animals 2 The types of animals listed in column (1) (whose Latin name is listed in column (2)) of the table in Part 1 of Schedule 1 are specified for the purposes of section 14(1)(a)(ii) of the 1981 Act, to the extent mentioned in column (3) of that table. Prohibition on keeping invasive animals 3 The types of invasive animals listed column (1) (whose Latin name is listed in column (2)) of the table in Part 2 of Schedule 1 are specified for the purposes of section 14ZC(1)(a) of the 1981 Act. Notification requirements in relation to the presence of invasive animals 4 Where an occupier of land is, or becomes, aware of the presence of an invasive animal of a type listed in Part 3 of Schedule 1, that person must notify Scottish Natural Heritage without delay. Revocation 5 Subject to article 3 (savings) of the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 4, Saving and Transitional Provisions) Order 2012 , the enactments listed in Schedule 2 are revoked. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th May 2012
Sea Fisheries Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the European Fisheries Fund (Grants) (Scotland) Regulations 2007 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Town And Country Planning Citation, commencement and application 1 1 These Regulations may be cited as the Town and Country Planning (Development Management Procedure) (Scotland) Amendment Regulations 2012 and come into force on 1st July 2012. 2 Regulation 2 applies only in relation to applications for planning permission made on or after 1st August 2012. Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 2 1 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 are amended in accordance with paragraphs (2) and (3). 2 In regulation 3(1) (interpretation) after the definition of “the General Permitted Development Order” insert— “historic battlefield” means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979 ; . 3 In Schedule 5 after paragraph 5(4) insert— 4A development which may affect a historic battlefield other than where the development consists of— a the alteration or extension of an existing building; or b development within the curtilage of a dwellinghouse for a purpose incidental to the enjoyment of the dwellinghouse; . DEREK MACKAY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd May 2012
Animals Citation, commencement, extent and interpretation 1 1 These Regulations— a may be cited as the Poultry Health Scheme (Fees) (Scotland) Regulations 2012; b come into force on 1st July 2012; and c extend to Scotland only. 2 In these Regulations, “the poultry health scheme” means the scheme for approval of establishments for the purposes of Council Directive 2009/158/ EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs . Fees relating to the poultry health scheme 2 The fee payable in respect of a matter under the poultry health scheme specified in an entry in column 1 of the following Table, is specified in the corresponding entry in column 2 of that Table. Column 1 Matter Column 2 Fee(£) Initial membership approval fee per flock or hatchery or combined flock and hatchery 60 Annual membership renewal fee per flock or hatchery 62 Annual membership renewal fee per combined flock and hatchery 70 Annual inspection carried out by an officer of the Scottish Ministers per flock or hatchery 97 Annual inspection carried out by an officer of the Scottish Ministers per combined flock and hatchery 143 Processing an application for approval of a laboratory that conducts diagnostic tests 13 Processing annual registration documentation for a laboratory that conducts diagnostic tests 31 Proficiency test of an approved laboratory in respect of salmonella bacteriology ( pullorum, gallinarum, arizonae ) 131 Proficiency test of an approved laboratory in respect of salmonella serology ( pullorum, gallinarum ) 336 Proficiency test of an approved laboratory in respect of mycoplasma chicken serology ( gallisepticum ) 336 Proficiency test of an approved laboratory in respect of mycoplasma culture ( gallisepticum and meleagridis ) 281 Proficiency test of an approved laboratory in respect of mycoplasma turkey serology ( gallisepticum and meleagridis ) 336 Payment 3 Fees are payable to the Scottish Ministers on demand. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 29th May 2012
Criminal Law Citation and commencement 1 This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012 and comes into force on 25th June 2012. Interpretation 2 1 In this Order “ the Act ” means the Criminal Justice and Licensing (Scotland) Act 2010. 2 For the purposes of this Order criminal proceedings are commenced— a in summary proceedings, on the date of the first calling of the case; and b in solemn proceedings, on the date on whichever of the following first occur— i the grant of a warrant to arrest and commit; ii the intimation of a petition; or iii the service of an indictment. Commencement of provisions 3 The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on 25th June 2012 and apply to criminal proceedings commenced on or after that date irrespective of the date the offence was committed. Saving provisions 4 1 The rules of law referred to in section 171 of the Act continue to have effect in relation to criminal proceedings commenced before 25th June 2012. 2 The common law of diminished responsibility continues to have effect in relation to criminal proceedings commenced on or after 25th June 2012 where the conduct giving rise to the proceedings took place before that date, the case proceeding as if— a section 168 of the Act (in so far as inserting section 51B of the Criminal Procedure (Scotland) Act 1995 ; and b section 171 of the Act (in so far as abolishing the plea of diminished responsibility), had not been commenced. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 21st May 2012
Wildlife Citation and commencement 1 This Order may be cited as the Snares (Training) (Scotland) (No. 2) Order 2012 and comes into force on 21st June 2012. Interpretation 2 In this Order— a “ 1981 Act ” means the Wildlife and Countryside Act 1981; b “approved body” means a person or body specified in the Schedule to this Order; and c “trained” means trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control for the purposes of section 11A(4) of the 1981 Act. Training certificates 3 1 A person is trained when that person holds a training certificate issued in accordance with paragraphs (2) and (3). 2 The training certificate is issued by an approved body. 3 The training certificate is issued to a person who the approved body determines (by examination or otherwise) is competent to— a select an appropriate location for a snare to be set; b set a snare in accordance with the law; c identify and remedy defects in the setting and use of a snare; and d set a snare in such a manner, and in such a place, that it is reasonable to expect that— i use of the snare is consistent with animal welfare; and ii the setting of the snare is an appropriate method of predator control. 4 The approved body may have regard to training undertaken, or qualifications obtained, by the person before the coming into force of this Order when making a determination of competence for the purposes of paragraph (3). 5 Where an approved body, having made a determination of competence in relation to the matters set out in paragraph (3), issued a training certificate on or after 1st May 2010 and before the coming into force of this Order, that training certificate is deemed to be a training certificate issued in accordance with paragraphs (2) and (3). Revocation 4 The Snares (Training) (Scotland) Order 2012 is revoked. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd May 2012