othertales/uklegislation huggingface dataset:
CHILDREN AND YOUNG PERSONS Citation and commencement 1 These Regulations may be cited as the Applications to the Court of Session to Annul Convention Adoptions or Overseas Adoptions (Scotland) Regulations 2009 and come into force on 28th September 2009. Interpretation 2 In these regulations– “ the Act ” means the Adoption and Children (Scotland) Act 2007; and “an application” means any application for– an order under section 68 (annulment and recognition) of the Act; or a decision under section 68(2)(b) of the Act. Manner of application 3 An application to the Court of Session must be made by petition. Period for application 4 An application must be made within 2 years of the date of the adoption or determination to which it relates, except with the leave of the Court of Session. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th April 2009
TOWN AND COUNTRY PLANNING Citation and interpretation 1 1 This Order may be cited as the Planning etc. (Scotland) Act 2006 (Commencement No. 9) Order 2009. 2 In this Order– “the 1997 Act ” means the Town and Country Planning (Scotland) Act 1997 ; “ the Act ” means the Planning etc. (Scotland) Act 2006; and “the Schedule” means the Schedule to this Order. Commencement 2 1 Subject to paragraph (2) the provisions of the Act specified in column 1 of the Schedule (and the subject matter of which is described in column 2 of the Schedule), to the extent not already in force, come into force on 3rd August 2009 for all purposes. 2 Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision shall, to the extent not already in force, come into force on 3rd August 2009 only for that purpose. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd June 2009
SHERIFF COURT Citation, commencement and interpretation 1 1 This Act of Sederunt— a may be cited as the Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009; and b comes into force on 20th May 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. 3 In this Act of Sederunt— “the Ordinary Cause Rules ” means the First Schedule to the Sheriff Courts (Scotland) Act 1907 ; “the Summary Application Rules ” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 ; “the Summary Cause Rules ” means the Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 2002 ; “the Small Claim Rules ” means the Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 2002 . Amendment of rules in consequence of sections 25 to 29 of the 1990 Act 2 In rule 1.2 (interpretation) of the Ordinary Cause Rules, at the end there is added— 6 In these Rules, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act. . 3 In rule 1.2 (interpretation) of the Summary Application Rules, at the end there is added— 4 In this Act of Sederunt, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act. . 4 1 The Summary Cause Rules are amended in accordance with paragraphs (2) and (3). 2 In rule 1.1 (citation, interpretation and application), after paragraph (4) there is inserted— 4A In these Rules, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act. . 3 In rule 23.3 (expenses), in paragraph (1) for “statutory table of fees of solicitors appropriate to the action” there is substituted “applicable statutory table of fees”. 5 1 The Small Claim Rules are amended in accordance with paragraphs (2) and (3). 2 In rule 1.1 (citation, interpretation and application), after paragraph (4) there is inserted— 4A In these Rules, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act. . 3 In rule 21.6 (expenses), in paragraph (2) for “statutory table of fees of solicitors appropriate to a summary cause” there is substituted “applicable statutory table of fees”. A. C. HAMILTON Lord President I.P.D. Edinburgh 24th April 2009
SHERIFF COURT Citation and commencement, etc 1 1 This Act of Sederunt— a may be cited as the Act of Sederunt (Fees of Members of the Association of Commercial Attorneys in the Sheriff Court) 2009; and b comes into force on 20th May 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Fees of members of the Association of Commercial Attorneys 2 1 This Act of Sederunt regulates the preparation and taxation or assessment of accounts between party and party in relation to the work done and expenses incurred where at the material time the litigation was conducted on behalf of the receiving party by a member of the Association of Commercial Attorneys. 2 The reference in paragraph (1) to a member of the Association of Commercial Attorneys is a reference to any person who has rights to conduct litigation or rights of audience by virtue of the scheme to which effect was given by the Act of Sederunt (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) (Association of Commercial Attorneys) 2009 . 3 The account shall be prepared and taxed or assessed as if the receiving party was represented by a solicitor. A. C. HAMILTON Lord President I.P.D. Edinburgh 24th April 2009
LAND REFORM Citation, commencement and interpretation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application by a crofting community body for consent to buy eligible croft land, eligible additional land, eligible sporting interests or the interest of a tenant in tenanted land 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of Ministers' decision on application 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SHERIFF COURT Citation and commencement, etc. 1 1 This Act of Sederunt— a may be cited as the Act of Sederunt (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) (Association of Commercial Attorneys) 2009; and b comes into force on 20th May 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Giving effect to scheme of Association of Commercial Attorneys 2 The scheme set out in the Schedule to this Act of Sederunt has effect. A. C. HAMILTON Lord President I.P.D. Edinburgh 24th April 2009
LAND REFORM Citation, commencement and interpretation 1 1 This Order may be cited as the Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2009 and shall come into force on 15th June 2009. 2 In this Order, “the Act” means the Land Reform (Scotland) Act 2003. Excluded land 2 1 There is designated as excluded land for the purposes of section 33 of the Act, the land comprising the settlements listed in the Schedule to this Order. 2 Any land within the settlements of Armadale, Blackburn, Banknock, Hallglen or East Whitburn is not to be treated as being designated as excluded land for the purposes of section 33 of the Act if it is land that is the subject of an application made, by a community body under section 37 of the Act, before the date upon which this Order comes into force. 3 The boundaries of the settlements specified in the Schedule to this Order are the boundaries which are delineated on the maps entitled “The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2009: Definitive Maps” . 4 Foreshore which is adjacent to the settlements specified in the Schedule to this Order is excluded land for the purposes of section 33 of the Act. Revocation 3 The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006 is revoked. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd June 2009
PLANT HEALTH Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments to the Plant Health (Scotland) Order 2005 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Article 2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 1 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 2 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 4 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 6 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Citation and commencement 1 This Order may be cited as the Local Government and Housing Act 1989 Amendment (Scotland) Order 2009 and shall come into force on the day after the day on which it is made. Politically restricted posts 2 1 The Local Government and Housing Act 1989 is amended as follows. 2 In subsection (3) of section 3 of the Local Government and Housing Act 1989, omit from the “and” following paragraph (a) to the end of the subsection. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 28th May 2009
TOWN AND COUNTRY PLANNING Citation 1 This Order may be cited as the Planning etc. (Scotland) Act 2006 (Commencement No. 8) Order 2009. Commencement 2 Section 31 of the Planning etc. (Scotland) Act 2006 comes into force on 14th May 2009. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th May 2009
JUSTICE OF THE PEACE COURTS Citation and commencement 1 This Order may be cited as the Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Revocation Order 2009 and comes into force on 16th May 2009. Revocation 2 The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Order 2009 is revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 12th May 2009
EDUCATION Citation and commencement 1 These Regulations may be cited as the Individual Learning Account (Scotland) Amendment Regulations 2009 and come into force on 30th June 2009. Amendment of the Individual Learning Account (Scotland) Regulations 2004 2 In regulation 3(7)(a) (qualifying persons (learning account holders)) of the Individual Learning Account (Scotland) Regulations 2004 for “£18,000” substitute “£22,000”. FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 7th May 2009
AGRICULTURE Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANIMALS Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons who are required to hold an animal dealing licence 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for animal dealing licences 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition of fee 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consideration of applications for animal dealing licences 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grant or renewal of animal dealing licences 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of an animal dealing licence 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation, suspension or variation of animal dealing licences 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Death of licence holder 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exercise of functions by inspectors 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The register of animal dealing licences and provision of information 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of a decision by the licensing authority 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Separation of young cats and young dogs 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport of young cats and young dogs 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of inspectors 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstruction 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence of making a false statement 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by bodies corporate 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualifications 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination or variation of disqualification 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LAND REFORM Citation, commencement and interpretation 1 1 These Regulations may be cited as the Community Right to Buy (Prescribed Form of Application and Notices) (Scotland) Regulations 2009 and come into force on 15th June 2009. 2 In these Regulations– “ the Act ” means the Land Reform (Scotland) Act 2003. Application to register or to re register an interest in land 2 An application by a community body under section 37(1) of the Act– a to register an interest in land; or b (as read with section 44(2) of the Act), to re-register an interest in land, shall be submitted to Ministers in, or as near as may be in, the form of application specified in Schedule 1. Notice where owner or creditor may be unknown 3 For the purposes of satisfying Ministers that an owner of land in which a community interest is sought to be registered or re registered or, as the case may be, a creditor in a standard security over any part of that land, is unknown or cannot be found, the notice which the community body is required to affix to the land in terms of section 37(4) of the Act shall be in, or as near as may be in, the form of notice specified in Schedule 2. Notice by Ministers on whether community interest is to be registered or re registered 4 The notice specified in section 37(17) of the Act intimating the decision of Ministers whether or not a community interest is to be entered or re entered in the Register of Community Interests in Land shall be in, or as near as may be in, the form of notice specified in Schedule 3. Notice by owner or creditor of proposed transfer of land 5 Where an owner of land, or a creditor in a standard security, is required under section 48 of the Act to notify a community body and Ministers of a proposed transfer of land, the notification shall be in, or as near as may be in, the form of notice specified in Schedule 4. Notices following receipt of a notice under section 48 of the Act 6 The notices required to be sent by Ministers under section 49(2)(a) (notice seeking confirmation of exercise of right to buy) and (2)(b) (notice narrating compliance) of the Act shall be in, or as near as may be in, the forms of notice specified in Schedules 5 and 6 respectively. Revocation 7 The Community Right to Buy (Forms) (Scotland) Regulations 2004 are revoked. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd April 2009
SOCIAL CARE Citation and commencement 1 These Regulations may be cited as the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2009 and come into force on the day after the day on which they are made. Amendment of the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 2 1 The Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 are amended in accordance with paragraph (2). 2 In regulation 2 (accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003)– a in paragraph (a), for “£149” substitute “£153”; and b in paragraph (b) for “£67” substitute “£69”. S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 31st March 2009
SOCIAL CARE Citation and commencement 1 This Order may be cited as the Community Care and Health (Scotland) Act 2002 (Amendment to schedule 1) Order 2009 and comes into force on the day after the day on which it is made. Amendments to schedule 1 to the Community Care and Health (Scotland) Act 2002 2 In schedule 1 to the Community Care and Health (Scotland) Act 2002 (social care not ordinarily charged for), for paragraph 2 (as regards the person’s eating requirements) substitute– 2 As regards eating requirements, the preparation of, or the provision of any assistance with the preparation of, the person’s food including (without prejudice to that generality)– a defrosting, washing, peeling, cutting, chopping, pureeing, mixing or combining, cooking, heating or re-heating, or otherwise preparing food or ingredients; b cooking, heating or re-heating pre-prepared fresh or frozen food; c portioning or serving food; d cutting up, pureeing or otherwise processing food to assist with eating it; e advising on food preparation; and f assisting in the fulfilment of special dietary needs, but not the supply of food (whether in the form of a pre-prepared meal or ingredients for a meal) to, or the obtaining of food for, the person, or the preparation of food prior to the point of supply to the person. . S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 31st March 2009
HOUSING Citation and commencement 1 This Order may be cited as the Housing Support Grant (Scotland) Order 2009 and comes into force on 1st April 2009. Aggregate amount of grants for 2009–2010 2 The aggregate amount of the housing support grants for the year 2009–2010 is £1,409,419. Grants for 2009–2010 3 1 The proportion of the aggregate amount of the housing support grants for the year 2009–2010 payable to Shetland Islands Council is all of the aggregate amount. 2 The method by which that proportion has been determined is set out in the Schedule. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 31st March 2009
CRIMINAL LAW Citation and Commencement 1 This Order may be cited as the Victim Notification (Prescribed Offences) (Scotland) Amendment Order 2009 and comes into force on 12th May 2009. Amendment of the Victim Notification (Prescribed Offences) (Scotland) Order 2004 2 1 The Schedule to the Victim Notification (Prescribed Offences) (Scotland) Order 2004 is amended in accordance with paragraph (2). 2 For paragraph 30 (road traffic) substitute– An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52) – section 1 (causing death by dangerous driving); section 2B (causing death by careless, or inconsiderate, driving); section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers); section 3A (causing death by careless driving when under influence of drink or drugs). . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 1st April 2009
LICENCES AND LICENSING Citation, commencement and interpretation 1 1 This Order may be cited as the Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 and comes into force on the day after the day on which it is made. 2 In this Order– “ the Act ” means the Civic Government (Scotland) Act 1982; “relevant premises” means the premises in relation to which a licence has been granted by virtue of article 2; and “relevant vehicle” means a vehicle in relation to which a taxi licence or private hire car licence has been granted in terms of section 10 of the Act and that licence is in effect. Licensing of booking offices 2 1 The activity specified in paragraph (2) is designated as an activity for which a licence under Part I of the Act shall be required, but no such licence shall be required– a in respect of the carrying on of that activity before 16th November 2009; or b where the number of relevant vehicles in respect of which bookings are taken does not at any time exceed 3. 2 The activity referred to in paragraph (1) is the use of premises for the carrying on of a business which consists to any extent of the taking of bookings, by any means of communication, from members of the public for the hire of a relevant vehicle. Application of Part I of the Act 3 Part I of the Act shall have effect, subject to the modifications specified in the Schedule, for the purposes of the licensing of the activity designated by article 2. Transitional provision 4 1 A person who on or after 16th November 2009 carries on the activity designated by article 2 without a licence under Part I of the Act shall not be guilty of an offence under section 7(1) of the Act if– a that person made an application to the licensing authority before that date for the grant of a licence under Part I of the Act in respect of the activity being carried on by the person; and b that application has not yet been finally determined. 2 For the purposes of paragraph (1)(b), an application is finally determined– a when it is withdrawn by the applicant; b when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of Schedule 1 to the Act expires without an appeal against the refusal being made to the sheriff; or c in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of. 3 For the purposes of paragraph (2)(c), an appeal is disposed of– a when it is abandoned by the appellant; or b when a decision on it is made by the sheriff or a higher court and any period for making a subsequent appeal to a higher court expires without such a subsequent appeal being made. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd April 2009
ENFORCEMENT Citation and commencement 1 1 These Regulations may be cited as the Diligence against Earnings (Variation) (Scotland) Revocation Regulations 2009. 2 They come into force on 28th March 2009. Revocation of the Diligence against Earnings (Variation) (Scotland) Regulations 2009 2 The Diligence against Earnings (Variation) (Scotland) Regulations 2009 are revoked. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th March 2009