othertales/uklegislation huggingface dataset:
TOWN AND COUNTRY PLANNING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Town and Country Planning (Temporary Stop Notice) (Scotland) Regulations 2009 and come into force on 3rd August 2009. 2 In these Regulations “caravan” has the same meaning as for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960 . Circumstances in which temporary stop notice does not prohibit stationing of caravan 2 1 The stationing of a caravan on any land in the circumstances specified in paragraph (2) is an activity prescribed for the purposes of section 144B(1)(b) of the Town and Country Planning (Scotland) Act 1997. 2 The circumstances are that– a the caravan is stationed on the land immediately before the issue of the temporary stop notice; b the caravan is at that time occupied by a person as that person’s main residence. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd June 2009
CLEAN AIR Citation, commencement and extent 1 1 This Order may be cited as the Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2009 and comes into force on 29th June 2009. 2 This Order extends to Scotland only. Fireplaces exempted from section 20 of the Clean Air Act 1993 2 The fireplaces described in Schedule 1 which comply with the conditions specified in relation to each of them in that Schedule are exempt from the provisions of section 20 (prohibition on emission of smoke in smoke control area) of the Clean Air Act 1993. Revocations 3 The Orders specified in Schedule 2 are revoked. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd June 2009
CRIMINAL LAW Citation and commencement 1 This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 2) Order 2009 and shall come into force on the expiry of one week beginning with the day on which it is made. Designation of participating countries 2 Norway is designated as a participating country in relation to the following provisions of the Crime (International Co-operation) Act 2003– a section 31 (hearing witnesses in the UK by telephone); b section 37 (customer information); c section 40 (account information); d section 43 (information about a person’s bank account); e section 44 (monitoring banking transactions); f section 45 (sending requests for assistance); g section 47 (transfer of UK prisoner to assist investigation abroad); h section 48 (transfer of EU etc. prisoner to assist UK investigation) ; and i paragraph 15 of Schedule 2 (evidence given by television link or telephone). 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh
Proceeds Of Crime Citation, commencement, extent and revocation 1 1 This Order may be cited as the Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2009 and shall come into force on 18th June 2009 or, if this Order has not been made by 17th June 2009, on the day after the day on which it is made. 2 This Order extends to Scotland only. 3 The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 is revoked. Revised code of practice 2 The revised code of practice entitled “Code of Practice issued under section 410 of the Proceeds of Crime Act 2002” laid before the Scottish Parliament on 8th May 2009 shall come into operation on 18th June 2009 or, if this Order has not been made by 17th June 2009, on the day after the day on which it is made. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th June 2009
ENVIRONMENTAL PROTECTION Citation and commencement 1 These Regulations may be cited as the Radioactive Contaminated Land (Scotland) Amendment Regulations 2009 and come into force on 26th June 2009. Amendment of the Radioactive Contaminated Land (Scotland) Regulations 2007 2 1 The Radioactive Contaminated Land (Scotland) Regulations 2007 are amended as follows. 2 In regulation 3 paragraph (a), after “insert” insert– 2ZA Where this subsection applies, subsection (2) above does not apply and “contaminated land” means any land which appears to the appropriate Agency to be in such a condition, by reason of substances in, on or under the land, that– i significant harm is being caused or there is a significant possibility of such harm being caused; or ii significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused, and, in determining whether any land appears to be such land, the appropriate Agency shall, subject to subsection (5) below, act in accordance with guidance issued by the Scottish Ministers in accordance with section 78YA below with respect to the manner in which that determination is to be made. 2ZB Subject to subsection (2ZC) below, subsection (2ZA) above applies in relation to– i harm; or ii pollution of the water environment; attributable to any radioactivity possessed by any substance. 2ZC Subsection (2ZA) above does not apply to land contaminated by a nuclear occurrence.”; . 3 In regulation 3(e)(iii)– a after “means,” insert “in relation to land contaminated by a nuclear occurrence,”; b insert after “radon” where second occurring– and other than in relation to land contaminated by a nuclear occurrence, means, whether in solid or liquid form or in the form of a gas or vapour, any substance containing radionuclides which have resulted from the after effects of a radiological emergency or have been processed as part of a past practice or past work activity; . 4 For regulation 14, substitute– 14 In section 78YA(4A) of the 1990 Act (supplementary provisions with respect to guidance by the Scottish Ministers), after “78A(2)” insert “, (2ZA)” and after “78B(2)” insert “, 78BB(4)”. . RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 27th May 2009
CRIMINAL LAW Citation and interpretation 1 1 This Order may be cited as the Custodial Sentences and Weapons (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2009. 2 In this Order, “ the Act ” means the Custodial Sentences and Weapons (Scotland) Act 2007. Appointed day 2 The appointed day for the coming into force of the provisions of the Act mentioned in column 1 of the Schedule to this Order is the day specified in column 2 of the Schedule, but where a purpose is specified in relation to a provision in column 1, that provision only comes into force for the specified purpose. Transitional provisions 3 1 A person who on or after 1st June 2010 does anything for which a licence is required under section 27A(1) of the Civic Government (Scotland) Act 1982 is not to be guilty of an offence under section 7(A1) of that Act for failure to have such a licence if– a that person made an application to the licensing authority before 2nd December 2009 for the grant of a knife dealer’s licence; and b the application has, through no failure on the part of that person, 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 Civic Government (Scotland) Act 1982 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. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 21st May 2009
RATING AND VALUATION Citation and commencement 1 This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2009 and comes into force on 1st July 2009. Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 2 In article 4(3) of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 for “Transco plc” substitute “National Grid Gas plc”. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 20th May 2009
COURT OF SESSION Citation and interpretation 1 1 This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Commencement No. 2) Order 2009. 2 References to “ the Act ” mean the Judiciary and Courts (Scotland) Act 2008. Appointed days 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 each provision being mentioned in column (2)) is 1st June 2009. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 18th May 2009
CHILDREN AND YOUNG PERSONS Citation and commencement 1 These Regulations may be cited as the Parental Responsibilities and Parental Rights Agreement (Scotland) Amendment Regulations 2009 and come into force on 1st September 2009. Amendment of the Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 1996 2 1 The Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 1996 are amended in accordance with this regulation. 2 In regulation 2 (form of parental responsibilities and parental rights agreement) for “the Schedule” substitute “Schedule 1”. 3 After regulation 2 insert– 3 The agreement between the mother and the other parent of a child under section 4A(1) of the Children (Scotland) Act 1995 (the acquisition of parental responsibilities and parental rights by that child’s second female parent by agreement with mother) shall be in the form set out in Schedule 2 to these Regulations or in a form substantially to the like effect. 4 Renumber the Schedule (parental responsibilities and parental rights agreement under section 4(1) of the Children (Scotland) Act 1995) as Schedule 1. 5 After the new Schedule 1 insert– SCHEDULE 2 Regulation 2 . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 18th May 2009
Proceeds Of Crime Citation, commencement, extent and revocation 1 1 This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009 and shall come into force on 18th June 2009 or, if this Order has not been made by 17th June 2009, on the day after the day on which it is made. 2 This Order extends to Scotland only. 3 The Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002 is revoked. Revised code of practice 2 The revised code of practice entitled “Code of Practice for Constables in Scotland issued under section 293 of the Proceeds of Crime Act 2002” laid in draft before the Scottish Parliament on 8th May 2009 shall come into operation on 18th June 2009 or, if this Order has not been made by 17th June 2009, on the day after the day on which this Order is made. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th June 2009
EDUCATION Citation and commencement 1 These Regulations may be cited as the Education (Interest on Student Loans) (Scotland) Regulations 2009 and come into force on 25th June 2009. Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 2 In regulation 11(1) (interest) of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 after “paragraph (2),” insert “if the Scottish Ministers determine that loans are to bear interest,”. Amendment of the Education (Student Loans) (Scotland) Regulations 2007 3 In regulation 14(1) (interest) of the Education (Student Loans) (Scotland) Regulations 2007 after “paragraph (2),” insert “if the Scottish Ministers determine that loans are to bear interest,”. FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 14th May 2009
National Health Service Citation 1 This Order may be cited as the Health Boards (Membership and Elections) (Scotland) Act 2009 (Commencement No. 1) Order 2009. The appointed day for specified Health Board areas 2 The day appointed for the coming into force of sections 1 to 3 of the Health Boards (Membership and Elections) (Scotland) Act 2009 for the areas for which— a Fife Health Board; and b Dumfries and Galloway Health Board, are constituted , is 24th June 2009. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 14th June 2009
PENSIONS Citation, commencement, effect and extent 1 1 This Order may be cited as the Firefighters' Pension Scheme Amendment (Increased Pension Entitlement) (Scotland) Order 2009. 2 This Order comes into force on 26th June 2009 and, subject to paragraph (3), has effect from 6th April 2009 . 3 Article 3 has effect from 6th April 2006; and b Paragraph 2 of the Schedule, in so far as required to give effect to paragraph 3 of the Schedule, and paragraph 3 of the Schedule have effect from 12th November 1979 to 5th April 2009. 4 This Order extends to Scotland only. Amendment of the Firemen’s Pension Scheme Order 1992 2 Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Scotland is amended in accordance with the Schedule to this Order. Amendment of the Firefighters' Compensation Scheme (Scotland) Order 2006 3 In paragraph 2(1) of Part I of Schedule 1 to Part 2 of the Firefighters' Compensation Scheme (Scotland) Order 2006 (calculation of awards for full time service), from “any other pension referable to” to the end substitute– any– other pension referable to the person’s service as a firefighter (including, if rule 4 of Part 10 applies in that person’s case, the aggregate of the pension to which the person is entitled under rule B3 of the 1992 Scheme or rule 2 of Part 3 of the 2006 Scheme and the amount of the difference referred to in rule 4(3) of Part 10); GMP related payment made under rule P4 (authorisation of GMP related payments) of the Pension Scheme; and Increased Pension Entitlement calculated by reference to rule P5 (increased pension entitlement) of the Pension Scheme . JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 14th May 2009
EDUCATION Citation and commencement 1 These Regulations may be cited as the St Mary’s Music School (Aided Places) (Scotland) Amendment Regulations 2009 and come into force on 1st August 2009. Amendment of St Mary’s Music School (Aided Places) (Scotland) Regulations 2001 2 1 Schedule 1 to the St Mary’s Music School (Aided Places) (Scotland) Regulations 2001 is amended as follows. 2 In paragraph 10(3) and (5) (references to income) for “£1,745” in the three places where it occurs substitute “£1,818”. 3 In paragraph 13 (remission of fees-boarding pupils)– a in sub paragraph (2) for “£11,632” substitute “£12,121”; and b in sub paragraph (3) for the Table substitute– (1) (2) (3) Part of relevant income to which specified percentage applies Only aided pupil Each of two aided pupils That part which exceeds £11,933 but does not exceed £15,085 10% 7.5% That part (if any) which exceeds £15,085 but does not exceed £21,145 20% 15% That part (if any) in excess of £21,145 12.5% 7.5% . 4 In paragraph 14 (remission of fees-day pupils)– a in sub paragraph (2) for “£14,655” substitute “£15,271”; and b in sub paragraph (3) for “£14,477” substitute “£15,085”. 5 In paragraph 18 (clothing grants)– a in sub paragraph (3)– i for “£15,188” substitute “£15,826”; and ii for paragraphs (a) to (d) substitute– a £241, where the relevant income does not exceed £13,894; b £180, where that income exceeds £13,894 but does not exceed £14,543; c £119, where that income exceeds £14,543 but does not exceed £15,165; d £59, where that income exceeds £15,165 but does not exceed £15,826. ; and b in sub paragraph (4)– i for “£14,554” substitute “£15,165”; and ii for paragraphs (a) and (b) substitute– a £94, where the relevant income does not exceed £14,098; b £49, where that income exceeds £14,098 but does not exceed £15,165. . 6 In paragraph 24 (amount of school travel grants)– a in sub-paragraph (1)(a) for “£13,552” substitute “£14,121”; and b in sub-paragraph (1)(b) for “£13,334” substitute “£13,894”. FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 14th May 2009
TITLE CONDITIONS Citation 1 This Order may be cited as the Title Conditions (Scotland) Act 2003 (Commencement No. 2) Order 2009. Commencement of provisions 2 The day appointed for the coming into force of Part 6 of the Title Conditions (Scotland) Act 2003 is 1st June 2009. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th May 2009
EDUCATION Citation and commencement 1 These Regulations may be cited as the Education (School Lunches) (Scotland) Regulations 2009 and come into force on 3rd August 2009. Interpretation 2 In these Regulations– “the 1980 Act ” means the Education (Scotland) Act 1980; “the 2002 Act ” means the Tax Credits Act 2002 ; “the 2002 Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ; “child tax credit” means the tax credit provided for by section 1(a) of the 2002 Act; “the relevant income” has the meaning given by section 7(3) of the 2002 Act; and “working tax credit” means the tax credit provided for by section 1(b) of the 2002 Act. Prescribed Tax Credits 3 Child tax credit is prescribed for the purposes of section 53(3)(a)(iv) of the 1980 Act where the parent– a is in receipt of an award of child tax credit which is based on the relevant income not exceeding the amount determined for the purposes of section 7(1)(a) of the 2002 Act as the income threshold for child tax credit ; and b is not in receipt of an award of working tax credit except where– i the award is based on the relevant income not exceeding the amount determined for the purposes of section 7(1)(a) of the 2002 Act as the income threshold for working tax credit ; or ii the parent entitled to the award is treated as being engaged in qualifying remunerative work (within the meaning of the 2002 Act) by virtue of regulation 7D of the 2002 Regulations . 4 Child tax credit is prescribed for the purposes of section 53(3)(b)(iii) of the 1980 Act where the pupil– a is in receipt of an award of child tax credit which is based on the relevant income not exceeding the amount determined for the purposes of section 7(1)(a) of the 2002 Act as the income threshold for child tax credit; and b is not in receipt of an award of working tax credit except where– i the award is based on the relevant income not exceeding the amount determined for the purposes of section 7(1)(a) of the 2002 Act as the income threshold for working tax credit; or ii the pupil entitled to the award is treated as being engaged in qualifying remunerative work (within the meaning of the 2002 Act) by virtue of regulation 7D of the 2002 Regulations. Revocation of the Education (School Meals) (Scotland) Regulations 2003 5 The Education (School Meals) (Scotland) Regulations 2003 are revoked. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th May 2009
DAMAGES Citation 1 This Order may be cited as the Damages (Asbestos related Conditions) (Scotland) Act 2009 (Commencement) Order 2009. Commencement 2 The appointed day for the Damages (Asbestos related Conditions) (Scotland) Act 2009 coming into force is 17th June 2009. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th April 2009
CHILDREN AND YOUNG PERSONS Citation and commencement 1 These Regulations may be cited as the Adoption and Children (Scotland) Act 2007 (Supervision Requirement Reports in Applications for Permanence Orders) Regulations 2009 and come into force on 28th September 2009. Interpretation 2 In these Regulations– “the 1995 Act ” means the Children (Scotland) Act 1995 ; and “relevant local authority” has the same meaning as in section 93(1) of the 1995 Act. Supervision requirement report 3 1 The information prescribed for the purposes of section 95(2) of the Adoption and Children (Scotland) Act 2007 to be contained in the report prepared by the children’s hearing is– a the terms of the proposed supervision requirement and the reasons for making it; b the terms of any current supervision requirement; c the terms of any proposed modification of any current supervision requirement and the reasons for making that modification; and d the report of the proceedings of the children’s hearing prepared in accordance with rule 31(1) of the Children’s Hearings (Scotland) Rules 1996 . 2 In paragraph (1)(a), (b) and (c) “terms” includes– a any condition contained in the supervision requirement under section 70(3)(b) of the 1995 Act; b any residence requirement contained in the supervision requirement under section 70(3)(a) of the 1995 Act; and c any duties imposed on the relevant local authority and specified in the supervision requirement under section 70(3A) of the 1995 Act. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th April 2009
CHILDREN AND YOUNG PERSONS Citation and commencement 1 This Order may be cited as the Period to Prepare an Adoption Allowances Scheme (Scotland) Order 2009 and comes into force on 28th September 2009. Interpretation 2 In this Order “ the Act ” means the Adoption and Children (Scotland) Act 2007. Period to prepare an adoption allowances scheme 3 An adoption agency which is a local authority must, within the period of 3 months after the coming into force of section 71 (Adoption allowances schemes) of the Act, prepare an adoption allowances scheme. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th April 2009
FOOD Citation, commencement and extent 1 1 These Regulations may be cited as the Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (Scotland) Regulations 2009 and come into force on 25th May 2009. 2 These Regulations extend to Scotland only. Amendment of the Colours in Food Regulations 1995 2 1 The Colours in Food Regulations 1995 are amended in accordance with paragraph (2). 2 In regulation 2(1) (interpretation)– a for the definition of “Directive 95/45/EC ” substitute the following– “Directive 2008/128/EC ” means Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs ; ; b in the definition of “permitted colour”, for the expression “the annex to Directive 95/45/EC ” substitute the expression “Annex I to Directive 2008/128/EC ”. Amendment of the Sweeteners in Food Regulations 1995 3 1 The Sweeteners in Food Regulations 1995 are amended in accordance with paragraph (2). 2 In regulation 2(1) (interpretation)– a for the definition of “Directive 95/31/EC ” substitute the following– “Directive 2008/60/EC ” means Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs; ; b in the definition of “permitted sweetener”, for the expression “the annex to Directive 95/31/EC ” substitute the expression “Annex I to Directive 2008/60/EC ”. Amendment of the Miscellaneous Food Additives Regulations 1995 4 1 The Miscellaneous Food Additives Regulations 1995 are amended in accordance with paragraph (2). 2 In regulation 2(1) (interpretation)– a for the definition of “Directive 96/77/EC ” substitute the following– “Directive 2008/84/EC ” means Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners as that Directive stood before the amendment made by Commission Directive 2009/10/EC amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweetners ; ; b in the definition of “purity criteria”, in paragraph (a) for the expression “the Annex to Directive 96/77/EC ” substitute the expression “Annex I to Directive 2008/84/EC ”. S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th April 2009