othertales/uklegislation huggingface dataset:
ADULTS WITH INCAPACITY Citation and commencement 1 These Regulations may be cited as the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008 and come into force on 1st April 2008. Amendment of the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 2 1 The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 are amended as follows. 2 In regulation 3 after “section 57(3)(a)” insert “, or, as the case may be, section 60(3)(a) ,”. 3 In regulation 4 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or by a mental health officer under section 60(3)(b) in respect of an application for a category (b) order below”. 4 In regulation 5 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or under section 60(3)(b) in respect of an application for a category (b) order below”. 5 In regulation 6 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or by the Public Guardian under section 60 (3)(c) in respect of an application for a category (b) order below”. 6 In Schedule 1– a for “section 57(3)(a)” where it first appears substitute “sections 57(3)(a) and 60(3)(a)”; b for Part A substitute Schedule 1 to these Regulations; c in Part C for the footnote for “mental disorder” substitute:– mental disorder has the meaning given to it in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, namely that it means any mental illness; personality disorder or learning disability however caused or manifested, but an adult is not mentally disordered by reason only of sexual orientation; sexual deviancy; transsexualism; transvestism; dependence on, or use of, alcohol or drugs; behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person; or acting as no prudent person would act. ; and d in the last sentence of Part C after “primary carer” insert “named person”. 7 In Schedules 2, 4, 5, 7, 8 and 10 in Parts D after paragraph 5 insert the text in Schedule 2 to these Regulations as paragraph 5A . 8 For Schedule 3 substitute Schedule 3 to these Regulations. 9 For Schedule 6 substitute Schedule 4 to these Regulations. 10 For Schedule 9 substitute Schedule 5 to these Regulations. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th February 2008
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 2008 and shall come into force on 7th April 2008. Application 2 These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 7th April 2008. Amendment of the Advice and Assistance (Scotland) Regulations 1996 3 In regulation 16(2)(b) of the Advice and Assistance (Scotland) Regulations 1996 for “£4,821”, substitute “£5,009” . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 20th February 2008
POLICE Citation, commencement and interpretation 1 1 This Order may be cited as the Police Grant (Scotland) Order 2008 and comes into force on 1st April 2008. 2 In this Order– “authority” means a police authority (not being a constituent authority) or a joint police board; “financial year 2008–2009” means the period of 12 months commencing on 1st April 2008; and “police grant” means the grant made under section 32(1) of the Police (Scotland) Act 1967. Aggregate amounts of grants for financial year 2008–2009 2 The aggregate amount of police grant to be made for the financial year 2008 2009 shall be £566,628,000. Amount of grant to an authority for financial year 2008–2009 3 The amount of police grant to be made for the financial year 2008 2009 to each authority specified in column 1 of the Table below shall be the amount determined in relation to that authority which is set out in column 2 of that Table opposite to the name of the authority. (1) (2) Authority Amount of Grant Central Scotland Joint Police Board £27,200,000 The Dumfries and Galloway Council £15,753,000 The Fife Council £33,615,000 Grampian Joint Police Board £52,624,000 Lothian and Borders Joint Police Board £100,970,000 Northern Joint Police Board £29,245,000 Strathclyde Joint Police Board £263,229,000 Tayside Joint Police Board £43,992,000 Payment of grant 4 The police grant payable to an authority by virtue of this Order for the financial year 2008 2009 shall be paid to that authority in monthly instalments on the fifteenth day of each month during that year. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House,Edinburgh 19th February 2008
INSOLVENCY Citation 1 This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 2 and Saving) Order 2008. Appointed day in respect of protected trust deeds and regulation-making procedure 2 Sections 20 and 35 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 come into force on 19th February 2008. Saving 3 Paragraphs 5 to 13 of Schedule 5 to the Bankruptcy (Scotland) Act 1985 are saved in relation to protected trust deeds granted before 1st April 2008. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 18th February 2008
WATER INDUSTRY Citation and commencement 1 This Order may be cited as the Water and Sewerage Services Undertaking (Lending by the Scottish Ministers) Order 2008 and comes into force on 17th March 2008. Interpretation 2 In this Order– a “ the Act ” means the Water Services etc. (Scotland) Act 2005; and b “the undertaking” means the water and sewerage services undertaking established for the purposes of section 13 of the Act. Lending by the Scottish Ministers 3 The undertaking may, with the consent of Scottish Water, borrow from the Scottish Ministers sums of such amounts as the Scottish Ministers may determine in circumstances where those sums are required to enable it to perform activities authorised by a water services or sewerage services licence granted to it under section 6(1) or (3) of the Act. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th February 2008
ADULT SUPPORT Citation and commencement 1 This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Adults with Incapacity) (Consequential Provisions) Order 2008 and comes into force on 1st April 2008. Amendment of the Civil Legal Aid (Scotland) Regulations 2002 2 The Civil Legal Aid (Scotland) Regulations 2002 are amended by substituting for subparagraphs (e), (f) and (g) of regulation 14(4) the following— e an application under section 24C, 24D, 25, 26B, 26D, 26F or 26G of the 2000 Act is remitted for determination by the sheriff under section 27F(1) of the 2000 Act; f a decision of the Public Guardian to grant or refuse an application under section 24C, 24D, 25, 26B, 26D, 26E, 26F or 26G of the 2000 Act; to reduce or extend the period of validity of a withdrawal certificate under section 31(2) of the 2000 Act; or to suspend or terminate the authority of a withdrawer under section 31A is appealed under section 31D of the 2000 Act; g a decision of the Public Guardian to refuse to remit an application to the sheriff under section 27F of the 2000 Act is appealed under section 31D of the 2000 Act; . Revocation of the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 3 The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 are revoked. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th February 2008
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2008 and shall come into force on 7th April 2008. Application 2 These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 7th April 2008. Amendment of the Civil Legal Aid (Scotland) Regulations 2002 3 In regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002 , for “£4,821” substitute “£5,009” . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 20th February 2008
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Registration Appeals) 2008 and shall come into force on 17th March 2008. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of Summary Application Rules 2 1 Part XI of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (Representation of the People Act 1983) is amended in accordance with the following sub-paragraphs. 2 In rule 3.11.1 (interpretation and application)– a in paragraph (1), for “rule 3.11.2” substitute “rules 3.11.2, 3.11.22 and 3.11.23 ”; b for paragraph (2) substitute– 2 In this Part– a rules 3.11.2 to 3.11.21 apply to election petitions under the Act; and b rules 3.11.22 to 3.11.24 apply to registration appeals under section 56 of the Act where the appellant is a person– i whose entry in the register is an anonymous entry; or ii who has applied for such an entry. . 3 After rule 3.11.21 insert– Application for serial number 3.11.22 1 Where a person desiring to appeal wishes to prevent his identity being disclosed he may, before lodging the appeal, apply to the sheriff clerk for a serial number to be assigned to him for all purposes connected with the appeal. 2 On receipt of an application for a serial number, the sheriff clerk shall assign such a number to the applicant and shall enter a note of it opposite the name of the applicant in the register of such serial numbers. 3 The contents of the register of serial numbers and the names of the persons to whom each number relates shall be treated as confidential by the sheriff clerk and shall not be disclosed to any person other than– a the sheriff; b the registration officer whose decision or determination is the subject of the appeal. 4 In this rule and in rule 3.11.23 “sheriff clerk” means the sheriff clerk of the sheriff court district in which the appeal is or is to be raised. Confidentiality 3.11.23 Unless the sheriff otherwise directs, all documents lodged in process of an appeal to which this rule applies are to be available only to the sheriff and the parties; and such documents are to be treated as confidential by all persons involved in, or party to, the proceedings and by the sheriff clerk. Hearing 3.11.24 The hearing of an appeal to which this rule applies is to be in private. . A C Hamilton Lord President I.P.D. Edinburgh 14th February 2008
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2008 and shall come into force on 1st April 2008. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. 3 In this Act of Sederunt, a reference to Schedule 1 is to Schedule 1 to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 . Amendment of general regulations 2 1 In paragraph (f) of general regulation 14 in Schedule 1, at the beginning insert “except in personal injury claims,”. 2 This paragraph shall not affect fees chargeable for work done before 1st April 2008. Amendment of table of fees 3 1 The table of fees in Schedule 1 is amended in accordance with the following subparagraph. 2 In the provisions of the table of fees which are mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, substitute the amounts specified in column 3 of that Schedule. 3 Subparagraph (2) shall not affect fees chargeable for work done, or outlays incurred, before 1st April 2008. A C Hamilton Lord President I.P.D. Edinburgh 15th February 2008
CRIMINAL LAW Citation 1 This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Savings) Order 2008. Interpretation 2 In this Order– “the 2007 Act ” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and “the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995 . Commencement 3 1 The provisions of the 2007 Act specified in column 1 of the Schedule to this Order, the subject matter being specified in column 2, come into force on 10th March 2008. 2 The coming into force of the provisions listed in the Schedule to this Order are subject to– a the savings in articles 4 to 6; and b any exceptions or limitations on extent specified in that Schedule. 3 Where a particular purpose or area is specified in relation to any provision in column 1 of the Schedule to this Order, that provision shall come into force on 10th March 2008 for that purpose or in that area only. Savings relating to liberation on undertaking 4 1 The provisions of section 7 of the 2007 Act which are commenced by this Order shall not apply for the purposes of any undertaking entered into under sections 21 or 22 of the 1995 Act before 10th March 2008. 2 Without prejudice to the generality of paragraph (1), “purposes” shall include any proceedings relating to any such undertaking. Savings relating to disclosure of convictions 5 The provisions of section 12 of the 2007 Act which are commenced by this Order (being the provisions which insert section 166A into the 1995 Act) shall only apply where the offence which the court is deciding the disposal of was committed on or after 10th March 2008. Savings relating to fixed penalty offers 6 Sections 50(1), 52, 53 and 54 of the 2007 Act shall not apply to any conditional offer (under section 302 of the 1995 Act) made before 10th March 2008. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 19th February 2008
ROADS AND BRIDGES Citation and commencement 1 These Regulations may be cited as the Road Works (Inspection Fees) (Scotland) Amendment Regulations 2008 and shall come into force on 1st April 2008. Amendment of the Road Works (Inspection Fees) (Scotland) Regulations 2003 2 In regulation 3(1) of the Road Works (Inspection Fees) (Scotland) Regulations 2003 for “£24.00” substitute “£25.00”. Revocation 3 The Road Works (Inspection Fees) (Scotland) Amendment Regulations 2007 are revoked. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th February 2008
CRIMINAL LAW Citation and commencement 1 This Order may be cited as the Emergency Workers (Scotland) Act 2005 (Modification) Order 2008 and shall come into force on 1st April 2008. Modification of the Emergency Workers (Scotland) Act 2005 2 In section 1(3) of the Emergency Workers (Scotland) Act 2005 (assaulting or impeding certain providers of emergency services)— a at the end of paragraph (b), omit “or”; and b after paragraph (c), add— d that of a registered medical practitioner; e that of a registered nurse; or f that of a registered midwife . 3 In section 2(3) of that Act (assaulting or impeding certain emergency workers responding to emergency circumstances) omit paragraphs (d), (e) and (f). S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 31st January 2008
CRIMINAL LAW Citation, commencement and interpretation 1 1 This Order may be cited as the Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2008 and comes into force on 21st March 2008. 2 In this Order, “the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993. Prescribed standard conditions 2 For the purposes of section 12AA(3) of the 1993 Act– a the conditions specified in Part 1 of the Schedule to this Order are prescribed as standard conditions which must be included in any licence granted in respect of a prisoner specified in section 3AA(1)(a) of the 1993 Act; and b the conditions specified in Part 2 of the Schedule to this Order are prescribed as standard conditions which must be included in any licence granted in respect of a prisoner specified in section 3AA(1)(b) of the 1993 Act. Revocation 3 The Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2006 is revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 11th February 2008
ENERGY CONSERVATION Citation and commencement 1 These Regulations may be cited as the Home Energy Efficiency Scheme (Scotland) Amendment Regulations 2008 and come into force on 6th April 2008. Amendment of the Home Energy Efficiency Scheme (Scotland) Regulations 2006 2 Regulation 7(2)(c) of the Home Energy Efficiency Scheme (Scotland) Regulations 2006 is amended by substituting “£16,642” for “£16,017”. Revocation 3 The Home Energy Efficiency Scheme (Scotland) Amendment Regulations 2007 are revoked. S MAXWELL Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh 13th February 2008
HOUSING Citation and commencement 1 This Order may be cited as the Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2008 and comes into force on 12th March 2008. General fund contribution limits 2 The amount of contribution out of its general fund which a local authority may estimate that it will carry to the credit of its housing revenue account for the year 2008–2009 is limited to nil. S MAXWELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th February 2008
PRISONS Citation and Commencement 1 These Rules may be cited as the Discontinuance of Legalised Police Cells (Scotland) Revocation Rules 2008 and come into force on 19th February 2008. Revocation 2 The Discontinuance of Legalised Police Cells (Scotland) Rules 2008 are revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 7th February 2008
RATING AND VALUATION Citation and commencement 1 This Order may be cited as the Non Domestic Rate (Scotland) Order 2008 and comes into force on 1st April 2008. Non-domestic rate for 2008–2009 2 For the purposes of section 7B of the Local Government (Scotland) Act 1975, the Scottish Ministers prescribe a rate of 45.8 pence per pound as the non-domestic rate to be levied throughout Scotland in respect of financial year 2008–2009. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 7th February 2008
HOUSING Citation and commencement 1 This Order may be cited as the Housing (Scotland) Act 2001 (Alteration of Housing Finance Arrangements) Order 2008 and comes into force on 1st April 2008. Date of cessation of housing support grants and duty to keep housing revenue account 2 1st April 2008 is the date on which sections 191 to 193 (housing support grants) and section 203(1) (duty to keep housing revenue account) of the Housing (Scotland) Act 1987 cease to apply in relation to Inverclyde Council. Accounting arrangements for income and expenditure accounted for in the housing revenue account and land held on that account 3 1 The income and expenditure of Inverclyde Council which would, prior to 1st April 2008, have been income and expenditure accounted for in the housing revenue account will, subject to article 4, on and after that date be paid into, or as the case may be out of, the general fund of Inverclyde Council. 2 In this article, “general fund” means the fund which a local authority requires to have by virtue of section 93 of the Local Government (Scotland) Act 1973 . 4 Inverclyde Council will, in addition, keep a separate accounting record of all buildings and land which would immediately before 1st April 2008, have been held in the housing revenue account of that local authority and any such record will record income received by Inverclyde Council for a disposal of any such building or land. S MAXWELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 31st January 2008
COURT OF SESSION Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2008 and shall come into force on 1st April 2008. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of rule 42.9 2 1 In rule 42.9 (form of account of expenses) of the Rules of the Court of Session 1994 delete “and shall be taxed as if the whole work in the cause had been carried out by one solicitor”. 2 This paragraph shall not affect taxation in respect of work done, or outlays incurred, before 1st April 2008. Amendment of table of fees 3 1 In the provisions of the table of fees in rule 42.16 of the Rules of the Court of Session 1994 which are mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, substitute the amounts specified in column 3 of that Schedule. 2 This paragraph shall not affect fees chargeable for work done, or outlays incurred, before 1st April 2008. A C Hamilton Lord President I.P.D. Edinburgh 15th February 2008
CRIMINAL LAW Citation, commencement and extent 1 1 These Regulations may be cited as the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Regulations 2008 and come into force on 6th May 2008. 2 These Regulations extend to Scotland only. Prescribed Police Stations 2 The police stations listed in Schedule 1 to these Regulations are prescribed for the purposes of section 87(1)(a) (method of notification and related matters) of the Sexual Offences Act 2003. Revocation 3 The Regulations specified in Schedule 2 to these Regulations are hereby revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 19th March 2008
TRANSPORT Citation 1 This Order may be cited as the Abolition of Bridge Tolls (Scotland) Act 2008 (Commencement) Order 2008. Appointed day 2 The provisions of the Abolition of Bridge Tolls (Scotland) Act 2008, in so far as they are not already in force, come into force on 11th February 2008. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th January 2008
CRIMINAL LAW Citation 1 This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 4) Order 2008. Commencement 2 1 The following provisions of the Management of Offenders etc. (Scotland) Act 2005 come into force on 11th February 2008– a section 15(5), insofar as it inserts a new section 3AA(6) into the Prisoners and Criminal Proceedings (Scotland) Act 1993 ; b section 15(10), insofar as it inserts new sections 12AA(3) to (5) into the Prisoners and Criminal Proceedings (Scotland) Act 1993. 2 Insofar as not already commenced, sections 15(4), 15(5), 15(6) and 15(8) to (13) of the Management of Offenders etc. (Scotland) Act 2005 come into force on 21st March 2008. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 28th January 2008
POLICE Citation and commencement 1 This Order may be cited as the Police Grant (Variation) (Scotland) Order 2008 and shall come into force on 7th March 2008, but article 2 shall have effect from 1st April 2007. Variation of the Police Grant (Scotland) Order 2007 2 The Police Grant (Scotland) Order 2007 is amended as follows– a in article 2 (aggregate amount of grants for financial year 2007–2008), for “£551,047,000” substitute “£551,380,710”; and b in article 3 (amount of grant to an authority for financial year 2007–2008), for the table contained therein, substitute the following table– (1) (2) Authority Amount of Grant Central Scotland Joint Police Board £26,193,354 The Dumfries and Galloway Council £15,334,384 The Fife Council £33,122,155 Grampian Joint Police Board £50,519,536 Lothian and Borders Joint Police Board £97,748,156 Northern Joint Police Board £28,789,309 Strathclyde Joint Police Board £258,128,161 Tayside Joint Police Board £41,545,655 . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 29th January 2008