othertales/uklegislation huggingface dataset:
ENFORCEMENT Citation and commencement 1 1 These Regulations may be cited as the Diligence (Scotland) Regulations 2009 and come into force on 22nd April 2009. Interpretation 2 In these Regulations– “the 1868 Act ” means the Titles to Land Consolidation (Scotland) Act 1868; “the 1987 Act ” means the Debtors (Scotland) Act 1987; and “the 2007 Act ” means the Bankruptcy and Diligence etc. (Scotland) Act 2007. Inhibition Forms for inhibition 3 1 The forms in Schedules 1 to 6 are prescribed for the purposes of the relative provisions– a Schedule 1 – schedule of inhibition (section 148(3)(a) of the 2007 Act); b Schedule 2 – certificate of execution of inhibition (Court of Session) (section 148(3)(b) of the 2007 Act); c Schedule 3 – certificate of execution of inhibition (Sheriff Court) (section 148(3)(b) of the 2007 Act); d Schedule 4 – notice of inhibition (section 155(4) of the 1868 Act); e Schedule 5 – notice of Summons for breach of inhibition (section 159 of the 1868 Act); and f Schedule 6 – discharge of notice of Summons for breach of inhibition (section 159A(3) of the 1868 Act). 2 The form of schedule of inhibition prescribed for registration under section 148(1)(a) of the 2007 Act (registration of inhibition) is a certified copy of the schedule of inhibition required by paragraph (1)(a) and Schedule 1 to these Regulations. Arrestment Forms for arrestment 4 The forms in Schedules 7 to 9 are prescribed for the purposes of the relative provisions– a Schedule 7 – schedule of arrestment (section 73B(2) of the 1987 Act); b Schedule 8 – arrestee disclosure (section 73G(2) of the 1987 Act); and c Schedule 9 – debtor mandate (section 73S(1) of the 1987 Act). FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd February 2009
REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC. Citation, commencement and interpretation 1 1 This Order may be cited as the Registration of Births, Deaths and Marriages (Fees) (Scotland) Order 2009 and comes into force on 1st April 2009. 2 In this Order a reference to a numbered column is to the column in the Schedule to this Order bearing that number. Fees 2 The enactments in column 1 are amended by increasing the sum specified by that enactment as the amount or maximum amount payable in respect of the matter described in column 2 from the sum shown in column 3 to the sum shown in column 4. Revocation 3 The Registration of Births, Deaths and Marriages (Fees) (Scotland) Order 2002 is revoked. JIM MATHER Authorised to sign by the Scottish Ministers St Andrew’s House Edinburgh 23rd February 2009
ENFORCEMENT Citation and commencement 1 This Order may be cited as the Arrestment Jurisdiction (Scotland) Order 2009 and comes into force on 22nd April 2009. Interpretation 2 In this Order– a references to a “decree or document of debt” or to a “judgment” are to a decree or document of debt within the meaning of section 73A of the Debtors (Scotland) Act 1987 ; and b references to sections are to sections in Part 3A of that Act . Applications to sheriff on failure to disclose property and funds attached on arrestment 3 In relation to an application to the sheriff under section 73H (to penalise failure to disclose property and funds attached), “sheriff” means– a where the creditor has arrested in pursuance of a warrant granted for diligence on the dependence, the sheriff who granted that warrant; or b in execution of a decree or document of debt by arrestment– i the sheriff having jurisdiction over the place where the judgment has been or is to be executed; or ii the sheriff having jurisdiction over the place where the debtor is domiciled. Applications to sheriff to recall or restrict arrestment on notice of objection 4 In relation to an application to the sheriff under section 73M(1) (to recall or restrict arrestment on notice of objection), “sheriff” means– a the sheriff having jurisdiction over the place where the judgment has been or is to be executed by arrestment; or b the sheriff having jurisdiction over the place where the debtor is domiciled. Applications to sheriff for release of property as unduly harsh 5 In relation to an application to the sheriff under section 73Q(2) (for release of property as unduly harsh), “sheriff” means– a the sheriff having jurisdiction over the place where the judgment has been or is to be executed by arrestment; or b the sheriff having jurisdiction over the place where the debtor is domiciled. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd February 2009
REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC. Citation and commencement 1 These Regulations may be cited as the Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2009 and come into force on 1st April 2009. Amendments to the Registration Services (Fees, etc.) (Scotland) Regulations 2006 2 1 The Registration Services (Fees, etc.) (Scotland) Regulations 2006 are amended in accordance with paragraphs (2) to (4). 2 In Part II of Schedule 2 (fees payable to district registrars for issue of extracts of entries in statutory registers and parochial registers) in column 3 of entries 1 and 2, for “£8.50” substitute “£9.00”. 3 In Part I of Schedule 3 (fees payable under the Marriage (Scotland) Act 1977)– a in column 3– i for “£26.00” substitute “£28.00”; and ii for “£46.50” substitute “£50.00”; and b omit column 4. 4 In Part II of Schedule 3 (fees payable under the Civil Partnership Act 2004 – registration)– a in column 3– i for “£26.00” substitute “£28.00”; and ii for “£46.50” substitute “£50.00”; and b omit column 4. PAUL M PARR Deputy Registrar General for Scotland New Register House, Edinburgh 19th February 2009 Approved by the Scottish Ministers JIM MATHER Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd February 2009
EDUCATION Citation, commencement and extent 1 1 This Order may be cited as the Education (Recognised Bodies) (Scotland) Amendment Order 2009 and comes into force on 2nd March 2009. 2 This Order extends to Scotland only. Amendment of the Education (Recognised Bodies) (Scotland) Order 2007 2 The Schedule to the Education (Recognised Bodies) (Scotland) Order 2007 is amended in accordance with articles 3 to 15. 3 After the entry for Archbishop of Canterbury insert “Arts Institute at Bournemouth, The”. 4 After the entry for University of the Arts, London insert “Ashridge (Bonar Law Memorial) Trust (also known as “Ashridge”)”. 5 After the entry for Birmingham City University insert “University College Birmingham”. 6 Omit the entry for College of St Mark & St John, Plymouth and after the entry for Oxford Brookes University insert “University College Plymouth, St Mark & St John”. 7 For “University College for the Creative Arts at Canterbury, Epsom, Farnham, Maidstone and Rochester” substitute “University for the Creative Arts”. 8 After the entry for University of Gloucestershire insert “Glyndŵr University (Prifysgol Glyndŵr)”. 9 Omit the entry for Henley Management College. 10 Omit the entry for Napier University and after the entry for University of Edinburgh insert “Edinburgh Napier University”. 11 For “Newman College of Higher Education, Birmingham” substitute “Newman University College”. 12 After the entry for University of Northumbria at Newcastle insert “Norwich University College of the Arts”. 13 For “University of St. Andrews” substitute “University of St Andrews”. 14 After the entry for Swansea University (Prifysgol Abertawe) insert “Swansea Metropolitan University (Prifysgol Fetropolitan Abertawe)”. 15 After the entry for Thames Valley University insert– a “Trinity College Carmarthen”; and b “ UHI Millennium Institute”. FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 18th February 2009
EDUCATION Citation, commencement and extent 1 1 This Order may be cited as the Education (Listed Bodies) (Scotland) Amendment Order 2009 and comes into force on 1st March 2009. 2 This Order extends to Scotland only. Amendment of the Education (Listed Bodies) (Scotland) Order 2007 2 The Education (Listed Bodies) (Scotland) Order 2007 is amended in accordance with article 3 and 4. 3 In section 1 of part 1 the Schedule (which sets out the bodies providing courses in preparation for a degree)– a omit the entries for– i Arts Institute at Bournemouth, The; ii Ashridge Management College; iii Birmingham College of Food, Tourism and Creative Studies; iv Birmingham International College; v Cambridge College of Learning; vi Central College; vii London School of Accountancy and Management; viii North East Wales Institute of Higher Education ( NEWI ); ix Norwich School of Art and Design; x Saxon College; xi Suffolk College; xii Swansea Institute of Higher Education; xiii Trinity College, Carmarthen; xiv UHI Millennium Institute; and xv Westminster College of Computing; b omit the entry for Coleg Llandrillo and insert in alphabetical order in the appropriate place “Llandrillo College (known as Coleg Llandrillo)”; c omit the entry for Trinity and all Saints College and insert in alphabetical order in the appropriate place “Leeds Trinity and All Saints”; d for “Regents Theological College” substitute “Regents Theological College, Nantwich”; and e insert in alphabetical order in the appropriate place– i “Alpha Meridian College”; ii “Ayr College”; iii “Brittin College”; iv “Court Theatre Training Company”; v “Kaplan Financial Limited”; vi “London College of Business”; vii “Rayat London College”; viii “Resource Development International”; ix “School of Psychotherapy and Counselling Psychology”; x “Stephenson College”; xi “TASMAC London School of Business”; and xii “Thurrock and Basildon College”. 4 In section 2 of part 1 of the Schedule (which sets out the bodies providing foundation degrees only)– a omit the entries for– i Barking and Dagenham Borough Council; ii East Antrim Institute of Further and Higher Education; iii London Academy for Higher Education; iv Thurrock and Basildon College; and v Waltham Forest College; and b insert in alphabetical order in the appropriate place– i “Coleg Harlech WEA(N)”; ii “Creative Academy”; and iii “Kaplan Aspect”. FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 18th February 2009
PENSIONS Citation and commencement 1 These Regulations may be cited as the Local Government Pension Scheme Amendment (Scotland) Regulations 2009 and shall come into force on 1st April 2009. Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 2 The Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 are amended in accordance with regulations 3 to 7. 3 In regulation 2 (interpretation), for ““pension member”” substitute ““pensioner member””. 4 In regulation 3(3) (active members), for “a contract of employment of more than three months' duration” substitute “a contract of employment of a duration of three months or more”. 5 In regulation 11(2) (final pay: fees) for “ending 31st March” substitute “on the anniversary of the date on which the member left the employment”. 6 In regulation 29(4) (calculation on leaving early), for “regulation 7(2)” substitute “regulation 7”. 7 In regulation 31(2) (early payment of pension: ill health), before “authority” insert “administering”. Amendment of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 8 The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 are amended in accordance with regulations 9 to 12. 9 In the entry of the list of contents relating to regulation 25, for “regulation 24(4)” substitute “regulation 23(4)”. 10 In regulation 3(1)(b) (general eligibility for membership), for “regulation 3(3)” substitute “regulation 3(2)”. 11 For regulation 8(3)(b) (separate employments etc. ) substitute– b a returning officer (including as a regional or local returning officer at a European Parliamentary election) . . 12 In regulation 12(5) (periods of membership), for “regulation 7(1)(a)” substitute “regulation 7(a)”. Amendment of the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008 13 The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008 are amended in accordance with regulations 14 and 15. 14 In regulation 15(2)(b) (communities scheme transferees), for “the 1987 Regulations” substitute “the 1987 Scheme”. 15 In Schedule 2 (the 85 year rule: transitional provisions and savings)– a in paragraph 1– i omit “Subject to paragraph 7,”; and ii for “regulation 18(2)” substitute “regulation 18(3)”; b in paragraph 4(1), for “regulation 14” substitute “regulation 13”; and c omit paragraph 6(3). JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 5th March 2009
HIGH COURT OF JUSTICIARY Citation and commencement 1 This Order may be cited as the High Court of Justiciary Fees Amendment Order 2009 and comes into force on 6th April 2009. Amendment of the High Court of Justiciary Fees Order 1984 2 In article 2A (Exemption of certain persons from fees) of the High Court of Justiciary Fees Order 1984 – a at the end of paragraph (f) omit “or”; b in paragraph (g), for “£16,017” substitute “£16,642” ; and c at the end of paragraph (g), insert– ; or the person or his or her partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007 . . FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th March 2009
POLICE Citation and commencement 1 This Order may be cited as the Police Grant (Revocation and Variation No. 2) (Scotland) Order 2009 and shall come into force on 12th March 2009, but article 2 shall have effect from 1st April 2008. Revocation 2 This Order revokes the Police Grant (Variation) (Scotland) Order 2009 . Variation of the Police Grant (Scotland) Order 2008 3 The Police Grant (Scotland) Order 2008 is varied as follows– a in article 2 (aggregate amounts of grants for financial year 2008–2009), for “£566,628,000” substitute “£551,953,226”; and b in article 3 (amount of grant to an authority for financial year 2008–2009), for the table contained therein, substitute the following table– (1) (2) Authority Amount of Grant Central Scotland Joint Police Board £26,586,271 The Dumfries and Galloway Council £15,240,117 The Fife Council £32,800,707 Grampian Joint Police Board £51,008,878 Lothian and Borders Joint Police Board £98,641,406 Northern Joint Police Board £28,122,367 Strathclyde Joint Police Board £257,145,196 Tayside Joint Police Board £42,408,284 . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 18th February 2009
TOWN AND COUNTRY PLANNING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Town and Country Planning (Amount of Fixed Penalty) (Scotland) Regulations 2009 and come into force on 3rd August 2009. 2 In these Regulations “ the Act ” means the Town and Country Planning (Scotland) Act 1997. Amount of fixed penalty 2 The amount prescribed for the purposes of– a section 136A(4) of the Act is £2,000; and b section 145A(4) of the Act is £300. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th February 2009
TOWN AND COUNTRY PLANNING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and come into force on 6th April 2009. 2 In these Regulations– “ the Act ” means the Town and Country Planning (Scotland) Act 1997; “industrial process” means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to– the making of any article or part of any article including a ship or vessel or a film, video or sound recording; the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the dressing or treatment of minerals; “site” means the land to which development relates. Hierarchy of Developments 2 1 The classes of development belonging to the category of major developments are– a development described in Column 1 of the table in the Schedule, where any applicable threshold or criterion in the corresponding part of Column 2 of that table is met or exceeded in relation to that development; and b any change to or extension of development of a class described in paragraphs 2 to 9 of Column 1 of that table where such a change or extension in itself meets or exceeds the appropriate threshold or criterion for that class of development. 2 All development other than national developments and major developments belongs to the category of local developments. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th February 2009
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Local Government Finance Act 1992 (Scotland) Order 2009 and comes into force on the day after the day on which it is approved by a resolution of the Scottish Parliament. Revenue support grant for 2009–2010 2 1 The local authorities to which revenue support grant is payable in respect of the financial year 2009–2010 are specified in column 1 of Schedule 1. 2 The amount of the revenue support grant payable to each local authority specified in column 1 of Schedule 1 in respect of the financial year 2009–2010 shall be the amount determined in relation to that local authority set out in column 2 of that Schedule opposite the name of that local authority. Distribution of non-domestic rate income for 2009–2010 3 1 The distributable amount of non domestic rate income arrived at under paragraph 9 of Schedule 12 to the Local Government Finance Act 1992 in respect of the financial year 2009 2010 is £2,165,100,000. 2 The local authorities among whom the distributable amount of non domestic rate income is distributed in respect of the financial year 2009–2010 are specified in column 1 of Schedule 1. 3 The amount of non domestic rate income distributed to each local authority specified in column 1 of Schedule 1 in respect of the financial year 2009 2010 shall be that part of the distributable amount for that year determined in relation to that local authority set out in column 3 of that Schedule opposite the name of that local authority. Revenue support grant for 2008–2009 4 1 The local authorities to which revenue support grant is payable in respect of the financial year 2008 2009 are specified in column 1 of Schedule 2. 2 The amount of the revenue support grant payable to each local authority specified in column 1 of Schedule 2 in respect of the financial year 2008–2009 shall be the amount redetermined in relation to that local authority set out in column 2 of that Schedule opposite the name of that local authority. Revocations 5 1 Article 2 of, and column 2 of Schedule 1 to the Local Government Finance (Scotland) Order 2008 (which previously determined the amount of revenue support grant payable to each local authority in respect of the financial year 2008 2009) are revoked. 2 The Local Government Finance (Scotland) Order 2009 is revoked. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 4th February 2009
JUSTICE OF THE PEACE COURT Citation and interpretation 1 1 This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Commencement No. 1) Order 2009. 2 References to sections and schedules are references to sections of, and schedules to, the Judiciary and Courts (Scotland) Act 2008. Commencement 2 Section 59, section 60(2) in so far as it relates to subparagraphs (2), (3) and (4) of paragraph 3 of schedule 3, and said subparagraphs come into force on 16th March 2009. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd March 2009
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 This Order may be cited as the Financial Assistance for Environmental Purposes (Scotland) Order 2009 and comes into force on 6th April 2009. 2 This Order extends to Scotland only. Variation of section 153(1) of the Environmental Protection Act 1990 2 In section 153(1) of the Environmental Protection Act 1990 (financial assistance for environmental purposes), after paragraph (yy) , insert– zz the scheme known as the Community and Renewable Energy Scheme. . JIM MATHER Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th February 2009
RATING AND VALUATION Citation and commencement 1 These Regulations may be cited as the Non Domestic Rating (Payment of Interest) (Scotland) Amendment Regulations 2009 and shall come into force on 1st April 2009. Amendment of the Non Domestic Rating (Payment of Interest) (Scotland) Regulations 1992 2 The Non Domestic Rating (Payment of Interest) (Scotland) Regulations 1992 are amended in accordance with the following regulations. Amendment of Regulation 3 3 1 In regulation 3(1) (entitlement to interest)– a for “Subject to paragraph (2)” substitute “Subject to paragraphs (2) and (3)”; b delete “or, as the case may be, regulation 5 or 6”. 2 After regulation 3(2) insert– 3 Where the base lending rate referred to in regulation 4(2)(e) is, or is lower than, 1%, paragraph (1) shall not apply in respect of such part of the repayment as is referable to the overpayment in relation to that relevant period. . Amendment of Regulation 4 4 In regulation 4 (calculation of interest)– a in paragraph (2)(d) for “the year commencing on 1st April 1993 or any subsequent year,” substitute “a year commencing from 1st April 1993, but ending before 1st April 2009,”; b after paragraph (2)(d) insert– e in relation to a period constituting, or falling within, the year commencing on 1st April 2009 or any subsequent year, the rate equivalent to one percentage point less than the base lending rate set by the Monetary Policy Committee of the Bank of England in connection with its responsibilities under Part 2 of the Bank of England Act 1998 which is effective at the start of 15th March of the preceding year. . Revocation of Regulations 5 and 6 5 Regulations 5 and 6 (which relate to repayments made prior to 1st October 1992) are revoked. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 26th February 2009
INTERNATIONAL IMMUNITIES AND PRIVILEGES Citation and commencement 1 This Order may be cited as the International Organisations (Immunities and Privileges) (Scotland) Order 2009 and comes into force on the day after the day it is made. Immunities and privileges of International Organisations 2 1 The Schedules to this Order make provision (to apply in or as regards Scotland) about immunities and privileges for the purposes of the organisations to which those Schedules relate. 2 In those Schedules, “the 1968 Act ” means the International Organisations Act 1968. Revocations 3 The following Orders are revoked (so far as they apply in or as regards Scotland)– a in consequence of Schedule 1, the INMARSAT (Immunities and Privileges) Order 1980 ; b in consequence of Schedule 4, the International Sea-Bed Authority (Immunities and Privileges) Order 1996 ; c in consequence of Schedule 8– i the Inter-Governmental Maritime Consultative Organisation (Immunities and Privileges) Order 1968 ; ii the Inter-Governmental Maritime Consultative Organization (Immunities and Privileges) (Amendment) Order 1972 ; iii the Inter-Governmental Maritime Consultative Organisation (Immunities and Privileges) (Amendment) Order 1982 ; d in consequence of Schedule 11, the International Tribunal for the Law of the Sea (Immunities and Privileges) Order 1996 . Judith Simpson Clerk of the Privy Council