othertales/uklegislation huggingface dataset:
Local Government Citation and commencement 1 This Order may be cited as the Glasgow City Council Area and North Lanarkshire Council Area (Cardowan by Stepps) Boundaries Amendment Order 2009 and comes into force on 1st April 2010. Interpretation 2 In this Order— a “the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ); and “the transfer area” is that part of the area of Glasgow City Council described in the Schedule and shown delineated and hatched on the boundary map recorded by the Local Government Boundary Commission for Scotland on the DVD-ROM— i entitled “The Glasgow City Council Area and North Lanarkshire Council Area (Cardowan by Stepps) Boundaries Amendment 2009 Map”; and ii deposited with the local authorities affected and elsewhere in accordance with regulation 3 of the 1977 Regulations; and b references to administrative boundaries in the Schedule are references to the boundaries existing immediately before the commencement of this Order. Application of the 1977 Regulations 3 The 1977 Regulations apply in relation to the area change effected by this Order except insofar as they can have no application in relation to that change. Area change 4 The transfer area is transferred to the area of North Lanarkshire Council. Consequential changes of electoral arrangements 5 The transfer area shall— a cease to form part of electoral ward 21 (North East) of the area of Glasgow City Council ; and b form part of electoral ward 5 (Strathkelvin) of the area of North Lanarkshire Council . BRUCE CRAWFORD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th October 2009
Public Health Citation and interpretation 1 1 This Order may be cited as the Public Health etc. (Scotland) Act 2008 (Commencement No. 3, Consequential Provisions and Revocation) Order 2009. 2 In this Order “ the Act ” means the Public Health etc. (Scotland) Act 2008. Commencement of provisions of the Act and consequential repeal and revocation 2 1 The provision of the Act specified in column (1) of schedule 1 (the subject matter of which is mentioned in column (2)) comes into force on 1st December 2009. 2 The amendment of the enactment specified in schedule 2 comes into force on 1st December 2009. 3 The provisions of the Act specified in column (1) of schedule 3 (the subject matter of each provision being mentioned in column (2)) come into force on 1st January 2010. 4 The consequential repeal and revocation specified in schedule 4 come into force on 1st January 2010. Revocation 3 Article 3(d) of the Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009 is revoked on 1st December 2009. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th November 2009
The A96 Trunk Road (Fochabers to Mosstodloch Bypass) (Temporary Prohibition of Traffic, Temporary Prohibition of Overtaking, Temporary Prohibition of Waiting and Loading and Temporary Speed Restriction) Order 2009 http://www.legislation.gov.uk/ssi/2009/364/made The A96 Trunk Road (Fochabers to Mosstodloch Bypass) (Temporary Prohibition of Traffic, Temporary Prohibition of Overtaking, Temporary Prohibition of Waiting and Loading and Temporary Speed Restriction) Order 2009 en King’s Printer for Scotland 2010-07-16 The A96 Trunk Road (Fochabers to Mosstodloch Bypass) (Temporary Prohibition of Traffic, Temporary Prohibition of Overtaking, Temporary Prohibition of Waiting and Loading and Temporary Speed Restriction) Order 2009 Order The A96 Trunk Road (Fochabers to Mosstodloch Bypass) (Temporary Prohibition of Traffic, Temporary Prohibition of Overtaking, Temporary Prohibition of Waiting and Loading and Temporary Speed Restriction) Order 2010 art. 8 art. 1
Mental Health Citation and commencement 1 These Regulations may be cited as the Mental Health Tribunal for Scotland (Appointment of Medical Members) Amendment Regulations 2009 and come into force on 16th November 2009. Amendment of the Mental Health Tribunal for Scotland (Appointment of Medical Members) Regulations 2004 2 In regulation 2 (medical members of the Mental Health Tribunal for Scotland) of the Mental Health Tribunal for Scotland (Appointment of Medical Members) Regulations 2004 for “medical practitioner and” substitute “fully registered person within the meaning of section 55(1) of the Medical Act 1983 , whether or not that person holds a licence to practise, and who”. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th October 2009
Animals Citation, commencement and extent 1 This Order may be cited as the Specified Animal Pathogens (Scotland) Amendment Order 2009 and comes into force on 2nd December 2009. Amendment of the Specified Animal Pathogens (Scotland) Order 2009 2 In Part 1 of Schedule 1 to the Specified Animal Pathogens (Scotland) Order 2009 (specified animal pathogens) after item number 34 (peste des petits ruminants virus) insert— 34A Porcine Reproductive and Respiratory Syndrome virus genotype 2. . R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th November 2009
Pensions Citation, commencement and interpretation 1 1 These Rules— a may be cited as the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2009; and b come into force on 16th November 2009. 2 A reference in these Rules to any rule by number alone means the rule so numbered in the Pensions Appeal Tribunals (Scotland) Rules 1981 . Amendment of the Pensions Appeal Tribunals (Scotland) Rules 1981 2 1 Omit rule 2(1A) (references to a Commissioner). 2 For rule 9 (withdrawal of appeal), substitute— 9 1 Where the Secretary of State revises the decision challenged, the appeal shall continue as if brought in relation to the revised decision. 2 The appeal will lapse if the appellant does not wish to proceed with the appeal and notifies the Pensions Appeal Office accordingly. . 3 The heading of rule 9 becomes “ Lapse of appeal ”. 4 In rule 16 (adjourned hearings) , for “a Commissioner” substitute “the Upper Tribunal”. 5 In rule 18 (decisions of the tribunal) , in paragraph (3)(b), for “a Commissioner” substitute “the Upper Tribunal”. 6 In rule 24 (appeal to a Pensions Appeal Commissioner) — a in paragraphs (1), (2) and (4), for “a Commissioner” substitute “the Upper Tribunal”; and b in paragraph (1), after “decision of the tribunal on” insert “an assessment appeal,”. 7 The heading of rule 24 becomes “ Appeal to the Upper Tribunal ”. 8 In rule 30 (applications to the President for directions) , in paragraph (1), for “a Commissioner” substitute “the Upper Tribunal”. Revocations 3 Rules 5 and 10 of the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2005 are revoked. A.C. HAMILTON Lord President Edinburgh 13th October 2009
Environmental Protection PART I GENERAL AND COMMENCEMENT Citation and interpretation 1 1 This Order may be cited as the Flood Risk Management (Scotland) Act 2009 (Commencement No. 1 and Transitional and Savings Provisions) Order 2009. 2 In this Order— “ the Act ” means the Flood Risk Management (Scotland) Act 2009; “the appointed day” means 26th November 2009; and “the 1970 Act ” means the Agriculture Act 1970 . Appointed day 2 The provisions of the Act which are specified in column 1 of the Schedule come into force on the appointed day, but where a particular purpose is specified in relation to any provision in column 2 of the Schedule that provision comes into force on the appointed day only for that purpose. PART II TRANSITIONAL AND SAVINGS PROVISIONS: FLOOD WARNING SYSTEMS Existing flood warning systems: consultation 3 Where, before the appointed day, SEPA is doing anything under section 92 of the 1970 Act it may continue to do it under section 76 of the Act without consulting in accordance with section 77(2). Consultations under the 1970 Act 4 Where, before the appointed day, SEPA has consulted or is in the process of consulting in relation to doing anything under section 92 of the 1970 Act, that consultation will be treated as if it were a consultation under section 77(2) of the Act. Arrangements with other persons under the 1970 Act 5 The repeal of section 94 of the 1970 Act does not affect the validity of any arrangements entered into by SEPA in exercise of its powers under that section. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 10th November 2009
Social Care Citation and commencement 1 This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2009 and comes into force on 16th November 2009. Amendments to the Regulation of Care (Social Service Workers) (Scotland) Order 2005 2 1 The Regulation of Care (Social Service Workers) (Scotland) Order 2005 is amended as follows. 2 In article 1(2)— a after the definition of “manager of a day care of children service” insert— “manager of a residential school care accommodation service” means a person who is employed in managing the provision of a residential school care accommodation service and is the manager of that residential school care accommodation service; ; and b after the definition of “residential child care worker” insert— “residential school care accommodation service” means a service which is provided to a child as part of a school care accommodation service which consists of the provision of residential accommodation where it is— provided by or under arrangements made by the managers of an independent school and does not provide personal care or support; provided by an education authority with respect to a special school within the meaning of the Education (Scotland) Act 1980 ; or a hostel provided by the local authority for the use of children to enable them to attend a school; ; c after the definition of “supervisor in a day care home service for adults” insert— “supervisor of a residential school care accommodation service” means a person who is employed in supervising the provision of a residential school care accommodation service and who has responsibility for supervising staff and overseeing and monitoring the implementation of care plans; ; and d after the definition of “support worker in a day care of children service” insert— “worker in a residential school care accommodation service” means house staff or a support worker in a residential school care accommodation service who has responsibility for assessing children’s emotional and physical needs and providing them with care and support . 3 In article 2— a in paragraph (k) omit “or”; and b after paragraph (l) insert— m a manager of a residential school care accommodation service; n a supervisor of a residential school care accommodation service; or o a worker in a residential school care accommodation service. . ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th October 2009
High Court Of Justiciary Citation and commencement, etc. 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2009 and comes into force on 27th October 2009. 2 This Act of Adjournal is to be inserted in the Books of Adjournal. Crime (International Co-operation) Act 2003: overseas freezing orders 2 1 After rule 36.9 of the Criminal Procedure Rules 1996 (proceedings before a nominated court) insert— Time period for consideration of overseas freezing order 36.9A 1 This rule applies where the Lord Advocate has nominated a sheriff to give effect to an overseas freezing order under section 21(2) of the Act of 2003 (considering the overseas freezing order). 2 Subject to paragraph (3), the sheriff shall consider the order no later than the day after receipt of the order. 3 The sheriff may, exceptionally, consider the order later than the period prescribed in paragraph (2) but shall do so no later than 5 days after receipt of the order. 4 Where the day mentioned in paragraph (2) or the last day of the period mentioned in paragraph (3) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday. 5 In calculating the period mentioned in paragraph (3), any Saturday, Sunday or court holiday that falls within that period shall be disregarded. Form of warrant for seizure and retention of evidence 36.9B A warrant under section 22(1) of the Act of 2003 (giving effect to the overseas freezing order) shall be in Form 36.9B. Application for release of evidence 36.9C An application under section 25(1) of the Act of 2003 (release of evidence held under overseas freezing order) shall be in Form 36.9C. . 2 After Form 36.8D in the appendix to the Criminal Procedure Rules 1996 insert Forms 36.9B and 36.9C set out in Part 1 of the Schedule to this Act of Adjournal. Confiscation proceedings 3 In Form 37AA.5D-B in the appendix to the Criminal Procedure Rules 1996 (form of timetable order) — a in paragraph 1 for “is to take place on ( date )” substitute “is to take place no later than ( date )”; b after paragraph 3 insert— 4 The hearing to check preparation before the determination hearing will take place on ( date ). 5 The determination hearing will take place on ( date ). . Mutual recognition of criminal financial penalties 4 1 After Chapter 53 of the Criminal Procedure Rules 1996 (review of fixed penalty or compensation offers by procurator fiscal) insert— CHAPTER 54 MUTUAL RECOGNITION OF CRIMINAL FINANCIAL PENALTIES Form of certificate 54.1 A certificate issued under section 223A(1) of the Act of 1995 (recognition of financial penalties: requests to other member States) shall be in Form 54.1. . 2 After Form 53.1 in the appendix to the Criminal Procedure Rules 1996 insert Form 54.1 set out in Part 2 of the Schedule to this Act of Adjournal. A.C. HAMILTON Lord Justice General I.P.D. Edinburgh 6th October 2009
Town And Country Planning Citation and commencement 1 These Regulations may be cited as the Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009 and come into force on 16th November 2009. Amendment of Conservation (Natural Habitats, &c.) Regulations 1994 2 1 The Conservation (Natural Habitats, &c.) Regulations 1994 are amended in accordance with paragraph (2). 2 In regulation 85A(1) (interpretation) in sub-paragraph (c) of the definition of “plan making authority” for “23A” substitute “23B”. Amendment of the Environmental Impact Assessment (Scotland) Regulations 1999 3 1 Subject to paragraph (6), the Environmental Impact Assessment (Scotland) Regulations 1999 are amended in accordance with paragraphs (2) to (5). 2 Omit regulation 2A(4)(b) (use of electronic communications). 3 In regulation 19 (further information and evidence relating to environmental statements)— a in paragraph (2) omit– i “or” at the end of paragraph (a); ii paragraph (b); and iii “or appeal procedure as the case may be”; and b in paragraph (2A) omit “or for the purposes of an appeal under section 130 of the Act” and “or appeal procedure as the case may be”. 4 Omit regulations 29 to 39 (unauthorised development). 5 In regulation 43 (application to the Court of Session), omit “or 29”. 6 Regulations 2A(4)(b), 19(2) and (2A), 29 to 39 and 43 continue to have effect in relation to an appeal made under section 130 (appeal against enforcement notice) of the Town and Country Planning (Scotland) Act 1997 in respect of which notice of appeal was given to the Scottish Ministers under section 130(2) before 3rd August 2009 as they had effect immediately before the date on which these Regulations come into force. Amendment of The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th October 2009
Climate Change Citation 1 This Order may be cited as the Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009. Commencement 2 1 Provisions of the Climate Change (Scotland) Act 2009 come into force as follows. 2 The following provisions come into force on 31st October 2009— a sections 1 to 24, 26, 33 to 43, 53 to 55, 57 to 62, 74 to 95, 97 and 98; b section 99, but only insofar as it relates to the provisions of schedule 2 mentioned in sub‑paragraph (c); and c paragraphs 1, 2 and 7 of schedule 2. 3 Sections 63 to 69 and 71 to 73 come into force on 1st April 2010. 4 Sections 44 to 52 come into force on 1st January 2011. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th October 2009
Energy Conservation Citation and commencement 1 These Regulations may be cited as the Home Energy Assistance Scheme (Scotland) Amendment Regulations 2009 and come into force on 21st December 2009. Amendments to the Home Energy Assistance Scheme (Scotland) Regulations 2009 2 The Home Energy Assistance Scheme (Scotland) Regulations 2009 are amended in accordance with regulations 3 and 4. 3 In regulation 2 (interpretation) for the definition of “energy inefficient dwelling” substitute— “energy inefficient dwelling” means— a dwelling, other than a mobile home permanently fixed to a site, which does not attain a Standard Assessment Procedure rating of 55 or above; or a mobile home permanently fixed to a site where— the U-value of the walls of the mobile home exceeds 0.5 W/m 2 K; the U-value of the floor of the mobile home exceeds 0.5 W/m 2 K; the U-value of the roof of the mobile home exceeds 0.3 W/m 2 K; the mobile home does not have a central heating system; or the mobile home has a central heating system comprising a non-condensing boiler fuelled by liquid petroleum gas, in paragraph (b) of this definition “the U-value” means the measure in W/m 2 K of heat transmission through the walls, floor or roof; . 4 For regulation 8 (amount of grant) substitute— 8.—Amount of grant 1 The maximum amount of grant which may be awarded by the administering agency in respect of an application is £4,000, unless paragraph (2) applies, in which case the maximum amount of grant is £6,500. 2 This paragraph applies where─ a the dwelling, other than a mobile home permanently fixed to a site, cannot be improved to a Standard Assessment Procedure rating of 55 or above within the £4,000 limit; b the dwelling is a mobile home permanently fixed to a site and would remain an energy inefficient dwelling after completion of works funded by a grant of £4,000; or c the works for which a grant is made include the installation of an air source heat pump. 3 In paragraph (2)(c) “air source heat pump” means an electrically driven refrigeration system that transfers heat from outside air into a water-based heating system. . ALEX NEIL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th November 2009
Criminal Law PART I GENERAL Citation, commencement and interpretation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART II AMENDMENT OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 The mutual recognition of criminal financial penalties 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requests for recognition of financial penalties to other member States: fines enforcement officers and their functions 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requests for recognition of financial penalties from other member States: fines enforcement officers and their functions 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential amendment: fines enforcement officers and their functions 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Criminal Procedure (Scotland) Act 1995: supplementary provisions 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigatory Powers Citation and commencement 1 This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2009 and comes into force on 30th November 2009. Amendment of the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 2 In the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 , in column 2 opposite the entry for the Scottish Administration— a omit the entries— i “Scottish Executive Rural Affairs Department”; ii “ Agricultural Staff and the Scottish Agricultural Science Agency: Senior, Agricultural Officer; Senior Horticultural Officer; Senior Marketing Officer (Horticulture)”; iii “ Eggs and Poultry Marketing Officers: Senior Agricultural Officer (Poultry)”; and iv “ Meat and Livestock Inspector: Meat and Livestock Inspector”; b for “ Scottish Fisheries Protection Agency: Area Manager” substitute “ Marine Scotland: Chief of Enforcement Unit”; c omit “Scottish Executive Health Department”; d for “ Welfare Foods: Health Department Director” substitute “ Chief Medical Officer and Public Health Directorate: Deputy Director”; e omit “Scottish Executive Justice Department”; f omit “Scottish Executive Enterprise and Lifelong Learning Department”; and g for “ Innovation and Support: member of the Senior Civil Service” substitute “ Transport Scotland: Director”. Revocation 3 The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2001 is revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 6th October 2009