othertales/uklegislation huggingface dataset:
NATIONAL HEALTH SERVICE Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Transfer of Property between Health Boards) (Scotland) (No 2) Regulations 2004 and shall come into force on 2nd July 2004. 2 In these Regulations– “ the Act ” means the Public Appointments and Public Bodies etc. (Scotland) Act 2003; “former Trust property” means any Trust property (including any value in lieu of the property) which has been transferred to a Health Board by virtue of section 5(1) or (2) of the Act; and “Trust property” has the same meaning as in section 5 of the Act. Conditions of transfer, and vesting of, former Trust property 2 The conditions subject to which a Health Board (“the transferor”) may, under section 5(4) of the Act, transfer former Trust property to another Health Board (“the transferee”), and such property may be vested in the transferee, are– a that the consideration for the transfer shall be such as may be agreed between the transferor and the transferee; b that the property transferred, and any income from the property, can only be used for purposes consistent with the purposes for which the former Trust property is held and those purposes shall be notified by the transferor to the transferee before the transfer takes place; c that the property shall be transferred back to the transferor on such date as may be agreed between the transferor and the transferee but this is without prejudice to the provisions of section 5(5) of the Act (which makes provision for the property to be transferred back in certain circumstances); and d that the property shall only be transferred with the consent of the Scottish Ministers and for this purpose, the transferor shall, not less than 28 days before the proposed date of transfer of the property, inform the Scottish Ministers in writing of– i the name of the transferee; ii the property to be transferred; iii an estimate of the capital value of the property to be transferred as at the date of the notification; iv the reason for the proposed transfer; v the proposed consideration for the transfer as agreed between the transferor and the transferee; vi the purposes for which the property to be transferred or any income from it can only be used; and vii the date on which, subject to section 5(5) of the Act, it is agreed between the transferor and the transferee that the property would be transferred back. Revocation 3 The National Health Service (Transfer of Property between Health Boards) (Scotland) Regulations 2004 are revoked. TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th June 2004
NATIONAL HEALTH SERVICE Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Borrowing and Loans from Endowments) (Scotland) (No. 2) Regulations 2004 and shall come into force on 2nd July 2004. 2 In these Regulations “ the Act ” means the Public Appointments and Public Bodies etc. (Scotland) Act 2003. Terms and conditions applying to borrowing under section 7(3) of the Act 2 The terms and conditions upon which a Health Board may, under section 7(3) of the Act, borrow from any endowment held by it are– a that the total amount or amounts borrowed under that section shall not, when aggregated together, exceed £100,000 in any period of 12 months; b that the Health Board can only use the amount borrowed for purposes consistent with the purposes of the endowment from which the borrowing is made; c that the Health Board pays interest on the amount borrowed, quarterly in arrears to the endowment from which the borrowing is made, at the Bank of England base lending rate plus 2% calculated at the date on which the borrowing is made; d that the Health Board repays to the endowment from which the borrowing is made the amount borrowed within a period not exceeding 18 months from the date on which it is made; e that the Health Board shall inform the Scottish Ministers, not later than 28 days after the date on which any amount borrowed is due to be repaid, whether or not the amount borrowed has been repaid on the due date. Terms and conditions applying to loans under section 7(4) of the Act 3 The terms and conditions upon which a Health Board (“the lender”) may, under section 7(4) of the Act, make a loan to another Health Board (“the borrower”) from any endowment held by the Board are– a that the lender may only make the loan for purposes consistent with the purposes of the endowment from which the loan is made; b the lender may only make the loan on condition that the borrower pays interest on the loan quarterly in arrears to the endowment from which the loan is made at the Bank of England base lending rate plus 2% calculated at the date on which the loan is made; c the lender may only make a loan on condition that the borrower repays the amount of the loan within a period not exceeding 18 months from the date on which it is made; and d the lender shall inform the Scottish Ministers, not later than 28 days after the date on which the loan is due to be repaid, whether or not the loan has been repaid on the due date. Revocation 4 The National Health Service (Borrowing and Loans from Endowments) (Scotland) Regulations 2004 are revoked. TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th June 2004
SEA FISHERIES Citation, commencement and extent 1 1 This Order may be cited as the Conservation of Seals (Scotland) Order 2004 and shall come into force on 4th September 2004. 2 This Order extends to Scotland only. Prohibition on killing, injuring or taking of seals 2 The killing, injuring or taking of seals of the species known as– a Phoca vitulina (common seals); and b Halichoerus grypus (grey seals), is prohibited in that area enclosed by a line beginning at a point on the coast of Scotland at Noss Head at 58°28.623'North latitude and 003°02.923'West longitude; then due east to the seaward limit of the territorial sea adjacent to Scotland; then in a generally southerly and easterly direction following the seaward limit of the territorial sea adjacent to Scotland to the point of intersection with a line drawn due north from the coast of Scotland at Troup Head at 57°41.652'North latitude and 002°17.744'West longitude; then due south to that point at Troup Head; then in a generally westerly and northerly direction, following the line of mean high water springs, to the point of beginning. ALLAN WILSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th June 2004
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Criminal Legal Aid (Scotland) Amendment Regulations 2004 and shall come into force on 2nd August 2004. Amendment of the Criminal Legal Aid (Scotland) Regulations 1996 2 1 The Criminal Legal Aid (Scotland) Regulations 1996 shall be amended in accordance with the following paragraph. 2 For regulation 5(3) substitute– Where a duty solicitor is available by virtue of arrangements made by the Board in accordance with sub-paragraph (d) of paragraph (1) above, section 31(1) of the Act shall not apply, and criminal legal aid for the purposes specified in the said sub paragraph (d) shall be provided only by such solicitor unless the proceedings take place before a court which has been designated as a youth court or a domestic abuse court by the sheriff principal. . HUGH HENRY Authorised to sign on behalf of the Scottish Ministers St Andrew’s House, Edinburgh 10th June 2004
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004 and shall come into force on 1st July 2004. Application 2 These Regulations shall apply only to fees for work done and outlays incurred in relation to any case where legal aid other than criminal legal aid is granted on or after 1st July 2004. Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 3 1 The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are amended in accordance with the following paragraphs. 2 The amendments contained in the Civil Legal Aid (Scotland) (Fees) Regulations 2003 shall apply to fees and outlays allowable to solicitors in respect of legal aid other than criminal legal aid. 3 In regulation 5(2E) omit “or proceedings under the Children (Scotland) Act 1995 . 4 At the end of Schedule 7 insert– proceedings arising out of Part II of the Children (Scotland) Act 1995. . HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th June 2004
AGRICULTURE Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labelling instead of marking 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensed classifiers 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licence for automated grading 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping, retention and production of records 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Classifications by the MLC 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised officers 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistance to authorised officers 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notices 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences and penalties 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defence of due diligence 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Agriculture Act 1967 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licences, records and agreements under the 1991 Regulations 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOUSING Citation 1 This Order may be cited as the Homelessness etc. (Scotland) Act 2003 (Commencement No. 2) Order 2004. Commencement of Provisions 2 Section 12 of the Homelessness etc. (Scotland) Act 2003 shall come into force on 2nd July 2004. MARGARET CURRAN A member of the Scottish Executive St Andrew’s House, Edinburgh 8th June 2004
ANIMALS Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the TSE (Scotland) Regulations 2002 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AGRICULTURE Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Pig Carcase (Grading) Regulations 1994 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SPORTS GROUNDS AND SPORTING EVENTS Citation 1 This Order may be cited as the Sports Grounds and Sporting Events (Designation) (Scotland) Order 2004 and shall come into force on 15th September 2004. Designation of Sports Grounds and Sporting Events 2 For the purposes of Part II of the Criminal Law (Consolidation) (Scotland) Act 1995 there are hereby designated– a the sports grounds specified in Parts I and II of Schedule 1 to this Order; b the classes of sporting events specified in Part 1 of Schedule 2 to this Order, at any of the sports grounds specified in Parts I and II of Schedule 1 to this Order; c the class of sporting event specified in Part II of Schedule 2 to this Order, at the sports grounds specified in Part II of Schedule 1 to this Order; d the classes of sporting events taking place outside Great Britain specified in Part III of Schedule 2 to this Order. Revocation 3 The Orders specified in Schedule 3 to this Order are hereby revoked. Extent 4 This Order extends to Scotland except that article 2(d) also extends beyond Scotland but, where it does so, it does so only as a matter of Scots Law. FRANCIS McAVEETY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd August 2004
EDUCATION Citation and commencement 1 This Order may be cited as the Glasgow Metropolitan College (Establishment) Order 2004 and shall come into force on 1st August 2004. Establishment of Glasgow Metropolitan College 2 On 1st August 2004 there shall be established– a a new college of further education designated with the name “Glasgow Metropolitan College”; and b a body corporate of Glasgow Metropolitan College, to be known as “the Board of Management of Glasgow Metropolitan College”. JAMES R WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 9th June 2004
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Tribunal) (Scotland) Amendment (No. 2) Regulations 2004 and shall come into force on 1st July 2004. Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004 2 1 The National Health Service (Tribunal) (Scotland) Regulations 2004 are amended as follows. 2 In regulation 6(3A) (submission of representations) – a for “6(3)” substitute “7(4)”; and b for “6(5)” substitute “7(6)”. 3 In regulation 29(1) (recovery of amounts from practitioners) omit “(other than a primary medical services performers list)”. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 7th June 2004
EDUCATION Citation and commencement 1 These Regulations may be cited as the Individual Learning Account (Scotland) Amendment Regulations 2004 and shall come into force on 2nd July 2004. Amendment of the Individual Learning Account (Scotland) Regulations 2004 2 The Individual Learning Account (Scotland) Regulations 2004 are amended in accordance with regulations 3 and 4. 3 In regulation 3(4)(e), omit “who is working in the United Kingdom”. 4 In regulation 3(7)(b), after subparagraph (v) insert– ; vi state pension credit payable under section 1 of the State Pension Credit Act 2002 (entitlement) . JAMES R WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 7th June 2004
AGRICULTURE Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the principal Regulations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AGRICULTURE Citation and commencement 1 These Regulations may be cited as the Agricultural Business Development Scheme (Scotland) Amendment Regulations 2004 and shall come into force on 5th July 2004. Amendment of the Agricultural Business Development Scheme (Scotland) Regulations 2000 2 1 The Agricultural Business Development Scheme (Scotland) Regulations 2000 are amended in accordance with this regulation. 2 In regulation 2 (1) (Interpretation), for the definition of “eligible person” substitute– “eligible person” means– in relation to any measure– a person who is a legal occupier of an agricultural unit and who operates an eligible business on that unit; or a person authorised to act on behalf of such legal occupier; and in relation to a measure specified in Part II or Part III of the Schedule– where such legal occupier is a natural person, any member of the immediate family of the legal occupier who resides on or adjacent to that agricultural unit and is acting with the legal occupier’s consent; or where such legal occupier is a partnership or company, any member of the immediate family of a partner in that partnership or a director or secretary of that company who resides on or adjacent to that agricultural unit and is acting with the legal occupier’s consent except where that immediate family member is also a partner in that partnership or a director or secretary of that company; . ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 7th June 2004
SOCIAL CARE Citation, commencement and interpretation 1 1 This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Order 2004 and shall come into force on 1st August 2004. 2 In this Order “the Act” means the Regulation of Care (Scotland) Act 2001. Description of social service worker 2 For the purposes of section 44(1)(b) of the Act, the description of social service worker prescribed is, subject to Article 3, a person who is– a an employee of the Commission; and b an authorised person within the meaning of sections 25 and 27 of the Act. Excluded persons 3 A person who is registered with or (as the case may be) is a member of one or more of the following bodies is excluded from the description of social service worker in Article 2– a the General Social Care Council ; b the Northern Ireland Social Care Council ; c the Care Council for Wales ; d the General Medical Council ; e the General Teaching Council for England ; f the General Teaching Council for Wales ; g the General Teaching Council for Northern Ireland ; h the General Teaching Council for Scotland ; i the Health Professions Council ; j the Nursing and Midwifery Council ; k the General Dental Council ; l the British Psychological Society ; or m the Royal Pharmaceutical Society of Great Britain . PETER PEACOCK A member of the Scottish Executive St Andrew’s House, Edinburgh 7th June 2004
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2004 and shall come into force on 28th June 2004. Application 2 These Regulations shall apply only to fees for work done or outlays incurred on or after 28th June 2004. Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 3 The Criminal Legal Aid (Scotland) (Fees) Regulations 1989 are amended in accordance with the following Regulations. 4 For regulation 6(3) and (4) substitute– 3 There shall be allowed to the duty solicitor making, for an accused person in the sheriff court or district court, a preliminary plea to the competency or relevancy of the petition or complaint, or conducting any plea in bar of trial or any mental health proof, or any proof in mitigation or any proof of a victim statement, an additional fee to be calculated on the basis of the fees set out in Schedule 1, the amount of such additional fee to be such sum not exceeding £108.85 as shall form reasonable remuneration having regard to the additional work and time involved. 4 Where the duty solicitor represents an accused person before a court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal, the maximum fees prescribed in paragraph (3) shall not apply. . 5 For regulation 7(1) substitute– 1 Subject to the provisions of regulations 4, 5, 6 and 9, and paragraph (2) of this Regulation, a solicitor shall be allowed such amount of fees as shall be determined to be reasonable remuneration for work actually and reasonably done, and travel and waiting time actually and reasonably undertaken or incurred, due regard being had to economy. The fees allowed shall be calculated in accordance with Schedule 1. . 6 For regulation 9 substitute– 9 1 Subject to paragraph (2) accounts prepared in respect of fees and outlays allowable to solicitors and fees allowable to counsel shall be submitted to the Board not later than 4 months after the date of conclusion of the proceedings in respect of which that legal aid was granted. 2 The Board may accept accounts submitted in respect of fees and outlays allowable to solicitors and fees allowable to counsel later than the 4 months referred to in paragraph (1) if it considers that there is a special reason for late submission. . 7 For Schedule 1 substitute the Schedule to these Regulations. HUGH HENRY A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd June 2004
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2004 and shall come into force on 28th June 2004. Application 2 These Regulations shall apply only in relation to any case where a grant of advice and assistance is made on or after 28th June 2004. Amendment of the Advice and Assistance (Scotland) Regulations 1996 3 1 The Advice and Assistance (Scotland) Regulations 1996 are amended in accordance with the following paragraph. 2 For Schedule 3 substitute the provisions set out in the Schedule to these Regulations. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd June 2004
FOOD Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Food Labelling Regulations 1996 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RIVER Citation, commencement and interpretation 1 1 These Regulations may be cited as the River Findhorn Salmon Fishery District (Baits and Lures) Regulations 2004 and shall come into force on 4th June 2004. 2 In these Regulations– “organic bait” means bait made up in whole or in part of– any crustacean, fish or any other animal; any part of a crustacean, fish or other animal; or eggs of any fish; “plug” means any non-rotating lure which is designed to dart and dive when drawn through water; “spinner” means any lure which is designed so that the lure or any part of the lure rotates or spins when drawn through water; “spoon” means any spoon shaped lure which is designed to flash and wobble when drawn through water. Specification of organic bait and area of application 2 1 Organic bait is hereby specified as a bait for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 . 2 This regulation applies to the River Findhorn and its tributaries within the River Findhorn Salmon Fishery District between 11th February and 30th September, both dates included, in each year. Specification of lures and area of application 3 1 A plug, spinner, spoon or any other lure (other than a lure constructed in whole or in part of hair, feather, or fur) designed to resemble any animal including, without prejudice to the generality, a fish, prawn, shrimp, squid or worm, is hereby specified as a lure for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951. 2 This regulation applies to the River Findhorn and its tributaries within the River Findhorn Salmon Fishery District between 1st May and 30th September, both dates included, in each year. GORDON BROWN A member of the staff of the Scottish Ministers Pentland House, Edinburgh 2nd June 2004