othertales/uklegislation huggingface dataset:
SOCIAL CARE Citation and commencement 1 This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Minimum Frequency of Inspections) Order 2009 and shall come into force on 1st April 2009. Interpretation 2 In this Order– “ the Act ” means the Regulation of Care (Scotland) Act 2001. Revocation of the Regulation of Care (Scotland) Act 2001 (Minimum Frequency of Inspections) Order 2007 3 The Regulation of Care (Scotland) Act 2001 (Minimum Frequency of Inspections) Order 2007 is hereby revoked. Amendment to the Regulation of Care (Scotland) Act 2001 4 In section 25(3) of the Act for sub-paragraphs (i) and (ii) of paragraph (a) substitute– i if the service is a care home service , at least twice in the period of 12 months which immediately follows registration and at least twice in each subsequent period of 12 months; ii if the service is a school care accommodation service , at least twice in the period of 24 months which immediately follows registration and at least twice in each subsequent period of 48 months; iii if the service is a secure accommodation service , at least twice at the period of 12 months which immediately follows registration and at least twice in each subsequent period of 12 months; and iv if the service is an independent health care service which provides overnight accommodation, at least twice in the period of 24 months which immediately follows registration and at least twice in each subsequent period of 24 months; and . 5 In section 25(5) of the Act, in each of paragraphs (a) and (b) for “twelve months” substitute– i if the service is day care of children provided for children aged 3 years or over only, is a child care agency or is a nurse agency , 24 months; ii if the service is child minding 24 months; iii if the service is a housing support service which is not provided in conjunction with any other form of care service, 36 months; and iv in the case of any other service, 12 months, . S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th March 2009
SOCIAL CARE Citation and commencement 1 These Regulations may be cited as the Regulation of Care (Fitness to Register, Provide and Manage Care Services) (Scotland) Amendment Regulations 2009 and come into force on 1st April 2009. Amendment of the Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 2 The Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 are amended in accordance with regulation 3. 3 In regulation 4 (disqualified applicants), in paragraph (1)(a), after “fine” insert “and who, in the reasonable opinion of the Commission, having regard to the circumstances of the conviction, is unsuitable to be a provider of a care service”. Amendment of the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 4 The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 are amended in accordance with regulation 5. 5 In regulation 6 (fitness of providers), in paragraph (2)(b), after “fine” insert “and who, in the reasonable opinion of the Commission, having regard to the circumstances of the conviction, is unsuitable to be a provider of a care service”. Amendment of the Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003 6 The Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations 2003 are amended in accordance with regulation 7. 7 In regulation 4 (fitness of providers), in paragraph (2)(b), after “fine” insert “and who, in the reasonable opinion of the Commission, having regard to the circumstances of the conviction is unsuitable to be a provider of such a service”. S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th March 2009
ENFORCEMENT Citation, commencement and interpretation 1 1 This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009 and comes into force on 22nd April 2009. 2 In this Order, “ the Act ” means the Bankruptcy and Diligence etc. (Scotland) Act 2007. Amendments of the Bankruptcy and Diligence etc. (Scotland) Act 2007 2 In section 152 (conversion of limited inhibition on the dependence to inhibition in execution) of the Act– a that section becomes subsection (1); b in that subsection– i at the beginning, insert “Subject to subsection (2) below,”; and ii for “any inhibition in execution of the decree is not limited to that property” substitute “any inhibition on the dependence which, on decree, becomes an inhibition in execution of that decree, is no longer limited to that property”; and c after that subsection, insert– 2 Subsection (1) above has effect from the beginning of the day on which– a an extract of the decree (or a copy of the interlocutor certified by the clerk of court); and b a notice in (or as nearly as may be in) the form set out in the Schedule to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009 , are registered in the Register of Inhibitions. . Form of notice for registration of decree converting limited inhibition on the dependence 3 The form of notice mentioned in section 152(2)(b) of the Act (as inserted by article 2 of this Order) is the form set out in the Schedule to this Order. Transitional modification – Register of Inhibitions and Adjudications 4 Prior to the day to be appointed for the coming into force of section 80 of the Act (renaming the Register of Inhibitions and Adjudications), the references to the Register of Inhibitions– a in section 152(2) of the Act (as inserted by article 2 of this Order); and b in the form set out in the Schedule to this Order, are to be read as references to the Register of Inhibitions and Adjudications. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th March 2009
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2009 and come into force on 4th May 2009. Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) ( No. 2) Regulations 2003 2 1 The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 are amended as follows. 2 In regulation 4 (description of persons entitled to full remission and payment), in paragraph 2(j)(ii) for “£15,050” substitute “£15,276”. 3 In column 2 of Table A of the Schedule– a in the entry relating to regulation 45, for “£22,250” substitute “£23,000”; and b in the entry relating to regulation 53– i for “£13,500” substitute “£14,000”; and ii for “£22,250” substitute “£23,000”. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th March 2009
BUILDING AND BUILDINGS Citation and commencement 1 These Regulations may be cited as the Building (Scotland) Amendment Regulations 2009 and come into force on 1st May 2009. Amendment of regulations 2 1 The Building (Scotland) Regulations 2004 are amended in accordance with paragraphs (2) and (3). 2 In Schedule 1 (exempted buildings) in paragraph 21 for “200” substitute “50”. 3 In Schedule 3 (descriptions of building and work not requiring a warrant)– a after paragraph 2 insert– 2A A building or any works to or in a building or the conversion of a building that is a prison or a building where a person may be legally detained or otherwise legally held in custody. Except – Any work which increases the floor area of the building by more than 100 square metres. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a prison or a building where a person may be legally detained or otherwise legally held in custody having a storey, or creating a storey, at a height of more than 7.5 metres. 2B A building or any work to or in a building or the conversion of a building that is the Scottish Parliament. 2C A building or any work to or in a building or the conversion of a building belonging to Her Majesty in right of Her private estates. ; b in the heading before paragraph 3 for “types 1 and 2” substitute “types 1 to 2C”; and c in paragraph 21 after “exceeding” insert “50 square metres in area but not exceeding”. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th March 2009
BUILDING AND BUILDINGS Citation and commencement 1 These Regulations may be cited as the Building (Procedure) (Scotland) Amendment Regulations 2009 and come into force on 1st May 2009. Amendment of Regulations 2 1 The Building (Procedure) (Scotland) Regulations 2004 are amended in accordance with paragraphs (2) and (3). 2 In regulation 2 (interpretation) for the definition of “fire authority” substitute– “fire authority” means– an enforcing authority within the meaning of section 61(9) of the Fire (Scotland) Act 2005 ; a fire and rescue authority as defined in section 1 of that Act; or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act; . 3 In regulation 58 (inspection of records and applications)– a in paragraph (3) omit “for inspection in terms of paragraph (1) or”; b in paragraph (4)– i for “where disclosure or” substitute, “, a prison, a building where a person may be legally detained or otherwise legally held in custody, the Scottish Parliament or a building belonging to Her Majesty in right of Her private estates where”; and ii for “that disclosure or copying” substitute “that copying”; c in paragraph (5) after “applies” insert “where paragraph (4) does not apply and”; and d after paragraph (5) insert– 6 A local authority may remove a document from the building standards register if the disclosure or copying of that document would raise security concerns. . STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th March 2009
CRIMINAL LAW Citation 1 This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 7) Order 2009. 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, the subject matter being specified in column 2, shall come into force on 29th June 2009. 2 The coming into force of the provisions listed in the Schedule are subject to 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, that provision shall come into force on 29th June 2009 for that purpose or in that area only. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 19th March 2009
RATING AND VALUATION Citation and commencement 1 This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 and comes into force on 1st April 2010. Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 2 The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 is amended in accordance with the following provisions of this Order. Fixed Line Telecommunications 3 After article 7 (railways) insert– Fixed Line Telecommunications 7A 1 Any lands and heritages which would (apart from this Order) be treated as justifying separate entries in two or more valuation rolls shall be treated for all purposes of the Valuation Acts as justifying only one entry in the valuation roll for Renfrewshire in respect of each fixed line operator if they are– a occupied by that fixed line operator; and b occupied by posts, wires, fibres, cables and ducts, telephone kiosks, towers, masts, switching equipment or other equipment, or by servitudes or wayleaves, being property used by that fixed line operator wholly or mainly for the purposes of monitoring, processing or transmission of communications signals for the provision of telecommunications services. 2 A “fixed line operator” for the purposes of this article, is any of the companies registered at the date of this Order with the following names and registration numbers: Company name Registration number AOL ( UK ) Ltd 03462696 Atlas Connect Ltd SC241790 Be Un Limited 05262862 British Telecommunications plc 01800000 Cable & Wireless plc 00238525 Easynet Limited 02954343 Entanet International Ltd 03274237 Gamma Telecom Ltd 04340834 Global Crossing (UK) Telecommunications Ltd 02495998 Lumison SC236128 NEOS Networks Ltd 03477297 Ntl Business Ltd 3076222 Opal Telecom Limited 3849133 Orange Ltd 03110666 Pipex Broadband Ltd 03137499 Pipex Communications Services Ltd 03059016 Smallworld Media Communications Ltd 05679836 Telefónica O2 UK Limited 01743099 Tiscali UK Ltd 03408171 Thus plc SC192666 Verizon UK Limited 02776038 Virgin Media Group 02591237 Vtesse Networks Limited 03900836 . 4 1 At the end of column 1 in the Schedule (designated assessors for the valuation of utilities) add “Assessor for the Renfrewshire Valuation Joint Board”. 2 At the end of column 2 in the Schedule add “The lands and heritages specified in article 7A (Fixed Line Telecommunications).”. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 19th March 2009
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 No. 5) (Exchequer Appeals) 2009 and comes into force on 1st April 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Exchequer Appeals 2 1 Part IV of Chapter 41 of the Rules of the Court of Session 1994 (exchequer appeals) is amended in accordance with subparagraphs (2) to (5). 2 In rule 41.23 (revenue appeals by stated case) , paragraph (1)(b) is omitted. 3 Rule 41.24 (revenue appeals from Special Commissioners) and rule 41.25 (appeals relating to penalties) are omitted. 4 In rule 41.26(2) (appeals relating to certain determinations of the Commissioners for Her Majesty’s Revenue and Customs) – a after “in an application” insert “notified”; and b after “the appeal is to be” insert “notified”. 5 But rules 41.23, 41.24, 41.25 and 41.26 as they applied immediately before 1st April 2009 continue to have effect in relation to any appeal lodged with the court before that date. A.C. HAMILTON Lord President I.P.D. Edinburgh 18th March 2009
CRIMINAL LAW Citation, commencement and interpretation 1 1 These Regulations may be cited as the Enforcement of Fines etc. (Diligence) (Scotland) Regulations 2009 and come into force on 22nd April 2009. 2 In these Regulations “ FEO ” means a fines enforcement officer . Arrestment in execution 2 Where an FEO executes an arrestment of funds standing in accounts held at any bank or other financial institution, the application of the following provisions of the Debtors (Scotland) Act 1987 shall be modified– a section 73D (debt advice and information) shall have no application; b section 73G(2) (arrestee’s duty of disclosure), so as to impose on the arrestee the duty to send to an FEO the form of disclosure by the arrestee, as prescribed by Schedule 8 to the Diligence (Scotland) Regulations 2009 ; and c section 73J(2) (automatic release of arrested funds), so as to provide that the arrestee shall or may, as the case may be, release to an FEO, from the attached funds, a sum calculated in accordance with section 73K. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 12th March 2009
HIGH COURT OF JUSTICIARY Citation and commencement, etc. 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995) (Appeals by Stated Case) 2009 and comes into force on 8th April 2009. 2 This Act of Adjournal is to be inserted in the Books of Adjournal. Amendment of the Criminal Procedure (Scotland) Act 1995: appeals by stated case 2 For paragraph (b) of section 179(8) of the Criminal Procedure (Scotland) Act 1995 (stated case: transmission of complaint etc. by clerk of court) there is substituted– b shall transmit a certified copy of the complaint, the minute of proceedings and any other relevant documents to the Clerk of Justiciary. . A C HAMILTON Lord Justice General I.P.D. Edinburgh 11th March 2009
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 (Employment Tribunals Act 1996) 2009 and comes into force on 1st April 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Employment Tribunals Act 1996: recovery of sums payable under compromises 2 1 The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with subparagraph . 2 After Part XXXVI ( UK Borders Act 2007) , insert– PART XXXVII EMPLOYMENT TRIBUNALS ACT 1996 Conciliation: recovery of sums payable under compromises 3.37.1 1 An application to the sheriff for a declaration under section 19A(4) of the Employment Tribunals Act 1996 shall be made not later than 42 days from the date of issue of the certificate stating that a compromise has been reached. 2 An application to the sheriff for a declaration under section 19A(4) of that Act is pending for the purposes of subsection (7) of that section from the date on which it is lodged with the sheriff clerk until the date upon which final judgment on the application has been extracted. . A C HAMILTON Lord President I.P.D. Edinburgh 11th March 2009
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 No.4) (Fees of Shorthand Writers) 2009 and shall come into force on 4th May 2009. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Increase in fees of shorthand writers 2 1 The table of fees in rule 42.16(3) of the Rules of the Court of Session is amended in accordance with the following sub-paragraph. 2 In Chapter IV (transcripts of evidence etc. )— a in paragraph 1 (attendance), for the amounts of £36.29 and £145.08 substitute the amounts of £37.87 and £151.39 respectively; and b in paragraph 2 (notes of evidence: extension by shorthand writer or transcriber), for the amounts £5.94, £7.27 and £0.48 substitute the amounts of £6.20, £7.59, and £0.50 respectively. Saving 3 Paragraph 2 of this Act of Sederunt shall not affect fees chargeable for work done, or outlays incurred, before 4th May 2009. A.C. Hamilton Lord President I.P.D. Edinburgh 11th March 2009
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Local Government Finance Act 1992 (Scotland) Amendment Order 2009 and comes into force on the day after the day on which it is approved by a resolution of the Scottish Parliament. Amendment of the Local Government Finance Act 1992 (Scotland) Order 2009 2 For Schedule 1 (revenue support grant and distribution of non-domestic rate income) to the Local Government Finance Act 1992 (Scotland) Order 2009 , substitute the Schedule contained in the Schedule to this Order. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 11th March 2009
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2009 and shall come into force on 4th May 2009. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Increase in fees of shorthand writers 2 1 The Table of Fees set out in the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992 is amended in accordance with the following sub-paragraph. 2 In Schedule 2 (shorthand writers' fees) – a in paragraph 1 (attendance), for the amounts of £36.29 and £145.08 substitute the amounts of £37.87 and £151.39 respectively; b in paragraph 4 (transcripts), for the amounts of £5.94 and £7.27 substitute the amounts of £6.20 and £7.59 respectively; and c in paragraph 5 (copies), for the amount of £0.48 substitute the amount of £0.50. Saving 3 Paragraph 2 of this Act of Sederunt shall not affect fees chargeable for work done, or outlays incurred, before 4th May 2009. A.C. Hamilton Lord President, I.P.D Edinburgh 11th March 2009
TOWN AND COUNTRY PLANNING Citation, commencement and interpretation 1 1 This Order may be cited as the Planning etc. (Scotland) Act 2006 (Saving and Transitional Provisions) Order 2009 and comes into force on 6th April 2009. 2 In this Order– “ the Act ” means the Town and Country Planning (Scotland) Act 1997 ; “the 2006 Act ” means the Planning etc. (Scotland) Act 2006; “structure plan” and “local plan” have the same meaning as in paragraphs 1(4) and 2(2) of schedule 14 to the Act respectively as those paragraphs had effect immediately before the 28th February 2009 . Pre-application consultation 2 Sections 35A(1) and 35B of the Act apply only to applications for planning permission made on or after 3rd August 2009. Blighted land 3 Notwithstanding the commencement of section 54(19) of the 2006 Act on 6th April 2009, paragraphs 1 and 2 of schedule 14 to the Act shall have effect as they did immediately before 28th February 2009 for the purposes of the provisions of Chapter 2 of Part 5 of the Act in relation to a structure plan or local plan for so long as that structure plan or local plan continues in force. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th March 2009
TOWN AND COUNTRY PLANNING Citation and interpretation 1 1 This Order may be cited as the Planning etc. (Scotland) Act 2006 (Commencement No. 7) Order 2009. 2 In this Order– “ the Act ” means the Planning etc. (Scotland) Act 2006; and “the Schedule” means the Schedule to this Order. Commencement 2 1 Subject to paragraph (2) the provisions of the Act specified in column 1 of the Schedule (and the subject matter of which is described in column 2 of the Schedule), to the extent not already in force, come into force on 6th April 2009 for all purposes. 2 Where a particular purpose is specified in column 3 of the Schedule in relation to any provision, that provision shall, to the extent not already in force, come into force on 6th April 2009 only for that purpose. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th March 2009
CHILDREN AND YOUNG PERSONS Citation and interpretation 1 1 This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Commencement No. 3) Order 2009. 2 In this Order “ the Act ” means the Adoption and Children (Scotland) Act 2007. Appointed day 2 1 The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule is 20th April 2009. 2 The subject matter of each provision of the Act specified in column 1 is listed in column 2 of the Schedule. 3 The provisions of the Act specified in column 1 of the Schedule come into force only for the purpose of making regulations, orders or rules under the provision so specified. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th April 2009