othertales/uklegislation huggingface dataset:
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) (No. 2) Regulations 2004 and shall come into force on 4th October 2004. 2 In these Regulations– “care service” has the meaning given by subsection (1)(a), (b), (e), (g), (h) and (k) of section 2 of the Regulation of Care (Scotland) Act 2001 ; and “social worker” has the meaning given by section 77(1) of that Act. Prescribed persons 2 The following class of persons is prescribed for the purposes of section 275(2)(d) of the Mental Health (Care and Treatment) (Scotland) Act 2003– a clinical psychologists entered on the British Psychological Society’s register of chartered psychologists; b medical practitioners; c occupational therapists registered with the Health Professions Council; d persons employed in the provision of (or in managing the provision of) a care service; e registered nurses; f social workers; and g solicitors. Revocation 3 The Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) Regulations 2004 are hereby revoked. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 30th September 2004
SEA FISHERIES Citation and commencement 1 These Regulations may be cited as the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Revocation Regulations 2004 and shall come into force on 6th October 2004. Revocation of the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001 2 The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001 are revoked. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 13th September 2004
EDUCATION Citation and commencement 1 These Regulations may be cited as the Teachers (Medical Requirements for Admission to Training and Registration) (Scotland) Amendment Regulations 2004 and shall come into force on 1st October 2004. Amendment of the Teachers (Entitlement to Registration) (Scotland) Regulations 1991 2 Regulation 2(d) of the Teachers (Entitlement to Registration) (Scotland) Regulations 1991 is omitted. Amendment of the Teachers (Education, Training and Recommendation for Registration) (Scotland) Regulations 1993 3 Regulations 3(1)(c) and 6(b)(ii) of the Teachers (Education, Training and Recommendation for Registration) (Scotland) Regulations 1993 are omitted. PETER J PEACOCK A member of the Scottish Executive St Andrew’s House, Edinburgh 8th September 2004
DEBT Citation and interpretation 1 1 This Order may be cited as the Debt Arrangement and Attachment (Scotland) Act 2002 (Commencement No. 2 and Revocation) Order 2004. 2 In this Order “ the Act ” means the Debt Arrangement and Attachment (Scotland) Act 2002. Appointed days for Part 1 of the Act 2 1 The following provisions of the Act shall come into force on 24th September 2004:– a sections 2(3) and (4), 4(5), 5(4), 6(1) and 9(1) but only for the purpose of the prescribing of forms; and b sections 7 and 8. 2 Sections 1 and 3 of the Act, and sections 2, 4, 5, 6 and 9 of the Act, in so far as they are not already in force, shall come into force on 30th November 2004. Revocation 3 The Debt Arrangement and Attachment (Scotland) Act 2002 (Commencement) Order 2004 is hereby revoked. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd September 2004
NATIONAL ASSISTANCE SERVICES Citation, commencement, interpretation and extent 1 1 These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2004 and shall come into force on 4th October 2004. 2 In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 . 3 These Regulations extend to Scotland only. Amendment of Schedule 3 to the principal Regulations 2 In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 28I insert– 28J Where the resident is a student, any payment intended for the child care costs of a child dependant of the resident. Amendment of Schedule 4 to the principal Regulations 3 In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 23 insert– 24 Any payment made under section 2 or 3 of the Age Related Payments Act 2004 ; 25 Where the resident is a student, any payment intended for the child care costs of a child dependant of the resident. TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th September 2004
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Advance Statements) (Prescribed Class of Persons) (Scotland) Regulations 2004 and shall come into force on 1st October 2004. 2 In these Regulations– “care service” has the meaning given by subsection (1)(a), (b), (e), (g), (h) and (k) of section 2 of the Regulation of Care (Scotland) Act 2001 ; and “social worker” has the meaning given by section 77(1) of that Act. Prescribed persons 2 The following class of persons is prescribed for the purposes of section 275(2)(d) of the Mental Health (Care and Treatment) (Scotland) Act 2003– a clinical psychologists entered on the British Psychological Society’s register of chartered psychologists; b medical practitioners; c occupational therapists registered with the Health Professions Council; d persons employed in the provision of (or in managing the provision of) a care service; e registered nurses; f social workers; and g solicitors. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 8th September 2004
FIRE SERVICES Citation, commencement and extent 1 1 This Order may be cited as the Firemen’s Pension Scheme Amendment (Scotland) Order 2004. 2 This Order shall come into force on 1st October 2004, except that the amendments that relate to, or are incidental to– a rules C1 and C6 shall have effect from 6th April 1997; b rules F2A, G1 and G2A, in so far as they relate to maternity leave, shall have effect from 23rd June 1994; c rules F2A, G1 and G2A, in so far as they relate to adoption or paternity leave, shall have effect from 8th December 2002; and d rule I3 and paragraphs (4) and (5) of rule J4 shall have effect from 1st March 1992. 3 This Order extends to Scotland only. Amendment of the Firemen’s Pension Scheme 2 The Firemen’s Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 shall be amended in accordance with the Schedule to this Order. TAVISH SCOTT A member of the Scottish Executive St Andrew’s House, Edinburgh 9th September 2004
TERMS AND CONDITIONS OF EMPLOYMENT Citation, commencement and extent 1 1 These Regulations may be cited as the Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004 and shall come into force on 1st October 2004. 2 These Regulations extend to Scotland only. Permits under section 5 of Agricultural Wages (Scotland) Act 1949 2 1 Section 5 of the Agricultural Wages (Scotland) Act 1949 is hereby repealed. 2 Every permit granted or having effect as if granted under section 5 of the Agricultural Wages (Scotland) Act 1949 and which was in force immediately before 1st October 2004 shall cease to have effect from that date. Repeals 3 The enactments specified in the first column of the Schedule to these Regulations are repealed to the extent specified in the third column of the Schedule. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 7th September 2004
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2004 and shall come into force on 1st October 2004. 2 In these Regulations– “care service” has the meaning given by subsection (1)(a), (b), (e), (g), (h) and (k) of section 2 of the Regulation of Care (Scotland) Act 2001 ; and “social worker” has the meaning given by section 77(1) of that Act. Prescribed persons 2 The following class is prescribed for the purposes of sections 250(7) and 253(6) of the Mental Health (Care and Treatment) (Scotland) Act 2003– a clinical psychologists entered on the British Psychological Society’s register of chartered psychologists; b medical practitioners; c occupational therapists registered with the Health Professions Council; d persons employed in the provision of (or in managing the provision of) a care service; e registered nurses; f social workers; and g solicitors. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 8th September 2004
LEGAL PROFESSION Citation 1 This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 15) Order 2004. Appointed day 2 Section 32 (multi-national practices) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall, in so far as it is not then in force , come into force on 1st October 2004. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 8th September 2004
SEEDS Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the principal Regulations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 1 to the principal Regulations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 4 to the principal Regulations 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 6 to the principal Regulations 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PUBLIC HEALTH Citation, commencement and interpretation 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (No. 2) (Scotland) Order 2004 and shall come into force at 1600 hours on 6th September 2004. 2 In this Order– a “scallops” means scallops of the species Pecten maximus ; and b “relevant time” means 0001 hours on 6th September 2004. Designated circumstances 2 In the opinion of the Scottish Ministers, scallops in the area designated in article 3 below may be affected by the toxin which causes diarrhetic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed. Designated area 3 The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated area 4 No person shall fish for or take any scallops in the designated area. Prohibited movement of scallops 5 No person shall move any scallops out of the designated area. Restrictions 6 No person shall– a use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived; b land any scallops which were in waters in the designated area after the relevant time; c supply, or have in possession for supply, any scallops which were in the designated area after the relevant time; d supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article; or e feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article. TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th September 2004
SOCIAL CARE Citation and commencement 1 This Order may be cited as the Regulation of Care (Scotland) Act 2001 (Commencement No. 5 and Transitional Provisions) Amendment Order 2004 and shall come into force on 30th September 2004. Amendment of transitional provisions 2 In articles 3(2) and 4(b) (transitional provisions) of the Regulation of Care (Scotland) Act 2001 (Commencement No. 5 and Transitional Provisions) Order 2004 – a for “1st October 2004” in each place where it appears, substitute “1st January 2005”; and b for “1st April 2005” in each place where it appears, substitute “1st January 2006”. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd September 2004
FREEDOM OF INFORMATION Citation and commencement 1 1 These Regulations may be cited as the Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004. 2 These Regulations shall come into force on 1st January 2005. Interpretation 2 In these Regulations– “ the Act ” means the Freedom of Information (Scotland) Act 2002; and “projected costs” has the meaning set out in regulation 3. Projected costs 3 1 In these Regulations, “projected costs” in relation to a request for information means the total costs, whether direct or indirect, which a Scottish public authority reasonably estimates in accordance with this regulation that it is likely to incur in locating, retrieving and providing such information in accordance with the Act. 2 In estimating projected costs– a no account shall be taken of costs incurred in determining– i whether the authority holds the information specified in the request; or ii whether the person seeking the information is entitled to receive the requested information or, if not so entitled, should nevertheless be provided with it or should be refused it; and b any estimate of the cost of staff time in locating, retrieving or providing the information shall not exceed £15 per hour per member of staff. Fee payable 4 Where an authority proposes to communicate information to which section 13(1) of the Act (fees for disclosure in certain circumstances) applies, the fee which it may charge shall be such fee as it shall notify to and agree with the person who requests the information before the information is communicated, and in any case shall not exceed the sum of £50 plus the amount by which the projected costs exceed £600. ANDREW P KERR Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd September 2004
MENTAL HEALTH Citation and commencement 1 These Regulations may be cited as the Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004 and shall come into force on 28th September 2004. General members of the Mental Health Tribunal for Scotland 2 A member of the panel mentioned in paragraph 1(1)(c) of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be a person who– a has experience of– i a mental disorder; and ii of using services provided in relation to mental disorder, or is a carer for a person having such experience; b is a registered nurse with experience of providing services to persons having a mental disorder; c is a clinical psychologist entered on the British Psychological Society’s register of chartered psychologists; d is a social worker (having the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 ) with experience in the assessment and care management of persons having a mental disorder; e is an occupational therapist registered with the Health Professions Council who has experience in the assessment and care management of persons having a mental disorder; or f not being a person mentioned in (a) to (e), is employed in the provision of (or in managing the provision of) a care service (having the meaning given by subsection (1)(a), (b), (e), (g), (h) and (k) of section 2 of the Regulation of Care (Scotland) Act 2001) to persons having a mental disorder. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd September 2004
MENTAL HEALTH Citation and commencement 1 These Regulations may be cited as the Mental Health Tribunal for Scotland (Appointment of Medical Members) Regulations 2004 and shall come into force on 28th September 2004. Medical members of the Mental Health Tribunal for Scotland 2 A member of the panel mentioned in paragraph 1(1)(b) of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be a person who is a medical practitioner and– a is a member or fellow of the Royal College of Psychiatrists; or b has a minimum of four years whole time equivalent experience of providing psychiatric services. 3 For the purposes of regulation 2(b) whole time equivalent will be calculated by multiplying the full length of the person’s experience by the following fraction:– person's hours of employment each week hours constituting comparable whole-time employment. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd September 2004
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health Tribunal for Scotland (Delegation of the President’s Functions) Regulations 2004 and shall come into force on 28th September 2004. 2 In these Regulations– “ the Act ” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and “the President ” means the President of the Mental Health Tribunal for Scotland. Delegation by the President of his functions 2 1 The President may delegate to any of the members of the Tribunal or its staff the functions conferred on the President by the following provisions in schedule 2 to the Act:– a paragraph 7(1) (determination of the number of tribunals to discharge the functions of the Tribunal); b paragraph 7(2) (determination of when and where the Tribunal shall sit); c paragraph 7(3)(a)(ii) (selection of a member of the panel mentioned in paragraph 1(1)(a) of schedule 2 to the Act); d paragraph 7(3)(b) (selection of a member from each of the panels mentioned in paragraph 1(1)(b) and (c) of schedule 2 to the Act); e paragraph 7(4)(b) (selection from the panel mentioned in paragraph 2 of schedule 2 to the Act); f paragraph 7(6) (giving of direction and issuing of guidance about the administration of the Tribunal); g paragraph 8(3) (request for accommodation for holding of hearings by the Tribunal); h paragraph 15 (disclosure of information); and i paragraph 16(1) and (2) (payment of allowances for attendance at hearings and preparation of reports). 2 The President may delegate to members of the panel mentioned in paragraph 1(1)(a) of schedule 2 to the Act the functions conferred on the President by paragraph 7(4)(a) (Tribunal Convener) of that schedule. MALCOLM CHISHOLM A member the Scottish Executive St Andrew’s House, Edinburgh 3rd September 2004
NATIONAL HEALTH SERVICE Citation and commencement 1 This Order may be cited as the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Amendment Order 2004 and shall come into force on 30th September 2004. Amendment of the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Order 2004 2 In article 101(4) (transitory modification of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998) of the General Medical Services and Section 17C Agreements (Transitional and Other Ancillary Provisions) (Scotland) Order 2004 for “(iii) maternity medical services only.” substitute– iii maternity medical services only; iv minor surgery services only; or v any combination of the services mentioned in paragraphs (i) to (iv) above; . MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 2nd September 2004
CRIMINAL LAW Citation and commencement 1 These Regulations may be cited as the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2004 and shall come into force on 30th September 2004. Amendment of the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Regulations 2004 2 1 The Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Regulations 2004 are amended as follows. 2 In the Schedule, in the column headed “POLICE STATION NAME AND ADDRESS” for Central Scotland police area, below the entry relating to Alloa Police Station, insert– Falkirk Police Station West Bridge Street Falkirk FK1 5AP . CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 1st September 2004
PESTICIDES Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Plant Protection Products (Scotland) Regulations 2003 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NATIONAL HEALTH SERVICE Citation 1 This Order may be cited as the National Health Service Reform (Scotland) Act 2004 (Commencement No. 2) Order 2004. Appointed day 2 The days appointed for the coming into force of the following provisions of the National Health Service Reform (Scotland) Act 2004 are:– a 1st September 2004, for:– i section 1(1), but only for the purpose of providing in that Act that the National Health Service (Scotland) Act 1978 shall be referred to as “the 1978 Act”; ii section 2, but only for the purpose of enabling the Scottish Ministers to make regulations under section 4B(6) of the 1978 Act; b 30th September 2004, for:– i sections 1(2) and (3), 3, 4, 5, 6 and 7; ii section 2, so far as it is not already in force; iii section 11(1), so far as relating to schedule 1, paragraph 1(1), (2), (3) and (6); and iv schedule 1, paragraph 1(1), (2), (3) and (6); c 1st January 2005, for section 9; and d 1st February 2005, for section 8. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 27th August 2004
MENTAL HEALTH Citation and interpretation 1 1 This Order may be cited as the Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 3) Order 2004. 2 In this Order, “ the Act ” means the Mental Health (Care and Treatment) (Scotland) Act 2003. Appointed days 2 The provisions of the Act specified in column 1 of Schedule 1 to this Order shall, in so far as not then in force, come into force on 1st September 2004, but, where a particular purpose is specified in relation to any provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose. 3 The provisions of the Act specified in Schedule 2 to this Order shall, in so far as not then in force, come into force on 4th October 2004. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 31st August 2004