othertales/uklegislation huggingface dataset:
Children And Young Persons Citation and commencement 1 1 This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) (No. 2) Order 2009. 2 This Order comes into force on 12th October 2009. Effect of the Order 2 This Order has effect until the commencement, for all purposes, of paragraph 30 of schedule 4 to the Protection of Vulnerable Groups (Scotland) Act 2007. Modification of the Police Act 1997 3 1 For the purpose of this Order section 113C(3) (criminal record certificates: suitability relating to children) of the Police Act 1997 has effect as if it had been modified by inserting after paragraph (a)— aa the children’s barred list maintained under section 2(1)(a) of the Safeguarding Vulnerable Groups Act 2006 ; . 2 For the purpose of this Order section 113D(3) (criminal record certificates: suitability relating to adults) of the Police Act 1997 has effect as if it had been modified by inserting after paragraph (a)— aa the adults’ barred list maintained under section 2(1)(b) of the Safeguarding Vulnerable Groups Act 2006; . Modification of the Protection of Children (Scotland) Act 2003 4 1 For the purpose of this Order section 17(1) (meaning of “disqualified from working with children”) of the Protection of Children (Scotland) Act 2003 has effect as if it had been modified by inserting after paragraph (b)— ba included in the list maintained under section 2(1)(a) (the children’s barred list) of the Safeguarding Vulnerable Groups Act 2006 ; . Amendment to the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 5 1 Regulation 13 (children’s suitability statement – specified children’s lists and directions) of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 is amended by inserting after paragraph (1)(a)— aa in the children’s barred list maintained under section 2(1)(a) of the Safeguarding Vulnerable Groups Act 2006, the details are whether any appeal against inclusion in the list is pending; . 2 Regulation 14 (adults’ suitability statement – specified adults’ list) of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 is amended as follows:— a at the end of paragraph (a) omit “and”; and b after paragraph (a) insert— aa in the adults’ barred list maintained under section 2(1)(b) of the Safeguarding Vulnerable Groups Act 2006, the details are whether any appeal against inclusion in the list is pending; and . Revocation 6 The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 is revoked. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd October 2009
Sea Fisheries Citation and commencement 1 This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Amendment Order 2009 and comes into force on 10th October 2009. Amendment of the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009 2 1 The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009 is amended in accordance with this article. 2 In article 12(1) (penalties), for “article 3(3), 4, 5, 6, 8, or 9(1), (2) or (5),” substitute “article 3(3), 4, 5, 6, 8, 9(1), (2) or (5), 10(4) or 11(2)”. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 6th October 2009
Town And Country Planning Citation and commencement 1 This Order may be cited as the Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Amendment (No. 2) Order 2009 and comes into force on 16th November 2009. Amendment of Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 2 1 The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 is amended in accordance with paragraphs (2) and (3). 2 In article 3(2)(b)(ii) for “as it” substitute “or the period within which representations may be timeously made following publication of proposals under section 9(4) of the Act (as the case may be) as those sections”. 3 In article 5(2)(b) for paragraphs (ii) and (iii) substitute— ii the circumstances mentioned in section 19(2) were that the period within which objections to a local plan may be timeously made to the planning authority following the local plan being made available for inspection under section 12(3)(a) of the Act (as continued in force by paragraph (2)(a)) has expired and one or more objection to the plan has been made to the planning authority within that period (and has not been subsequently withdrawn); iii the requirement under section 19(1) to make a request to the Scottish Ministers to appoint a person to examine the proposed plan under section 19(3) arises following the expiry of that period rather than on the submission of a proposed local development plan; iv in section 19(3) the reference to time of the submission of a proposed development plan under section 18(4)(a) were a reference to the time following the expiry of that period; and v references in section 19(6)(b) and section 20A(1)(d)(i) to persons who have made representations were references to persons making an objection to the local plan within that period. . STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th October 2009
Judicial Appointments And Discipline Citation, interpretation and commencement 1 1 This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009. 2 References to “ the Act ” mean the Judiciary and Courts (Scotland) Act 2008. 3 Article 2 comes into force on the day that section 27 of the Act comes into force. 4 Article 3(1) comes into force on the day that section 40 of and paragraph 2 of Schedule 5 to the Act come into force. 5 Article 3(2) comes into force on the day that section 61 of the Act comes into force. 6 Article 4 comes into force on 1st October 2009. Modification of the Promissory Oaths Act 1871 2 In section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) in the third paragraph (relating to Scotland) after the words “acts as justice” insert “or sheriff, or, for a part-time sheriff, in open court before any sheriff principal”. Modification of the Sheriff Courts (Scotland) Act 1971 3 1 In section 11B(4) of the Sheriff Courts (Scotland) Act 1971 (limitation, termination etc of appointment of part-time sheriffs), for “section 11C” substitute “section 12E”. 2 In section 19 for the words from “The Secretary of State” to “Treasury” substitute “The Scottish Court Service may pay to any sheriff principal such allowances as it”. Modification of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 4 In Part 2 of Schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (excepted offices and employments), after paragraph 27 insert— 29 Members mentioned in section 35(4)(c) of the Judiciary and Courts (Scotland) Act 2008 of a tribunal constituted under section 35(1) of that Act to consider the fitness for judicial office of a person holding a judicial office mentioned in section 35(2) of that Act. 30 Members mentioned in section 12A(4)(d) of the Sheriff Court (Scotland) Act 1971 of a tribunal constituted under section 12A(1) of that Act to consider the fitness for shrieval office of a person holding a shrieval office mentioned in section 12A(2) of that Act. 31 Lay members of the Judicial Appointments Board for Scotland appointed by the Scottish Ministers under paragraph 2 of schedule 1 to the Judiciary and Courts (Scotland) Act 2008. 32 Non-judicial members of the Scottish Court Service mentioned in paragraph 2(3)(d) of schedule 3 to the Judiciary and Courts (Scotland) Act 2008. . FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 28th September 2009
Environmental Protection Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Seeds Citation and commencement 1 These Regulations may be cited as the Fodder Plant Seed (Scotland) Amendment Regulations 2009 and shall come into force on 2nd November 2009. Amendment of the Fodder Plant Seed (Scotland) Regulations 2005 2 1 The Fodder Plant Seed (Scotland) Regulations 2005 are amended in accordance with paragraph (2). 2 In the table in Part II of Schedule 5 (maximum weight of a seed lot and minimum weight of a submitted sample), for the figures ‘20’ and ‘25’, as the case may be, in the column headed ‘Maximum weight of a lot (tonnes)’ opposite the entries “Common vetch”, “Field bean”, “Field pea”, “Hairy vetch”, “Hungarian vetch”, “Narrow-leaved lupin (Blue lupin)”, “White lupin” and “Yellow lupin” in the column headed “Species”, substitute in each case the figure 30. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 24th September 2009
Agriculture Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to regulation 2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to regulation 7 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to regulation 9 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to regulation 12 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to Schedule 1 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to Schedule 2 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to Schedule 3 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.4) (Devolution Issues) 2009 and comes into force on 1st October 2009. 2 This Act of Adjournal is to be inserted in the Books of Adjournal. 3 Unless the context requires otherwise, in this Act of Adjournal a reference to a numbered rule is to the rule of that number in the Criminal Procedure Rules 1996 . Amendment of the Criminal Procedure Rules 1996: devolution issues 2 1 In rule 40.1(1) (interpretation) the definition of “the Judicial Committee” is omitted. 2 In paragraph (1) of rule 40.8 (orders pending determination of devolution issue) for “Judicial Committee” substitute “Supreme Court” in both places where that expression appears. 3 In rule 40.9 (reference of devolution issue to Judicial Committee) — a in each of paragraphs (1)(a) and (b) for “Judicial Committee” substitute “Supreme Court”; b in paragraph (3)— i for “Rule 2.9 of the Judicial Committee (Devolution Issues) Rules 1999” substitute “Practice Direction 10 of the Supreme Court”; and ii in subparagraph (b), for “Judicial Committee” substitute “Supreme Court”. 4 The heading of rule 40.9 becomes “ Reference of devolution issue to Supreme Court ”. 5 In paragraph (1) of rule 40.10 (procedure on receipt of determination of devolution issue) for “Judicial Committee” substitute “Supreme Court”. 6 In rule 40.11 (procedure following disposal of appeal by Judicial Committee for “Judicial Committee” substitute “Supreme Court”. 7 The heading before rule 40.11 becomes “ Procedure following disposal of appeal by Supreme Court ”. A.C. HAMILTON Lord Justice General I.P.D. Edinburgh 18th September 2009
Scottish Court Service Citation and interpretation 1 1 This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Commencement No. 3) Order 2009. 2 “ the Act ” means the Judiciary and Courts (Scotland) Act 2008. Appointed day 2 The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of each provision being mentioned in column 2) is 1st October 2009. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th September 2009
Public Health Citation and interpretation 1 1 This Order may be cited as the Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009. 2 In this Order— “the 2008 Act ” means the Public Health etc. (Scotland) Act 2008; and “the 1897 Act ” means the Public Health (Scotland) Act 1897 . Commencement of provisions of the 2008 Act and consequential amendments and repeals 2 The following provisions of the 2008 Act come into force on 1st October 2009— a the provisions specified in column (1) of Schedule 1 (the subject matter of each provision being mentioned in column 2) in so far as not already in force; b the amendments of enactments specified in Schedule 2; c the consequential repeals and revocations specified in Schedule 3. Savings 3 Despite the repeal of the 1897 Act by Part 1 of schedule 3 to the 2008 Act— a section 72 of the 1897 Act continues to have effect for the purposes of section 313(1) of the Housing (Scotland) Act 1987 (byelaws with respect to houses in multiple occupation); b section 166 of the 1897 Act continues to have effect for the purposes of section 34(3)(b) of the Mines and Quarries (Tips) Act 1969 (protection of local authorities); c the definition of “owner” in section 3(1) of the 1897 Act continues to have effect for the purposes of section 18(1) of the Compensation (Defence) Act 1939 (application of Act to Scotland); and d Parts II and V of the 1897 Act continue to have effect for the purposes of section 159(1)(b) of the Local Government, Planning and Land Act 1980 . SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th September 2009
Children And Young Persons Citation and commencement 1 1 This Order may be cited as the Protection of Children (Scotland) Act 2003 (The Meaning of Disqualified from Working with Children: Corresponding Disqualifications in Northern Ireland) (No. 2) Order 2009. 2 This Order comes into force on 12th October 2009. Corresponding disqualifications under the law of Northern Ireland 2 Being barred from regulated activity relating to children in accordance with article 7(2)(a) (barred persons) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 is a disqualification which corresponds to disqualification from working with children by virtue of section 17(1)(a) (meaning of “disqualified from working with children”) of the Protection of Children (Scotland) Act 2003. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th September 2009
Sheriff Court Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 2) 2009 and comes into force on 2nd November 2009. 2 This Act of Sederunt is to be inserted in the Books of Sederunt. Amendment of table of fees 2 1 Schedule 1 to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 is amended in accordance with the following subparagraphs. 2 In the heading of Part II of Chapter II of the Table of Fees, after “DEFENDED ORDINARY ACTIONS” insert “(OTHER THAN PERSONAL INJURIES ACTIONS TO WHICH PART IIA APPLIES)”. 3 After Part II of Chapter II in the Table of Fees, insert Part IIA set out in the Schedule to this Act of Sederunt. A.C. HAMILTON Lord President I.P.D. Edinburgh 18th September 2009
Registration Of Births, Deaths, Marriages, etc. Citation and commencement 1 These Regulations may be cited as the Registration Services (Prescription of Forms) (Scotland) Regulations 2009 and come into force on 12th October 2009. Amendment of the Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 1995 2 1 The Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 1995 are amended in accordance with this regulation. 2 For the form set out in Schedule 1 (adopted children register entry) substitute the form set out in Schedule 1 to these Regulations. 3 For the form set out in Schedule 2 (parental order register entry) substitute the form set out in Schedule 2 to these Regulations. Amendment of the Registration of Foreign Adoptions (Scotland) Regulations 2003 3 1 The Registration of Foreign Adoptions (Scotland) Regulations 2003 are amended in accordance with this regulation. 2 After regulation 2 insert— Registrable foreign adoption 2A For the purposes of paragraph 6(5) of schedule 1 to the Adoption and Children (Scotland) Act 2007 (meaning of “registrable foreign adoption”), the requirement is that at the time the Convention or overseas adoption is effected the adoptive parent, or in the case of a couple, both adoptive parents, are habitually resident in Scotland. . 3 For the form set out in the Schedule (form of entry in the adopted children register) substitute the form set out in Schedule 1 to these Regulations. Amendment of the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005 4 1 The Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005 are amended in accordance with this regulation. 2 For the form set out in Schedule 1 (civil partnership notice) substitute the form set out in Schedule 3 to these Regulations. 3 For the form set out in Schedule 2 (civil partnership schedule) substitute the form set out in Schedule 4 to these Regulations. 4 For the form set out in Schedule 3 (civil partnership register page) substitute the form set out in Schedule 5 to these Regulations. Amendment of the Book of Scottish Connections Regulations 2008 5 1 The Book of Scottish Connections Regulations 2008 are amended in accordance with this regulation. 2 For the form set out in Schedule 5 (birth entry) substitute the form set out in Schedule 6 to these Regulations. 3 For the form set out in Schedule 6 (death entry) substitute the form set out in Schedule 7 to these Regulations. 4 For the form set out in Schedule 7 (marriage entry) substitute the form set out in Schedule 8 to these Regulations. 5 For the form set out in Schedule 8 (civil partnership entry) substitute the form set out in Schedule 9 to these Regulations. DUNCAN MACNIVEN Registrar General for Scotland New Register House, Edinburgh 16th September 2009 Approved by the Scottish Ministers JIM MATHER Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th September 2009
Judicial Appointments And Discipline Citation, commencement and interpretation 1 1 This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Transitional Provision) Order 2009 and comes into force on 1st October 2009. 2 “ the Act ” means the Judiciary and Courts (Scotland) Act 2008. The Judicial Appointments Board for Scotland 2 Where recommendations for appointment to the office of sheriff or part-time sheriff were made by the Judicial Appointments Board for Scotland before 1st June 2009, those recommendations shall be treated as recommendations of the Judicial Appointments Board for Scotland established by Chapter 3 of Part 2 of the Act until such time as it makes recommendations under section 9(2)(a) of the Act. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th September 2009
National Health Service Citation and commencement 1 These regulations may be cited as the National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2009 and come into force on 30th September 2009. Amendment of the National Health Service (Discipline Committees) (Scotland) Regulations 2006 2 The National Health Service (Discipline Committees) (Scotland) Regulations 2006 (the “principal regulations”) , are amended as follows— a in paragraph 6(2) of Schedule 1 (term of office of any member or deputy member of any discipline committee) for “one year” substitute “three years”. b in paragraph 1(1)(a) of Schedule 2 (obligation to notify referred practitioner) for “2” substitute “5”. Transitional provisions 3 The amendment to paragraph 1(1)(a) of Schedule 2 to the principal regulations shall not affect any matter already referred to the appropriate discipline committee prior to the coming into force of these regulations. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd September 2009
Children And Young Persons Citation and commencement 1 These Rules may be cited as the Children’s Hearings (Scotland) Amendment Rules 2009 and come into force on 28th September 2009. Amendment of the Children’s Hearings (Scotland) Rules 1996 2 In rule 20(6)(b) (conduct of children’s hearing considering case on referral or at review of supervision requirement) of the Children’s Hearings (Scotland) Rules 1996 for “carried out the procedures” to the end substitute “complied with the requirements of regulation 7 of the Looked After Children (Scotland) Regulations 2009”. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd September 2009
Seeds Citation, commencement and extent 1 1 These Regulations may be cited as the Seed Potatoes (Fees) (Scotland) Regulations 2009 and come into force on 25th September 2009. 2 These Regulations extend to Scotland only. Interpretation 2 In these Regulations “Approved Stock” means seed potatoes that are to be subjected to crop inspection or official examination for the purposes of regulation 3(5) of the Seed Potatoes (Scotland) Regulations 2000 . Payment of Fees 3 Fees must be paid to the Scottish Ministers in respect of the matters arising under the Seed Potatoes (Scotland) Regulations 2000 and specified in relation to an entry in column 1 of the Schedule to these Regulations, calculated on the basis corresponding to that entry specified in column 2 of that Schedule. Withdrawal of application 4 1 If an application for crop inspection referred to in paragraph 2 of the Schedule is withdrawn before the arrival of an inspector for the purpose of inspecting the crop for the first time the fee paid will be refunded to an applicant, subject to the charging of an administration fee of £1.50 per half‑hectare. 2 If the labels and seals referred to in paragraph 4 of the Schedule are returned unused within 2 months of issue, the fee paid will be refunded to an applicant, subject to the charging of an administration fee of £1.00 per tonne. Cancellation of an official examination 5 If an arrangement has been made with an applicant for the carrying out of an official examination (referred to in paragraph 5 of the Schedule) on a particular day, but, on that day, the applicant cancels the arrangement, the applicant will be subject to the charging of an administration fee of £25.00. Exemptions 6 The Scottish Ministers may exempt any person, class of person, or persons generally, from compliance in whole or in part, with the provisions of these Regulations in relation to the payment of fees and any exemption so made may be made subject to conditions. Revocation 7 The Seed Potatoes (Fees) (Scotland) Regulations 2005 and the Seed Potatoes (Fees) (Scotland) Amendment Regulations 2007 are hereby revoked. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 2nd September 2009