othertales/uklegislation huggingface dataset:
HIGH COURT OF JUSTICIARY Citation and commencement 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) 2004 and shall come into force on 1st May 2004. 2 This Act of Adjournal shall be inserted in the Books of Adjournal. Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996 2 1 The Act of Adjournal (Criminal Procedure Rules) 1996 shall be amended in accordance with the following sub-paragraphs. 2 For rule 20.3A (sexual offences to which Part 1 of the Sex Offenders Act 1997 applies) there shall be substituted the following:– Sexual offences to which Part 2 of the Sexual Offences Act 2003 applies 20.3A 1 A certificate under section 92(2) of the Sexual Offences Act 2003 (certificate that an accused has been convicted of, found not guilty by reason of insanity of, or found to be under a disability and to have done the act charged against him in respect of, an offence listed in Schedule 3 to that Act) shall be in Form 20.3A A. 2 Subject to paragraph (3), when a certificate such as is mentioned in paragraph (1) is prepared, the accused shall be given a copy of it by the clerk of the court, together with a notice in Form 20.3A B. 3 If the certificate is not prepared immediately after the statement in open court but is to be prepared subsequently, the clerk of the court shall forthwith give the accused the notice required by paragraph (2) and shall in due course send a copy of the certificate to the accused. 4 The clerk of the court shall retain a copy of the notice given to the accused and shall record on that copy the fact that notice has been so given. 5 The record made under paragraph (4) shall be sufficient evidence of the fact recorded; and a certificate of posting sufficient evidence of the sending of a copy under paragraph (3). . 3 After Chapter 45 (Fur Farming (Prohibition) (Scotland) Act 2002) there shall be inserted the following:– CHAPTER 46 PARENTAL DIRECTIONS UNDER THE SEXUAL OFFENCES ACT 2003 Young offenders: parental directions 46.1 Where a court makes a direction under section 89(1) of the Sexual Offences Act 2003 (young offenders: parental directions) in respect of an individual having parental responsibilities in relation to a young offender, the clerk of the court shall— a intimate the making of the direction; and b deliver or send by post a copy of the notice in Form 20.3A-B (notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003), to that individual and to the chief constable of the police force within the area of which the young offender resides. Applications to vary, renew or discharge parental directions 46.2 An application under section 90(1) of the Sexual Offences Act 2003 (parental directions: variations, renewals and discharges) shall be made by petition in Form 46.2. . 4 In the appendix– a for Form 20.3A-A and Form 20.3A-B respectively, there shall be substituted the forms set out in Schedule 1 to this Act of Adjournal; b at the end there shall be inserted the form set out in Schedule 2 to this Act of Adjournal. Cullen of Whitekirk Lord Justice General I.P.D. Edinburgh 30th April 2004
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) (Personal Injuries Actions) 2004 and shall come into force on 29th June 2004. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of the Rules of the Court of Session 2 1 The Rules of the Court of Session 1994 shall be amended in accordance with the following sub-paragraphs. 2 For rule 43.1(3) (disapplication of certain rules to personal injuries actions), there shall be substituted the following:– 3 The following rules shall not apply to an action to which this Chapter applies– rule 4.9(2) (prorogation of time for lodging document), rule 6.2 (fixing and allocation of diets in Outer House), rule 13.2 (form of summonses), rule 13.6A(1)(a) (arrestment to found jurisdiction), rule 13.7 (service and intimation of summonses), rule 13.13(6) (falling of instance), rule 18.1(1)(b) (defences to include pleas-in-law), rule 22.1 (making up open record), rule 22.2 (adjustment), rule 22.3 (closing record), rule 36.3 (lodging productions). . 3 In the appendix for Form 43.2–A (form of summons and backing in personal injuries action) and Form 43.2–B (form of order of court in personal injury action for recovery of documents) there shall be substituted respectively the forms set out in the Schedule to this Act of Sederunt. Cullen of Whitekirk Lord President I.P.D. Edinburgh 8th June 2004
PUBLIC BODIES Citation 1 This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Commencement No. 6) Order 2004. Commencement 2 6th May 2004 is the day appointed for the coming into force of the following provisions of the Public Appointments and Public Bodies etc. (Scotland) Act 2003:– a section 4(c); b section 17, insofar as it relates to the provisions in schedule 4 specified in paragraph (c); and c paragraphs 5(3) and (17) and 17(a)(i) of schedule 4. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 27th April 2004
FREEDOM OF INFORMATION Citation 1 This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Commencement No. 3) Order 2004. Interpretation 2 In this Order “ the Act ” shall mean the Freedom of Information (Scotland) Act 2002. Commencement 3 1 The provisions of the Act listed in column 1 of the Schedule to this Order and whose subject matter is specified in column 2 of that Schedule shall, insofar as they are not already in force come into force on 30th April 2004 but where a particular purpose is also specified in column 3 of that Schedule, that provision shall come into force on its appointed day only for that purpose. 2 The remaining provisions of the Act shall, insofar as they are not already in force, come into force on 1st January 2005. TAVISH SCOTT A member of the Scottish Executive St Andrew’s House, Edinburgh 29th April 2004
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment No. 2) 2004 and shall come into force on 3rd May 2004. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2004 2 1 The Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2004 shall be amended in accordance with the following sub-paragraph. 2 For paragraph 3(e) there shall be substituted the following:– e for paragraph 6 (options hearing or child welfare hearing) there shall be substituted the following:– 6 Options Hearing or Child Welfare Hearing – To include preparation for and conduct of (each of) an Options Hearing or a Child Welfare Hearing and noting interlocutor– a where initial hearing does not exceed one half hour; £209.80 b where initial hearing exceeds one half hour – for every extra quarter hour; £ 31.30 c where hearing continued, for each continued hearing that does not exceed one half hour; £105.00 d where continued hearing exceeds one half hour – for every extra quarter hour; and £ 31.30 e for lodging and intimating or for considering note of the basis of preliminary plea – for each note lodged; £ 52.60 . . Cullen of Whitekirk Lord President, I.P.D. Edinburgh 22nd April 2004
CRIMINAL LAW Citation 1 This Order may be cited as the Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2004. Commencement 2 The provisions of this Order, with the exception of article 3(b), shall come into force on 17th May 2004 and the provisions of article 3(b) shall come into force on 21st June 2004. Prescribed courts 3 The courts which are prescribed for the purposes of section 235(4)(a) of the Criminal Procedure (Scotland) Act 1995 are– a Ayr Sheriff Court; and b Glasgow District Court. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 22nd April 2004
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 2) (Scotland) Revocation Order 2004 and shall come into force at 1630 hours on 19th April 2004. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 2) (Scotland) Order 2004 is hereby revoked. TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th April 2004
LEGAL PROFESSION Citation, commencement and extent 1 1 This Order may be cited as the European Communities (Services of Lawyers) Amendment (Scotland) Order 2004 and shall come into force on 17th May 2004. 2 This Order extends to Scotland and insofar as it extends beyond Scotland it does so only as a matter of Scots law. Amendments to the European Communities (Services of Lawyers) Order 1978 2 The European Communities (Services of Lawyers) Order 1978 is amended in accordance with the following articles. 3 For “an EEC lawyer” wherever it occurs, and “the EEC lawyer's” where it occurs in article 16(1)(a), substitute “a European lawyer” and “the European lawyer's” respectively. 4 In article 2 – a after the definitions of “advocate”, “barrister” and “solicitor” insert– “country of origin”, in relation to a European lawyer, means the country or countries in which he is established ; b for the definition of “EEC lawyer” substitute– “European lawyer” means a person entitled to pursue his professional activities in a state in column 1 using the designation referred to in column 2– State Designation(s) Austria Rechtsanwalt Belgium Avocat/Advocaat Cyprus Δικηγóρος Czech Republic Advokát Denmark Advokat Estonia Vandeadvokaat Finland Asianajaja/Advokat France Avocat Germany Rechtsanwalt Hellenic Republic Dikegoros Hungary Ügyvéd Iceland Lögmaður Republic of Ireland Barrister/solicitor Italy Avvocato Latvia Zvẽrinãts advokãts Liechtenstein Rechtsanwalt Lithuania Advokatas Luxembourg Avocat Malta Avukat/Prokuratur Legali Netherlands Advocaat Norway Advokat Poland Adwokat/Radca prawny Portugal Advogado Slovakia Advokát/Komerčný právnik Slovenia Odvetnik/Odvetnica Spain Abogado/Advocat/Avogado/Abokatu Sweden Advokat Switzerland Avocat/Advokat/Rechtsanwalt/Anwalt/Fürsprecher/Fürsprech/Avvocato and omit the definition of “member State of origin”. 5 In article 11– a omit “member”; and b for “State” in each place where it appears, substitute “country”. 6 In article 18– a in paragraph (2), for “the Solicitors (Scotland) Act, 1933” substitute “the Solicitors (Scotland) Act 1980” ; and b in paragraph (3), for “section 42 of the Solicitors (Scotland) Act 1933” substitute “section 33 of the Solicitors (Scotland) Act 1980” . 7 In the Schedule– a in Part 1, for “Legal Aid (Scotland) Act 1967 (c. 43) ” substitute “Legal Aid (Scotland) Act 1986 (c. 47) ”; b in Part 2, for “Solicitors (Scotland) Act 1933 (c. 21) , section 39” substitute “Solicitors (Scotland) Act 1980 (c. 46) , section 32” ; and c in Part 3, for “Solicitors (Scotland) Act 1933 (c. 21) , sections 37, 38” substitute “Solicitors (Scotland) Act 1980 (c. 46) , section 26” . A. K. Galloway Clerk of the Privy Council
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 11) (Scotland) Order 2003 Revocation Order 2004 and shall come into force at 1300 hours on 13th April 2004. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 11) (Scotland) Order 2003 and the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 11) (Scotland) Order 2003 Partial Revocation Order 2004 are hereby revoked. TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th April 2004
WATER SUPPLY Citation and commencement 1 The Order may be cited as the Scottish Water (River Isla) Ordinary Drought Order 2004 and shall come into force on 9th April 2004. Interpretation 2 In this Order– “ the Act ” means the Natural Heritage (Scotland) Act 1991; “day” means a period of 24 hours reckoned from midnight; “deposited plan” means the plan, prepared in duplicate, docqueted and signed as relevant to this Order and marked “Proposed temporary pumping from River Isla: Scottish Water (River Isla) Ordinary Drought Order 2004”, one copy of which is deposited in the office of the Scottish Executive, Victoria Quay, Edinburgh, and the other in its Head Office of Scottish Water at Castle House, 6 Castle Drive, Carnegie Campus Dunfermline, Fife KY11 8GG; “gauge” includes a gauge, weir or other apparatus for measuring the flow of water; “intake” includes any work by which water is taken by Scottish Water for the purpose of the undertaking; “the relevant period” means a period of six months beginning with the day on which this Order comes into force; “Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002 ; “undertaking” means the water undertaking for the time being of Scottish Water; “works” means the works described in the Schedule to this Order and in the lines and situations and according to the general dimensions and levels shown on the deposited plan. Works 3 Scottish Water is hereby authorised to execute the works. Water rights 4 Subject to the provisions of this Order, during the relevant period, Scottish Water may, for the purposes of the undertaking, and by means of an intake (Work No. 1), take water from the River Isla in Angus. 5 1 Subject to paragraph (2) below, Scottish Water may in any day take from the said River Isla a quantity of water not greater than 20,000 cubic metres, at a rate not greater than 300 litres per second. 2 No water shall be taken by Scottish Water from the said River Isla during any period when the river flow, as measured by the Scottish Environment Protection Agency gauge at Wester Cardean Gauging Station (NGR NO 295466), is less than 242,350 cubic metres per day. Supplementary provision 6 For the duration of the relevant period, Scottish Water shall keep at its Head Office a copy of this Order and a copy of the deposited plan. ANDREW SCOTT A member of staff of the Scottish Ministers St Andrew’s House, Edinburgh 7th April 2004
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2003 Revocation Order 2004 and shall come into force at 1600 hours on 6th April 2004. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2003 and the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Partial Revocation Order 2003 are hereby revoked. TREVOR JONES A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 6th April 2004
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 6) (Scotland) Order 2003 Revocation Order 2004 and shall come into force at 1600 hours on 6th April 2004. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 6) (Scotland) Order 2003 and the Food Protection (Emergency Prohibitions) Amnesic Shellfish Poisoning) (West Coast) (No. 6) (Scotland) Order 2003 Partial Revocation Order 2004 are hereby revoked. TREVOR JONES A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 6th April 2004
CRIMINAL LAW Citation and interpretation 1 1 This Order may be cited as the Crime and Punishment (Scotland) Act 1997 (Commencement No. 6 and Savings) Order 2004. 2 In this Order, “the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995 . Appointed day 2 The day appointed for the coming into force of section 13(1), (3) and (4) of the Crime and Punishment (Scotland) Act 1997 is 1st May 2004. Savings 3 Sections 3 and 195(2) of the 1995 Act and paragraph 12 of Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 shall continue to have effect as if this Order had not been made in relation to any case where– a the first diet to which the accused is cited in accordance with section 66 of the 1995 Act; or b the diet in respect of which notice to appear is given to the accused in terms of section 76(1) or 81(1) of the 1995 Act, is before 1st May 2004. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd April 2004
CRIMINAL LAW Citation and extent 1 1 This Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No. 1) (Scotland) Order 2004. 2 This Order extends to Scotland only. Appointed day 2 The day appointed for the coming into force of section 89 of the Crime (International Co operation) Act 2003 is 26th April 2004. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 31st March 2004
HOUSING Citation, commencement and interpretation 1 1 This Order may be cited as the Housing Support Grant (Scotland) Order 2004 and shall come into force on 1st April 2004. 2 In this Order– a “the number of houses of the authority” means the estimate of the number of houses to which the housing revenue account of the authority, at 30th September 2004, relates; and b any reference to any type of expenditure, charge or income which is estimated is a reference to such an estimate made by the Scottish Ministers. Aggregate amount of grants for 2004–2005 2 The aggregate amount of the housing support grants for the year 2004 2005 shall be £5,312,125. Apportionment of grants for 2004–2005 3 The aggregate amount of the housing support grants for the year 2004–2005 shall be apportioned among the local authorities listed in Schedule 1 to this Order according to their respective estimated net expenditures for the year 2004–2005 assessed in the manner provided for in Schedule 2 to this Order. MARGARET CURRAN A member of the Scottish Executive St Andrew’s House, Edinburgh 31st March 2004
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 9) (Scotland) Order 2003 Revocation Order 2004 and shall come into force at 1600 hours on 6th April 2004. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 9) (Scotland) Order 2003 is hereby revoked. TREVOR JONES A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 6th April 2004
EDUCATION Citation, commencement and extent 1 1 These Regulations may be cited as the Education (Student Loans) Amendment (Scotland) Regulations 2004 and shall come into force on 1st August 2004. 2 These Regulations shall extend to Scotland and, in so far as they extend beyond Scotland, they do so only as a matter of Scots Law . Amendment of Regulations 2 In regulation 6(1) to (4) of the Education (Student Loans) Regulations 1998 for each of the figures in the first column below wherever it appears there shall be substituted the corresponding figure in the second column below: First column Second Column £ £ 1,100 1,125 1,765 1,810 1,500 1,535 2,420 2,480 1,430 1,465 1,960 2,005 JIM WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 26th May 2004
NATIONAL HEALTH SERVICE Citation and commencement 1 1 These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 3) Regulations 2004. 2 Subject to paragraph (3) these Regulations shall come into force on 1st April 2004. 3 Regulation 2(5) shall come into force on 6th April 2004. Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 2 1 The National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 are amended as follows. 2 In the following regulations omit the words “or primary care NHS trust” in each place where they occur:– regulation 2(1) (interpretation) ; regulation 6 (ophthalmic list) ; regulation 7 (application for inclusion in ophthalmic list and notification of charges) ; regulation 8 (withdrawal from ophthalmic list) ; regulation 9 (removal from ophthalmic list) ; regulation 10 (the statement) ; regulation 12 (arrangements for particular districts) ; regulation 13 (payment for services) ; regulation 13A (payments to contractors suspended by direction of the Tribunal) ; regulation 14A (sight test – applications) ; regulation 16 (publication of particulars) ; regulation 17 (service of documents on contractors) . 3 In regulation 6 (ophthalmic list)– a in paragraph (1) omit “the appropriate part of the Board’s area” and substitute “its area”; and b in paragraph (3)(b) omit “appropriate part of the Board’s area” and substitute “Board’s area”. 4 In regulation 13(1) (ophthalmic list) omit “the appropriate part of the Board’s area” and substitute “its area”. 5 In regulation 14(2)(e) (sight test – eligibility) after “requirements as so calculated” insert “or exceeds his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 ”. 6 In Schedule 1 (terms of service)– a omit the words “or primary care NHS trust” in each place where they occur in– paragraph 2 (incorporation of provisions) ; paragraph 3A (visits) ; paragraph 4 (premises and equipment) ; paragraph 5 (notices) ; paragraph 7 (deputies) ; paragraph 8 (employees) ; paragraphs 8A and 8B (complaints) ; and b in paragraph 6 (records) omit the words “, the Board, or the primary care NHS trust” in each place where they occur and substitute the words “or the Board”. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 30th March 2004