othertales/uklegislation huggingface dataset:
SOCIAL WORK Citation and commencement 1 These Regulations may be cited as the Community Care (Direct Payments) (Scotland) Amendment Regulations 2007 and shall come into force on 12th November 2007. Amendment of the Community Care (Direct Payments) (Scotland) Regulations 2003 2 1 The Community Care (Direct Payments) (Scotland) Regulations 2003 are amended in accordance with this regulation. 2 In regulation 1(2) after the definition of “beneficiary” insert– “civil partner” has the same meaning as in the Civil Partnership Act 2004 ; . 3 For regulation 4 (persons from whom services may not be secured by means of a direct payment) substitute– 4 1 The descriptions of persons in paragraph (2) are specified for the purposes of subsection (3) of section 12B (persons from whom services may not be secured by means of a direct payment) of the Act, except to the extent that– a in the case of a service mentioned in section 12B(1)(a)(i) of the Act (community care services), the local authority is satisfied that securing the service from such a person is necessary to meet the beneficiary’s need for that service; or b in the case of a service mentioned in section 12B(1)(a)(ii) of the Act (services for children in need), other than a service provided under section 22(3)(b) of the Children (Scotland) Act 1995 which comprises giving assistance in cash, the local authority is satisfied that securing the service from such a person is necessary to safeguard or promote the welfare of the child in need. 2 The description of persons referred to in paragraph (1) are– a the beneficiary's– i grandparent; ii parent; iii son or daughter; iv brother or sister; v half-brother or half-sister; vi aunt or uncle; vii nephew or niece; or viii grandchildren; b the spouse or civil partner of– i the beneficiary; or ii any person of a description specified in regulation 4(2)(a) or (e); c a person who– i is of the opposite sex to the beneficiary, or to any person of a description specified in regulation 4(2)(a) or (e); and ii is not married to the beneficiary or to that person (as the case may be); but iii lives as though he or she were the beneficiary's, or that person's, husband or wife (as the case may be); d a person who– i is of the same sex as the beneficiary, or of any person of a description specified in regulation 4(2)(a) or (e); and ii who is not the civil partner of the beneficiary or that person (as the case may be); but iii lives as though he or she were the beneficiary's, or that person's, civil partner (as the case may be); e the beneficiary’s aunt’s or uncle’s son or daughter; f the stepparent, stepchild, stepbrother, stepsister, or step grandchild of– i the beneficiary; or ii any person of a description specified in regulation 4(2)(a) but not the beneficiary’s grandparent’s stepparent or the beneficiary’s nephew’s or niece’s stepchild; g the parent in law, son in law, daughter in law, brother in law or sister in law of– i the beneficiary; or ii any person of a description specified in regulation 4(2)(a). . S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th October 2007
HOUSING Citation and commencement 1 These Regulations may be cited as the Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2007 and shall come into force on the day after the day on which they are made. Amendment 2 1 Regulation 2(1) (interpretation) of the Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003 is amended as follows. 2 Before the definition of “the Independent Living Funds” insert the following definition– “the Independent Living Fund (2006)” means the trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part; . 3 In the definition of “the Independent Living Funds” for “the Independent Living Fund or the Independent Living (1993) Fund” substitute “the Independent Living Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006)”. S MAXWELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th October 2007
ANIMALS Citation and commencement 1 1 This Order may be cited as the Foot-and-Mouth Disease (Scotland) Amendment (No. 2) Order 2007, and comes into force on 9th October 2007. Amendment 2 1 The Foot-and-Mouth Disease (Scotland) Order 2006 is amended in accordance with this article. 2 In paragraph (1) of article 2, for the definition of “susceptible animal” substitute– “susceptible animal” means cattle, a sheep, goat, deer, camel, llama, alpaca, guanaco, vicuna, any other ruminant, any swine (that is, a member of the suborder Suina of the order Artiodactyla ) or an elephant; . 3 In Schedule 6 , for paragraph 1 substitute– Movement of susceptible animals in a restricted zone 1 1 No person shall move a susceptible animal– a from premises within a restricted zone; or b into or out of a restricted zone, except under the authority of a licence granted by an inspector (which shall include a condition relating to the cleansing and disinfection of any vehicle used to move the animal). 2 The person in charge of any vehicle used to move an animal under such a licence shall ensure that the vehicle is cleansed and disinfected without delay in accordance with– a the conditions of the licence; and b any additional directions an inspector may give by serving a notice on that person. 3 But this paragraph does not apply in any part of a restricted zone which is also part of protection zone, surveillance zone or vaccination zone. . NEIL RITCHIE A member of the staff of the Scottish Ministers Pentland House, Edinburgh 8th October 2007
LICENSING (LIQUOR) Citation and commencement 1 These Regulations may be cited as the Licensing (Mandatory Conditions) (Scotland) Regulations 2007 and shall come into force on 1st February 2008. Amendment of mandatory conditions of premises licences 2 After paragraph 10 of schedule 3 to the Licensing (Scotland) Act 2005, insert– Notices – admission of persons under 18 11 1 The condition specified in this paragraph applies only in the case of premises on which alcohol is sold for consumption on the premises. 2 There is to be displayed so that it is reasonably visible to customers entering the premises a sign of at least A4 size which– a states that persons under the age of 18 are not permitted on the premises; or b states that such persons are permitted on the premises or on such parts of the premises as are specified on the sign. Baby changing facilities 12 1 The condition specified in this paragraph applies only in the case of premises– a which are not– i a vehicle; ii a vessel; iii a moveable structure; or iv used wholly or mainly for the purposes referred to in section 125(1); b on which alcohol is sold for consumption on the premises; and c to which children under the age of 5 are to be admitted. 2 There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender. . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 11th October 2007
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2007 and shall come into force forthwith. Interpretation 2 In this Order– “the 1980 Act ” means the Education (Scotland) Act 1980; “the 2003 Act” means the Local Government in Scotland Act 2003; “Primary 1”, “Primary 2” and “Primary 3” mean respectively the first, second or third yearly stage of primary education; “primary education” has the same meaning as in section 135(2)(a) of the 1980 Act; “pupil” and “school” have the same meanings as in section 135(1) of the 1980 Act; “school lunch” has the same meaning as in section 53(5) of the 1980 Act; and “ the councils ” means East Ayrshire Council, Fife Council, Glasgow City Council, Scottish Borders Council and West Dunbartonshire Council. Disapplication of section 53(2) of the 1980 Act 3 Section 53(2) of the 1980 Act (duty to charge for school lunches) is disapplied in relation to the councils to the extent necessary to enable them to provide, in pursuance of section 20(1) of the 2003 Act, school lunches free of charge to all pupils in Primary 1, Primary 2 and Primary 3 of primary education within schools under their management. Expiry of Order 4 This Order ceases to have effect on 30th June 2008. ADAM H INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th October 2007
LICENSING (LIQUOR) Citation, commencement and interpretation 1 1 These Regulations may be cited as the Licensing (Relevant Offences) (Scotland) Regulations 2007 and come into force on 1st February 2008. 2 In these Regulations, “ the Act ” means the Licensing (Scotland) Act 2005. Relevant offences 2 In the Act, “relevant offence” means– a any offence specified in the Schedule; b any offence which– i was provided for in an enactment which is no longer in force; and ii was similar in nature to an offence specified in the Schedule; c any offence in respect of aiding and abetting, inciting, counselling or procuring any offence referred to in paragraph (a) or (b); and d any other offence in respect of which a sentence of imprisonment was imposed. Notification of relevant offences 3 Where an offence is a “relevant offence” only by virtue of paragraph (d) of regulation 2 and the sentence of imprisonment is imposed on a date later than that of the conviction in question, sections 24(3), 43(3), 75(2) and 82(2) of the Act are to have effect as if they required notice to be given no later than one month after the date on which the sentence of imprisonment was imposed. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 15th November 2007
HUMAN RIGHTS Citation 1 This Order may be cited as the Scottish Commission for Human Rights Act 2006 (Commencement No. 1) Order 2007. Appointed Day 2 8th November 2007 is the appointed day for the coming into force of the following provisions of the Scottish Commission for Human Rights Act 2006:– a section 1 so far as relating to paragraphs 1 to 15 of schedule 1; b section 7; and c paragraphs 1 to 15 of schedule 1. Judith Simpson Clerk of the Privy Council
AGRICULTURE Citation and commencement 1 These Regulations may be cited as the Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Revocation Regulations 2007 and shall come into force on 30th November 2007. Revocation 2 The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Regulations 2005 are revoked. Consequential amendments to the Genetically Modified Animal Feed (Scotland) Regulations 2004 3 In regulation 8 (inspection, detention and seizure of suspect animal feed) of the Genetically Modified Animal Feed (Scotland) Regulations 2004 paragraphs (7A) and (7B) are omitted. Consequential amendment of the Official Feed and Food Controls (Scotland) Regulations 2005 4 In Schedule 2 (definition of relevant feed law) of the Official Feed and Food Controls (Scotland) Regulations 2005 , paragraph (f) is omitted. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st November 2007
SHERIFF COURT Citation and commencement 1 This Order may be cited as the Small Claims (Scotland) Amendment Order 2007 and comes into force on 14th January 2008. Amendment of Small Claims (Scotland) Order 1988 2 1 The Small Claims (Scotland) Order 1988 is amended in accordance with the following paragraphs. 2 In article 2 (proceedings to be small claims)– a for “£750”, in both places where it occurs, substitute “£3000”; and b in paragraph (a)– i insert a comma after “interim aliment”; ii omit “and” where it third occurs; and iii at the end insert “and actions for personal injury”. 3 After article 2, insert– 2A In article 2(a), “actions for personal injury” mean actions to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 applies. . 4 In article 4(3) (limit on award of expenses in small claims), for “not exceeding £75” substitute the following:– – not exceeding £150, where the value of the claim is £1500 or less; or not exceeding 10% of the value of the claim, where the value of the claim is greater than £1500 . No effect on claims prior to commencement 3 Nothing in this Order shall have any effect on any small claim commenced before 14th January 2008. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 1st November 2007
AGRICULTURE Citation, commencement and application 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for payment of less favoured area support 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility for payment of less favoured area support 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of less favoured area support 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligible land 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of a holding 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of less favoured area support 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determination of Payable Area 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stocking density outwith maximum and minimum parameters 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enterprise mix 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate of Payment of less favoured area support 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum payment 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised persons 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistance to authorised persons 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Withholding or recovery of less favoured area support 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate of interest 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cross-border holdings 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time limit for prosecutions 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by bodies corporate 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal against decision as to eligibility of holding 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation and savings provisions 26 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Notwithstanding paragraph (1), in respect of a Scheme 2005 payment or a Scheme 2006 payment, within the meaning of the 2005 Regulations, the 2005 Regulations shall continue to have effect as if those Regulations had not been revoked. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew's House, Edinburgh
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Variation of Age Limit for Sale of Tobacco etc. and Consequential Modifications) Order 2007 and shall come into force on 1st October 2007. Modification of the Children and Young Persons (Scotland) Act 1937 2 Section 18 of the Children and Young Persons (Scotland) Act 1937 (offence of selling tobacco etc. to under age persons and other preventative measures) is modified by substituting “eighteen” for “sixteen” where it occurs in its subsections (1) and (2). Modification of the Children and Young Persons (Protection from Tobacco) Act 1991 3 Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (display of warning statements in retail premises and on vending machines) is modified by substituting for the number “16” where it occurs in its subsections (1) and (2) the number “18”. SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th September 2007
TRIBUNALS AND INQUIRIES Citation, commencement and extent 1 1 This Order may be cited as the Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007 and comes into force on 1st November 2007. 2 This Order extends to Scotland only. Listed tribunals 2 The tribunals specified in the Schedule to this Order are listed tribunals for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th September 2007
FOOD PART 1 Introductory Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 Natural mineral water Recognition as natural mineral water 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exploitation of natural mineral water springs 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treatments and additions for natural mineral water 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bottling of natural mineral water 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking, labelling and advertisement of natural mineral waters 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale of natural mineral water 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Spring water Bottling of spring water and exploitation of spring water springs 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking, labelling and advertisement of spring water 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale of spring water 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Bottled drinking water Bottling of drinking water 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking, labelling and advertising of bottled drinking water 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale of bottled drinking water 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5 Miscellaneous and supplemental Enforcement 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements for samples taken for analysis 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submission of samples to the Government Chemist 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Methods of analysis 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences and penalties 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defences 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of other provisions 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CRIMINAL LAW Citation and extent 1 1 This Order may be cited as the Police and Justice Act 2006 (Commencement) (Scotland) Order 2007. 2 This Order extends to Scotland only. Commencement of provisions 2 The following provisions of the Police and Justice Act 2006 come into force on 1st October 2007: a sections 35 to 38; b section 52 in so far as it relates to the paragraphs in Schedule 14 and the entries in Schedule 15 referred to in paragraphs (c) and (d); c paragraphs 17, 18, 19, 25 and 29 of Schedule 14; d in Schedule 15, the entries relating to: i sections 13 and 17(7) of the Computer Misuse Act 1990 ; and ii paragraph 77 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 18th September 2007
CRIMINAL LAW Citation 1 This Order may be cited as the Custodial Sentences and Weapons (Scotland) Act 2007 (Commencement No. 1) Order 2007. Interpretation 2 In this Order, “the 2007 Act ” means the Custodial Sentences and Weapons (Scotland) Act 2007. Appointed day 3 The appointed day for the coming into force of the provisions of the 2007 Act mentioned in column 1 of the Schedule to this Order is the day specified in column 2 of the Schedule, but where a purpose is specified in relation to a provision in column 1, that provision shall only come into force for the specified purpose. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 10th September 2007
HARBOURS, DOCKS, PIERS AND FERRIES Citation and commencement 1 This Order may be cited as the Shetland Islands Council (Uyea Sound, Unst) Harbour Jurisdiction Order 2007 and shall come into force on 19th September 2007. Interpretation 2 In this Order “the Uyea Sound area” means so much of the tidal waters of Uyea Sound as is bounded seawards by an imaginary straight line drawn in an easterly direction from a point at latitude 60°41.25'N, longitude 00°55.16'W to a point at latitude 60°41.14'N, longitude 00°54.38'W and the reference to co-ordinates are references to WGS 84 (ETRS89) datum. Designation of the Uyea Sound area 3 The Uyea Sound area is designated as an area within which the Council shall exercise jurisdiction as the harbour authority. Uyea Sound Area to be within area of Council 4 The Uyea Sound area shall be deemed for all purposes to be situated within the administrative area of the Council. ALASTAIR WILSON A member of the staff of the Scottish Executive Victoria Quay Edinburgh 18th September 2007
ROAD TRAFFIC Citation and commencement 1 This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Amendment Order 2007 and comes into force on 19th November 2007. Amendment of the 1998 Order 2 The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Order 1998 is amended as follows– a in Schedule 1 (specification of area)– i the word “and” is inserted immediately after paragraph (a); and ii paragraph (c), and the word “and” immediately preceding that paragraph, are omitted; b in paragraph 6(2) of Schedule 2 (modifications of provisions of Part II of the Road Traffic Act 1991), after “Designation Order 1998” insert “as amended by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Amendment Order 2007”; and c in paragraph 6 of Part I of Schedule 3 (modifications of the Road Traffic Regulation Act 1984), after “Designation Order 1998” insert “as amended by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Amendment Order 2007”. Amendment of the 1998 Regulations 3 In regulation 2(3)(a) of the Road Traffic (Parking Adjudicators) (City of Edinburgh) Regulations 1998 (interpretation) , after “Designation Order 1998” insert “as amended by the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Edinburgh) Designation Amendment Order 2007”. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 2nd October 2007