othertales/uklegislation huggingface dataset:
WATER Citation and commencement 1 These Regulations may be cited as the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Amendment Regulations 2005 and shall come into force on 20th December 2005. Amendment to the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 2 1 The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 are amended in accordance with paragraph (2). 2 In regulation 2(1) (interpretation) for the definition of “code of good agricultural practice” substitute– “code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity which are aimed at reducing pollution by nitrates, issued by the Scottish Ministers on 11th March 2005, having been approved by virtue of the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 . ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 23rd November 2005
FIRE SERVICES Citation, commencement and extent 1 1 This Order may be cited as the Firefighters' Pension Scheme Amendment (Scotland) Order 2005. 2 This Order shall come into force on 4th December 2005, but, subject to paragraph (3) the amendments set out in the Schedule to this Order shall have effect from 2nd August 2005. 3 a the following amendments shall have effect from 4th December 2005– i the amendment made by paragraph 9, in so far as it relates to rule A13 (relating to normal pension age); ii the amendments made by paragraph 15(d) (relating to deferred pension); iii the amendment made by paragraph 25 (relating to spouse’s requisite benefit and temporary pension); and iv the amendments made by paragraph 7(a) and (b)(i), paragraph 73(d), in so far as it relates to the insertion of paragraphs (5) and (6) of rule L1, and paragraphs 76, 77 and 89(b) (relating to the prevention of duplication of certain awards); and b the amendment made by paragraph 24 (relating to limiting awards to widows) shall have effect from 1st March 1992. 4 This Order extends to Scotland only. Amendment of the Firefighters' Pension Scheme (Scotland only) 2 The Firefighters' Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 , as it has effect in Scotland, shall be amended in accordance with the Schedule to this Order. GEORGE LYON Authorised to sign by Scottish Ministers St Andrew’s House, Edinburgh 8th November 2005
HOUSING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Antisocial Behaviour Notice (Advice and Assistance) (Scotland) Regulations 2005 and shall come into force on 31st March 2006. 2 In these Regulations “the 2004 Act ” means the Antisocial Behaviour etc. (Scotland) Act 2004. Advice and assistance 2 1 Where a local authority proposes to serve an antisocial behaviour notice under section 68(1) of the 2004 Act it shall provide to the person upon whom it proposes to serve such a notice, the advice and assistance listed in paragraph (2). 2 The following advice and assistance shall be provided where paragraph (1) applies – a general advice in relation to antisocial behaviour notices; b advice and assistance directly relevant to the management of the antisocial behaviour that the local authority has considered for the purposes of section 68(1) of the 2004 Act; and c advice in relation to the consequences of not managing the antisocial behaviour. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 9th November 2005
EDUCATION Citation 1 This Order may be cited as the Education (Additional Support for Learning) (Scotland) Act 2004 (Commencement No. 3) Order 2005. Appointed Day 2 All the provisions of the Education (Additional Support for Learning) (Scotland) Act 2004, so far as not then in force, shall come into force on 14th November 2005 for all purposes excepting sections 20 and 24 and paragraph 3(7)(a) of Schedule 3 which shall not come into force on that date and in the case of paragraph 3(5) of Schedule 2 the power to make regulations shall not come into force on that date. ROBERT E BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th November 2005
WATER SUPPLY Citation and commencement 1 This Order may be cited as the Scottish Water (Loch Bealach na Gaoithe) Water Order 2005 and shall come into force on 11th November 2005. Interpretation 2 In this Order– “ the Act ” means the Water (Scotland) Act 1980; “approved” means approved by the Scottish Ministers; “day” means a period of 24 hours reckoned from midnight; “deposited plan” means the plan, prepared in triplicate, docqueted and signed as relative to this Order and marked “The Scottish Water (Loch Bealach na Gaoithe) Water Order 2005”, one copy of which is deposited in the office of the Scottish Executive, Victoria Quay, Edinburgh, one in the head office of Scottish Water at Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife, and one in the Scottish Water Fort William Area Office at Carrs Corner Industrial Estate, Lochy Bridge, Fort William; “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; “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; and “works” means the works described in Schedule 1 to this Order and shown on the deposited plan. Incorporation and application of provisions of Schedule 4 to the Act 3 The provisions of paragraphs 2 and 10(3) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order shall apply to the undertaking insofar as affected by the provisions of this Order, and the terms used in the provisions of that paragraph, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order. Water rights 4 Subject to the provisions of this Order, Scottish Water may for the purposes of the undertaking and by means of an existing intake situated at Ordnance Survey National Grid Reference 168345 776681, take water from Loch Bealach na Gaoithe in the area of the Highland Council. 5 1 During the construction of the works, Scottish Water may take from Loch Bealach na Gaoithe such water as it may require for such construction. 2 After completion of the works, Scottish Water may, in any day, take from Loch Bealach na Gaoithe a quantity of water not greater than 160 cubic metres, as measured and recorded by an approved gauge (Work No. 3). 6 If the power to take water conferred by this Order has not been exercised by 31st December 2007 the said power shall cease. Revocation 7 The Inverness shire Water Board (Bealach na Gaoithe) Water Order 1969 is revoked with effect from 31st December 2007. ANDREW SCOTT A member of the staff of the Scottish Ministers Victoria Quay, Edinburgh 9th November 2005
HOUSING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Antisocial Behaviour Notice (Appeals against Order as to Rent Payable) (Scotland) Regulations 2005 and shall come into force on 31st March 2006. 2 In these Regulations “the 2004 Act ” means the Antisocial Behaviour etc. (Scotland) Act 2004. Prescribed matters 2 The matters prescribed for the purposes of section 72(3) of the 2004 Act are:– a a statement that a person has appealed against an order made by the sheriff under section 71(1)(a) of the 2004 Act; and b a statement that the tenant will require to pay any sums due but for the order made by the sheriff under section 71(1) of the 2004 Act, from the date of the order to the date of determination of the appeal, if so ordered by the Sheriff Principal. Manner and Timing of Notice 3 1 Any notice required by section 72(3) of the 2004 Act shall be in writing and served– a by delivering or by sending it by post to the tenant at the address of the house to which the notice refers; or b where that tenant has consented to receive such notices by electronic communication, by sending it by electronic communication to that person. 2 The notice shall be served upon the tenant at the same time as the lodging of the appeal or as soon as is reasonably possible after the lodging of the appeal. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 9th November 2005
HOUSING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 and shall come into force on 1st January 2006. 2 In these Regulations “the 2004 Act ” means the Antisocial Behaviour etc. (Scotland) Act 2004. 3 In Schedule 2 to these Regulations, “lead owner” means the person, where applicable, who is designated as such in the application for registration under section 83 of the 2004 Act. Application for registration – prescribed information 2 1 An application for registration under section 83 of the 2004 Act shall contain, in addition to the information listed there, the information prescribed and set out in Schedule 1 to these regulations. 2 Where Schedule 1 prescribes information which is not applicable to a relevant person (as defined in section 83 of the 2004 Act), the relevant person should indicate on the application for registration that the information is not applicable to the relevant person. Registration – how fees are to be arrived at 3 Schedule 2 prescribes the method of establishing the fee to accompany an application for registration under section 83 of the 2004 Act. Notification of changes to information provided for registration – fees 4 1 Subject to paragraph (2), no fee shall be payable by a registered person who is required to give notice of a change in circumstances in terms of section 87 of the 2004 Act. 2 Where the change in circumstances to be notified includes information in terms of section 83(1)(b) of the 2004 Act relating to a house which is not already entered in the register maintained in terms of section 82 of the 2004 Act, the fee shall be calculated in accordance with the first entry in paragraph 4 of Schedule 2. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 9th November 2005
HOUSING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Private Landlord Registration (Advice and Assistance) (Scotland) Regulations 2005 and shall come into force on 31st March 2006. 2 In these Regulations “the 2004 Act ” means the Antisocial Behaviour etc. (Scotland) Act 2004. Advice and Assistance – landlords 2 A local authority shall provide an applicant for registration under section 83 of the 2004 Act with general advice on what constitutes good practice in the letting of houses, if such advice has not already been provided as part of the process leading to the making of the application. 3 If a local authority proposes to– a refuse an application for registration under section 84(2)(b) of the 2004 Act; or b remove a registered person from the register in terms of section 89(1) of the 2004 Act, that local authority shall, if it considers that the applicant or registered person can, or might be able to, take action to avert that proposed refusal or removal, give the applicant or registered person advice on the appropriate action to take. Advice and Assistance – tenants 4 1 Where a local authority makes a decision to– a refuse an application for registration of a landlord under section 84(2)(b) of the 2004 Act; b remove a landlord from the register in terms of section 89(1) of the 2004 Act; c serve a notice that no rent is payable in terms of section 94(1) of the 2004 Act, it shall provide advice and assistance in relation to the relevant action referred to in (a) to (c) to the occupants of each house, as the case may be, that is– i specified in the landlord’s application for registration under section 83 of the 2004 Act; ii immediately before the removal, entered in the landlord’s entry in the register; or iii specified in the notice which has been or is to be served. 2 The advice and assistance to be given in terms of paragraph (1) shall include– a information on the general position of tenants or occupants where a landlord decides to terminate a lease or occupancy arrangement other than under a Scottish secure tenancy or short Scottish secure tenancy; b advice on sources of individual advice and assistance including money advice and benefits advice should the landlord decide to terminate the tenancy or occupancy agreement; c details of the assistance that could be available from a local authority in terms of homelessness legislation and of how to seek such assistance. 3 The advice and assistance to be given in terms of paragraph (1) shall be provided as soon as practicable after the relevant decision specified in paragraph (1) has been taken. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 9th November 2005
HOUSING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Antisocial Behaviour Notice (Landlord Liability) (Scotland) Regulations 2005 and shall come into force on 31st March 2006. 2 In these Regulations “the 2004 Act ” means the Antisocial Behaviour etc. (Scotland) Act 2004. 3 A reference in these Regulations to an antisocial behaviour notice is a reference to the relevant antisocial behaviour notice served on a landlord under section 68(1) of the 2004 Act. Landlord Liability for Expenditure of Local Authority 2 1 A landlord who is subject to an antisocial behaviour notice shall be liable for the expenditure of a local authority prescribed in paragraph (2) in the following circumstances: a the local authority has given the landlord and any person to whom a copy of the antisocial behaviour notice has been given in terms of section 68(4) of the 2004 Act, notice in writing of the intention of that local authority to take such steps as it considers necessary under section 78(2) of the 2004 Act; b that notice contains a statement that the local authority will seek to recover the expenditure from the landlord; and c that notice contains an estimate by the local authority of the expenditure in relation to the steps it considers necessary as referred to in paragraph (1)(a) above which it will seek to recover. 2 The expenditure referred to in paragraph (1) is: a payments made by the local authority to other persons for services which either deal with the antisocial behaviour specified in the antisocial behaviour notice or contribute to dealing with that behaviour; b costs incurred by the local authority which are directly associated with dealing with the antisocial behaviour specified in the antisocial behaviour notice including appropriate costs of staff and relevant overheads. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 9th November 2005
PLANT HEALTH Citation and commencement 1 These Regulations may be cited as the Plant Health Fees (Scotland) Amendment Regulations 2005 and shall come into force on 5th December 2005. Amendment to the Plant Health Fees (Scotland) Regulations 1996 2 For Schedule 2 (fees in respect of licensing services) to the Plant Health Fees (Scotland) Regulations 1996 substitute Schedule 2 as contained in the Schedule to these Regulations. ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 8th November 2005
CRIMINAL LAW Citation 1 This Order may be cited as the Antisocial Behaviour etc. (Scotland) (Commencement and Savings) Amendment Order 2005. Amendment of 2004 Order 2 The Antisocial Behaviour etc. (Scotland) (Commencement and Savings) Order 2004 shall be amended as follows:– a in article 2, for “15th November 2005” substitute “31st March 2006”; and b in the table in article 3, at the end add– Schedule Appointed day 6 9th November 2005 . 3 After Schedule 5, insert the following Schedule– SCHEDULE 6 PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 9TH NOVEMBER 2005 Article 3 Column 1 Column 2 Column 3 Provisions of the Act Subject Matter Purpose Section 68 Antisocial behaviour notices Only for the purpose of enabling orders to be made. Section 72 Appeals against orders under section 71 Only for the purpose of enabling regulations to be made. Section 74 Management Control Order Only for the purpose of commencing Schedule 3 for the purposes of enabling regulations to be made. Section 78 Action by local authority at landlord’s expense Only for the purpose of enabling regulations to be made. Section 80 Advice and assistance Only for the purpose of enabling regulations to be made. Section 83 Application for registration Only for the purpose of enabling regulations and orders to be made. Section 87 Duty to provide information to local authority Only for the purpose of enabling regulations to be made. Section 97 Appeals Only for the purpose of enabling regulations to be made. Section 99 Advice and assistance Only for the purpose of enabling regulations to be made. Schedule 3 Management Control Orders Only for the purpose of enabling regulations to be made. . MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 8th November 2005
PENSIONS Citation, commencement and extent 1 1 These Regulations may be cited as the Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005 and shall come into force on 5th December 2005. 2 These Regulations extend to Scotland only. The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 2 The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 are amended in accordance with Schedule 1. The Local Government Pension Scheme (Scotland) Regulations 1998 3 The Local Government Pension Scheme (Scotland) Regulations 1998 are amended in accordance with Schedule 2. Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998 4 The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998 are amended in accordance with Schedule 3. Right to opt out 5 1 Where– a apart from this regulation, the amendments made by regulation 3 and Schedule 2 would place any relevant beneficiary in a worse position than that in which he or she would otherwise be; and b that relevant beneficiary so elects by notice in writing given to the Scottish Ministers before 5th June 2006, then the Local Government Pension Scheme (Scotland) Regulations 1998 shall have effect in relation to him or her as if those amendments had never been made. 2 For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who– a ceased to hold an employment or office in respect of which he or she was a member or qualified to participate in benefits (whether or not he or she had subsequently recommenced any such employment or office); or b died while in such employment or office, before the date on which these Regulations come into force. GEORGE LYON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th November 2005
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Partial Revocation Order 2005 and shall come into force at 1630 hours on 8th November 2005. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Order 2005 is hereby revoked in so far as it designates the area described as Area 1 in the Schedule to that Order. PAM WHITTLE A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 8th November 2005
PUBLIC HEALTH Citation, commencement and interpretation 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2005 and shall come into force at 1630 hours on 4th November 2005. 2 In this Order– a “scallops” means scallops of the species Pecten maximus ; and b “relevant time” means 0001 hours on 4th November 2005. 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 paralytic 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. SARAH DAVIDSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 4th November 2005
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2005 and shall come into force on 1st December 2005. Amendment of the Common Services Agency (Membership and Procedure) Regulations 1991 2 1 The Common Services Agency (Membership and Procedure) Regulations 1991 are amended as follows. 2 For regulation 2(3) substitute– 3 The other members of the Committee who are prescribed for the purposes of paragraph 3A of Schedule 5 to the Act (members of the Committee, in addition to the chairman, to whom remuneration may be paid) are those members who are not members of staff of a Board or the Scottish Administration. . 3 In regulation 4(1) (disqualification) omit paragraphs (a) and (c). ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 8th November 2005
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Revocation Order 2005 and shall come into force at 1630 hours on 4th November 2005. Revocation 2 The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Order 2005 is hereby revoked. SARAH DAVIDSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 4th November 2005