othertales/uklegislation huggingface dataset:
TOWN AND COUNTRY PLANNING Citation and commencement 1 This Order may be cited as the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Amendment Order 2007 and shall come into force on 1st April 2007. Amendment of the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 2 1 The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 is amended as follows. 2 In article 7 (the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987– a in paragraph (3), in inserted paragraph (3), for the words “regulation 5(2)”, substitute “paragraph (2)”; b in paragraph (4), in inserted paragraph (4A)(a), omit “under regulation 3 or 4”; and c for paragraph (5), substitute– 5 For regulation 7 (documents to accompany applications for listed building consent and conservation area consent in respect of Crown land and notification of disposal to planning authority) substitute– Documents to accompany applications for listed building and conservation area consent in respect of Crown land 7 1 Where an application is made in respect of Crown land, regulation 6 shall have effect subject to the following modifications. 2 In paragraph (1), for “either by one or both of the documents described in regulation 7 or” substitute “by the documents described in paragraph (1A) and”; and 3 After paragraph (1), insert– 1A An application for listed building or conservation area consent in respect of Crown land shall be accompanied by– a a statement that the application is made in respect of Crown land; and b where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation. . 3 In article 12 (The Town and Country Planning (General Development Procedure) (Scotland) Order 1992)– a in paragraph (3), in the first line of inserted article (13A), after “application”, insert “for planning permission”; b in paragraph (4), in the first line of inserted article (28A), after “application”, insert “for a certificate of lawful use or development”. DES McNULTY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th March 2007
ENVIRONMENTAL PROTECTION Citation and commencement 1 These Regulations may be cited as the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007. Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 2 In the Water Environment (Controlled Activities) (Scotland) Regulations 2005 , for Schedule 3 (General Binding Rules) substitute the Schedule 3 contained in the Schedule to these Regulations. SARAH H BOYACK Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th March 2007
ANIMALS Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments to the Horse Passports (Scotland) Regulations 2005 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COUNCIL TAX Citation and commencement 1 This Order may be cited as the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2007 and shall come into force on 1st April 2007. Amendment of the Council Tax (Exempt Dwellings) (Scotland) Order 1997 2 1 The Council Tax (Exempt Dwellings) (Scotland) Order 1997 is amended in accordance with this regulation. 2 In Schedule 1 (exempt dwellings), for paragraph 25 substitute– Prescribed housing support services accommodation 25 1 A dwelling that meets all of the requirements in sub paragraph (2). 2 Those requirements are that the dwelling is– a the residence of one or more persons who are resident by virtue of a licence to occupy, or a tenancy of, or a sub-tenancy of the dwelling; b a dwelling in respect of which a registered prescribed housing support service is being provided to at least one licensee, tenant or sub-tenant of the dwelling; and c a dwelling in respect of which every licensee, tenant, and sub-tenant (as the case may be) has the right to share the use of a kitchen, bathroom, shower-room or toilet-room, and where such use is shared with at least one other person who is not resident in the dwelling. 3 A dwelling that meets the requirements of sub-paragraph (2) is not exempt where every licensee, tenant and sub-tenant (as the case may be) of that dwelling also has the exclusive right to use– a a kitchen; and b either a bathroom or shower-room, and where either the bathroom or shower-room contains a toilet, or there is a separate toilet-room which every such licensee, tenant or sub-tenant also has a right to use. 4 For the purposes of sub-paragraphs (2) and (3)– “prescribed housing support service” has the same meaning as in section 91(8) of the Housing (Scotland) Act 2001 (grants for housing support services) ; and “registered” means that the Scottish Commission for the Regulation of Care has granted an application for registration of a prescribed housing support service under section 9 of the Regulation of Care (Scotland) Act 2001 (grant or refusal of registration under Part I) . . Revocation 3 Article 2 of the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2006 is revoked. TOM McCABE A member of the Scottish Executive St Andrew’s House, Edinburgh 6th March 2007
NATIONAL HEALTH SERVICE Citation and interpretation 1 1 This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 5) Order 2007. 2 In this Order– “ the Act ” means the Smoking, Health and Social Care (Scotland) Act 2005. Appointed days 2 The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule to this Order, in so far as those provisions are not already in force, is 1st April 2007, but only for the purpose specified in column 3 of that Schedule. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th March 2007
INSOLVENCY Citation and commencement 1 These Regulations may be cited as the Bankruptcy Fees (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007. Interpretation 2 In these Regulations– “non profit making body” means a body which is not organised for the primary purpose of making a profit; and “the principal Regulations ” means the Bankruptcy Fees (Scotland) Regulations 1993 . Amendment of the principal Regulations 3 Part II of the Schedule to the principal Regulations shall be amended– a by substituting for function 14 in column 1 and fee payable in column 2– 14 For searches in the register of insolvencies– a where the search is carried out by staff of the Accountant in Bankruptcy – for each search in respect of a debtor £16.00 b where searches are carried out by remote direct access by computer – for each day from 0000 hours to 2359 hours £16.00 c where searches are carried out by remote direct access by computer – for each year or part thereof £4,000.00 d where searches are carried out by remote direct access by computer by non profit making bodies established in the UK including the Scottish Executive, UK Government Departments, Police and Credit Unions, on proof to the satisfaction of the Accountant in Bankruptcy of non profit making status £ nil e where searches are carried out by remote direct access by computer by persons acting as agents of the Accountant in Bankruptcy £ nil ; and b by substituting for function 20 in column 1– 20 For lodging any unclaimed dividend in an appropriate bank or institution set aside for payment to a creditor or creditors, in respect of each creditor on consignation . 4 After regulation 8, insert– Manner of Payment 9 The fees in Part II of the Schedule to these Regulations, in respect of functions 10 (granting of a certificate of discharge), 11 (providing a certified copy of an entry in the register of insolvencies), 12 (for the certifying of any other document), 13(a)(i) (providing a copy of any document by photocopying), and 14(a), (b) and (c) (searches in the register of insolvencies), shall be payable to the Accountant in Bankruptcy in advance of the provision of the service. . JOHANN M LAMONT Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th March 2007
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007. Amendment of the Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2 1 The Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006 are amended as follows. 2 In regulation 7(7), (extension of time for appealing) after “Scottish Ministers” insert “as soon as practicable after the decision is made”. 3 In regulation 7(8) (extension of time for appealing) after “applicant” insert “as soon as practicable after the decision is made”. 4 In regulation 8(2)(b) (general provisions relating to the procedure for appeals)– a after “36(1)” delete “and” and insert “, (2)(a),”; and b after “(5)” insert “, and 8”. ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 7th March 2007 I consent PATRICIA HEWITT Secretary of State for Health 5th March 2007
COUNCIL TAX Citation and commencement 1 This Order may be cited as the Council Tax (Discounts) (Scotland) Amendment Order 2007 and shall come into force on 1st April 2007. Amendment of Order 2 Article 5(1)(c)(ii) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 is amended by substituting “£195” for “£163”. TOM McCABE A member of the Scottish Executive St Andrew’s House, Edinburgh 6th March 2007
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2007 and shall come into force on 1st May 2007. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Increase in fees of shorthand writers 2 1 The Table of Fees set out in the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992 shall be amended in accordance with the following sub paragraph. 2 In Schedule 2 (shorthand writers' fees)– a in paragraph 1 (attendance), for the amounts of £33.81 and £135.17 there shall be substituted the amounts of £35.03 and £140.04 respectively; b in paragraph 4 (transcripts), for the amounts of £5.53 and £6.78 there shall be substituted the amounts of £5.73 and £7.02 respectively; and c in paragraph 5 (copies), for the amount of £0.44 there shall be substituted the amount of £0.46. Saving 3 Paragraph 2 of this Act of Sederunt shall not affect fees chargeable for work done, or outlays incurred, before 1st May 2007. A C HAMILTON Lord President, I.P.D. Edinburgh 2nd March 2007
RATING AND VALUATION Citation and commencement 1 These Regulations may be cited as the Valuation Appeal Panels and Committees (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007. Amendment of Regulations 2 1 Regulation 4 of the Valuation Appeal Panels and Committees (Scotland) Regulations 1996 is amended in accordance with this regulation. 2 In paragraph (3), omit “, subject to paragraph (4) below,”. 3 Omit paragraph (4). TOM McCABE A member of the Scottish Executive St Andrew’s House, Edinburgh 6th March 2007
NATIONAL HEALTH SERVICE Citation, commencement and extent 1 1 This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Supplementary Provisions (Recovery of NHS Charges) (Scotland) Order 2007 and shall come into force on 1st April 2007. 2 This Order extends to Scotland only. Amendment of regulation 36 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 2 In regulation 36(2)(a) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 , at the end insert– iii the appeal is made under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003; or . ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 7th March 2007 I consent PATRICIA HEWITT Secretary of State for Health 5th March 2007
FIRE SERVICES Citation, commencement and effect 1 1 This Order may be cited as the Firefighters' Pension Scheme Amendment (Scotland) Order 2007. 2 This Order shall come into force on 1st April 2007, but the amendments made by article 2 and the Schedule shall have effect from 6th April 2006. Amendment of the Firefighters' Pension Scheme Order 1992 2 Schedule 2 to the Firefighters' 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 the Scottish Ministers St Andrew’s House, Edinburgh 7th March 2007
FIRE SERVICES Citation, commencement and interpretation 1 1 This Order may be cited as the Firefighters' Compensation Scheme (Scotland) Amendment Order 2007 and shall come into force on 1st April 2007, but the amendments made by article 2 and the Schedule shall have effect from 6th April 2006. 2 In this Order “the Compensation Scheme” means the Scheme set out in Schedule 1 to the Firefighters' Compensation Scheme (Scotland) Order 2006 . Amendment of the Firefighters' Compensation Scheme (Scotland) Order 2006 2 Schedule 1 to the Firefighters' Compensation Scheme (Scotland) Order 2006 is amended in accordance with the Schedule to this Order. General transitional provision 3 1 Where a person to whom a protected benefit was being paid or might become payable under the Compensation Scheme is placed in a worse position than that person would have been in if the Scheme had continued to have effect without the amendments made by article 2, that person may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the provisions of the Compensation Scheme, in the form in which they existed immediately before the coming into force of this Order, shall continue to have effect in relation to the benefit. 2 Notice under paragraph (1) must be given not later than 1st July 2007 3 For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before the coming into force of this Order, ceased to be employed by a fire and rescue authority or died. Transitional provision: decisions and determinations made before date of coming into force of this Order 4 1 The amendments made by article 2 shall not have effect in relation to a person in respect of whom a determination or decision relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule 7 of Part 1 of the Compensation Scheme) has been made before the coming into force of this Order. 2 In a case to which paragraph (1) applies, the provisions of the Compensation Scheme, in the form in which they existed immediately before the coming into force of this Order, shall continue to have effect in relation to such a person. GEORGE LYON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th March 2007
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) (Animal Health and Welfare etc.) 2007 and shall come into force on 26th March 2007. 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 sub paragraphs (3) to (4). 2 Rule 22.15 of the Act of Adjournal (Criminal Procedure Rules) 1996 shall apply in solemn proceedings which commenced after 1st April 2006 and in which there is a vulnerable witness within the meaning of section 271(1)(b) of the Criminal Procedure (Scotland) Act 1995, with proceedings being taken to have commenced when a report of the case has been received by the procurator fiscal. 3 After Chapter 50 (football banning orders) there shall be inserted the following:– CHAPTER 51 ANIMAL HEALTH AND WELFARE Interpretation 51.1 In this Chapter– “the 1981 Act ” means the Animal Health Act 1981 ; “the 2006 Act ” means the Animal Health and Welfare (Scotland) Act 2006 ; “deprivation order” means an order made under section 28E of the 1981 Act, section 39 of the 2006 Act, or section 47 of the Animal Welfare Act 2006 ; “disqualification order” means an order made under section 28F of the 1981 Act or section 40 of the 2006 Act. Deprivation orders 51.2 A deprivation order shall be in Form 51.2. Representations 51.3 1 Where the court is considering making a deprivation order and it is practicable to do so– a the court shall appoint a diet for parties to be heard; and b the clerk of court shall intimate the diet to the owner of any animal to which the order would apply. 2 A person who has received intimation under paragraph (1)(b) and wishes to make representations to the court under section 28E(9) of the 1981 Act, section 39(9) of the 2006 Act or section 47(9) of the Animal Welfare Act 2006 shall do so– a in writing to the clerk of court, unless the court otherwise directs; and b by such date as the court directs. Forms of appeal by person with interest in animal 51.4 An application under section 28E(11) of the 1981 Act, section 43(2) of the 2006 Act or section 49(2) of the Animal Welfare Act 2006 (appeal) shall be in Form 51.4. Disqualification orders 51.5 A disqualification order shall be in Form 51.5. Termination or variation of disqualification orders 51.6 An application for the termination or variation of a disqualification order shall be made by petition in Form 51.6. 4 In the appendix, after Form 50.3 (form of football banning order) there shall be inserted the forms set out in the Schedule to this Act of Adjournal. A C HAMILTON Lord Justice General, I.P.D. Edinburgh 9th March 2007
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007. Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 2 1 The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 are amended as follows. 2 In regulation 2 (interpretation) – a omit the definition of “the 2001 Regulations” and after the definition of “the 2003 Order” insert– “the 2007 Regulations ” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2007 ; ; b omit the definitions of– i “first condition for disqualification”; ii “second condition for disqualification”; and iii “third condition for disqualification”; c after the definition of “conditional disqualification” insert– “condition for disqualification” means– the first condition for disqualification set out in section 29(6) of the Act ; the second condition for disqualification set out in section 29(7) of the Act; or the third condition for disqualification set out in section 29(7A) of the Act ; ; and d after the definition of “pharmacist” insert– “the Postgraduate Medical Education and Training Board” means the body corporate established by article 3(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 ; “post-registration programme” means a programme of post-registration supervised clinical practice; . 3 In regulation 3 (primary medical services performers)– a in paragraph (1), for “(2) and (3)”, substitute “(2) to (3)”; and b after paragraph (2) insert– 2A A medical practitioner who falls within paragraph (2B) may perform primary medical services in the area of a Health Board, despite not being included in the primary medical services performers list of that Health Board, but only in so far as the performance of those services constitutes part of a post registration programme approved by the Postgraduate Medical Education and Training Board. 2B A medical practitioner falls within this paragraph if the medical practitioner– a is not a GP Registrar; b is undertaking a post registration programme; c has notified the Health Board that he or she will be undertaking part or all of a post registration programme in its area at least 24 hours before commencing any part of that programme; and d has, with that notification, provided the Health Board with evidence sufficient for it to satisfy itself that the medical practitioner is undergoing a post registration programme. . 4 In regulation 7(4) (decisions and grounds for refusal and deferral) before “Act” insert “the”. 5 In paragraph 3(f) of Schedule 1 (information, declarations, and undertakings to be included in an application for inclusion in a primary medical services performers' list)– a omit “on a prescription form”; and b for “2001”, at both places where it occurs, substitute “2007”. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th March 2007
FIRE SERVICES Citation, commencement, effect and extent 1 1 This Order may be cited as the Firefighters' Pension Scheme (Scotland) Order 2007 and shall come into force on 1st April 2007, but shall have effect from 6th April 2006. 2 This Order extends to Scotland only. New pension scheme for firefighters in Scotland 2 The New Firefighters' Pension Scheme (Scotland), set out in Schedule 1 to this Order, which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by Scottish fire authorities as firefighters (including persons who die while so employed), shall have effect. 1992 Scheme ceasing to have effect in Scotland, with transitional and savings provision 3 1 Subject to paragraphs (2) and (3), the Firefighters' Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 (“the 1992 Scheme”) shall not have effect in relation to a person who takes up employment with a Scottish fire authority on or after 6th April 2006. 2 Paragraph (1) shall not apply to a person who– a transfers to the employment of a Scottish fire authority from employment with a fire and rescue authority in England or Wales or with the Northern Ireland Fire and Rescue Service Board; and b immediately before 6th April 2006, was a member of the firefighters' pension scheme established by the authority from whose employment the person transfers. 3 Where at any time in the period beginning on 6th April 2006 and ending on the date on which this Order comes into force, a person becomes a member of the 1992 Scheme on taking up employment with a Scottish fire authority– a on the date on which this Order comes into force– i the 1992 Scheme shall cease to have effect in relation to the person, subject to the provisions set out in Schedule 2 to this Order (transitional arrangements); and ii the provisions of the New Firefighters' Pension Scheme (Scotland) shall have effect in relation to the person; and b pensionable service that was reckonable service for the purposes of the 1992 Scheme shall be treated as pensionable service reckonable under the New Firefighters' Pension Scheme (Scotland). 4 The 1992 Scheme shall continue to have effect in relation to a person who, immediately before 6th April 2006, was a member of it or was entitled to, or in receipt of, an award under it. GEORGE LYON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th March 2007