othertales/uklegislation huggingface dataset:
ENVIRONMENTAL PROTECTION Citation and extent 1 1 This Order may be cited as the Waste and Emissions Trading Act 2003 (Commencement) (Scotland) Order 2005. 2 This Order shall extend to Scotland only. Commencement 2 a Sections 4, 5 and 10(1) of the 2003 Act shall come into force on the day after the day on which this Order is made; and b Sections 9, 10(2) and 18 of the 2003 Act shall come into force on 1st April 2005. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 2nd February 2005
COUNCIL TAX Citation, commencement and interpretation 1 1 These Regulations may be cited as the Council Tax (Discount for Unoccupied Dwellings) (Scotland) Regulations 2005 and shall come into force on 1st April 2005. 2 In these Regulations– “empty dwelling” means a dwelling which is both unoccupied and unfurnished; “major repair work” includes structural repair work; “second home” means a dwelling which is no one’s sole or main residence and is not an empty dwelling; and “Schedule” means the Schedule to these Regulations. Amendment of section 79 of the Local Government Finance Act 1992 2 Paragraph (a) (daily discount from council tax of twice the “appropriate percentage” for chargeable dwellings of which there is no resident) of subsection (2) of section 79 of the Local Government Finance Act 1992 is hereby repealed. Discounts for unoccupied dwellings 3 The amount of council tax payable in respect of a chargeable dwelling and any day shall be subject to a discount equal to 50% of that amount if on that day there is no resident of the dwelling. Modification of the application of these Regulations 4 Local authorities may, subject to regulation 5, modify the application of these Regulations within their areas in relation to– a the following classes of dwelling– i empty dwellings; and ii dwellings that are second homes; and b different parts of their areas. Limitations on local authorities power to modify the application of these Regulations 5 1 The power conferred by regulation 4 shall not permit local authorities to modify the application of these Regulations so as to– a set the amount of the discount as provided for in regulation 3, for their respective areas, at an amount outwith the maximum and minimum amounts specified in paragraph (2); b modify the discount provided for in regulation 3 for the classes of dwelling specified in paragraph (3); c make provision, applying to the whole local authority area, for discounts at different amounts in respect of dwellings that fall within one of the classes referred to in regulation 4(a); d modify regulation 4 or this regulation; or e modify the classes of dwellings specified in the Schedule. 2 For the purposes of paragraph (1)(a)– a the specified maximum amount is 50%; and b the specified minimum amount is 10%. 3 For the purposes of paragraph (1)(b), the classes of dwelling are– a dwellings which fall within one of the classes specified in paragraphs 1 and 2 of the Schedule; b dwellings which fall within the class specified in paragraph 3 of the Schedule but only for the period of 6 months beginning with the day on which that dwelling was purchased by the person who is liable to pay council tax in respect of that dwelling; c dwellings which fall within the class of dwellings specified in paragraph 4 of the Schedule but only for the period of 6 months beginning with the day on which that dwelling ceased to be an exempt dwelling in terms of the Council Tax (Exempt Dwellings) (Scotland) Order 1997 . TAVISH SCOTT Authorised to sign on behalf of the Scottish Ministers St Andrew’s House, Edinburgh 28th January 2005
ANTISOCIAL BEHAVIOUR Citation and commencement 1 This Order may be cited as the Antisocial Behaviour (Amount of Fixed Penalty) (Scotland) Order 2005 and shall come into force on 1st April 2005. Amount of fixed penalty 2 The penalty payable in respect of a fixed penalty offence within the meaning of section 128(1) of the Antisocial Behaviour (Scotland) Act 2004 is £40. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st March 2005
FAMILY LAW Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Domicile and Matrimonial Proceedings Act 1973 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Child Abduction and Custody Act 1985 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Family Law Act 1986 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Children (Scotland) Act 1995 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation and repeal 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CRIMINAL LAW Citation and commencement 1 1 This Order may be cited as the Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005. 2 Subject to paragraph (3) below, this Order shall come into force on 31st January 2005. 3 Article 4(3) shall come into force on the day appointed for the coming into force of section 1 of the 2004 Act , so far as that section inserts sections 271A and 271C into the 1995 Act , but where section 1 of the 2004 Act comes into force for a particular purpose, article 4(3) shall come into force only for that purpose. Interpretation 2 In this Order– “the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 . Amendments to the Criminal Procedure (Amendment) (Scotland) Act 2004 3 1 The Criminal Procedure (Amendment) (Scotland) Act 2004 is amended in accordance with the following paragraphs of this article. 2 In section 9, in section 81(4) of the 1995 Act as substituted, after “appointed” where it first occurs, insert “or the accused has been cited to a trial diet in the sheriff court”. 3 In section 10(3), in inserted section 92(2F) of the 1995 Act, for paragraph (b) substitute– b in respect of which section 288E of this Act applies; or c in which an order has been made under section 288F(2) of this Act. . 4 In section 18(2), in inserted section 25(2A)(a) of the 1995 Act, after “Crown Agent” insert– and for that purpose the application shall be taken to be intimated to the Crown Agent if intimation of it is sent to the procurator fiscal for the sheriff court district in which bail was granted . 5 In paragraph 50(b) of the schedule, in inserted section 281A(3) of the 1995 Act for “the relevant time” substitute “the required time”. Amendments to the Criminal Procedure (Scotland) Act 1995 4 1 The 1995 Act is amended in accordance with the following paragraphs of this article. 2 Section 24A (bail: extradition proceedings) is renumbered as section 24F. 3 In section 71, after subsection (2) insert– 2XA At a first diet the court shall also dispose of any child witness notice under section 271A(2) or vulnerable witness application under section 271C(2) appointed to be disposed of at that diet. . CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 24th January 2005
RIVER Citation, commencement and cessation 1 1 These Regulations may be cited as the Conservation of Salmon (River Annan Salmon Fishery District) Regulations 2005 and shall come into force on 25th February 2005. 2 These Regulations shall cease to have effect at midnight on 24th February 2010. Prohibition against retention of salmon 2 1 No person shall retain any salmon caught by rod and line. 2 This regulation applies to the River Annan salmon fishery district between 25th February and 31st May, both dates inclusive, in each year. 3 In this regulation– “retain” means not to return a fish at once to the river or other water from which it came with the least possible injury; and “rod and line” means single rod and line with such bait or lure as is lawful on 25th February 2005. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 25th January 2005
POLICE Citation and commencement 1 This Order may be cited as the Electronic Fingerprinting etc. Device Approval (Scotland) Order 2005 and shall come into force on 14th February 2005. Device Approved 2 For the purpose of creating such records as are mentioned in paragraph (d) of section 18(7A) of the Criminal Procedure (Scotland) Act 1995 (record of a person’s skin on an external part of the body), the device known as the Smiths Heimann Biometric Device LS1 LITE U CE is hereby approved. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 24th January 2005
ROAD TRAFFIC Citation, commencement and interpretation 1 1 These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (South Lanarkshire Council Parking Area) (No. 2) Regulations 2005 and shall come into force on 7th February 2005. 2 In these Regulations– “the 1984 Act ” means the Road Traffic Regulation Act 1984; “the 1991 Act ” means the Road Traffic Act 1991 ; and “South Lanarkshire parking area” means the area designated as a permitted parking area and a special parking area by article 3 of the Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005 . Prescribed functions 2 1 All functions conferred on parking attendants by or under the enactments mentioned in paragraph (2) are prescribed for the purposes of section 63A(4) of the 1984 Act (wearing of uniforms by parking attendants when exercising prescribed functions) in its application to the South Lanarkshire parking area. 2 The enactments referred to in paragraph (1) are– a section 99 of the 1984 Act (removal of vehicles); b section 66(1) of the 1991 Act (issue of a penalty charge notice); and c section 69 of the 1991 Act (immobilisation of vehicles). Revocations 3 The Parking Attendants (Wearing of Uniforms) (South Lanarkshire Council Parking Area) Regulations 2005 are hereby revoked. NICOL STEPHEN A member of the Scottish Executive St Andrew’s House, Edinburgh 24th January 2005
PUBLIC HEALTH Citation, commencement and interpretation 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2005 and shall come into force at 1530 hours on 21st January 2005. 2 In this Order– a “scallops” means scallops of the species Pecten maximus ; and b “relevant time” means 0001 hours on 21st January 2005. Designated circumstances 2 In the opinion of the Scottish Ministers, scallops in the areas designated in article 3 below may be affected by the toxin which causes amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed. Designated areas 3 The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated areas 4 No person shall fish for or take any scallops in the designated areas. Prohibited movement of scallops 5 No person shall move any scallops out of the designated areas. Restrictions 6 No person shall– a use any scallops taken out of the designated areas 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 areas after the relevant time; c supply, or have in possession for supply, any scallops which were in the designated areas 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. PAM WHITTLE A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 21st January 2005
RIVER Citation, commencement and cessation 1 1 These Regulations may be cited as the Conservation of Salmon (Esk Salmon Fishery District) Regulations 2005 and shall come into force on 16th February 2005. 2 These Regulations shall cease to have effect at midnight on 15th February 2010. Restriction on fishing 2 1 No person shall fish with a hook other than a single or double hook without barbs. 2 This regulation applies to the Esk salmon fishery district between 16th February and 31st May, both dates inclusive, in each year. Prohibition against retention of salmon 3 1 No person shall retain any salmon caught by rod and line. 2 This regulation applies to the Esk salmon fishery district between 16th February and 31st May, both dates inclusive, in each year. 3 In this regulation– “retain” means not to return a fish at once to the river or other water from which it came with the least possible injury; “rod and line” means single rod and line with such bait or lure as is lawful. Restriction on use of net and coble in the River North Esk 4 1 No person shall fish for or take salmon by net and coble in the River North Esk except in the Kinnaber fishery. 2 No more than one net and coble may be used to fish for or take salmon in the Kinnaber fishery on any day. 3 This regulation applies between 1st and 31st May, both dates inclusive, in each year. 4 For the purposes of this regulation fishing for or taking salmon by net and coble has the same meaning as in section 2 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 and references to “net and coble” shall be construed accordingly. 5 In this regulation– “the Kinnaber fishery” means that part of the River North Esk downstream of a straight line connecting a point at Ordnance Survey Grid Reference NO 728622 and a point at Ordnance Survey Grid Reference NO 728624. Restriction on use of traps 5 1 The maximum number of fish traps which may be placed or used at any one time within the fisheries specified in column 1 of the Schedule to these Regulations shall be the number specified in column 2 of that Schedule opposite the fishery concerned. 2 This regulation applies between 1st and 31st May, both dates inclusive, in each year. 3 For the purposes of this regulation a double bag net shall be counted as two fish traps. 4 In this regulation– “double bag net” means a fish trap consisting of two or more fish courts; “fish trap” means a trap used for the taking of salmon. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th January 2005
EDUCATION Citation 1 This Order may be cited as the Higher Education Act 2004 (Commencement No. 1) (Scotland) Order 2005. Extent 2 This Order extends to Scotland only. Commencement of provisions 3 Section 10(3) of the Higher Education Act 2004 shall come into force on 31st January 2005. JAMES WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 18th January 2005
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (Caution and Security) 2005, and shall come into force on 1st February 2005. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of the Ordinary Cause Rules 2 1 The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 are amended in accordance with sub paragraphs (2) and (3). 2 In rule 27.5 (cautioners and guarantors) for the words from “obtained” to the end substitute “shall be given only by a person who is an ‘authorised person’ within the meaning of section 31 of the Financial Services and Markets Act 2000 ”. 3 In rule 27.6(2) (form of bonds of caution and other securities) for the words from “by” to the end substitute “by a person shall state whether that person is an ‘authorised person’ within the meaning of section 31 of the Financial Services and Markets Act 2000”. Cullen of Whitekirk Lord President I.P.D. Edinburgh 18th January 2005
CRIMINAL LAW Citation and commencement 1 These Regulations may be cited as the Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005 and shall come into force on 10th February 2005. Provision for Persons subject to Community Reparation Orders 2 The following persons and classes of person are prescribed for the purposes of section 27(5A) of the Social Work (Scotland) Act 1968:– a the Chief Constable for the area of the local authority making, revising or modifying the community justice scheme; b such organisations representative of communities in the local authority’s area as the local authority thinks appropriate; c such organisations representative of victims of crime as the local authority thinks appropriate; d such organisations representative of commercial and retail businesses operating in the local authority’s area as the local authority thinks appropriate; e any Community Safety Partnership led by the local authority; f leaders of such groups representing ethnic minorities within the local authority’s area as the local authority thinks appropriate; and g as regards offenders under the age of 16 years, such individuals and organisations representing the interests of young people as the local authority thinks appropriate. Prescribed activities 3 The following activities are prescribed for the purposes of section 245K(5) of the Criminal Procedure (Scotland) Act 1995– a unpaid work that, in the view of the supervising officer appointed by the local authority, the offender is capable of undertaking that will enable reparation to be made in accordance with section 245K(5)(a) of that Act; b programmes designed to increase the awareness of offenders of the effect that anti social behaviour has on the victims of such behaviour and on the local community more generally; c programmes designed to reduce future offending and instances of anti social behaviour; d programmes designed to encourage personal and social responsibility on the part of offenders and the development of appropriate life skills. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 18th January 2005
LAND REFORM Citation 1 This Order may be cited as the Land Reform (Scotland) Act 2003 (Commencement No. 3) Order 2005. Appointed day 2 The appointed day for the coming into force of the following provisions of the Land Reform (Scotland) Act 2003 is 9th February 2005:– a Part 1 (access rights) so far as not already in force; and b section 99 (amendments, repeals and savings) and schedule 2, so far as not already in force. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th January 2005
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2004 Revocation Order 2005 and shall come into force at 1600 hours on 17th January 2005. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2004 is hereby revoked. IAN GORDON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 17th January 2005
OPEN SPACES Citation and commencement 1 These Regulations may be cited as the Holyrood Park Amendment Regulations 2005 and shall come into force on 14th January 2005. Amendment of the Holyrood Park Regulations 1971 2 The Holyrood Park Regulations 1971 are amended in accordance with the following regulations. 3 In regulation 2(1) (interpretation)– a after the definition of “heavy commercial vehicle” insert– “holiday” means Christmas Day, Boxing Day, New Years Day, Good Friday and Easter Monday; “motor cycle” means a mechanically propelled vehicle with fewer than four wheels of which the weight unladen does not exceed 410 kilogrammes; ; b after the definition of “Park-keeper” insert– “parking permit” means a permit issued by the Scottish Ministers for the parking of the vehicle in question; “parking ticket” means a ticket, obtained for the parking of the vehicle in question in the Park which shows the charge paid and the period in respect of which the charge has been paid; ; and c after the definition of “notice or sign” insert– “valid parking ticket” means a parking ticket, showing as the period in respect of which the charge has been paid a period comprising the entire period during which the vehicle remains parked. . 4 After regulation 4(20) (acts for which written permission is required) insert– 21 leaving a vehicle in the Broad Pavement car park to the south of the Palace of Holyroodhouse at any time between 0830 hours and 1730 hours on any day except a Saturday, Sunday or holiday unless a valid parking ticket is displayed in the vehicle in such a way that it is clearly visible to a person outside the vehicle, except that a parking ticket shall not be required in respect of– a vehicle in which a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is displayed in accordance with regulations made under that section; a motor cycle; any vehicle in which a parking permit is displayed in such a way that it is clearly visible to a person outside the vehicle and which is allowed to remain parked in accordance with the terms of that parking permit. 22 leaving a vehicle in Broad Pavement car park during the periods referred to in paragraph (21) for a period longer than four continuous hours. . 5 After regulation 4 insert– Parking Charges and Excess Charge and Penalty 4A The charge for a parking ticket shall be £1 for each hour or part thereof. 4B 1 An excess charge of £30 shall be payable, in accordance with paragraphs (2), in respect of any vehicle which remains parked in contravention of paragraphs (21) or (22) of regulation 4. 2 The excess charge shall be paid to the Scottish Ministers, or to a person authorised by them to receive such charge on their behalf, by the person who parked the vehicle in the Park within 14 days of a written demand for the same. 3 Payment of the excess charge in accordance with paragraph (2) shall preclude proceedings being commenced for contravention of paragraphs (21) or (22) of regulation 4. PATRICIA FERGUSON A member of the Scottish Executive St Andrew’s House, Edinburgh 12th January 2005
RATING AND VALUATION Citation and commencement 1 This Order may be cited as the Non-Domestic Rate (Scotland) Order 2005 and shall come into force on 1st April 2005. Non-domestic rate for 2005-2006 2 For the purposes of section 7B of the Local Government (Scotland) Act 1975, the Scottish Ministers hereby prescribe a rate of 46.1 pence per pound as the non-domestic rate to be levied throughout Scotland in respect of financial year 2005-2006. TOM McCABE A member of the Scottish Executive St Andrew’s House, Edinburgh 11th January 2005