othertales/uklegislation huggingface dataset:
ADULTS WITH INCAPACITY Citation, commencement and extent 1 1 This Order may be cited as the Adults with Incapacity (Electronic Communications) (Scotland) Order 2008 and comes into force on the day after the day on which it is made. 2 It extends to Scotland only. Electronic registration of powers of attorney 2 After section 19 (registration of continuing or welfare power of attorney) of the Adults with Incapacity (Scotland) Act 2000 , insert– Electronic copies 19A 1 The Public Guardian may, for the purposes of section 19– a accept a copy of a document conferring a power of attorney sent electronically, instead of the original, to the Public Guardian’s email address, and b register the copy document accordingly. 2 The Public Guardian may refuse to accept a copy document unless it is– a sent by such person or type of person, and b received in such format, as the Public Guardian may from time to time direct. This subsection does not limit the Public Guardian’s general discretion to accept a copy document in pursuance of subsection (1). 3 References in this Part to documents registered (or sent for registration) under section 19 include references to copy documents registered (or sent) in pursuance of subsection (1). . FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th October 2008 I consent ANN MCKECHIN Parliamentary Under Secretary of State 20th October 2008
SPORTS GROUNDS AND SPORTING EVENTS Citation and commencement 1 This Order may be cited as the Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2008 and comes into force on 12th December 2008. Amendment of designation of sports grounds 2 In Part I of Schedule 1 (sports grounds) to the Sports Grounds and Sporting Events (Designation) (Scotland) Order 2004 – a after the entry for Forthbank Stadium, insert– Galabank Annan ; and b omit the entry for Raydale Park, Gretna. S MAXWELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th November 2008
BUILDING AND BUILDINGS Citation and commencement 1 These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2008 and come into force on 31st December 2008. Amendment of Regulations 2 1 The Energy Performance of Buildings (Scotland) Regulations 2008 are amended in accordance with paragraph (2). 2 In regulation 17 (penalty charge notices)– a after paragraph (2) insert– 2A In addition to the limitations imposed by paragraph (2), a penalty charge notice may not be given in respect of a breach of any duty under regulation 5 occurring on or before 31st March 2009 where– a the owner has made a request for an energy performance certificate within a period of 7 days after the relevant time; and b the owner has made the energy performance certificate available to a prospective buyer or prospective tenant within a period of 9 days after obtaining the certificate. ; and b after paragraph (8) insert– 9 In paragraph (2A)(a)– a the reference to a request has the same meaning as in regulation 18(2); and b “the relevant time” has the same meaning as in regulation 18(3). . STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 25th November 2008
ENVIRONMENTAL PROTECTION Citation, commencement and interpretation 1 1 These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2008 and come into force on 1st January 2009. 2 In these Regulations “the principal Regulations ” means the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 . Amendment of regulation 9 2 1 Regulation 9 of the principal Regulations is amended as follows. 2 In the heading of regulation 9 and in that regulation, the words “livestock manure (other than slurry)” are substituted for the words “solid manure”. Amendment of Schedule 3 3 1 Schedule 3 to the principal Regulations is amended as follows. 2 In table 1, previous crop: N residue group 3, the words “Thin permanent grass, low N, no clover” are inserted immediately below the words “1–2 year high N leys 2 , not grazed within 2 months of ploughing out or during September or October”. 3 In table 1, previous crop: N residue group 3, an opening bracket is inserted immediately before the words “ 2 high N means average N use in last 2 years was more than 150 kg /ha/year, or high clover)”. 4 In table 1, previous crop: N residue group 4, the words “Thick permanent grass, low N” are inserted immediately below the words “3–5 year low N leys, not grazed within 2 months of ploughing out or during September or October”. 5 In table 1, previous crop: N residue group 6, the word “not” is omitted immediately after the words “3–5 year high N leys,”. 6 In table 4, part C– a in the 3rd row of “Cattle slurry – Surface applied” which relates to 10% dry matter, in the 10th column “25” is substituted for “20”. b in the 1st row of “Cattle slurry – ploughed in” which relates to 2% dry matter, in the 8th column “30” is substituted for “25”. c in the 2nd row of “Cattle slurry – ploughed in” which relates to 6% dry matter, in the 8th column “25” is substituted for “20”. d in the row “Separated – Weeping wall”, in the 5th column “2” is substituted for “3”. e in the row “Separated – Mechanical”, in the 5th column “3” is substituted for “4”. f in the 1st row of “Pig slurry – ploughed in” which relates to 2% dry matter, in the 8th column “35” is substituted for “30”. g in the 2nd row of “Pig Slurry – ploughed in” which relates to 4% dry matter, in the 8th column “30” is substituted for “25”. h in the 3rd row of “Pig slurry – ploughed in” which relates to 6% dry matter, in the 8th column “30” is substituted for “25”. i in the 3rd row of “Pig slurry – shallow injected” which relates to 6% dry matter, in the 9th column “40” is substituted for “34”. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 26th November 2008
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 2008 and comes into force on 1st December 2008. 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 “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 . 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 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. Revocation 4 The Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2007 is revoked. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 28th November 2008
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No. 3) 2008 and shall come into force on 20th November 2008. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of the Summary Application Rules 2 1 The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with the following subparagraphs. 2 Paragraph (3) of rule 3.35.4 (attachment of power of arrest) is omitted. 3 For rule 3.35.5 (notification to adult at risk) substitute– Notification to adult at risk etc. 3.35.5 Where section 26(1)(b) of the Act (notification to the adult at risk etc. on the variation or recall of a banning order or temporary banning order) applies, the person prescribed for the purposes of section 26(2) is the sheriff clerk. . 4 In rule 3.35.6 (certificate of delivery of documents) for “section 25(2) or 26(2)” substitute “section 26(2), 27(1) or 27(2)”. 5 For Form 34 in Schedule 1 , substitute Form 34 set out in the Schedule to this Act of Sederunt. A C HAMILTON Lord President I.P.D. Edinburgh 13th November 2008
JUSTICE OF THE PEACE COURTS Citation and commencement 1 This Order may be cited as the Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Amendment Order 2008 and comes into force on 8th December 2008. Amendments to the Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Order 2008 2 1 The Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Order 2008 is amended in accordance with this article. 2 In article 8– a omit “the” where it appears before “Schedule”; and b after “Schedule” insert “1”. 3 After article 8 insert– Transfer of property, rights and liabilities 9 1 All of the property, rights and liabilities of the local authority specified in column 1 of Schedule 2 to this Order, in relation to the heritable property specified in column 2 of that Schedule, are transferred to and vest in the Scottish Ministers on the relevant date. 2 The transfer, by virtue of this article, of any property, rights and liabilities to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to that local authority, so far as it relates to any property, rights and liabilities transferred by virtue of this article, before the relevant date. 3 Anything (including legal proceedings) which, on the relevant date, is in the process of being done by or in relation to that local authority, so far as it relates to any property, rights and liabilities transferred by virtue of this article, shall be continued by or in relation to the Scottish Ministers. 4 Anything done (or having effect as if done) by or in relation to that local authority for the purposes of or in connection with any property, rights and liabilities transferred to the Scottish Ministers by virtue of this article shall, if in force on the relevant date, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that date. . 4 Renumber the Schedule as Schedule 1. 5 After the Schedule insert– SCHEDULE 2 TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES Article 9 Column 1 (local authority) Column 2 (heritable property) Glasgow City Council Those subjects situated at Number Twenty one St Andrew’s Street, Glasgow, G1 5PW extending to two thousand three hundred and fifteen square metres (2,315m2) or thereby designated by the local authority as the District Court before the making of this Order all as shown delineated in red on the plan which is signed by Kenny MacAskill, Cabinet Secretary for Justice and a member of the Scottish Executive, and marked “Plan referred to in the Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Amendment Order 2008”, a copy of which is deposited in the office of the Scottish Government Criminal Justice Directorate, St Andrew’s House, Regent Road, Edinburgh, EH1 3DG. . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 13th November 2008
PRIVATE INTERNATIONAL LAW Citation, commencement and extent 1 1 These Regulations may be cited as the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 and come into force on 11th January 2009. 2 These Regulations extend to Scotland only. Restriction on the application of existing choice of law rules in delict cases 2 In the Private International Law (Miscellaneous Provisions) Act 1995 – a after section 15A insert– Disapplication of Part III where the rules in the Rome II Regulation apply: Scotland 15B 1 Nothing in this Part applies to affect the determination of issues relating to delict which fall to be determined under the Rome II Regulation. 2 In subsection (1) “the Rome II Regulation” means Regulation ( EC ) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II) , including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (conflicts falling within Article 25(2) of Regulation (EC) No. 864/2007 ). 3 This section extends to Scotland only. ; and b at the beginning of section 18(3)(extent) insert “Except where otherwise provided,”. Restriction on the application of existing choice of law rules on prescription and limitation 3 In section 23A (private international law application) of the Prescription and Limitation (Scotland) Act 1973 after subsection (3) insert– 4 This section shall not apply in any case where the law of a country other than Scotland falls to be applied by virtue of any choice of law rule contained in the Rome II Regulation. 5 In subsection (4) “the Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II), including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (conflicts falling within Article 25(2) of Regulation (EC) No. 864/2007 ). . Application of Regulation (EC) No 864/2007 4 ... Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II) as that Regulation has effect as assimilated direct legislation, shall apply in the case of conflicts between– a the laws of different parts of the United Kingdom; or b between the laws of one or more parts of the United Kingdom and Gibraltar, as it applies in the case of conflicts between the laws of other countries. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh
LOCAL GOVERNMENT Citation and commencement 1 These Regulations may be cited as the Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2008 and come into force on 10th February 2009. Amendment of The Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 2 1 The Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 are amended in accordance with the following paragraphs. 2 For regulation 6(2) (remuneration of the leader of the council) substitute– 2 Such amount is the following total yearly amount, depending on the banding of a local authority– for the year ending 31st March 2009 from 1st April 2009 a Band A – £26,398 £27,058 b Band B – £31,678 £32,470 c Band C – £36,956 £37,880 d Band D – £47,516 £48,704 . 3 For regulation 7(2) (remuneration of the civic head) substitute– 2 Such amount shall be determined by the local authority but shall not be more than the following total yearly amount, depending on the banding of a local authority– for the year ending 31st March 2009 from 1st April 2009 a Band A – £19,799 £20,294 b Band B – £23,759 £24,353 c Band C – £27,717 £28,410 d Band D – £35,637 £36,528 . 4 For regulation 10 (councillors' remuneration) substitute– 10 Each local authority shall pay remuneration to each of its Councillors of a total yearly amount of– a for the year ending 31st March 2009 – £15,838; b from 1st April 2009 – £16,234. . 5 For regulation 11(6)(a) (yearly payments to certain conveners) substitute– a for the year ending 31st March 2009 be more than £21,119; aa from 1st April 2009 be more than £21,647; . 6 For regulation 12(2) (joint board convener and vice convener remuneration) substitute– 2 One convener and not more than two vice conveners of each joint board shall be paid remuneration, the remuneration to be paid by the local authority of which the convener or vice convener (as the case may be) is a member. . 7 In regulation 12(8) (yearly payments to certain joint board conveners) for “of £19,316” substitute– for the year ending 31st March 2009 of £19,799 and, from 1st April 2009, of £20,294 . 8 In regulation 12(9) (yearly payments to certain joint board vice conveners) for “of £18,350” substitute– for the year ending 31st March 2009 of £18,809 and, from 1st April 2009, of £19,279 . JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 16th December 2008
RATING AND VALUATION Citation and commencement 1 This Order may be cited as the Non Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2009 Amendment Order 2008 and comes into force on 12th December 2008. Amendment of the Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2009 2 In article 1 of the Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2009 for “Amendment Order 2009” substitute “ Amendment Order 2008”. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 12th November 2008
ANIMALS Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANIMALS Citation, commencement and extent 1 1 This Order may be cited as the Pigs (Records, Identification and Movement) Amendment (Scotland) Order 2008 and comes into force on 5th December 2008. 2 This Order extends to Scotland only. Amendment of the Pigs (Records, Identification and Movement) Order 1995 2 1 The Pigs (Records, Identification and Movement) Order 1995 is amended in accordance with the following paragraph of this article. 2 In article 2(2) for “Council Directive 92/102/ EEC on the identification and registration of animals ”, substitute “Council Directive 2008/71/ EC on the identification and registration of pigs ”. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 11th November 2008
COURT OF SESSION Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) (EC Service Regulation) 2008 and shall come into force on 13th November 2008. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Service of documents under EC Service Regulation 2 The fee payable to a messenger-at-arms in respect of service of a document in Scotland under Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000 is– a where service is effected by a method mentioned in rule 16.1(1)(a)(i), (ii), (iii) or (b)(i) of the Rules of the Court of Session 1994 (methods and manner of service on a person) , £83.80; b where service is effected by a method mentioned in rule 16.1(1)(a)(iv) or (b)(ii) of the Rules of the Court of Session 1994 (postal service), £39.20. A. C. Hamilton Lord President I.P.D. Edinburgh 7th November 2008
ANIMALS Citation and commencement 1 These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2008 and come into force on 12th December 2008. Amendment to the Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2007 2 The Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2007 are amended in accordance with regulations 3 and 4. Amendment of regulation 2 3 In regulation 2 (interpretation) for the definition of “official control samples” substitute– “official control samples” means samples taken under– point 2.1.2.2 of the Annex to Commission Regulation ( EC ) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 ; or point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 1003/2005 . . Amendment of regulation 3 4 In regulation 3(1) (fees)– a for sub paragraph (d) substitute– d processing of annual registration documentation in respect of approval of a laboratory under regulation 21 of the 2003 Regulations or Article 12 of the European Regulation; ; and b omit sub paragraph (e). MICHAEL RUSSELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th November 2008
RATING AND VALUATION Citation and commencement 1 These Regulations may be cited as the Valuation for Rating (Plant and Machinery) (Scotland) Amendment Regulations 2008 and come into force on 1st January 2009. Amendment of the Valuation for Rating (Plant and Machinery) (Scotland) Regulations 2000 2 1 The Valuation for Rating (Plant and Machinery) (Scotland) Regulations 2000 are amended in accordance with the following paragraphs. 2 After regulation 2 insert– Definition of microgeneration capacity 2A 1 In these Regulations, “microgeneration capacity” means the capacity of plant or machinery to generate electricity or to produce heat where– a in generating electricity or as the case may be producing heat, the plant or machinery relies wholly or mainly on a source of energy or a technology specified in paragraph (2); and b the capacity of the plant or machinery to generate electricity or as the case may be to produce heat does not exceed the capacity specified in paragraph (3). 2 The sources of energy and technology referred to in paragraph (1)(a) are– a biomass; b biofuels; c fuel cells; d photovoltaics; e water (including waves and tides); f wind; g solar power; h geothermal sources; i heat from air, water or the ground; and j combined heat and power systems. 3 The capacity referred to in paragraph (1)(b) is– a in relation to the generation of electricity, 50 kilowatts; b in relation to the production of heat, 45 kilowatts thermal. . 3 In Class 1 of the Schedule, for “ (other than excepted plant and machinery)” substitute– (except to the extent that plant and machinery has microgeneration capacity and excluding excepted plant and machinery) . 4 In Class 2 of the Schedule, at the beginning for “Plant” substitute– Except to the extent that plant or machinery has microgeneration capacity, plant . 5 In Class 3 of the Schedule, at the beginning for “The following items:–” substitute– Except to the extent that they have microgeneration capacity, the following items:– . 6 In Class 4 of the Schedule, after (b) insert– ba so much of any item as has microgeneration capacity; . JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 5th November 2008
CRIMINAL LAW Citation 1 This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 6) Order 2008. Interpretation 2 In this Order– “the 2007 Act ” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and “the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995 . Commencement 3 1 The provisions of the 2007 Act specified in column 1 of the Schedule, the subject matter being specified in column 2, come into force on 23rd February 2009. 2 The coming into force of the provisions listed in the Schedule are subject to any exceptions or limitations on extent specified in that Schedule. 3 Where a particular purpose or area is specified in relation to any provision in column 1 of the Schedule, that provision comes into force on 23rd February 2009 for that purpose or in that area only. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 6th November 2008