othertales/uklegislation huggingface dataset:
MENTAL HEALTH Citation and commencement 1 This Order may be cited as the Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 and shall come into force on the day after the day on which it is made. Modifications of enactments 2 Schedule 1, which contains modifications of enactments, shall have effect. Repeals 3 The repeals in Schedule 2 shall have effect. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 26th September 2005
PLANT BREEDERS' RIGHTS Citation, commencement and extent 1 1 This Order may be cited as the Plant Breeders' Rights (Discontinuation of Prior Use Exemption) (Scotland) Order 2005 and shall come into force on 4th November 2005. 2 This Order extends to Scotland only. Discontinuation of the Prior Use Exemption 2 Section 9(5) of the Plant Varieties Act 1997 shall cease to have effect on 7th November 2005 in relation to varieties of the species and groups specified for the purposes of section 9(2) of that Act by the Plant Breeders' Rights (Farm Saved Seed) (Specification of Species and Groups) Order 1998 . ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 22nd September 2005
FOOD Citation, commencement and extent 1 1 These Regulations may be cited as the Food Labelling Amendment (No. 2) (Scotland) Regulations 2005 and come into force on 25th November 2005. 2 These Regulations extend to Scotland only. Amendment of the Food Labelling Regulations 1996 2 The Food Labelling Regulations 1996 are amended in accordance with regulations 3 to 7. 3 In regulation 2(1) (interpretation), in the definition of “Directive 2000/13” , for the words from “and Commission Directive 2002/67/EC ” to the end, substitute “, Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine and of foodstuffs containing caffeine and Commission Directive 2005/26/EC establishing a list of food ingredients or substances provisionally excluded from Annex IIIa of Directive 2000/13/EC ”. 4 For regulation 13(8)(c) (order of list of ingredients) , substitute– c are not– i additives; ii allergenic ingredients; or iii ingredients originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1, other than, until 25th November 2007, ingredients which originate from an allergenic ingredient and are listed in column 2 of Schedule 2A in relation to that allergenic ingredient; and . 5 In regulation 34B (foods containing allergenic ingredients or ingredients originating from allergenic ingredients) – a in paragraph (1), for “Subject to paragraph (2)” substitute “Subject to paragraphs (2) and (3)”; b at the beginning of paragraph (2)(b), insert “subject to paragraph (3),”; and c at the end, insert– 3 Paragraphs (1) and (2)(b) shall not apply before 25th November 2007 in respect of any ingredient which originates from an allergenic ingredient and is listed in column 2 of Schedule 2A in relation to that allergenic ingredient. . 6 In regulation 50(12)(b) (transitional provision) , after “2004”, insert “(as read with the Food Labelling Amendment (No. 2) (Scotland) Regulations 2005)”. 7 After Schedule 2 (indications of treatment), insert as Schedule 2A the contents of the Schedule to these Regulations. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 15th September 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) (No. 11) (Scotland) Order 2005 and shall come into force at 1630 hours on 15th September 2005. 2 In this Order– a “scallops” means scallops of the species Pecten maximus; and b “relevant time” means 0001 hours on 15th September 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. IAN GORDON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 15th September 2005
FIRE AND RESCUE SERVICES Citation and commencement 1 This Order may be cited as the Fire and Rescue Services (Framework) (Scotland) Order 2005 and shall come into force on 6th October 2005. The Fire and Rescue Framework 2 For the purposes of section 40(4) of the Fire (Scotland) Act 2005, the Fire and Rescue Framework prepared by the Scottish Ministers and entitled “The Fire and Rescue Framework for Scotland 2005” published by the Scottish Executive in October 2005 shall have effect. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th September 2005
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 2005 and shall come into force on 5th October 2005. Application 2 These Regulations shall apply only in relation to any case where an application for legal aid in connection with proceedings to which the provisions of section 30 of the Legal Aid (Scotland) Act 1986 apply is made on or after 5th October 2005. Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 3 The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 are amended in accordance with the following regulations. 4 In regulation 2(1) (Interpretation)– i in the definition of “legal representative” for “curator bonis, judicial factor or guardian” substitute “judicial factor or a person authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 2000 or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003 ”; and ii after the definition of “legal representative” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”. 5 In regulation 4(3)(c) (Applications for legal aid), for “section 1(2) of the Mental Health (Scotland) Act 1984 ” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 13th September 2005
WATER SUPPLY Citation and commencement 1 This Order may be cited as the Scottish Water (Allt Beithe) Water Order 2005 and shall come into force on 14th October 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 (Allt Beithe) 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 Scottish Water Inverness Area Office, 31 Henderson Drive, Longman North, Inverness, IV1 1TK; “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; “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 paragraph 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 intake (Work No. 2), take water from the Allt Beithe in the area of the Highland Council. 5 1 During the construction of the works Scottish Water may take from the Allt Beithe such water as it may require for such construction. 2 After completion of the works, and when the flow in the Allt Beithe is equal to or greater than 1810 cubic metres per day, Scottish Water may, in any day, take from the Allt Beithe, a quantity of water not greater than 444 cubic metres, all as measured and recorded by an approved gauge (Work No. 5). 3 After completion of the works, and when the flow in the Allt Beithe is less than 1810 cubic metres per day, Scottish Water shall not, in any day, take water from the Allt Beithe, such as to cause less than 1366 cubic metres of water to be discharged into the Allt Beithe, all as regulated by a v-notch weir (Work No. 1) and as measured by a staging post (Work No. 3). 6 If the power to take water conferred by this Order has not been exercised by 31 January 2007 the said power shall cease. Revocation 7 The Argyll County Council (Allt Beithe, Acharacle) Water Order 1959 is revoked with effect from 31st January 2007. ANDREW SCOTT A member of the staff of the Scottish Ministers Victoria Quay, Edinburgh 12th October 2005
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Criminal Legal Aid (Scotland) Amendment Regulations 2005 and shall come into force on 5th October 2005. Application 2 These Regulations shall apply only in relation to any case where an application for criminal legal aid is made on or after 5th October 2005. Amendment of the Criminal Legal Aid (Scotland) Regulations 1996 3 The Criminal Legal Aid (Scotland) Regulations 1996 are amended in accordance with the following regulations. 4 In regulation 2(1) (Interpretation)– i in the definition of “legal representative” for “curator bonis, tutor, judicial factor or guardian” substitute “judicial factor or a person authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 2000 or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003 ”; and ii after the definition of “legal representative” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”. 5 In regulation 8(1)(a) (Applications for criminal legal aid in summary proceedings), for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”. 6 In regulation 12(1)(b) (Applications for review), for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”. 7 In regulation 13(1)(a) (Legal aid for criminal appeals) for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 13th September 2005
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2005 and shall come into force on 5th October 2005. Application 2 These Regulations shall apply only to fees for work done and outlays incurred on or after 5th October 2005. Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 3 The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are amended in accordance with the following regulations. 4 In paragraph 2 of Chapter III of Schedule 6– a substitute “from” where it first occurs with “for”; and b for “section 1 of the Mental Health (Scotland) Act 1984 ” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 ”. Saving 5 Notwithstanding regulation 4(b) above, in proceedings raised before 5th October 2005 by an assisted person who suffered for a significant period of the case from a mental disorder either within the meaning of section 1 of the Mental Health (Scotland) Act 1984 or section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, the Civil Legal Aid (Scotland) (Fees) Regulations 1989 shall continue to have effect as if the amendments made by these Regulations had not been made. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 13th September 2005
MENTAL HEALTH Citation and commencement 1 This Order may be cited as the Mental Health (Class of Nurse) (Scotland) Revocation Order 2005 and shall come into force immediately before 5th October 2005. Revocation of Order 2 The Mental Health (Class of Nurse) (Scotland) Order 1994 is revoked. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th September 2005
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Class of Nurse) (Scotland) Regulations 2005 and shall come into force on 5th October 2005. 2 In these Regulations, “the register” means the register of qualified nurses and midwives established and maintained under article 5 of the Nursing and Midwifery Order 2001 . Class of nurse 2 For the purposes of section 299(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (nurse’s power to detain pending medical examination), the class of nurse prescribed is a nurse registered in Sub-Part 1 of the Nurses' Part of the register, whose entry includes an entry to indicate that the nurse’s field of practice is mental health nursing or learning disabilities nursing. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th September 2005
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 5th October 2005. Application 2 These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 5th October 2005. Amendment of the Civil Legal Aid (Scotland) Regulations 2002 3 The Civil Legal Aid (Scotland) Regulations 2002 are amended in accordance with the following regulations. 4 In regulation 2(1) (Interpretation)– a in the definition of “legal representative” at the end insert “or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003 ”; and b after the definition of “parental rights” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”. 5 In regulation 5(1)(a)(iii) (Form of application) for “section 1(2) of the Mental Health (Scotland) Act 1984 ” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”. 6 In regulation 14 (Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity), in paragraphs (1) and (2) after “official capacity” insert “or is a named person by virtue of any of sections 250 to 254 and 257 of the Mental Health (Care and Treatment) (Scotland) Act 2003”. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 13th September 2005
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (East Coast) (Scotland) Revocation Order 2005 and shall come into force at 1645 hours on 6th October 2005. Revocation 2 The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (East Coast) (Scotland) Order 2005 is hereby revoked. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 6th October 2005
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 and shall come into force on 5th October 2005. 2 In these Regulations – “ the Act ” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and “Form” means a Form set out in Schedule 2. and any reference to a Form having a letter and a number is a reference to the Form having that letter and number in Schedule 2. Forms 2 Any certificate given under a section of the Act which is specified in an entry in column 1 of Schedule 1 shall contain the particulars set out in the part of the Form which is specified in the corresponding entry in column 2 of that Schedule. Form of certificates 3 Any certificate given under a section of the Act which is specified in an entry in column 1 of Schedule 2 shall be in the Form which is specified in column 2 of that Schedule and set out in that Schedule. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th September 2005
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Form of Documents) (Scotland) Regulations 2005 and shall come into force on 5th October 2005. 1 In these Regulations– a “the 2003 Act ” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and b any reference to a numbered section is a reference to the section bearing that number in the 2003 Act. Form of documents 2 Any document required or authorised to be prepared by virtue of a section of the 2003 Act listed in column 1 of Schedule 1 shall contain the particulars set out in the corresponding form listed in column 2 of that Schedule and set out in Schedule 2 and shall be used in the circumstances specified in column 3 of Schedule 1. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 12th September 2005
SEA FISHERIES Citation and commencement 1 These Regulations may be cited as the Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Amendment Regulations 2005 and shall come into force on 1st October 2005. Amendment of the Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 2005 2 1 The Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 2005 are amended in accordance with this regulation. 2 In regulation 4 (sale of fish), omit paragraph (2). 3 In regulation 8 (purchase of fish by an unregistered buyer), in paragraph (2)(b), for “50 kilogrammes” substitute “25 kilogrammes”. 4 In regulation 12 (penalties), in paragraph (2)(a), omit “or (2)”. ROSS FINNIE A member of the Scottish Executive Pentland House Edinburgh 8th September 2005
EDUCATION Citation and commencement 1 This Order may be cited as the Dissolution of Funding Councils (Scotland) Order 2005 and shall come into force on 3rd October 2005. Appointed Day 2 The appointed day for the dissolution of the Scottish Further Education Funding Council and the Scottish Higher Education Funding Council is 3rd October 2005. NICOL STEPHEN A member of the Scottish Executive Edinburgh 8th September 2005
MENTAL HEALTH Citation and commencement 1 These Regulations may be cited as the Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005 and shall come into force on 5th October 2005. Specified period 2 The period within which an appeal under section 322(2) (appeal to Court of Session against certain decisions of the Tribunal) of the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be made is 21 days after whichever of the following dates is applicable:– a the date on which the party was informed of the decision appealed against; or b if the party has requested a copy of the document mentioned in paragraph 13(3) of schedule 2 to that Act within 7 days of being informed of that decision, the date on which the party receives that document. Revocation 3 The Mental Health (Period for Appeal) Regulations 2005 are hereby revoked. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th September 2005
FOOD Citation, commencement and extent 1 These Regulations may be cited as the Food Safety (General Food Hygiene) Amendment (Scotland) Regulations 2005, come into force on 30th September 2005 and extend to Scotland only. Amendment of the Food Safety (General Food Hygiene) Regulations 1995 2 The Food Safety (General Food Hygiene) Regulations 1995 are amended by omitting paragraphs 6(1) and 7 of Schedule 1A (licensing of butchers' shops in Scotland). Transitional provision 3 Subject to paragraphs 6(2) and 9 of Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995, a licence issued under that Schedule, which is in force immediately before the coming into force of these Regulations, shall remain in force until 31st December 2005. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th September 2005
CRIMINAL LAW Citation 1 This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 6) Order 2005. Commencement 2 The following provisions of the Criminal Justice (Scotland) Act 2003 shall come into force on 4th October 2005:– a section 2(a); b sections 7 to 10; c section 41; and d paragraph 1(3)(b) of Schedule 1. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 1st September 2005