othertales/uklegislation huggingface dataset:
Criminal Law Citation 1 This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 7) Order 2009. Commencement 2 Section 10(2)(b) of the Management of Offenders etc. (Scotland) Act 2005 comes into force on 26th June 2009 but only for the purposes of section 10(1)(e) of that Act and in so far as section 10(1)(e) relates to persons subject to— a the order referred to in section 10(11)(b) of that Act; and b the directions referred to in section 10(11)(c) and (d) of that Act. S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 25th June 2009
Licensing (liquor) Citation and commencement 1 These Regulations may be cited as the Licensing (Mandatory Conditions) (Scotland) Regulations 2009 and come into force on the day after the day on which they are made. Amendment of mandatory conditions of premises licences 2 1 Paragraph 13 of schedule 3 to the Licensing (Scotland) Act 2005 is amended in accordance with this regulation. 2 In sub‑paragraph (1) for “Alcohol” substitute “Subject to sub‑paragraph (3), alcohol”. 3 After sub‑paragraph (2) insert— 3 This paragraph does not apply in respect of premises— a whose main function is to provide a visitor attraction, and b where— i the premises form part of a larger site which is used principally for the production of alcoholic drinks, or ii the visitor attraction is used principally to provide information about and promote the history and attributes of a particular alcoholic drink or a particular category of alcoholic drink. . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 23rd June 2009
Licensing (liquor) Citation, commencement and application 1 1 This Order may be cited as the Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 and comes into force at 5.00 a.m. on 1st September 2009. 2 Paragraphs 10 and 11 of Schedule 1 apply to offences committed at or after 5.00 a.m. on 1st September 2009. Consequential amendments and repeals of enactments 2 1 The enactments listed in Schedule 1 are amended as there specified. 2 The enactments listed in Schedule 2 are repealed to the extent there specified. 3 The enactments listed in Schedule 3 are revoked to the extent there specified. Modification of relevant byelaws 3 1 The relevant byelaws shall continue to have effect subject to the following amendments:– a references to “alcoholic liquor” shall be read as references to “alcohol” within the meaning given by section 2 (meaning of alcohol) of the Licensing (Scotland) Act 2005; b references to “licensed premises” shall have the same meaning as in section 147(1) (interpretation) of that Act but does not include premises in respect of which there is a provisional premises licence (within the meaning of section 45(5) (provisional premises licence) of that Act); c references to “occasional licence” shall have the same meaning as in section 56(1) (occasional licence) of that Act; and d references to “licensed canteen”, “registered club” and “occasional permission” shall cease to have effect. 2 In this article “relevant byelaw” means a byelaw made under sections 201 (byelaws for good rule and government) and 203 (offences against byelaws) of the Local Government (Scotland) Act 1973 that– a is in force immediately prior to 5.00 a.m. on 1st September 2009; and b relates to the consumption of alcoholic liquor in a public place. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 18th June 2009
Rehabilitation Of Offenders Citation, commencement and extent 1 1 This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2009 and comes into force on 29th June 2009. 2 This Order extends to Scotland and, in so far as it extends beyond Scotland, it does so only as a matter of Scots law. Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 2 1 The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 is amended in accordance with the following paragraphs. 2 In article 2(1) (interpretation)— a after the definition of ‘ administration of justice offence’ insert— “adult at risk” has the meaning given by regulation 10 of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 ; ; and b after the definition of “relevant offence” insert— “social care service” means any service provided by or on behalf of an organisation, not being a care service or a health service, which involves caring for, training of, or support, assistance, advice, counselling or guidance to, individuals relating to their physical or emotional well-being, education, training or welfare needs; . 3 In Schedule 4 (excepted professions, offices, employments, and occupations), part 2, at the end, insert— 28 Any employment or work concerned with the provision of a social care service which is of such a kind as to enable the holder of the position to have unsupervised one to one contact in the course of that person’s normal duties, with an adult at risk. . S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 25th June 2009
Food Citation and commencement 1 1 These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009. 2 These Regulations, other than regulations 7 and 8(c), come into force on 16th July 2009. 3 Regulations 7 and 8(c) come into force on 21st September 2009. Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 2 The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 are amended as follows. 3 In paragraph (1) of regulation 2 (interpretation)— a omit the definition of “Directive 80/777”; b after the definition of “Directive 2003/40” insert— “Directive 2009/54” means Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast) ; ; and c in the definition of “natural mineral water”— i in subparagraph (c) for the word “by” where it first appears substitute “on account of” and for “has” substitute “origin shall have”; ii in subparagraph (c)(i) for “applicable” substitute “appropriate”; and iii in subparagraph (c)(ii) for “state” substitute “purity”. 4 In paragraphs (2) and (3) of regulation 2 and paragraphs (1)(b) and (c) and (8) of regulation 4 (recognition as natural mineral water) for “80/777” substitute “2009/54”. 5 In regulation 8 (marking, labelling and advertisement of natural mineral waters)— a for paragraph (1)(c) substitute— c any indication, designation, trade mark, brand name, picture or other sign, whether figurative or not, the use of which suggests a characteristic, which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity; ; b in subparagraph (h)(i)(bb) for “water table or deposit” substitute “same water table or the same deposit”; and c in paragraph (4)— i before “designation” insert “indication”; ii “proprietary name” is omitted; iii for “illustration” substitute “picture”; and iv for “emblematic” substitute “figurative”. 6 In paragraph (2)(c) of regulation 9 (sale of natural mineral water) for “bacteria content” substitute “bacterial count”; 7 In paragraph (c)(i) of regulation 16 (enforcement) after “limits of” insert “natural”. 8 In Schedule 4 (exploitation and bottling requirements for natural mineral water and spring water)— a in paragraph 4— i for “plant” substitute “equipment”; and ii omit “natural”; b for “23rd November 1996” in paragraph 5(3) substitute “13th December 1996”; and c for “Water” in paragraph 8 substitute “Both at source and during its marketing, water”. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 8th July 2009
Lands Tribunal Citation and commencement 1 These Rules may be cited as the Lands Tribunal for Scotland Amendment (Fees) Rules 2009 and come into force on 1st July 2009. Amendment of Lands Tribunal for Scotland Rules 1971 2 1 The Lands Tribunal for Scotland Rules 1971 are amended in accordance with paragraph (2). 2 In the Table of Fees contained in Schedule 2— a after item 17 insert— 17A. On an application under article 22 or 23 of the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 £150 ; b in item 20 after “17” insert “, 17A”; c in item 21 after “Title Conditions (Scotland) Act 2003” insert, “or the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009”; d in item 22 after “2003” insert, “and article 22 or 23 of the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009”; e in item 23 after “2003” insert “or article 22 or 23 of the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009”. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th June 2009
Town And Country Planning Citation, commencement and interpretation 1 1 These Regulations may be cited as the Town and Country Planning (Charges for Publication of Notices) (Scotland) Regulations 2009 and come into force on 3rd August 2009. 2 In these Regulations– “the 2008 Regulations ” means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 ; “applicant” means the person who made the application in respect of which notice is required to be published under regulation 20(1) of the 2008 Regulations; and “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 . Recovery of cost of publication 2 1 Where a planning authority publish a notice in a newspaper in accordance with regulation 20(1) of the 2008 Regulations they are to charge the cost of publishing that notice to the applicant in accordance with paragraphs (2) and (3). 2 The planning authority are to notify the applicant in writing of the cost of publication of the notice, calculated in accordance with paragraph (3), and the applicant must, within 21 days of being so notified, pay to the planning authority a sum equal to that cost. 3 Where the advertisement by which notice is published relates to– a one application only, the cost of publication is the amount paid by the planning authority for that advertisement; b more than one application, the cost of publication in respect of each application is the amount paid by the planning authority for that advertisement divided by the number of applications to which it relates. Electronic communications 3 Where under regulation 43 of the 2008 Regulations the applicant has, or is deemed to have, consented to the use of electronic communications (and has not withdrawn that consent) then provided the criteria specified in paragraph (2) of that regulation are met, notification under regulation 2(2) may be sent by electronic communications and any requirement in regulation 2(2) that notification is to be in writing is fulfilled. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd June 2009
Debt Citation and commencement 1 These Regulations may be cited as the Debt Arrangement Scheme (Scotland) Revocation Regulations 2009 and come into force on 25th June 2009. Revocation of the Debt Arrangement Scheme (Scotland) Amendment Regulations 2009 2 The Debt Arrangement Scheme (Scotland) Amendment Regulations 2009 are revoked. FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 23rd June 2009
CRIMINAL LAW Citation and revocation 1 1 This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 7) Revocation Order 2009. 2 The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 7) Order 2009 is revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 10th June 2009
CRIMINAL LAW Citation 1 This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 6) Order 2009. Commencement 2 Section 10(1)(e) of the Management of Offenders etc. (Scotland) Act 2005 in so far as it relates to persons subject to– a the order referred to in section 10(11)(b) of that Act; and b the directions referred to in section 10(11)(c) and (d) of that Act, comes into force on 26th June 2009. S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th June 2009
SCOTTISH PUBLIC SERVICES OMBUDSMAN Citation and commencement 1 This Order may be cited as the Scottish Public Services Ombudsman Act 2002 (Amendment) Order 2009 and shall come into force on the day after the day on which it is made. Amendment of the Scottish Public Services Ombudsman Act 2002 2 Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (Listed Authorities, Entries Amendable by Order in Council) is amended by omitting the entry in relation to the Criminal Injuries Compensation Appeals Panel (paragraph 66). Judith Simpson Clerk of the Privy Council
FIRE AND RESCUE SERVICES Citation and commencement 1 This Order may be cited as the Fire and Rescue Authorities (Appointment of Chief Inspector) (Scotland) Order 2009 and comes into force on 11th June 2009. Appointment of Chief Inspector 2 Brian Duncan Fraser, QFSM is appointed as Chief Inspector of Fire and Rescue Authorities for the purposes of section 43(1)(a) of the Fire (Scotland) Act 2005. Judith Simpson Clerk of the Privy Council
AGRICULTURE Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to Schedule 2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANIMALS Citation, commencement and extent 1 1 These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2009 and come into force on 26th June 2009. 2 These Regulations extend to Scotland only. Interpretation 2 In these Regulations– “the 2003 Regulations ” means the Animal By-Products (Scotland) Regulations 2003 ; “the European Regulation ” means Regulation ( EC ) No. 2160/2003 of the European Parliament and of the Council of 17th November 2003 on the control of salmonella and other specified food borne zoonotic agents ; and “official control samples” means samples taken under– point 2.1.2.2 of the Annex to Commission Regulation (EC) No. 1003/2005 of 30th June 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 , as amended by Commission Regulation (EC) No. 213/2009 of 18th March 2009 amending Regulation (EC) No. 2160/2003 of the European Parliament and of the Council and Regulation (EC) No. 1003/2005 as regards the control and testing of Salmonella in breeding flocks of Gallus gallus and turkeys ; Point 2.1 of the Annex to Commission Regulation (EC) No. 1168/2006 of 31st July 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 ; or Point 1(b) of the Annex to Commission Regulation (EC) No. 646/2007 of 12th June 2007 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards a Community target for the reduction of the prevalence of Salmonella enteritidis and Salmonella typhimurium in broilers and repealing Regulation (EC) No. 1091/2005 . Fees 3 1 The fees payable by a relevant person to the Scottish Ministers for any of the activities specified in the first column of the Schedule are specified in the second column of the Schedule. 2 The fees payable under paragraph (1) must be paid within 14 days of the Scottish Ministers requiring payment. 3 “Relevant person” means– a the person in charge of a holding where official control samples are taken; or b the operator of the laboratory where official control samples are tested, as specified in the third column of the Schedule. Revocation 4 The following Regulations are revoked– a the Zoonoses and Animal By-Products (Fees) (Scotland) Regulations 2007 ; b the Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2008 ; and c the Zoonoses and Animal By-Products (Fees) (Scotland) Amendment (No. 2) Regulations 2008 . Saving 5 The Regulations referred to in regulation 4 continue to have effect in relation to any activity specified in the first column of the Schedule commenced prior to these Regulations coming into force. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd June 2009
ANIMALS PART 1 Introduction Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 Enforcement of the Commission Regulation Competent authority 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale of horses 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identification of horses 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time limit for applying for an identification document 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for duplicate and replacement identification documents 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Importation 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Detecting previous marking 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transponders 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on movement of horses without an identification document 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Movement to slaughter 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of duplicate and replacement identification documents 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of identification document upon death 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure by the issuing body on death 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permitted treatment for horses intended for human consumption 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Databases 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibitions 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Horses living under wild or semi-wild conditions 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Enforcement Enforcement 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of entry 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstruction 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by bodies corporate, partnerships and unincorporated associations 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SEEDS Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Seed Potatoes (Scotland) Regulations 2000 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 2 (interpretation) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 8 (marketing of seed potatoes) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 6 (official labels) 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANIMALS Citation, commencement and interpretation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the 2007 Regulations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROCEEDS OF CRIME Citation 1 This Order may be cited as the Serious Crime Act 2007 (Commencement No. 2) (Scotland) Order 2009. Appointed Day 2 1 The day appointed for the coming into force of the following provisions of the Serious Crime Act 2007 is 18th June 2009– a section 75(4) and (5) (use of production orders for detained cash investigations); b section 76(4) to (6) (use of search warrants etc. for detained cash investigations); c section 77 (further provision about detained cash investigations) in so far as it relates to the provisions in sub-paragraph (d); and d in Schedule 10 (detained cash investigations: further provision)– i paragraph 1 in so far as it relates to the following paragraphs of that Schedule; ii paragraphs 14 to 23; and iii paragraph 25 in so far as it extends to Scotland. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd June 2009
AGRICULTURE Citation, commencement and interpretation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the 2007 Regulations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LICENCES AND LICENSING Citation and interpretation 1 This Order may be cited as the Knife Dealers (Exceptions) Order 2009 and comes into force on 1st September 2009. Exception for certain articles 2 In section 27A of the Civic Government (Scotland) Act 1982 (knife dealers' licences)– a in subsection (2)(a), for “those” substitute “folding pocket knives whose blades do not exceed 3.5 inches (8.91 centimetres) in length or knives”, b after subsection (2)(a) insert– aa daggers (other than kirpans or skean dhus whose blades do not exceed exceed 3.5 inches (8.91 centimetres) in length); . Exceptions for certain businesses 3 1 Where a person (A) is teaching another person (B) the sport of fencing, the hiring, offering or exposing for hire, lending or giving of a fencing sword by A to B is not to be taken to be a business for the purposes of section 27A(4) of the Civic Government (Scotland) Act 1982 but only where A is qualified to teach B in the sport. 2 In this Article “fencing sword” means a sword used in the sport of fencing and which may be classified as a foil, epée or sabre. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd June 2009
POLICE Citation and commencement 1 These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Amendment (No. 2) Regulations 2009 and come into force on 1st August 2009. Amendment of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 2 1 The Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 are amended in accordance with this regulation. 2 In regulation 4(1) (fees for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates) for “£20” substitute “£23”. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd June 2009