othertales/uklegislation huggingface dataset:
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005 and shall come into force on 2nd January 2006. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of 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) to (4). 2 In rule 33.27A(1) (applications for European matrimonial certificates) for “sheriff” substitute “sheriff clerk”. 3 In rule 33.93 (intimation to Principal Reporter) for “that section” substitute “section 52 of that Act”. 4 In Appendix 1— a for Form G11 substitute the form set out in Schedule 1 to this Act of Sederunt; and b for Form F26 substitute the form set out in Schedule 2 to this Act of Sederunt . Amendment of Summary Application Rules 3 1 The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with sub-paragraphs (2) and (3). 2 In Part IX of Chapter 3 (Proceeds of Crime (Scotland) Act 1995) sub-paragraph (a) of rule 3.9.3(2) (note for recall or variation of restraint orders) shall be omitted. 3 In Part XXVI of Chapter 3 (Protection of Children (Scotland) Act 2003) , rules 3.25.1 to 3.25.6 shall be renumbered as rules 3.26.1 to 3.26.6. Amendment of Summary Cause Rules 4 1 The Act of Sederunt (Summary Cause Rules) 2002 is amended in accordance with sub-paragraph (2). 2 In Appendix 1, for Form 24 substitute the form set out in Schedule 3 to this Act of Sederunt. Amendment of Small Claim Rules 5 1 The Act of Sederunt (Small Claim Rules) 2002 is amended in accordance with sub-paragraphs (2) and (3). 2 For rule 21.6(1) (expenses) there shall be substituted— 21.6 1 This rule applies, subject to section 36B of the 1971 Act , to the determination of expenses— a in a claim, where the defender has— i not stated a defence; ii having stated a defence, has not proceeded with it; or iii having stated a defence, has not acted in good faith as to its merits; b in a claim where there has been unreasonable conduct on the part of a party to that claim in relation to the proceedings or the claim; or c in an appeal to the sheriff principal. 3 In Appendix 1 for Form 15 substitute the form set out in Schedule 4 to this Act of Sederunt. A.C. Hamilton Lord President I.P.D. Edinburgh 14th December 2005
ANIMALS Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Avian Influenza (Preventive Measures) Regulations 2005 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to regulation 2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to regulation 6 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to regulation 11 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHARITIES Citation and interpretation 1 1 This Order may be cited as the Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 1) Order 2005. 2 In this Order, “ the Act ” means the Charities and Trustee Investment (Scotland) Act 2005. Commencement of provisions 2 1 The provisions of the Act which are specified in column 1 of the Schedule to this Order and the subject matter of which is described in column 2 of the Schedule shall come into force on 1st January 2006 but, where a particular purpose is specified in relation to any provision in column 3 of the Schedule, that provision shall come into force on that day only for that purpose. 2 Section 98 of the Act (rate relief for registered community amateur sports clubs) shall come into force on 1st April 2006. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 14th December 2005
PUBLIC HEALTH Citation 1 This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 2) Order 2005. Appointed day 2 The day appointed for the coming into force of section 4(6), (8) and (9) is 16th December 2005. ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 14th December 2005
ADULTS WITH INCAPACITY Citation and commencement 1 These Regulations may be cited as the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Amendment Regulations 2005 and shall come into force on 1st February 2006. Amendment of the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 2 1 The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 are amended in accordance with the following paragraphs. 2 In regulation 2 (interpretation)– a after the definition of “councillor” insert– “dental practitioner” has the same meaning as in section 108(1) of the National Health Service (Scotland) Act 1978 ; ; and b after the definition of “registered European lawyer” insert– “registered health professional” means any person who is registered under the Health Professions Order 2001 as a chiropodist, occupational therapist, physiotherapist, or speech and language therapist; “registered optometrist” means a person registered in the register maintained by the General Optical Council under section 7(a) of the Opticians Act 1989 ; “registered dispensing optician” means a person registered in the register maintained by the General Optical Council under section 7(b) of the Opticians Act 1989; “registered pharmaceutical chemist” has the same meaning as in section 24(1) of the Pharmacy Act 1954 ; “social worker” has the same meaning as in section 77(1) of the Regulation of Care (Scotland) Act 2001 ; . 3 In the Schedule (classes of persons who may countersign an application)– a after “Constables of a police force” insert– Dental practitioners Registered dispensing opticians ; b after “Registered European Lawyers” insert “Registered health professionals”; c after “Registered medical practitioners” insert– Registered optometrists Registered pharmaceutical chemists ; and d after “Registered nurses” insert– Social workers . HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th December 2005
ADULTS WITH INCAPACITY Citation and commencement 1 These Regulations may be cited as the Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Amendment Regulations 2005 and shall come into force on 1st February 2006. Amendment of the Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Regulations 2002 2 1 The Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Regulations 2002 are amended in accordance with the following paragraph. 2 In regulation 2(1)– a in sub paragraph (a) for “three” where it secondly occurs substitute “six”; and b in sub paragraph (b) for “at intervals of not more than three months” substitute “within three months of the guardianship order being granted and thereafter at intervals of not more than six months”. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th December 2005
AGRICULTURE Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Feeding Stuffs (Scotland) Regulations 2005 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 9) (Scotland) Revocation Order 2005 and shall come into force at 1430 hours on 7th December 2005. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 9) (Scotland) Order 2005 is hereby revoked. S DAVIDSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 7th December 2005
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Revocation Order 2005 and shall come into force at 1430 hours on 7th December 2005. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Order 2005 and the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Partial Revocation Order 2005 are hereby revoked. S DAVIDSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 7th December 2005
CIVIL PARTNERSHIP Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1 JURISDICTION Jurisdiction 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 RECOGNITION AND REFUSAL OF RECOGNITION OF JUDGMENTS Definitions for Part 2 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognition of a judgment 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal of recognition of judgment 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction and review 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Differences in applicable law 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sist of proceedings 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANIMALS Citation, commencement and extent 1 1 These Regulations may be cited as the Avian Influenza (Preventive Measures) (Date for Identification of Poultry Premises) (Scotland) Regulations 2005 and shall come into force on 9th December 2005. 2 These Regulations extend to Scotland only. Date by which poultry premises must be identified 2 A person making a written record of information relating to commercial poultry premises under regulation 6(1) of the Avian Influenza (Preventive Measures) (Scotland) Regulations 2005 must notify that information to the Scottish Ministers under regulation 6(2) of those Regulations on or before 28th February 2006. ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 7th December 2005
TRANSPORT Citation and commencement 1 This Order may be cited as the Regional Transport Partnerships (Establishment, Constitution and Membership) (Scotland) Order 2005 and shall come into force on the day after the day on which it is made. Interpretation 2 In this Order– “the 2005 Act ” means the Transport (Scotland) Act 2005; “constituent council” shall be construed in accordance with section 1(2)(b) of the 2005 Act; “member” means councillor member and other member of a Partnership but does not include an observer; “other member” means those members referred to in section 1(2)(c) of the 2005 Act; and “Partnership” means a Transport Partnership established under article 3(3) below. Establishment of regional Transport Partnerships 3 1 For the purposes of Part 1 of the 2005 Act, Scotland shall be divided into regions in accordance with paragraph (2) below. 2 Each region shall comprise of the areas of those constituent councils, or parts thereof, as specified in column 2 of Schedule 1 to this Order, subject to any qualifications contained in that column. 3 For each region there shall, with effect from the day after the day on which this Order is made, be established a body corporate to be known as the Transport Partnership with the addition of the name given to that region by the corresponding entry in column 1 of Schedule 1 to this Order. 4 Once established a Partnership may decide to change the name given to their region and if they so decide the Partnership shall notify the Scottish Ministers and its constituent councils of the change of name of the region. Constitution and membership of Partnerships 4 Schedule 2 to this Order (which makes provision as to the constitution and membership of each partnership) shall have effect. TAVISH SCOTT A member of the Scottish Executive St Andrew’s House, Edinburgh 30th November 2005
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 23 December 2005. Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 2 1 The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 are amended in accordance with the following paragraphs: 2 In regulation 2(1) (interpretation and application) insert each of the following definitions at the appropriate alphabetical place– “Patient Group Direction” has the meaning ascribed in Article 1(2) of the Prescription Only Medicines (Human Use) Order 1997 ; “supply form” means a form issued by a Board to record a supply of pharmaceutical services under the terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction) . 3 In Schedule 1 (terms of service for pharmacists)– a in paragraph 3 (provision of pharmaceutical services) i in sub paragraph (3A)(a) – aa for “National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 (“the 1989 Regulations ”)”, substitute “ National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 (“the 2001 Regulations ”)”; and bb for “National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 ”, substitute “National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003 ”; ii in sub paragraphs (3A)(b) and (3A)(c) for the references to “the 1989 Regulations” wherever they occur, substitute “the 2001 Regulations”; iii in sub paragraphs (3A)(a) and 3(A)(c) after the words “prescription form” wherever they appear, insert– or a supply form. ; iv in sub paragraph (11) , after “as specified in sub paragraph (1)” insert– or in accordance with the terms of a Patient Group Direction issued by a Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction). . b in paragraph 8 (method of payment)– i in sub-paragraph (1), after “prescription forms” insert– , supply forms ; ii in sub paragraph (7) after “prescription form” add– , or in respect of the supply of drugs or listed appliances in terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997, (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction). ; LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st December 2005
AGRICULTURE Citation, commencement and interpretation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Organic Aid (Scotland) Regulations 2004 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 2 (interpretation) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 3 (application) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 5 (conditions of eligibility for conversion grant) 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 6 (undertakings by applicants for conversion grants) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 8 (conditions of eligibility for maintenance grant) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 9 (undertakings by applicants for maintenance grants) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 14 (amounts of payments and claims) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 3 (payments of conversion grant) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of Schedule 3A (payments of conversion grant for any undertaking given under (i) these Regulations or (ii) the 1994 Regulations and given after 31st December 2002) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 6 (payments of capital grant) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Schedule 7 (payments of maintenance grant) 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CLEAN AIR Citation, commencement and extent 1 1 This Order may be cited as the Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2005 and comes into force on 1st January 2006. 2 This Order extends to Scotland only. Exempted classes of fireplace 2 The classes of fireplace described in column 1 of the Schedule to this Order which comply with the conditions specified in relation to each of them in column 2 of that Schedule are exempt from the provisions of section 20 (prohibition on emission of smoke in smoke control area) of the Clean Air Act 1993. Amendment of the Smoke Control Areas (Exempted Fireplaces) Order 1999 3 In the entry in the Schedule to the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1999 relating to The Dunsley Yorkshire Stove– a in column 1, for the existing entry substitute– The Dunsley Yorkshire Stove, the Dunsley Yorkshire Multifuel Stove and the Dunsley Yorkshire Multifuel Stove and Boiler manufactured by Dunsley Heat Limited ; and b in column 2, after ““A/22160”” insert– as amended by the manufacturer’s instructions dated 4th December 2004 bearing the reference “D13” with regard to the Stove and Multifuel Stove and by the manufacturer’s instructions dated 4th October 2004 bearing the reference “GHD/DUN4B/1” with regard to the Multifuel Stove and Boiler . RHONA BRANKIN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 30th November 2005
NATIONAL HEALTH SERVICE Citation and commencement 1 1 These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 3) Regulations 2005 and shall come into force on 23rd December 2005. 2 In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 . Amendment of the principal Regulations 2 1 The principal Regulations are amended in accordance with the following paragraphs. 2 In regulation 2(1) (interpretation) insert each of the following definitions at the appropriate alphabetical place– “Patient Group Direction” has the meaning ascribed in article 1, paragraph 2 of the Prescription Only Medicines (Human Use) Order 1997 (interpretation) ; “supply form” means a form issued by a Board to a chemist to record a supply of pharmaceutical services made to a patient under the terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction) . 3 In regulation 3(1)(supply of drugs and appliances by chemists) for “the prescription form” substitute “a prescription form or a supply form”. 4 In regulation 3(3) after “prescription form” insert “or in terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997. 5 In regulation 7(2)(a)(exemptions) after “prescription form” insert “or the supply form”. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st December 2005
CRIMINAL LAW Citation and commencement 1 This Order may be cited as the Victim Statements (Prescribed Courts) (Scotland) Revocation Order 2005 and shall come into force on the day after the day on which it is made. Revocation 2 The Victim Statements (Prescribed Courts) (Scotland) Order 2003 is hereby revoked. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th November 2005
ADULTS WITH INCAPACITY Citation and commencement 1 These Regulations may be cited as the Adults with Incapacity (Management of Residents' Finances) (Scotland) Regulations 2005 and shall come into force on 2nd December 2005. Amendment of list of authorised establishments 2 In section 35(1)(b) of the Adults with Incapacity Act 2000 (list of authorised establishments) , after the words “independent hospital” insert “or private psychiatric hospital”. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th November 2005
MENTAL HEALTH Citation and commencement 1 These Regulations may be cited as the Mental Health (Recall or Variation of Removal Order) (Scotland) Regulations 2006 and shall come into force on 6th February 2006. Person to be afforded the opportunity to be heard by sheriff 2 The persons prescribed for the purposes of section 295(5)(b) (recall or variation or removal order) of the Mental Health (Care and Treatment) (Scotland) Act 2003 are– a the mental health officer who applied for the removal order to which the application for an order recalling or varying that order relates; b the nearest relative of the person; c any guardian of the person; d any welfare attorney of the person; and e any primary carer of the person. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th January 2006
SOCIAL CARE Citation and commencement 1 1 This Order may be cited as the Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2005 and shall come into force on 1st January 2006. Amendment to the Regulation of Care (Social Service Workers) (Scotland) Order 2005 2 1 The Regulation of Care (Social Service Workers) (Scotland) Order 2005 is amended in accordance with this article. 2 In article 1(2) insert– a after the definition of “the Act”– “adult day care service” means a support service which consists of any form of care provided to persons who have attained the age of sixteen years on premises other than domestic premises, during the day (whether or not it is provided on a regular basis or commences or ends during the hours of daylight); “care home service for adults” means a care home service which is provided to persons who have attained the age of sixteen years; ; and b after the definition of “child”– “manager of an adult day care service” means a person who is employed in managing the provision of an adult day care service and is the manager of that adult day care service; “manager of a care home service for adults” means a person who is employed in managing the provision of a care home service for adults and is the manager of that care home service for adults; . 3 In article 2– a in paragraph (c)(ii) delete “or”; and b after paragraph (d) insert– e a manager of an adult day care service; or f a manager of a care home service for adults . ROBERT E BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th November 2005