othertales/uklegislation huggingface dataset:
COUNCIL TAX Citation and commencement 1 These Regulations may be cited as the Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002. Amendment of the Council Tax (Dwellings and Part Residential Subjects) (Scotland) Regulations 1992 2 The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Regulations 1992 are amended in accordance with the following regulations. 3 In regulation 2 (interpretation)– a the definitions of “hostel”, “nursing home” and “residential care home” shall be omitted; b after the definition of “the Act” there shall be inserted– “care home service” has the same meaning as in sub-paragraph (2) of paragraph 8 of Schedule 1 to the Act ; . 4 In regulation 6 (definition of part residential subjects–exceptions) for paragraph (b) there shall be substituted– b any part of– i any building in which a care home service provides accommodation; or ii a private hospital; which is not used wholly or mainly as the sole or main residence of a person employed there. . 5 In paragraph 4 of Schedule 1 (definition of dwelling–inclusions–communal residential establishments) for sub-paragraphs (a) to (d) there shall be substituted– a any building in which a care home service provides accommodation; or b a private hospital, . PETER PEACOCK A member of the Scottish Executive St Andrew’s House, Edinburgh 7th March 2002
SOCIAL CARE Citation, commencement and interpretation 1 1 This Order may be cited as the Regulation of Care (Fees) (Scotland) Order 2002 and shall come into force on 1st April 2002. 2 In this Order– “ the Act ” means the Regulation of Care (Scotland) Act 2001; “other day care of children” means day care of children which is not small day care of children; “other support service” means a support service which is not a small support service; “small day care of children” means day care of children which does not employ more than three persons to provide and manage the service; “small support service” means a support service which does not employ more than three persons to provide and manage the service, and where a fee is expressed to be payable “per place”, the total fee payable in respect of a particular care service shall be the sum shown multiplied by the maximum number of persons to whom the care service may be provided in accordance with any condition for the time being in force in relation to registration of that care service under the Act. Maximum fees 2 For each of the care services listed in column 1 of the Schedule, the maximum fee which may be imposed by the Commission in respect of– a any application for registration under Part 1 or Part 2 of the Act is that shown in column 2 of the Schedule; b the annual continuation of such registration is that shown in column 3 of the Schedule; c any application made for the variation or removal of a condition for the time being in force in relation to any such registration is that shown in column 4 of the Schedule; and d any application for cancellation of any such registration is that shown in column 5 of the Schedule. Fees for new certificates 3 For each of the care services listed in column 1 of the Schedule, the maximum fee which may be imposed by the Commission in respect of issuing a new certificate of registration under section 24(2)(d) of the Act is £66. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 8th March 2002
COUNCIL TAX Citation and commencement 1 This Order may be cited as the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2002 and shall come into force on 1st April 2002. Amendment of Order 2 1 The Council Tax (Exempt Dwellings) (Scotland) Order 1997 shall be amended in accordance with the following provisions of this article. 2 In article 2 (interpretation), after the definition of “registered housing association”, there shall be inserted the following definition:– “registered social landlord” has the meaning given in section 111 of the Housing (Scotland) Act 2001 ; . 3 In paragraph 8(a) of Schedule 1 (dwellings awaiting demolition), after “authority”, there shall be inserted “, a registered social landlord”. PETER PEACOCK A member of the Scottish Executive St Andrew’s House, Edinburgh 7th March 2002
ADULTS WITH INCAPACITY Citation and commencement 1 These Regulations may be cited as the Adults with Incapacity (Non-compliance with Decisions of Welfare Guardians) (Scotland) Regulations 2002 and shall come into force on 1st April 2002. Form of application 2 An application for an order or warrant under section 70(1), or an order under section 70(2), of the Adults with Incapacity (Scotland) Act 2000 shall be in the form set out in the Schedule to these Regulations. Period for objection 3 The period for the purposes of section 70(3) of the Adults with Incapacity (Scotland) Act 2000 shall be 21 days beginning with the date of receipt of intimation under that subsection. JAMES R WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 5th March 2002
ADULTS WITH INCAPACITY Citation and commencement 1 These Regulations may be cited as the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 and shall come into force on 1st April 2002. Interpretation 2 Any reference in these Regulations– a to a numbered section is a reference to the section bearing that number in the Adults with Incapacity (Scotland) Act 2000; and b to a numbered Schedule is a reference to the Schedule bearing that number in these Regulations. Report from medical practitioner 3 The reports by medical practitioners under section 57(3)(a) in relation to an application for– a a guardianship order; b renewal of a guardianship order; or c an intervention order, shall be in the form set out in Schedule 1. Report from mental health officer 4 A report by the mental health officer under section 57(3)(b) in relation to an application for– a a guardianship order shall be in the form set out in Schedule 2; b renewal of a guardianship order shall be in the form set out in Schedule 3; and c an intervention order shall be in the form set out in Schedule 4. Report from chief social work officer 5 A report by the chief social work officer under section 57(3)(b) in relation to an application for– a a guardianship order shall be in the form set out in Schedule 5; b renewal of a guardianship order shall be in the form set out in Schedule 6; and c an intervention order shall be in the form set out in Schedule 7. Report from person with sufficient knowledge 6 A report, by a person with sufficient knowledge as to the matters referred to in section 57(3)(b)(i) and (ii), under section 57(3)(c) in relation to an application for– a a guardianship order shall be in the form set out in Schedule 8; b renewal of a guardianship order shall be in the form set out in Schedule 9; and c an intervention order shall be in the form set out in Schedule 10. JAMES R WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 5th March 2002
ELECTRICITY Citation and commencement 1 This Order may be cited as the Electricity from Non-Fossil Fuel Sources (Scotland) Savings Arrangements (Modification) Order 2002 and shall come into force on 31st March 2002. Modification of the Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001 2 The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001 shall be modified as follows:– a in article 2(1) after the definition of “adapted condition” insert the following definition:– “additional arrangements” means the arrangements listed in article 4A(2); ; and b after article 4 insert– 4A 1 Each supply successor company shall ensure that before 1st September 2002 it has produced evidence to the Authority and the Scottish Ministers that it has made the additional arrangements. 2 Each supply successor company shall be under a duty at all time during the order period to secure that the additional arrangements are complied with and shall not by any act or omission of his prevent any additional arrangements from securing the result mentioned in article 4A(3)(d). 3 The additional arrangements are that– a the benefits of certificates of any nature attaching to any electricity supplied to the supply successor company in terms of SRO Orders 1, 2 and 3 are realised by means of sale through a third party; b the proceeds of the sale (net of the fees and expenses of any third party) shall accrue to the supply successor company; c the proceeds of the original arrangements shall be offset against the costs incurred by the supply successor company of purchasing such electricity; and d the proceeds are audited and are taken into account in calculating the Fossil Fuel Levy in accordance with the Fossil Fuel Levy (Scotland) Regulations 1996 as amended. . ROSS FINNIE A member of the Scottish Executive St Andrews House, Edinburgh 6th March 2002
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Glasgow City Council and Renfrewshire Council Boundaries (Braehead) Amendment Order 2002 and shall come into force on 1st June 2002. Interpretation 2 In this Order– “the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and “boundary map” means the map prepared by the Local Government Boundary Commission for Scotland marked “The Glasgow City Council and Renfrewshire Council Boundaries (Braehead) Amendment Order 2002 Map” and deposited in accordance with regulation 3 of the 1977 Regulations; and, in the Schedule, any reference to an administrative boundary is a reference to a boundary existing immediately before the commencement of this Order. Application of the 1977 Regulations 3 The provisions of the 1977 Regulations shall apply in relation to the area change effected by this Order except insofar as they can have no application in relation to that change. Area change 4 That part of the area of Glasgow City Council which is described in the Schedule and shown delineated and hatched on the boundary map, shall be transferred to the area of Renfrewshire Council. Consequential changes of electoral arrangements 5 The area described in the Schedule (being the area transferred by article 4 of this Order)– a shall cease to form part of electoral ward 51 (Drumoyne) of the area of Glasgow City Council ; and b shall form part of electoral ward 27 (Deanside) of the area of Renfrewshire Council . PETER J PEACOCK Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 25th March 2002
ELECTRICITY Citation, commencement, interpretation and extent 1 1 This Order may be cited as the Electricity from Non-Fossil Fuel Sources (Locational Flexibility) (Scotland) Order 2002 and shall come into force on 31st March 2002. 2 In this Order “Scotland” has the meaning given to it in section 126(1) of the Scotland Act 1998 . 3 This Order extends to Scotland only. Modification of section 33 2 1 Section 33 of the Electricity Act 1989 shall be modified as set out in paragraph (2). 2 Subsection (7A) shall be replaced with the following:– 7A In this section, references to qualifying arrangements in relation to a supply successor company are to any arrangements which– a are new arrangements, as defined in the Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001 (“new arrangements”); or b would be new arrangements but for the fact that the parties to them have modified the arrangements by changing the location of the generating station which is the subject of the arrangements (“modified new arrangements”), and satisfy the requirements specified in subsection (7B) below, and which (in either case) satisfy such other requirements as may be specified in regulations made under this section. 7B The requirements mentioned in subsection (7A)(b) are that– a the new location of the generating station is anywhere within Scotland, including (unless the relevant SRO Order requires the generating station to be “on-shore”) any part of the territorial sea of the United Kingdom which is adjacent to Scotland; b planning permission and all necessary consents (including any necessary wayleave consents), servitudes and rights to enable the generating station to be constructed and operated at the new location in accordance with and as contemplated by the terms of the modified new arrangements have been obtained; c no generating station has been built pursuant to the arrangements prior to the change of location; d the modified new arrangements do not relate to a generating station built at the new location prior to the change of location; and e evidence of the modified new arrangements has been produced to the Authority. 7C For the purposes of subsection (7B)(a)– a the relevant SRO order is whichever of the Orders mentioned in subsection (7D) is the one pursuant to which the arrangements were first produced to the Director General of Electricity Supply (prior to the abolition of that office by section 1(3) of the Utilities Act 2000), in compliance with section 32 of this Act as originally enacted; and b the reference to the territorial sea of the United Kingdom which is adjacent to Scotland is to be construed in accordance with the Scotland Act 1998 . 7D The Orders referred to in subsection (7C)(a) are– a the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1994 ; b the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1997 ; or c the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1999 . . ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 6th March 2002
RATING AND VALUATION Citation and commencement 1 This Order may be cited as the Non-Domestic Rate (Scotland) Order 2002 and shall come into force on 1st April 2002. Non-domestic rate for 2002–2003 2 For the purposes of section 7B of the Local Government (Scotland) Act 1975, the Scottish Ministers prescribe a rate of 47.8 pence per pound as the non-domestic rate to be levied throughout Scotland in respect of financial year 2002–2003. ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 28th February 2002
NATIONAL ASSISTANCE SERVICES Citation, commencement and extent 1 1 These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2002 and shall come into force on 8th April 2002. 2 These Regulations extend to Scotland only. Sum needed for personal requirements 2 The sum which under section 22(4) of the National Assistance Act 1948, a local authority shall assume that a person will need for his or her personal requirements per week shall be £16.80 (the previous sum was £16.05 ). Revocation 3 The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2001 , are hereby revoked. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 4th March 2002
FIRE SERVICES Citation 1 This Order may be cited as the Police and Fire Services (Finance) (Scotland) Act 2001 (Commencement) Order 2002. Appointed day 2 11th March 2002 is the day appointed for the coming into force, so far as not already in force, of the Police and Fire Services (Finance) (Scotland) Act 2001. JAMES WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 4th March 2002
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 This Order may be cited as the Financial Assistance for Environmental Purposes (Scotland) Order 2002 and shall come into force on 26th March 2002. 2 This Order extends to Scotland only. Variation of section 153(1) of the Environmental Protection Act 1990 2 —Section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) is varied by adding after paragraph (mm)– nn any scheme for the storage, treatment or disposal of any material or product for the purpose of preventing or reducing environmental damage; . ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 5th March 2002
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002. Amendment of the Civil Legal Aid (Scotland) Regulations 1996 2 At the end of regulation 14A(2) of the Civil Legal Aid (Scotland) Regulations 1996 there is inserted– h an application is made to the sheriff under section 53(1) of the 2000 Act for an intervention order; i an application is made to the sheriff under section 57(1) of the 2000 Act for a guardianship order; j an application is made to the sheriff under section 71(1) of the 2000 Act for the replacement or removal of a guardian, or the recall or other termination of a guardianship order; and k an application is made to the sheriff under section 74(1) of the 2000 Act for variation of a guardianship order. . JAMES WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 5th March 2002
SHERIFF COURT Citation and commencement 1 This Act of Adjournal— a may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Anti-Terrorism, Crime and Security Act 2001) 2002; b shall come into force on 4 March 2002; and c shall be inserted in the Books of Adjournal. Amendment of the Criminal Procedure Rules 1996 2 In rule 43.2(1) (applications under the Terrorism Act 2000 or Anti-Terrorism, Crime and Security Act 2001) of the Criminal Procedure Rules 1996 , omit sub-paragraphs (f) to (j). W Douglas Cullen Lord Justice General, I.P.D. Edinburgh 1 March 2002
PUBLIC FINANCE AND ACCOUNTABILITY Citation, commencement and interpretation 1 1 This Order may be cited as the Public Finance and Accountability (Scotland) Act 2000 (Access to Documents and Information) (Relevant Persons) Order 2002 and shall come into force on 1st April 2002. 2 In this Order, “the 2000 Act ” means the Public Finance and Accountability (Scotland) Act 2000. Relevant persons 2 1 The persons and classes of person listed in Schedule 1 to this Order are specified under section 24(5) of the 2000 Act for the purpose of section 24(2) of the 2000 Act (access to documents and information for the purposes of the audit of an account under sections 21 and 22). 2 The persons and classes of person listed in Schedule 2 to this Order are specified under section 24(5) of the 2000 Act for the purpose of section 24(4) of the 2000 Act (access to documents and information for the purposes of an examination under section 23). ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 28th February 2002
PUBLIC FINANCE AND ACCOUNTABILITY Citation and commencement 1 This Order may be cited as the Public Finance and Accountability (Scotland) Act 2000 (Economy, efficiency and effectiveness examinations) (Specified bodies etc.) Order 2002 and shall come into force on 1st April 2002. Specified bodies etc. 2 The bodies or office-holders, and classes of bodies or office-holders, listed in the Schedule to this Order, are specified under section 23(2)(b) (bodies etc. specified for economy, efficiency and effectiveness examinations) of the Public Finance and Accountability (Scotland) Act 2000. ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 28th February 2002
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. 3) (Scotland) Order 2002 and shall come into force at 1700 hours on 1st March 2002. 2 In this Order– a “scallops” means scallops of the class of pecten maximus; and b “relevant time” means 0001 hours on 1st March 2002. Designated circumstances 2 In the opinion of the Scottish Ministers, scallops in the area 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 area 3 The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated area 4 No person shall fish for or take any scallops in the designated area. Prohibited movement of scallops 5 No person shall move any scallops out of the designated area. Restrictions 6 No person shall– a use any scallops taken out of the designated area 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 area after the relevant time; c supply, or have in possession for supply, any scallops which were in the designated area 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. MARY MULLIGAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st March 2002
EDUCATION Citation 1 This Order may be cited as the School Education (Amendment) (Scotland) Act 2002 (Commencement) Order 2002. Appointed day for the purposes of section 1 2 26th February 2002 is the day appointed for the coming into force of section 1 (placing requests: children under school age) of the School Education (Amendment) (Scotland) Act 2002. Appointed day for the purposes of section 2 3 22nd March 2002 is the day appointed for the coming into force of section 2 (provisions relating to the abolition of the post of assistant headteacher) of the School Education (Amendment) (Scotland) Act 2002. CATHY JAMIESON A member of the Scottish Executive Victoria Quay, Edinburgh 25th February 2002
EDUCATION Citation 1 This Order may be cited as the Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 5) Order 2002. Appointed Days 2 1 4th March 2002 is the day appointed for the coming into force of the following provisions of the Standards in Scotland’s Schools etc. Act 2000:– a section 32 (provision of education for pre-school children etc.); b section 33 (fees); c section 34 (guidance to education authorities as respects discharge of certain functions); d section 35 (provision of school education by persons other than education authorities); e section 36 (inspection of establishments other than schools); and f section 37 (provision of transport etc. by education authority). 2 1st April 2002 is the day appointed for the coming into force of section 39 (repeal of Part II of the Education (Scotland) Act 1996) of the Standards in Scotland’s Schools etc. Act 2000. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 24th February 2002