othertales/uklegislation huggingface dataset:
HIGH COURT OF JUSTICIARY Citation 1 This Order may be cited as the Vulnerable Witnesses (Scotland) Act 2004 (Commencement No. 3, Savings and Transitional Provisions) Order 2006. Appointed day 2 1 1st April 2006 is the day appointed for the coming into force of the provisions of the Vulnerable Witnesses (Scotland) Act 2004 set out in column 1 of the table of commencements in the schedule to this Order. 2 The provisions referred to in paragraph (1) shall come into force only for the purposes set out in column 2 of the table of commencements in the schedule to this Order. Definitions 3 In this instrument– “the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995 ; and “the 2004 Act ” means the Vulnerable Witnesses (Scotland) Act 2004. Savings and Transitions 4 1 The provisions of the 2004 Act brought into force by this Order shall, in respect of solemn proceedings in the High Court and the sheriff court, apply only to solemn proceedings commenced on or after 1st April 2006, with proceedings being taken to have commenced when a report of the case has been received by the procurator fiscal. 2 Part 2 of the 2004 Act, commenced by this Order in respect of children’s hearings court proceedings, shall apply only in respect of hearings of relevant appeals and applications which have been lodged on or after 1st April 2006. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th February 2006
TOWN AND COUNTRY PLANNING Citation and extent 1 1 This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 1) (Scotland) Order 2006. 2 This Order extends to Scotland only. Appointed day 2 The provisions of the Planning and Compulsory Purchase Act 2004 which are specified in column 1 of the Schedule to this Order (and the subject matter of which is described in column 2 of that Schedule) shall come into force on 20th March 2006 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 3rd March 2006
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2005 Revocation Order 2006 and shall come into force at 1630 hours on 6th March 2006. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2005 is hereby revoked. PAM WHITTLE A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 6th March 2006
SEA FISHERIES Citation and commencement 1 This Order may be cited as the Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 2006 and shall come into force on 13th March 2006. Prohibition of fishing for cockles 2 Subject to articles 3 and 4, fishing for cockles ( Cerastoderma edule ) from or by means of any vehicle in Scottish inshore waters is prohibited. Excepted area 3 The prohibition in article 2 shall not apply to fishing for cockles within that part of Scottish inshore waters which lies within the area bounded by the mean high-water mark of ordinary spring tides, by a straight line extending due east from the Isle of Whithorn at a point at 54°41'46" North latitude and 04°22'00" West longitude and by the line referred to in article 3(b)(i) of the Scottish Adjacent Waters Boundaries Order 1999 . Exception for scientific investigation 4 The prohibition in article 2 shall not apply to fishing for cockles by, or authorised by, the Scottish Ministers for the purposes of scientific investigation. Revocations 5 The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1995 , The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Amendment Order 2001 and The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Amendment Order 2005 are revoked. JOHN MASON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 10th February 2006
PUBLIC HEALTH Citation and commencement 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation (Scotland) Order 2006 and shall come into force on 10th February 2006. 2 In this Order, the “ principal Order ” means the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 . Revocation 2 Part II of Schedule 1 to the principal Order is amended in accordance with the Schedule to this Order. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th February 2006
CRIMINAL LAW Citation 1 This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 1) Order 2006. Interpretation 2 In this Order “ the Act ” means the Management of Offenders etc. (Scotland) Act 2005. Commencement of the Act 3 1 The sections of the Act specified in Part 1 of the Schedule to this Order shall, subject to the provisions of paragraph (3), come into force on 8th February 2006. 2 The sections of the Act specified in Part 2 of the Schedule to this Order shall come into force on 3rd April 2006. 3 The provisions of section 15(10) of the Act shall come into force only for the purpose of enabling the Scottish Ministers to prescribe conditions as “standard conditions” for the purpose of section 12AA of the Prisoners and Criminal Proceedings (Scotland) Act 1993 . HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th February 2006
PUBLIC HEALTH Citation 1 This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 3) Order 2006. Appointed day 2 The day appointed for the coming into force of section 4 of the Smoking, Health and Social Care (Scotland) Act 2005, in so far as not already in force, is 7th February 2006. ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 6th February 2006
ANIMALS Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the TSE (Scotland) Regulations 2002 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WATER Citation 1 This Order may be cited as the Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 4) Order 2006. Appointed Day 2 6th March 2006 is hereby appointed the day on which the following provisions of the Water Environment and Water Services (Scotland) Act 2003 come into force:– a section 29; b section 32; and c section 33(1) insofar as it inserts definitions of “public SUD system”, “road water”, “SUD system” and “sustainable urban drainage system” into section 59(1) of the Sewerage (Scotland) Act 1968 . RHONA BRANKIN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th February 2006
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 and shall come into force on 1st April 2006. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of Child Care and Maintenance Rules 2 1 The Act of Sederunt (Child Care and Maintenance Rules) 1997 shall be amended in accordance with the following sub-paragraphs. 2 In rule 3.65 at the end there shall be inserted the following:– “vulnerable witness application” has the meaning given in section 12(6)(a) of the Act of 2004”. 3 After rule 3.69 there shall be inserted the following:– Vulnerable Witness Application 3.69A A vulnerable witness application made in accordance with section 12(6)(a) of the Act of 2004 shall be in Form 76A. 3.69B 1 The party making a vulnerable witness application shall intimate a copy of the vulnerable witness application to all other parties to the proceedings and to any safeguarder who has been appointed by the court and complete a certificate of intimation. 2 A certificate of intimation referred to in this rule shall be in Form 76B and shall be lodged together with the vulnerable witness application. 3.69C 1 On receipt of a vulnerable witness application a sheriff may– a make an order under section 12(6) of the Act of 2004 without holding a hearing; b require of any of the parties further information before making any further order; or c fix a date for a hearing of the vulnerable witness application and grant warrant to cite witnesses and havers. 2 The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate. 3 An order fixing a hearing for a vulnerable witness application shall be intimated by the sheriff clerk– a on the day the order is made; and b in such manner as may be prescribed by the sheriff, to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made. 4 In rule 3.72(2) , for “child” there shall be substituted “witness”. 5 In rules 3.73, 3.74 and 3.75(1) , after “12(1)” there shall be inserted “,12(6)”. 6 In Schedule 1– a after Form 76 there shall be inserted the forms set out in the Schedule to this Act of Sederunt; b in Form 77– i in paragraph 3, for “child” there shall be substituted “vulnerable”; and ii for paragraph 6 there shall be substituted the following:– 6 C.D. [and [the parent[s] of] or [person[s] with parental responsibility for] [C.D.]] has [or have] expressed the following view[s] on [the special measure[s] that is [or are] considered most appropriate] or [the appropriateness of [C.D.] giving evidence without the benefit of any special measures]:– (delete as appropriate and set out the view(s) expressed and how they were obtained); and c in Form 78, for “child” there shall be substituted “witness”. A C HAMILTON Lord President I.P.D. Edinburgh 24th February 2006
LICENCES AND LICENSING Citation, commencement and interpretation 1 1 This Order may be cited as the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 and shall come into force on the day after the day on which it is made. 2 In this Order– “ the 1982 Act ” means the Civic Government (Scotland) Act 1982; “ acupuncture ” means the insertion of needles into living tissue for remedial or therapeutic purposes; “ cosmetic body piercing ” means the perforation of the skin and underlying tissue in order to create a tunnel in the skin through which jewellery may be inserted; “ electrolysis ” means the removal of body hair by electrocution of the hair roots with an electrified needle; “regulated health care professional” means a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002; ... ... “ skin piercing ” includes any of the following– acupuncture; cosmetic body piercing; or electrolysis; and “ tattooing ” means the insertion into the skin of any colouring material designed to leave a semi-permanent or permanent mark including micro pigmentation. Licensing of activity 2 1 The activity specified in paragraph (2) is hereby designated as an activity for which a licence under Part I of the 1982 Act shall be required, but no such licence shall be required– a in respect of the carrying on of that activity before 1st April 2006; or b for the carrying on of that activity by a regulated health care professional. 2 The activity referred to in paragraph (1) is the carrying on of a business which provides skin piercing or tattooing. Application of Part I of the 1982 Act 3 Part I of the 1982 Act shall have effect, subject to the modifications specified in the Schedule, for the purposes of the licensing of the activity designated by article 2. Transitional provision 4 1 A person who on or after 1st April 2006 carries on the activity designated by article 2 without a licence under Part I of the 1982 Act shall not be guilty of an offence under section 7(1) of that Act if– a that person made application to the licensing authority before that date for the grant of a licence under Part I of that Act in respect of the activity being carried on by the person; and b that application has not yet been finally determined. 2 For the purposes of paragraph (1)(b), an application is finally determined– a when it is withdrawn by the applicant; b when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of Schedule 1 to the 1982 Act expires without an appeal against the refusal being made to the sheriff; c in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of. 3 For the purposes of paragraph (2)(c), an appeal is disposed of– a when it is abandoned by the appellant; b when a decision on it is made by the sheriff or a higher court and any period for making a subsequent appeal to a higher court expires without such a subsequent appeal being made. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 15) (Scotland) Order 2005 Revocation Order 2006 and shall come into force at 1630 hours on 1st February 2006. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 15) (Scotland) Order 2005 is hereby revoked. PAM WHITTLE A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 1st February 2006
WATER INDUSTRY Citation 1 This Order may be cited as the Water Services etc. (Scotland) Act 2005 (Commencement No. 2) Order 2006. Appointed day 2 The day appointed for the coming into force of the following provisions of the Water Services etc. (Scotland) Act 2005 is 10th February 2006– a section 25; and b section 26(12) insofar as it applies to section 25. RHONA BRANKIN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 1st February 2006
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2005 Revocation Order 2006 and shall come into force at 1630 hours on 30th January 2006. Revocation 2 The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2005 is hereby revoked. SARAH DAVIDSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 30th January 2006
NATIONAL HEALTH SERVICE Citation, commencement and interpretation 1 This Order may be cited as the National Health Service (Constitution of the Health Boards) (Scotland) Amendment Order 2006 and shall come into force on 1st April 2006. Dissolution of Argyll and Clyde Health Board and amendment of the National Health Service (Constitution of Health Boards) (Scotland) Order 2 1 Argyll and Clyde Health Board is hereby dissolved. 2 In the Schedule to the National Health Service (Constitution of Health Boards) (Scotland) Order 1974 – omit “Argyll and Clyde Health Board”. ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 26th January 2006
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 17) (Scotland) Order 2005 Revocation Order 2006 and shall come into force at 1530 hours on 16th February 2006. Revocation 2 The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 17) (Scotland) Order 2005 is hereby revoked. PAM WHITTLE A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 16th February 2006
LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2006 and shall come into force on 10th April 2006. Application 2 These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 10th April 2006. Amendment of the Civil Legal Aid (Scotland) Regulations 2002 3 In regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002 , for “£4,531” substitute “£4,653”. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th February 2006
HOUSING Citation and commencement 1 This Order may be cited as the Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2006 and shall come into force on 15th March 2006. General fund contribution limits 2 The amount of contribution out of their general fund which a local authority may estimate that they will carry to the credit of their housing revenue account for the year 2006–2007 shall be limited to nil. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 14th February 2006
HOUSING Citation and commencement 1 These Regulations may be cited as the Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2006 and shall come into force on 31st January 2006. Amendment of the Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 2 1 The Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 are amended in accordance with the following paragraphs. 2 At the end of regulation 1(2) insert– and “ HMO licence” means a licence issued under the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 . 3 In Schedule 2– a for paragraph 1(a) substitute “in all cases, starting with a principal fee of £55;”; b omit paragraph 2; c in paragraph 3 for “declared” substitute “specified”; d in paragraph 4– i after “2004 Act” insert– unless it is a house that is included in– a a current HMO licence; or b a current accreditation held by the applicant, where the accreditation is through a scheme approved by the local authority which includes an assessment of whether the applicant is fit and proper to be letting houses ; and ii at the end insert: Where the applicant has specified another person under section 83(1)(c) of the 2004 Act and that person is not registered or has not made a valid application to be registered under section 83 of the 2004 Act 100% of the principal fee MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 25th January 2006
PLANT HEALTH Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Potatoes Originating in Egypt (Scotland) Regulations 2004 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006 and shall come into force on 1st April 2006. Specification of certain Scottish public authorities 2 The Scottish public authorities specified for the purposes of Part 4 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 are those listed in the Schedule to these Regulations. GEORGE LYON Authorised to sign on behalf of the Scottish Ministers St Andrew’s House, Edinburgh 24th January 2006
ENVIRONMENTAL PROTECTION Citation 1 This Order may be cited as the Environmental Assessment (Scotland) Act 2005 (Commencement and Savings) Order 2006. Appointed day 2 Subject to article 3, the provisions of the Environmental Assessment (Scotland) Act 2005, so far as not then in force, shall come into force, for all purposes, on 20th February 2006. Savings 3 1 Notwithstanding the repeal of the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 by virtue of article 2 above, those Regulations shall continue to have effect, on and after 20th February 2006, as they had effect immediately before that date, in a case to which paragraph (2) below applies. 2 This paragraph applies in the case of a plan or programme in respect of which the first formal preparatory act (within the meaning of those Regulations) is on or before 19th February 2006. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 19th January 2006
NATIONAL HEALTH SERVICE Citation and commencement 1 This Order may be cited as the Primary Medical Services (Scotland) Act 2004 (Modification of the National Health Service (Scotland) Act 1978) Order 2006 and shall come into force on 1st February 2006. Modification of the National Health Service (Scotland) Act 1978 2 1 The National Health Service (Scotland) Act 1978 is modified as follows. 2 In section 17D (persons with whom agreements may be made) – a in subsection (1)(b)– i in sub-paragraph (iv) for “individual who is providing general medical services in accordance with Article 56 of the 1972 Order” substitute “Article 57 contract”; and ii in sub-paragraph (v) for first “arrangements or” substitute “arrangements,” and omit “personal medical services in accordance with”; and b in subsection (2) after the definition of “Article 15B employee” insert– “Article 57 contract” means a general medical services contract under Article 57 of the 1972 Order; . 3 In section 17L (eligibility to be a contractor under a general medical services contract) – a in subsection (2)(c)– i in sub-paragraph (vi) for “general medical services in accordance with Article 56 of the 1972 Order” substitute “an Article 57 contract”; and ii in sub-paragraph (vii) for first “arrangements or” substitute “arrangements,” and omit “personal medical services in accordance with”; and b in subsection (5) after ““Article 15B employee”,” insert ““Article 57 contract”,”. 4 In section 36(2) (accommodation and services) omit “general medical,”. 5 In section 64 (permission for use of facilities in private practice) – a before subsection (5)(a) insert– za persons providing primary medical services; and ; and b in subsection (6)(a) for “Part II” substitute “this Act”. 6 In Schedule 9 (additional provisions as to prohibition of sale of medical practices) – a in paragraph 1(2) (prohibition, and certificate of Practices Committee) for “practitioners of the medical practice for the provision by them of general medical services” substitute “person, under which, or in accordance with which, services as specified in section 35(1) are provided or performed,”; and b in paragraph 3 (carried-over goodwill) for “general medical services or personal medical services” substitute “or performed services as specified in section 35(1)”. ANDREW P KERR A member of the Scottish Executive St Andrew’s House, Edinburgh 24th January 2006