othertales/uklegislation huggingface dataset:
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 These Regulations may be cited as the Air Quality (Scotland) Amendment Regulations 2002 and shall come into force on the day after the day on which they are made. 2 These regulations extend to Scotland only. Amendment of the Principal Regulations 2 1 The Air Quality (Scotland) Regulations 2000 are amended as follows. 2 Regulation 3 (relevant periods) is renumbered as regulation 3(1). 3 In regulation 3(1)– a after “shall” there is inserted– , subject to paragraph (2) below, ; and b at the end there is inserted– 2 The relevant period for the purposes of Part IV of the 1995 Act in relation to an air quality objective prescribed or amended by the Air Quality (Scotland) Amendment Regulations 2002 shall be the period beginning with the date on which those regulations come into force. . 4 In the table in the Schedule to the Regulations (air quality objectives table)– a after the entry numbered 1 relating to Benzene there is inserted– 1A Benzene 3.25 micrograms per cubic metre or less, when expressed as a running annual mean 31st December 2010 ; b in the entry numbered 3 relating to Carbon Monoxide in the second column ( Air Quality Objectives ) for “11.6” there is substituted “10”; c after the entry numbered 8 relating to PM10 there is inserted– 8A PM10 50 micrograms per cubic metre or less when expressed as a 24 hour mean, not to be exceeded more than 7 times a year 31st December 2010 ; and d after the entry numbered 9 relating to PM10 there is inserted– 9A PM10 18 micrograms per cubic metre or less, when expressed as an annual mean 31st December 2010 . ALLAN WILSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th June 2002
SOCIAL CARE Citation, commencement and interpretation 1 1 These Regulations may be cited as the Community Care (Assessment of Needs) (Scotland) Regulations 2002 and shall come into force on 1st July 2002. 2 In these Regulations, except where the context otherwise requires– “the 1968 Act ” means the Social Work (Scotland) Act 1968 ; “ the Act ” means the Community Care and Health (Scotland) Act 2002; “care” means care of a kind mentioned in paragraphs (a) to (d) of section 1(1) of the Act; “care home service” has the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 ; “relevant person” means a person mentioned in section 12A(1) of the 1968 Act who– is in receipt of a care home service, provided or secured otherwise than by a local authority, including the provision of care and who was in receipt of that service immediately before 1st April 2002, has made a request (or on whose behalf a request has been made) before 1st July 2003 to the local authority for it to provide or secure provision of care to them, and in the case of a person in receipt of care which consists only of care of a kind mentioned in paragraphs (a), (b) or (c) of section 1(1) of the Act, is aged 65 or over. Transitional arrangement for those receiving a care home service 2 1 Section 12A(1) and (2) of the 1968 Act is modified in accordance with the following paragraphs of this regulation. 2 A local authority shall treat a relevant person as being a person who, for the purposes of section 12A(1) of the 1968 Act, may be in need of services and the duty of a local authority to make an assessment under paragraph (a) of that subsection shall not apply in respect of such a person. 3 On the making of the request referred to in the definition of “relevant person” in regulation 1(2) and where a local authority does not intend to make an assessment of that kind, the local authority shall decide that, pending any assessment that the local authority may later make, the needs of that person call for the provision of services and it shall regard that person as being in need of such care as the person is receiving from the care home service. 4 Where a local authority does not make an assessment before making a decision concerning the needs of a relevant person it may make a decision under section 12A(2) of the 1968 Act without consulting a medical practitioner. FRANCIS McAVEETY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th June 2002
SOCIAL CARE Citation, commencement and interpretation 1 1 These Regulations may be cited as the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 and shall come into force on 1st July 2002. 2 In these Regulations– “the 1968 Act ” means the Social Work (Scotland) Act 1968 ; “the 1984 Act ” means the Mental Health (Scotland) Act 1984 ; “ the Act ” means the Community Care and Health (Scotland) Act 2002. Accommodation provided under the 1968 Act or section 7 of the 1984 Act 2 For the purpose of section 2 of the Act, accommodation provided to or provision of which is secured for an individual by a local authority under the 1968 Act or section 7 of the 1984 Act does not include– a the first £145 per week of care of a kind mentioned in paragraphs (a), (b) and (c) of section 1(1) of the Act, and b the first £65 per week of care of a kind mentioned in paragraph (d) of section 1(1) of the Act. Qualification of requirement not to charge 3 The requirement in section 1(1) of the Act, not to charge for social care of a kind mentioned in paragraphs (a), (b) and (c) of that section shall apply only where the person, for whom the local authority has a duty or power in terms of the 1968 Act or section 7 or 8 of the 1984 Act, is a person aged 65 or over. FRANCIS McAVEETY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th June 2002
FOOD Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments to the Food (Control of Irradiation) Regulations 1990 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) (Amendment) 2002 and shall come into force on 1 July 2002. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of tables of fees 2 1 The tables of fees set out in the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992 shall be amended in accordance with the following sub-paragraphs. 2 For Schedule 1 (witnesses' fees) there shall be substituted the table of fees in the Schedule to this Act of Sederunt. 3 In Schedule 2 (shorthand writers' fees)– in paragraph 1 (attendance), for the amounts of £28.82 and £115.25 there shall be substituted the amounts of £29.76 and £119.00 respectively; a in paragraph 1 (attendance), for the amounts of £28.82 and £115.25 there shall be substituted the amounts of £29.76 and £119.00 respectively; b in paragraph 4 (transcripts), for the amounts of £4.72 and £5.77 there shall be substituted the amounts of £4.87 and £5.96 respectively; c in paragraph 5 (copies), for the amount of £0.39 there shall be substituted the amouint of £0.40. Saving 3 Paragraph 2 shall not affect fees chargeable for work done, or outlays incurred, before 1 July 2002. W DOUGLAS CULLEN Lord President, I.P.D. Edinburgh 7th June 2002
PESTICIDES Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Plant Protection Products Regulations 1995 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Plant Protection Products Amendment (No. 3) (Scotland) Regulations 2001 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Plant Protection Products Amendment (Scotland) Regulations 2002 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. 5) (Scotland) Order 2002 and shall come into force at 1630 hours on 24th June 2002. 2 In this Order– a “scallops” means scallops of the class of Pecten maximus; and b “relevant time” means 0001 hours on 24th June 2002. Designated circumstances 2 In the opinion of the Scottish Ministers, scallops in the areas designated in article 3 below may be affected by the toxin which causes amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed. Designated areas 3 The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated areas 4 No person shall fish for or take any scallops in the designated areas. Prohibited movement of scallops 5 No person shall move any scallops out of the designated areas. Restrictions 6 No person shall– a use any scallops taken out of the designated areas after the relevant time in the preparation or processing for supply of food and anything from which food could be derived; b land any scallops which were in waters in the designated areas after the relevant time; c supply, or have in possession for supply, any scallops which were in the designated areas after the relevant time; d supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article; or e feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article. GODFREY ROBSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 24th June 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. 6) (Scotland) Order 2002 and shall come into force at 1630 hours on 24th June 2002. 2 In this Order– a “scallops” means scallops of the species of Pecten maximus; and b “relevant time” means 0001 hours on 24th June 2002. Designated circumstances 2 In the opinion of the Scottish Ministers, scallops in the areas designated in article 3 below may be affected by the toxin which causes amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed. Designated area 3 The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated area 4 No person shall fish for or take any scallops in the designated areas. Prohibited movement of scallops 5 No person shall move any scallops out of the designated areas. Restrictions 6 No person shall– a use any scallops taken out of the designated areas after the relevant time in the preparation or processing for supply of food and anything from which food could be derived; b land any scallops which were in waters in the designated areas after the relevant time; c supply, or have in possession for supply, any scallops which were in the designated areas after the relevant time; d supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article; or e feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article. GODFREY ROBSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 24th June 2002
WATER Citation, commencement and extent 1 1 These Regulations may be cited as the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002, and shall come into force on 1st July 2002. 2 These Regulations extend to Scotland only. Interpretation 2 1 In these Regulations– “code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity which are aimed at reducing pollution by nitrates and which was issued by the Scottish Ministers on 11th March 2005, having been approved by virtue of the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 ; ... “the 1991 Directive” means Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources ; “ the 1996 Regulations” means the Protection of Water against Agricultural Nitrate Pollution (Scotland ) Regulations 1996 ; ... and any expressions used in the 1991 Directive have the same meaning as in that Directive. 2 Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations, and any reference in these Regulations to a numbered Article is to the Article so numbered in the 1991 Directive. Nitrate vulnerable zones 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publication of maps 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of good agricultural practice 5 The code of good agricultural practice shall have effect as the code of good agricultural practice established for the purposes of Article 4 of the Directive. Amendment of the 1996 Regulations 6 1 The 1996 Regulations are amended as follows. 2 In regulation 2(1) (interpretation)– a for the definition of “code of good agricultural practice ” there is substituted– “code of good agricultural practice” means those parts of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity Nitrogen and Phosphorous Supplement published in 2001 by the Scottish Executive which are aimed at reducing pollution by nitrates ; b the definition of “first nitrate vulnerable zone ” is omitted; and c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In regulation 6 (action programmes)– a in paragraph (3) the words “Subject to paragraph (3A) below,” are omitted; b paragraph (3A) is omitted; and c for paragraph (4), there is substituted– 4 An action programme shall be implemented within four years of its establishment. . Revocations and savings provision 7 1 Subject to paragraph (2), regulation 3(1) of and Schedule 4 to the 1996 Regulations are hereby revoked. 2 Notwithstanding the revocation of regulation 3(1) of and Schedule 4 to the 1996 Regulations, the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998 shall continue to apply to the area of land specified in paragraph 1 of Schedule 4 to the 1996 Regulations. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh
SEA FISHERIES Citation and commencement 1 This Order may be cited as the Loch Caolisport Scallops Several Fishery (Scotland) Order 2002 and shall come into force on 1st July 2002. Interpretation 2 In this Order– “the applicant” means Ormsary Farmers, a limited partnership constituted under the Limited Partnerships Act 1907 , having a place of business at Ormsary Estate Office, PO Box 7, Lochgilphead, Argyll, PA31 8JH; “creel” means a basket, small cage, pot, receptacle or container with one or more openings or entrances, which may be baited and is placed on the seabed for the purpose of catching shellfish; “the grantee” means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order; “the fishery” means the area of the bed of the sea at Loch Caolisport described in the Schedule to this Order. Right of several fishery 3 Subject to the following provisions of this Order, there is hereby conferred on the applicant for a period of 15 years beginning on the date on which this Order comes into force, the right of several fishery for scallops with respect to the whole of the area of the fishery. Restriction on harvesting 4 The right of several fishery conferred by article 3 above is subject to the restriction that the harvesting of scallops shall be carried out manually by divers. Permitted fishing implements 5 For the purposes of section 7(4)(a)(iii) of the Sea Fisheries (Shellfish) Act 1967 , a creel is specified as an implement of fishing the use of which is permitted within the fishery. Assignation 6 The grantee shall not, without the prior written consent of the Scottish Ministers (which consent may be given in electronic form), assign or in any other way transfer the right of several fishery to any other person. Marking of limits of fishery 7 The grantee shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair. Rights of the Crown 8 Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with, any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river, channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 6th June 2002
WATER Citation and commencement 1 This Order may be cited as the New Water and Sewerage Authorities Dissolution (Scotland) Order 2002 and shall come into force on 29th June 2002. Dissolution of authorities 2 29th June 2002 is hereby specified as the date on which the new water and sewerage authorities are dissolved. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 7th June 2002
AGRICULTURE Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment ( No. 2) Regulations 2001 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential revocations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SHERIFF COURT Citation and commencement 1 This Order may be cited as the Sheriff Court Fees Amendment Order 2002 and shall come into force on 1st July 2002. Amendment of Fees Order 2 1 The Sheriff Court Fees Order 1997 shall be amended in accordance with the following paragraphs. 2 For article 7 (exemption of certain persons from fees in simplified divorce applications) substitute– Exemption of certain persons from fees 7 1 A fee to which this article applies shall not be payable by a person– a who is in receipt of income support, working families' tax credit or disabled person’s tax credit under Part VII of the Social Security Contributions and Benefits Act 1992 ; b who is in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 ); c who is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986 in respect of the matter in the Table of Fees in connection with which the fee is payable; d where the fee is payable in connection with a simplified divorce application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application; or e where the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency. 2 This article applies to all fees regulated by this Order except– a the fees specified in Part I (Commissary proceedings) of the Table of Fees; and b in Part II (sheriff court proceedings) of the Table of Fees, the fee specified in paragraph 19 (petition for removal of disqualification). . 3 For the Table of Fees in Schedule 1 substitute the Table of Fees set out in the Schedule to this Order. JAMES WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 5th June 2002
NATIONAL HEALTH SERVICE Citation and commencement 1 These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2002 and shall come into force on 1st August 2002. Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996 2 In regulation 22(1) (statement of dental remuneration) of the National Health Service (General Dental Services) (Scotland) Regulations 1996 in the table– a in column 2, for “Allowance for practice improvements” there is substituted “Allowances and grants for practice improvements”; and b at the end of columns 1 and 2 respectively there is inserted “ XIII ” and “Recruitment and retention allowances”. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 6th June 2002
COURT OF SESSION Citation and commencement 1 This Order may be cited as the Court of Session etc. Fees Amendment Order 2002 and shall come into force on 1st July 2002. Amendment of Fees Order 2 1 The Court of Session etc. Fees Order 1997 shall be amended in accordance with the following paragraphs. 2 For article 5 (exemption of certain persons from fees in simplified divorce applications) substitute– Exemption of certain persons from fees 5 A fee regulated by this Order shall not be payable by a person– a who is in receipt of income support, working families' tax credit or disabled person’s tax credit under Part VII of the Social Security Contributions and Benefits Act 1992 ; b who is in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 ); c who is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986 in respect of the matter in the Table of Fees in connection with which the fee is payable; d where the fee is payable in connection with a simplified divorce application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) 1986 in respect of that application; or e where the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency. . 3 For the Table of Fees in Schedule 1 substitute the Table of Fees set out in the Schedule to this Order. JAMES WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 5th June 2002
SHERIFF COURT Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 2) 2002 and shall come into force on 1st July 2002. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Increase in fees 2 1 The Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 shall be amended in accordance with the following sub-paragraph. 2 In the Table of Fees, in the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, there is substituted the amounts specified in column 3. Saving 3 Paragraph 2 does not affect fees chargeable for work done, or outlays incurred, before 1 July 2002. W Douglas Cullen Lord President, I.P.D. Edinburgh 6th June 2002