othertales/uklegislation huggingface dataset:
MENTAL HEALTH Citation, commencement and interpretation 1 1 These Regulations may be cited as the Mental Health (Patient Representation) (Prescribed Persons) (Scotland) (No. 2) Regulations 2004 and shall come into force on 4th October 2004. 2 In these Regulations– “care service” has the meaning given by subsection (1)(a), (b), (e), (g), (h) and (k) of section 2 of the Regulation of Care (Scotland) Act 2001 ; and “social worker” has the meaning given by section 77(1) of that Act. Prescribed persons 2 The following class is prescribed for the purposes of sections 250(7) and 253(6) of the Mental Health (Care and Treatment) (Scotland) Act 2003– a clinical psychologists entered on the British Psychological Society’s register of chartered psychologists; b medical practitioners; c occupational therapists registered with the Health Professions Council; d persons employed in the provision of (or in managing the provision of) a care service; e registered nurses; f social workers; and g solicitors. Revocation 3 The Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2004 are hereby revoked. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 30th September 2004
ENVIRONMENTAL PROTECTION Citation, commencement and extent 1 1 This Order may be cited as the Litter (Fixed Penalty Notices) (Scotland) Order 2004 and shall come into force on 5th November 2004. 2 This Order extends to Scotland only. Form of fixed penalty notice 2 A notice offering the opportunity of discharging any liability to conviction for an offence committed under section 87 of 1990 Act by payment of a fixed penalty shall be in the form prescribed in the Schedule to this Order. Revocation of Order 3 The Litter (Fixed Penalty Notices) Order 1991 insofar as it applies to Scotland shall be revoked. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 29th September 2004
PLANT HEALTH Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition against the introduction and spread of Phytophthora ramorum into and within Scotland 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imports of susceptible material originating in the USA 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Movement of susceptible material originating in the USA or any other third country 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Movement of susceptible material originating in Scotland and elsewhere in the European Union or Switzerland 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official registration 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plant passports 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phytosanitary certificates 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Implications of the issue of phytosanitary certificates or plant passports issued outside Scotland 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licences for scientific or research purposes 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Actions which may be required by an inspector 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Actions which may be taken by an inspector 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions as to notices 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ENVIRONMENTAL PROTECTION Citation and commencement 1 This Order may be cited as the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004 and shall come into force on 5th November 2004. Form of notice 2 A notice offering the opportunity, by paying a fixed penalty, of discharging any liability to conviction for an offence committed under section 33(1)(a) or (c) of the 1990 Act shall be in the form prescribed in the Schedule to this Order. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 29th September 2004
CRIMINAL LAW Citation and interpretation 1 1 This Order may be cited as the Antisocial Behaviour etc. (Scotland) Act 2004 (Commencement and Savings) Order 2004. 2 In this Order “ the Act ” means the Antisocial Behaviour etc. (Scotland) Act 2004. Appointed days 2 All the provisions of the Act, so far as not then in force, shall come into force, for all purposes, on 15th November 2005. 3 The provisions of the Act which are specified in column 1 of any of the Schedules to this Order and the subject matter of which are described in column 2 of that Schedule shall, so far as not then in force, come into force on the day appointed in relation to that Schedule in the Table below 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. TABLE Schedule Appointed day 1 28th October 2004 2 5th November 2004 3 1st December 2004 4 31st January 2005 5 4th April 2005 Savings 4 1 Notwithstanding the repeal of sections 19, 21 and 22 of the Crime and Disorder Act 1998 by virtue of article 3 above, those sections shall continue to have effect, on and after 28th October 2004, 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 any application for an antisocial behaviour order which is founded on acts or omissions which are alleged to have occurred before 28th October 2004. 3 Notwithstanding the commencement of section 100 of the Act by article 3 above, section 18(6)(a) of, and ground 15 of Schedule 5 to, the Housing (Scotland) Act 1988 shall continue to have effect, on and after 28th October 2004, as it had effect immediately before that date, in a case to which paragraph (4) below applies. 4 This paragraph applies in the case of any proceedings for recovery of possession where those proceedings found on acts or omissions which are alleged to have occurred before 28th October 2004. MARY MULLIGAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th September 2004
CRIMINAL LAW Citation and commencement 1 These Regulations may be cited as the Sale of Spray Paint (Display of Warning Statement) (Scotland) Regulations 2004 and shall come into force on 5th November 2004. Dimensions of notice exhibited at retail premises and size statement 2 The dimensions of the notice to be exhibited in accordance with section 123(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (requirement to display warning statement) shall be not less than 297 millimetres by not less than 210 millimetres and the size of the statement to be displayed on the notice shall be such that no character is less than 13 millimetres high. MARY MULLIGAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th September 2004
WATER SUPPLY Citation and commencement 1 This Order may be cited as the Scottish Water, Prevention of Water Pollution (Milngavie Waterworks) Byelaws Extension Order 2004 and shall come into force on 10th November 2004. Extension 2 The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Milngavie Waterworks) Byelaws 1993 are to remain in force is hereby extended to 11th May 2006. PHILIP WRIGHT A member of the staff of the Scottish Ministers Victoria Quay, Edinburgh 15th October 2004
PUBLIC HEALTH Citation, commencement and interpretation 1 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 4) (Scotland) Order 2004 and shall come into force at 1230 hours on 24th September 2004. 2 In this Order– a “scallops” means scallops of the species Pecten maximus ; and b “relevant time” means 0001 hours on 24th September 2004. 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. J BROWN A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 24th September 2004
AGRICULTURE Citation, commencement and extent 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PUBLIC PASSENGER TRANSPORT Citation and commencement 1 These regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2004 and shall come in to force on 1st November 2004. Amendment of the principal Regulations 2 1 The Public Service Vehicles (Registration of Local Services) (Scotland) Regulations 2001 are amended in accordance with this regulation. 2 In regulation 13(1)(a) and (2)(a), for “£10” substitute “£11”. 3 In regulation 13(1)(b) and (2)(b), for “£40” substitute “£45”. NICOL STEPHEN A member of the Scottish Executive St Andrew’s House, Edinburgh 23rd September 2004
CRIMINAL LAW Citation 1 This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 5) Order 2004. Commencement 2 Sections 16 and 17 of the Criminal Justice (Scotland) Act 2003 shall come into force on 1st November 2004. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 18th October 2004
CRIMINAL LAW Citation and extent 1 1 This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 11) (Scotland) Order 2004. 2 This Order extends to Scotland only. Interpretation 2 In this Order, “the 1999 Act ” means the Youth Justice and Criminal Evidence Act 1999. Appointed day 3 7th October 2004 is the day appointed for the coming into force of the following provisions of the 1999 Act:– a sections 46 (reports relating to adult witnesses) and 47 (reports relating to directions under Chapter I or II ), in so far as is necessary for the purposes of the prosecution in Scotland of an offence under section 49 of the 1999 Act; b sections 49(1) to (5) (offences), 50 (defences), 51 (offences committed by bodies corporate or Scottish partnerships) and 52 (decisions as to public interest for purposes of Chapter IV ), in so far as they have effect for the purposes of sections 46 and 47 of the 1999 Act; c paragraphs 6 to 13 of Schedule 2 (reporting restrictions: miscellaneous amendments) in so far as is necessary for the purposes of the prosecution in Scotland of an offence under section 5 of the Sexual Offences (Amendment) Act 1992 and section 48(d) of the 1999 Act in so far as it relates to those paragraphs; d paragraph 14 of Schedule 2 and section 48(d) in so far as it relates to that paragraph; e in Schedule 6 (repeals), the entry in relation to the Sexual Offences (Amendment) Act 1992 in so far as is necessary for the purposes of the prosecution in Scotland of an offence under section 5 of that Act, and section 67(3) of the 1999 Act in so far as it relates to that entry; and f paragraph 6 of Schedule 7 (transitional provisions and savings) in so far as it relates to section 46 of the 1999 Act, paragraph 1 of Schedule 7 in so far as it relates to paragraph 6 of that Schedule and section 67(4) in so far as it relates to those paragraphs. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 21st September 2004
NATURE CONSERVATION Citation 1 This Order may be cited as the Nature Conservation (Scotland) Act 2004 (Commencement) Order 2004. Commencement 2 The following provisions of the Nature Conservation (Scotland) Act 2004 shall come into force on 1st October 2004:– a section 15(2); b section 50 and schedule 6; c section 51; and d section 54. ALLAN WILSON Authorised to sign on behalf of the Scottish Ministers St Andrew’s House, Edinburgh 22nd September 2004
PUBLIC HEALTH Citation and commencement 1 This Order may be cited as the Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (No.2) (Scotland) Revocation Order 2004 and shall come into force at 1600 hours on 28th October 2004. Revocation 2 The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (No.2) (Scotland) Order 2004 is hereby revoked. J T BROWN A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 28th October 2004
INTERNATIONAL CRIMINAL COURT Citation and commencement 1 These Regulations may be cited as the International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Scotland) (Revocation) Regulations 2004 and shall come into force on 9th October 2004. Revocation 2 The International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Scotland) Regulations 2004 are hereby revoked. CATHY JAMIESON A member of the Scottish Executive St Andrew’s House, Edinburgh 6th October 2004
TITLE CONDITIONS Citation and commencement 1 This Order may be cited as the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Amendment Order 2004 and shall come into force on 7th October 2004. Additions to the list of prescribed conservation bodies 2 1 The Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 is amended in accordance with paragraph (2). 2 In Part II of the Schedule insert, in proper alphabetical order, the bodies listed in the Schedule to this Order. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 15th September 2004
AGRICULTURE Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DEBT Citation 1 This Order may be cited as the Debt Arrangement and Attachment (Scotland) Act 2002 (Commencement) Order 2004. Interpretation 2 In this Order “ the Act ” means the Debt Arrangement and Attachment (Scotland) Act 2002. Appointed days for Part 1 of the Act 3 1 The following provisions of the Act shall come into force on 24th September 2004:– a sections 2(3) and (4), 4(5), 5(3), 6(1) and 9(1) but only for the purpose of the prescribing of forms; and b sections 7 and 8. 2 Sections 1 and 3 of the Act, and sections 2, 4, 5, 6 and 9 of the Act, in so far as they are not already in force, shall come into force on 30th November 2004. HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 15th September 2004
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Scottish Network 2 Tourist Board Scheme Order 2004 and shall come into force on 1st December 2004. Interpretation 2 In this Order– “the existing schemes” means– the Aberdeen and Grampian Tourist Board Scheme 1995; the Angus and City of Dundee Tourist Board Scheme 1995; the Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board Scheme 1995; the Highlands and Islands Tourist Board Scheme 1995; the Kingdom of Fife Tourist Board Scheme 1995; the Orkney Tourist Board Scheme 1995; the Perthshire Tourist Board Scheme 1995; the Shetland Tourist Board Scheme 1995; and the Western Isles Tourist Board Scheme 1995; “the scheme” means the Scottish Network 2 Tourist Board Scheme 2004 set out in Schedule 1 to this Order; “the Board” means the Scottish Network 2 Tourist Board established under the scheme; “the existing Boards” means the Aberdeen and Grampian Tourist Board, the Angus and City of Dundee Tourist Board, the Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board; the Highlands and Islands Tourist Board, the Kingdom of Fife Tourist Board, the Orkney Tourist Boards, the Perthshire Tourist Board, the Shetland Tourist Board, and the Western Isles Tourist Board, established under the existing schemes; “local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994; and “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. The scheme 3 1 Subject to paragraph (2), the scheme shall have effect, as from 1st April 2005, for the establishment of the Board for the local government areas of Aberdeenshire, Aberdeen City, Moray, Angus, Dundee City, Argyll and Bute, Clackmannanshire, Dumbarton and Clydebank, Falkirk and Stirling, Highland, Fife, the Orkney Islands, Perthshire and Kinross, the Shetland Islands, and the Western Isles. 2 The scheme shall have effect from the date of coming into force of this Order in relation to– a the constitution of the Board; b the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 2005; and c any functions necessary to wind up the existing Boards on 1st April 2005. Revocations 4 The Orders specified in Schedule 2 to this Order shall be revoked with effect from 1st April 2005. FRANCIS McAVEETY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th September 2004
AGRICULTURE Citation and commencement 1 These Regulations may be cited as the Common Agricultural Policy Support Schemes (Modulation) (Scotland) Amendment Regulations 2004 and shall come into force on 16th October 2004. Amendment of the Common Agricultural Policy Support Schemes (Modulation) (Scotland) Regulations 2000 2 1 The Common Agricultural Policy Support Schemes (Modulation) (Scotland) Regulations 2000 are amended in accordance with this regulation. 2 In regulation 3– a before the definition of “the Agrimonetary Regulation”, insert– “the Act of Accession” means the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ; ; b at the end of the definition of “the Council Regulation” insert “, as amended by Commission Regulation ( EC ) 41/2004 and the Act of Accession ”; c in each of the definitions of “farmer” and “holding”, for “Article 10(a) of the Council Regulation” and “Article 10(b) of the Council Regulation” respectively substitute “Article 1(3) of Council Regulation ( EEC ) 3508/92 establishing common rules for direct support schemes under the common agricultural policy of the European Community, as amended ”; and d at the end of the definition of “the Rural Development Regulation” insert “, as amended by Commission Regulation (EC) 1783/2003 , the Act of Accession and Council Regulation (EC) 583/2004 .”. 3 In regulation 5(b), for “Articles 13 to 21” substitute “Articles 13 to 20”. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh 15th September 2004
LOCAL GOVERNMENT Citation and commencement 1 This Order may be cited as the Scottish Network 1 Tourist Board Scheme Order 2004 and shall come into force on 1st December 2004. Interpretation 2 In this Order– “the existing schemes” means– the Edinburgh and Lothians Tourist Board Scheme 1995; the Dumfries and Galloway Tourist Board Scheme 1995; the Greater Glasgow and Clyde Valley Tourist Board Scheme 1995; the Scottish Borders Tourist Board Scheme 1995; and the Ayrshire and Arran Tourist Board Scheme 1995; “the scheme” means the Scottish Network 1 Tourist Board Scheme 2004 set out in Schedule 1 to this Order; “the Board” means the Scottish Network 1 Tourist Board established under the scheme; “the existing Boards” means the Edinburgh and Lothians Tourist Board, the Dumfries and Galloway Tourist Board, the Greater Glasgow and Clyde Valley Tourist Board, the Scottish Borders Tourist Board, and the Ayrshire and Arran Tourist Board, established under the existing schemes; “local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994; and “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. The scheme 3 1 Subject to paragraph (2), the scheme shall have effect, as from 1st April 2005, for the establishment of the Board for the local government areas of City of Edinburgh, East Lothian, Midlothian, West Lothian, Dumfries and Galloway, City of Glasgow, East Dunbartonshire, East Renfrewshire, Inverclyde, North Lanarkshire, Renfrewshire, South Lanarkshire, Scottish Borders, East Ayrshire, North Ayrshire and South Ayrshire. 2 The scheme shall have effect from the date of coming into force of this Order in relation to– a the constitution of the Board; b the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 2005; and c any functions necessary to wind up the existing Boards on 1st April 2005. Revocations 4 The Orders specified in Schedule 2 to this Order shall be revoked with effect from 1st April 2005. FRANCIS McAVEETY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th September 2004
FOOD Citation, commencement and extent 1 1 These Regulations may be cited as the Food Safety (General Food Hygiene) Amendment (Scotland) Regulations 2004 and shall come into force on 7th October 2004. 2 These Regulations extend to Scotland only. Amendment of the Food Safety (General Food Hygiene) Regulations 1995 2 1 The Food Safety (General Food Hygiene) Regulations 1995 are amended in accordance with paragraph (2). 2 In regulation 2(1) (interpretation), for the definition of “list of acceptable previous cargoes for liquid oils or fats” substitute– “list of acceptable previous cargoes for liquid oils or fats” means the list set out in the Annex to Commission Directive 96/3/ EC granting a derogation from certain provisions of Council Directive 93/43/ EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea as amended by Commission Directive 2004/4/EC amending Directive 96/3/EC granting a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea; . TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th September 2004