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Last updated: 10 June 2024

SPBill20S052017

Disposal of land etc. by registered social landlords 3 Disposal of land or other assets by registered social landlord (1) The Housing (Scotland) Act 2010 is further amended as follows. 30 (2) In section 78 (effect of moratorium on disposal of registered social landlord’s land), in subsection (2)(b), for ―for which the Regulator’s consent is not required because of section 108‖ substitute ―of a type mentioned in paragraphs (a) to (g) and (i) to (k...
Last updated: 10 June 2024

Delegated Powers Climate Change Emissions Reduction Targets Scotland Bill

Subsection (1) provides that the “target-setting criteria” are the criteria mentioned in paragraphs (a) to (k) of that subsection. The first criterion is the objective of not exceeding the “fair and safe Scottish emissions budget”.
Last updated: 1 June 2023

Minimum core obligations concepts 31 May 2023

One of the most expansive interpretations is contained in CESCR General Comment 14 (right to health) in which the Committee gives an interpretative list with normative thresholds to define the MCO as follows: • access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalized groups; • access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone; • access to basic shelter, housing and sanitation, and an adequate supply of safe and potable water; • access to essential drugs, as from time to time defined under the WHO Action Programme on Essential Drugs; • the equitable distribution of all health facilities, goods and services; 8 • implementation of a national public health strategy and plan of action, inter alia. 9 1.6 This approach seeks to identify obligations of conduct and outcome orientated results in meeting the MCO of right to health whilst still allowing significant discretion to the state to 4 D Bilchitz, ‘Towards a Reasonable Approach to the Minimum Core: Laying the Foundations for Future Socio- Economic Rights Jurisprudence’ (South African Journal on Human Rights, 19 (2003)) 15 5 For a discussion on the different disciplinary perspectives on a minimum floor and the use of both absolute and relative standards see K...
Last updated: 1 February 2023

Post Budget 2023-24 Scrutiny follow up information from Cabinet Secretary 24 January 2023

The infographic provides an overview of how the model is used in Marine Scotland: 11 K ey aspects: • It enables us to prioritise and task our land, sea and aerial assets that cover a vast sea area in the most effective way. • We have the ability to flex and react immediately (both from intelligence and what we observe). • Evaluation of our intelligence and ...
Last updated: 22 September 2021

SPLCMS068

Provision in relation to Scottish Parliament and local government elections (in addition to reserved elections): k) to make it clearer in law what constitutes ‘undue influence’ of a voter (section 7) 29.
Last updated: 18 June 2020

SPBill56BS052020

Animal health offences: penalties 4 Fixed penalty notices for offences relating to animal health In the Animal Health Act 1981, after section 76 insert— 5 “76A Fixed penalty notices (1) The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences. (2) The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1). 10 (3) The offences which may be specified are offences— (a) under— (i) this Act, (ii) orders or regulations made under this Act (whether made before, on or after the coming into force of this section), 15 (iia) the Bees Act 1980, (iib) orders made under the Bees Act 1980 (whether made before, on or after the coming into force of this section), or (iii) another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the 20 Scottish Ministers consider relates to animal health, and (b) in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both). (3A) Regulations under subsection (1) may in particular include provision— 25 (a) subject to subsections (3C) and (3D), prescribing the form of a fixed penalty notice, (b) prescribing the persons or categories of persons who are authorised to issue fixed penalty notices, (c) conferring on the Scottish Ministers the power to authorise a person to 30 issue fixed penalty notices, (d) conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices, (e) about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to 35 issue such notices may do so), (f) about the circumstances in which fixed penalty notices may not be issued, (g) about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal), Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill 7 Chapte r 1—Animal welfare, animal health and wildlife: offences and penalties (h) prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale, (i) prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice), 5 (j) prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”), (k...
Date published: 21 November 2019

The Children (Scotland) Bill

In practice, approaches for section 11 cases include:2Morrison, F., Tisdall, K., Reid, A., & Warburton, J.
Last updated: 26 March 2024

SPBill45S062024

.: duty to consider delay to eviction 26 Assured tenancies: duty to consider delay to eviction 27 Protected tenancies and statutory tenancies: duty to consider delay to eviction Damages for unlawful eviction 28 Unlawful eviction: notification and damages P ART 3 K EEPING PETS AND MAKING CHANGES TO LET PROPERTY 29 Private residential tenancies: keeping pets ...
Last updated: 10 June 2022

SPBill09AS062022

(Scotland) Act 2008 (b) that, in the case of a vehicle or movable structure, the premises be detained, (c) that the premises be disinfected or decontaminated, (d) that the vector, agent or source of any infection or contamination be 5 removed, (e) that, in the case of a building, structure, mobile home or vehicle, the premises be destroyed. 86F Further provision on content of regulations (1) This section makes further provision about regulations under section 86A(1). 10 (2) The regulations may— 1 (a) confer functions on local authorities, health boards and other persons, (b) make different provision for different areas, (c) create offences, (d) modify any enactment (including this Act), 15 (e) enable a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances, provide for the carrying out and enforcement of restrictions and (f) requirements imposed by virtue of the regulations, 20 provide for appeals from and reviews of restrictions and requirements (g) imposed by virtue of the regulations, (h) permit or prohibit the levying of charges, (i) permit or require the payment of incentive payments and expenses, (j) permit the payment of compensation, 25 (k...
Last updated: 25 May 2022

SPBill15S062022

Registration process 83 Order in which applications are to be dealt with 20 The Keeper must deal with— (a) applications for registration of a statutory pledge under section 84, and (b) applications for registration of an amendment to a statutory pledge under section 86, in the order in which they are received. 25 84 Application for registration of statutory pledge (1) A secured creditor may apply to the Keeper for registration of a statutory pledge. (2) The Keeper must accept the application if— (a) it is submitted with a copy of the constitutive document, (b) it contains all the information the Keeper requires in accordance with section 81 30 to be able to make up an entry for the statutory pledge under section 85(1), (c) it conforms to such RSP Rules as relate to the application, and (d) either— (i) such fee as is payable for the registration is paid, or (ii) arrangements satisfactory to the Keeper are made for payment of that fee. 46 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 2—Register of Statutory Pledges (3) If the requirements of subsection (2) are not satisfied, the Keeper must reject the application and inform the applicant accordingly. 85 Registration of statutory pledge (1) On accepting an application made under section 84, the Keeper must— 5 (a) make up an entry for the statutory pledge (from the constitutive document, the information provided in the application and the circumstances of registration), (b) allocate a registration number to the entry (based on the order in which applications are dealt with), and (c) maintain the entry in the statutory pledges record. 10 (2) A statutory pledge is taken to be registered on the date and at the time entered for it 1 for the purposes of section 81(1)(k...

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