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Changes over time for: Cross Heading: Head C – Trade and Industry
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 23/05/2016
Status:
Point in time view as at 01/08/2014.
Changes to legislation:
There are currently no known outstanding effects for the Scotland Act 1998, Cross Heading: Head C – Trade and Industry.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Head C – Trade and IndustryU.K.
C1. Business associationsU.K.
Section C1.
The creation, operation, regulation and dissolution of types of business association.
Exceptions
The creation, operation, regulation and dissolution of—
(a)
particular public bodies, or public bodies of a particular type, established by or under any enactment, and
Interpretation
“Business association” means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and “business” includes the provision of benefits to the members of an association.
C2. InsolvencyU.K.
Section C2.
In relation to business associations—
(a)
the modes of, the grounds for and the general legal effect of winding up, and the persons who may initiate winding up,
(b)
liability to contribute to assets on winding up,
(c)
powers of courts in relation to proceedings for winding up, other than the power to sist proceedings,
(d)
arrangements with creditors, and
(e)
procedures giving protection from creditors.
Preferred or preferential debts for the purposes of the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986, and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other such debts and the extent of their preference over other types of debt.
Regulation of insolvency practitioners.
Co-operation of insolvency courts.
Exceptions
In relation to business associations—
(a)
the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part,
(b)
the effect of winding up on diligence, and
(c)
avoidance and adjustment of prior transactions on winding up.
[In relation to business associations which are social landlords, the following additional exceptions–
(a)
the general legal effect of winding up,
(b)
procedures for the initiation of winding up,
(c)
powers of courts in relation to proceedings for winding up, and
(d)
procedures giving protection from creditors,
but only in so far as they relate to a moratorium on the disposal of property held by a social landlord and the management and disposal of such property.]
Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts.
Interpretation
“Business association” has the meaning given in Section C1 of this Part of this Schedule, but does not include any person whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 or any public body established by or under an enactment.
[“Social landlord” means a body which is–
(a)
[a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014] which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions, or
(b)
a company registered under the Companies Act 1985 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions.
“The relevant conditions” are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of–
(a)
houses to be kept available for letting,
(b)
houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or
“house” and “hostel” having the meanings given in section 338(1) of the Housing (Scotland) Act 1987.]
“Winding up”, in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.
C3. CompetitionU.K.
Section C3.
Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
Exception
Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services.
Interpretation
“The legal profession” means advocates, solicitors and qualified conveyancers and executry practitioners within the meaning of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
C4. Intellectual propertyU.K.
Section C4.
Exception
The subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).
C5. Import and export controlU.K.
Section C5.
The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939.
Prohibition and regulation of the import and export of endangered species of animals and plants.
Exceptions
Prohibition and regulation of movement into and out of Scotland of—
(a)
food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and
(b)
animal feeding stuffs, fertilisers and pesticides [(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985)]for the purposes of protecting human, animal or plant health or the environment.
[Interpretation
“Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004). ]
C6. Sea fishingU.K.
Section C6.
Regulation of sea fishing outside the Scottish zone (except in relation to Scottish fishing boats).
Interpretation
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.
C7. Consumer protectionU.K.
Section C7.
Exception
The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).
Interpretation
[ “Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004).
The reference to the subject-matter of section 16 of the Food Safety Act 1990 is to be construed as a reference to it as at 7th December 2004 (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference).]
C8. Product standards, safety and liabilityU.K.
Section C8.
Technical standards and requirements in relation to products in pursuance of an obligation under [EU] law.
[The national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems.]
Product safety and liability.
Product labelling.
Exceptions
Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides [(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985)].
In relation to food safety, materials which come into contact with food.
[Interpretation
“Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004). ]
C9. Weights and measuresU.K.
Section C9.
Units and standards of weight and measurement.
Regulation of trade so far as involving weighing, measuring and quantities.
C10. Telecommunications and wireless telegraphyU.K.
Section C10.
Exception
The subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.).
[C11 PostsU.K.
The subject matter of the Postal Services Act 2000. Exception
Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices. Interpretation
Paragraph 5(1) of Part III of this Schedule does not apply to this Section.
The reference to the subject matter of the Postal Services Act 2000 is to be read as a reference to the subject matter of that Act as at the date when it received Royal Assent.
“postal services” and “public post offices” have the same meaning as in the Postal Services Act 2000.]
C12. Research CouncilsU.K.
Section C12.
Research Councils within the meaning of the Science and Technology Act 1965.
The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils.
[The Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004.
The subject-matter of section 10 of that Act (research in arts and humanities) so far as relating to that Council.
Interpretation
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of section 10 of the Higher Education Act 2004; and the reference to the subject-matter of that section is to be construed as a reference to it as at the date that Act received Royal Assent.]
C13. Designation of assisted areasU.K.
Section C13.
The subject-matter of section 1 of the Industrial Development Act 1982.
C14. Industrial Development Advisory BoardU.K.
Section C14.
The Industrial Development Advisory Board.
C15. Protection of trading and economic interestsU.K.
Section C15.
The subject-matter of—
(a)
section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom),
(b)
Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and
(c)
the Protection of Trading Interests Act 1980.
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