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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 367

ELECTRONIC COMMUNICATIONS

The Electronic Communications (Scotland) Order 2006

  Made 22nd June 2006 
  Coming into force in accordance with article 1(1)

The Scottish Ministers, considering that the authorisation of the use of electronic communications or electronic storage for any purpose is such that the extent (if any) to which records of things done for that purpose will be available will be no less satisfactory in cases where use is made of electronic communications or electronic storage than in other cases, in exercise of the powers conferred by sections 8 and 9 of the Electronic Communications Act 2000[1], and with the consent of the Secretary of State in accordance with section 9(7)(c) of that Act, make the following Order, a draft of which has been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and extent
     1. —(1) This Order may be cited as the Electronic Communications (Scotland) Order 2006 and comes into force on the day after the day on which it is made.

    (2) This Order extends to Scotland only.

Animals

Amendment to the Zoo Licensing Act 1981
    
2. After section 19A (directions) of the Zoo Licensing Act 1981[2], insert–

Amendments to the Deer (Scotland) Act 1996
     3. —(1) The Deer (Scotland) Act 1996[3] is amended in accordance with paragraphs (2) to (8).

    (2) After section 10(4) (emergency measures to prevent damage by deer), insert–

    (3) In section 15 (power to enter on land)–

    (4) In section 16 (service of notices)–

    (5) After section 26(2) (right of occupier in respect of deer causing serious damage to crops etc. on certain ground), insert–

    (6) In section 34 (records kept by venison dealers)–

    (7) After section 37(2) (restrictions on granting of certain authorisations), insert–

    (8) After section 40(2) (power of Commission to require return of number of deer killed), insert–

Amendment to the Education (Scotland) Act 1980
     4. After section 28K (information as to pupils) of the Education (Scotland) Act 1980[4], insert–

Amendment to the Education (Student Loans) (Scotland) Regulations 2000
     5. In regulation 6(11) (applications for loans) of the Education (Student Loans) (Scotland) Regulations 2000[6], omit "signed".

Water

Amendment to the Water (Fluoridation) Act 1985
     6. After section 1(2) (fluoridation of water supplies at request of health authorities) of the Water (Fluoridation) Act 1985[7], insert–

Gaelic Language

Amendment to the Gaelic Language (Scotland) Act 2005
     7. After section 10(1) (interpretation) of the Gaelic Language (Scotland) Act 2005[8], insert–

Fire and Rescue Services

Amendment to the Fire (Scotland) Act 2005
     8. After section 24 (notice of works affecting water supply and fire hydrants) of the Fire (Scotland) Act 2005[9], insert–


GEORGE LYON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
22nd June 2006



I consent


DAVID CAIRNS
Parliamentary Under Secretary of State Scotland Office Department of Constitutional Affairs

20th June 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes provision to enable electronic communications in a number of enactments.

It amends the Zoo Licensing Act 1981 to enable electronic communications to be used where there is a requirement in that Act to use writing, under the conditions in section 19B of that Act to be inserted by article 2.

It amends the Deer (Scotland) Act 1996 to enable certain things to be done electronically (article 3).

It inserts a new section into the Education (Scotland) Act 1980 to provide that: school placing requests made by parents; decisions and notifications made or issued by an education authority or by the education appeal committee; and representations made by a parent to an education appeal committee, in relation to placing requests, may be made or issued by means of electronic communications (article 4). Education authorities may refuse to accept placing requests submitted electronically until they have passed and published a resolution to accept them.

It amends regulation 6(11) of the Education (Student Loans) (Scotland) Regulations 2000 to remove a requirement for a declaration made by a student applying to borrow additional amounts to be signed, to facilitate the entire loan application process being available by electronic means (article 5).

It amends section 1(2) (fluoridation of water supplies at request of health authorities) of the Water (Fluoridation) Act 1985 to allow a health authority to write electronically to a statutory undertaker as an alternative to a paper based process (article 6).

It amends section 10(1) of the Gaelic Language (Scotland) Act 2005 to provide that anything required to be done in writing under that Act may be done by electronic communications (article 7).

It amends the Fire (Scotland) Act 2005 at section 24, to provide that the giving of notice in writing under section 24(1) and (3) may be by means of a document containing text that is received in a legible form, capable of being used for subsequent reference and sent by an electronic communication (article 8).


Notes:

[1] 2000 c.7 ("the 2000 Act"). By virtue of the modifications for Scotland in section 9(7) of the 2000 Act, the reference to the appropriate Minister in section 8 is to be read as a reference to the Secretary of State, and the powers of the Secretary of State may be exercised by the Scottish Ministers, with the consent of the Secretary of State. Section 15 contains a definition of "enactment" relevant to the exercise of the powers in this Order.back

[2] 1981 c.37. Section 19A was inserted by S.S.I. 2003/174, regulation 25.back

[3] 1996 c.58.back

[4] 1980 c.44. Section 28K was inserted by the Education (Schools) Act 1992 (c.38), section 17.back

[5] Sections 28A, 28B, 28D, 28E and 28H were inserted by the Education (Scotland) Act 1981 (c.58), section 1(1).back

[6] S.S.I. 2000/200, amended by S.S.I. 2001/311, 2004/469 and 2005/217, 341 and 572.back

[7] 1985 c.63.back

[8] 2005 asp 7.back

[9] 2005 asp 5.back



ISBN 0 11 070766 4


 © Crown copyright 2006

Prepared 3 July 2006


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