Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

1985 c. 73

An Act to amend the law of Scotland in respect of certain leases, other contracts and obligations; certain courts and their powers; evidence and procedure; certain criminal penalties; the care of children; the functions of the Commissioner for Local Administration; solicitors; and certain procedures relating to crofting and the valuation of sheep stocks; and to make, as respects Scotland, certain other miscellaneous reforms of the law.

Enacted[30th October 1985]

^X1^I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Provisions relating to leases¶

1 Limitation on use of property held on long lease not to apply to property held on certain renewable leases.¶

In subsection (4) of section 8 of the ^M1Land Tenure Reform (Scotland) Act 1974 (property on long lease not to be used as private dwelling house) in the definition of “long lease” there shall be inserted at the end the following—

2 Power of sheriff to grant renewals of certain long leases.¶

After section 22 of the ^M2Land Registration (Scotland) Act 1979 there shall be inserted the following section—

22A Power of sheriff to grant renewals of certain long leases.

1 Where a landlord has failed to renew a long lease in implement of an obligation in or under it, the sheriff may, on summary application by the tenant, make an order directing the sheriff clerk to execute a renewal of the lease instead of the landlord.

2 On making an order under subsection (1) above, the sheriff may require the tenant to consign in court such amount (whether by way of rent or expenses or otherwise) in respect of the lease and its renewal as appears to the sheriff to be lawfully due and payable or appears to him would have been so due and payable had the landlord duly renewed the lease.

3 A renewal executed under this section shall have the like force and effect as if it were executed by the landlord.

4 Without prejudice to subsection (7)(a) below, a landlord shall be regarded, for the purposes of subsection (1) above, as having failed to renew a lease in implement of an obligation in or under it if, having been given written notice in accordance with subsection (5) below by the tenant that he requires the landlord, in implement of the obligation, to renew the lease, the landlord has failed to do so when he was obliged to and continues so to fail.

5 Notice is in accordance with this subsection if it is given not less than 3 months before the lodging of the summary application.

6 Subsection (4) above is subject to subsection (7)(b) below and to any provision in or under the lease for earlier, or a longer period of, notice requiring renewal of the lease than that mentioned in subsection (5) above.

7 If the sheriff is satisfied that a landlord is unknown or cannot be found, he may—

a in a case where the tenant is thereby prevented from bringing the landlord, in accordance with the lease, under an obligation to renew it, order that the landlord shall be regarded, for the purposes of subsection (1) above, as having failed to renew the lease in implement of an obligation under it; and

b in any other case, dispense with notice under subsection (4) above.

8 The sheriff may, on the application of any party, order the investment, payment or distribution of any sums consigned in court under subsection (2) above, and in so doing the sheriff shall have regard to the respective interests of any parties appearing to have a claim on such sums.

9 The sheriff’s power under subsection (8) above extends to ordering that any award of expenses of the application under this section be paid out of any sums consigned in court under subsection (2) above.

3 Creation of real conditions in assignations of certain long leases.¶

Section 3 of the ^M3Registration of Leases (Scotland) Act 1857 (assignations of recorded leases) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted the following subsections—

2 Notwithstanding—

a any restriction imposed by subsection (1) above on the power under that subsection to assign such a lease; or

b any rule of law to the contrary,

it shall be, and shall be deemed always to have been, competent in an assignation under this section to impose conditions and make stipulations which, upon the recording of such assignation or the registration under the Land Registration (Scotland) Act 1979 of the assignee’s interest, shall be as effectual against any singular successor of the assignee in the subjects assigned as if such assignee had been a grantee of the lease and it had been duly recorded or, as the case may be, the grantee’s interest had been so registered.

3 Nothing in subsection (2) above makes effectual against any successor of the assignee any obligation of periodical payment other than a payment—

a of rent or of an apportionment of rent;

b in defrayal of a contribution towards some continuing cost related to the lands and heritages subject to the lease assigned; or

4 A provision in an assignation which purports to make effectual against any successor of the assignee any obligation of periodic payment other than one specified in paragraphs (a) to (c) of subsection (3) above shall not render the deed void or unenforceable, but the assignation shall have, and shall be deemed always to have had, effect only to the extent (if any) that it would have had effect if it had not imposed such obligation.

5 Section 32 of the Conveyancing (Scotland) Act 1874 (which enables reservations, conditions, covenants etc. affecting lands to be effectually imported into one deed by reference to another) and section 17 of the Land Registration (Scotland) Act 1979 (which provides that certain obligations in deeds of conditions shall become real obligations upon the recording of the deed or registration of the obligation) shall, with the necessary modifications, respectively apply for the purposes of enabling conditions and stipulations to be effectually imported into any assignation under this section and enabling land obligations in a deed of conditions relating to the land subject to the assignation to become real obligations affecting the land.In this subsection “land obligation” has the meaning assigned to it by section 1(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970.

^C1^C144 Irritancy clauses etc. relating to monetary breaches of lease.¶

1 A landlord shall not, for the purpose of treating a lease as terminated or terminating it, be entitled to rely—

a on a provision in the lease which purports to terminate it, or to enable him to terminate it, in the event of a failure of the tenant to pay rent, or to make any other payment, on or before the due date therefor or such later date or within such period as may be provided for in the lease; or

b on the fact that such a failure is, or is deemed by a provision of the lease to be, a material breach of contract,

unless subsection (2) or (5) below applies.

2 This subsection applies if—

a the landlord has, at any time after the payment of rent or other payment mentioned in subsection (1) above has become due, served a notice on the tenant—

i requiring the tenant to make payment of the sum which he has failed to pay together with any interest thereon in terms of the lease within the period specified in the notice; and

ii stating that, if the tenant does not comply with the requirement mentioned in sub-paragraph (i) above, the lease may be terminated; and

b the tenant has not complied with that requirement.

3 The period to be specified in any such notice shall be not less than—

a a period of 14 days immediately following the service of the notice; or

b if any period remaining between the service of the notice and the expiry of any time provided for in the lease or otherwise for the late payment of the sum which the tenant has failed to pay is greater than 14 days, that greater period.

4 Any notice served under subsection (2) above shall be sent by recorded delivery and shall be sufficiently served if it is sent to the tenant’s last business or residential address in the United Kingdom known to the landlord or to the last address in the United Kingdom provided to the landlord by the tenant for the purpose of such service.

5 This subsection applies if the tenant does not have an address in the United Kingdom known to the landlord and has not provided an address in the United Kingdom to the landlord for the purpose of service.

^C2^C145 Irritancy clauses etc. not relating to monetary breaches of leases.¶

1 Subject to subsection (2) below, a landlord shall not, for the purpose of treating a lease as terminated or terminating it, be entitled to rely—

a on a provision in the lease which purports to terminate it, or to enable the landlord to terminate it, in the event of an act or omission by the tenant (other than such a failure as is mentioned in section 4(1)(a) of this Act) or of a change in the tenant’s circumstances; or

b on the fact that such act or omission or change is, or is deemed by a provision of the lease to be, a material breach of contract,

if in all the circumstances of the case a fair and reasonable landlord would not seek so to rely.

2 No provision of a lease shall of itself, irrespective of the particular circumstances of the case, be held to be unenforceable by virtue of subsection (1) above.

3 In the consideration, for the purposes of subsection (1)(a) or (b) above, of the circumstances of a case where—

a an act, omission or change is alleged to constitute a breach of a provision of the lease or a breach of contract; and

b the breach is capable of being remedied in reasonable time,

regard shall be had to whether a reasonable opportunity has been afforded to the tenant to enable the breach to be remedied.

^C3^C146 Supplementary and transitional provisions relating to sections 4 and 5.¶

1 The parties to a lease shall not be entitled to disapply any provision of section 4 or 5 of this Act from it.

2 Where circumstances have occurred before the commencement of sections 4 and 5 of this Act which would have entitled a landlord to terminate a lease in reliance on a provision in the lease or on the ground that the circumstances constituted a material breach of contract, but the landlord has not before such commencement given written notice to the tenant of his intention to terminate the lease in respect of those circumstances, he shall, after such commencement, be entitled to terminate the lease in respect of those circumstances only in accordance with the provisions of section 4 or 5 (as the case may be) of this Act.

3 Nothing in section 4 or 5 of this Act shall apply in relation to any payment which has to be made, or any other condition which has to be fulfilled, before a tenant is entitled to entry under a lease.

^C4^C147 Interpretation of sections 4 to 6.¶

1 In sections 4 to 6 of this Act “lease” means a lease of land, whether entered into before or after the commencement of those sections, but does not include a lease of land—

a used wholly or mainly for residential purposes; ^F34...

b comprising ^F34... a croft, the subject of a cottar or the holding of a landholder or a statutory small tenant; or

c where the lease is an agricultural lease.

2 In subsection (1) above—

“agricultural lease” means a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act);
“cottar” has the same meaning as in section 28(4) of the ^M4Crofters (Scotland) Act 1955;
“croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1955; and
“holding” (in relation to a landholder or statutory small tenant), “landholder” and “statutory small tenant” have the same meanings as in the Small Landholders (Scotland) Acts 1886 to 1931.

Provisions relating to other contracts and obligations¶

^C5^C68 Rectification of defectively expressed documents.¶

1 Subject to section 9 of this Act, where the court is satisfied, on an application made to it, that—

a a document intended to express or to give effect to an agreement fails to express accurately the common intention of the parties to the agreement at the date when it was made; or

b a document intended to create, transfer, vary or renounce a right, not being a document falling within paragraph (a) above, fails to express accurately the intention of the grantor of the document at the date when it was executed,

it may order the document to be rectified in any manner that it may specify in order to give effect to that intention.

2 For the purposes of subsection (1) above, the court shall be entitled to have regard to all relevant evidence, whether written or oral.

3 Subject to section 9 of this Act, in ordering the rectification of a document under subsection (1) above (in this subsection referred to as “the original document”), the court may, at its own instance or on an application made to it and in either case after calling all parties who appear to it to have an interest, order the rectification of any other document intended for any of the purposes mentioned in paragraph (a) or (b) of subsection (1) above which is defectively expressed by reason of the defect in the original document.

3A If a document is registered in the Land Register of Scotland in favour of a person acting in good faith then, unless the person consents to rectification of the document, it is not competent to order its rectification under subsection (3) above.

4 Subject to sections 8A and 9(4) of this Act, a document ordered to be rectified under this section shall have effect as if it had always been so rectified.

5 Subject to section 9(5) of this Act, where a document recorded in the Register of Sasines is ordered to be rectified under this section and the order is likewise recorded, the document shall be treated as having been always so recorded as rectified.

6 Nothing in this section shall apply to a document of a testamentary nature.

7 It shall be competent to register in the Register of Inhibitions and Adjudications, a notice of an application under this section for the rectification of a deed relating to land, being an application in respect of which authority for service or citation has been granted; and the land to which the application relates shall be rendered litigious as from the date of registration of such a notice except that this subsection is subject to subsection (8A) below..

8 A notice under subsection (7) above shall specify the names and designations of the parties to the application and the date when authority for service or citation was granted and contain a description of the land to which the application relates.

8A A notice under subsection (7) above registered on or after the date on which section 67 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (warrant to place a caveat) comes into force shall not have any effect in rendering litigious any land for which there is a title sheet in the Land Register of Scotland or in placing in bad faith any person acquiring such land.

9 In this section and section 9 of this Act “the court” means the Court of Session or the sheriff.

8A Registration of order for rectification¶

An order for rectification made under section 8 of this Act in respect of a document which has been registered in the Land Register of Scotland—

a may be registered in that register, and

b does not have real effect until so registered.

9 Provisions supplementary to section 8: protection of other interest.¶

1 The court shall order a document to be rectified under section 8 of this Act only where it is satisfied—

a that the interests of a person to whom this section applies would not be adversely affected to a material extent by the rectification; or

b that that person has consented to the proposed rectification.

2 Subject to subsections (2A) and (3) below, this section applies to a person (other than a party to the agreement or the grantor of the document) who has acted or refrained from acting in reliance on the terms of the document ^F52... with the result that his position has been affected to a material extent.

2A This section does not apply where the document to be rectified is a deed registered in the Land Register of Scotland.

3 This section does not apply to a person—

a who, at the time when he acted or refrained from acting as mentioned in subsection (2) above, knew, or ought in the circumstances known to him at that time to have been aware, that the document ^F53... failed accurately to express the common intention of the parties to the agreement or, as the case may be, the intention of the grantor of the document; or

b whose reliance on the terms of the document ^F54... was otherwise unreasonable.

4 Notwithstanding subsection (4) of section 8 of this Act and without prejudice to subsection (5) below, the court may, for the purpose of protecting the interests of a person to whom this section applies, order that the rectification of a document shall have effect as at such date as it may specify, being a date later than that as at which it would have effect by virtue of the said subsection (4).

5 Notwithstanding subsection (5) of section 8 of this Act and without prejudice to subsection (4) above, the court may, for the purpose of protecting the interests of a person to whom this section applies, order that a document as rectified shall be treated as having been recorded as mentioned in the said subsection (5) at such date as it may specify, being a date later than that as at which it would be treated by virtue of that subsection as having been so recorded.

^F556 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Where a person to whom this section applies was unaware, before a document was ordered to be rectified under section 8 of this Act, that an application had been made under that section for the rectification of the document, the Court of Session, on an application made by that person within the time specified in subsection (8) below, may—

a reduce the rectifying order; or

b order the applicant for the rectifying order to pay such compensation to that person as it thinks fit in respect of his reliance on the terms of the document or on the title sheet.

8 The time referred to in subsection (7) above is whichever is the earlier of the following—

a the expiry of 5 years after the making of the rectifying order;

b the expiry of 2 years after the making of that order first came to the notice of the person referred to in that subsection.

10 Negligent misrepresentation.¶

1 A party to a contract who has been induced to enter into it by negligent misrepresentation made by or on behalf of another party to the contract shall not be disentitled, by reason only that the misrepresentation is not fraudulent, from recovering damages from the other party in respect of any loss or damage he has suffered as a result of the misrepresentation; and any rule of law that such damages cannot be recovered unless fraud is proved shall cease to have effect.

2 Subsection (1) applies to any proceedings commenced on or after the date on which it comes into force, whether or not the negligent misrepresentation was made before or after that date, but does not apply to any proceedings commenced before that date.

3 This section does not entitle a person to be paid damages in respect of a misrepresentation if the person has a right to redress under Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 ( SI 2008/1277 ) in respect of the conduct constituting the misrepresentation.

4 Subsection (3) does not prevent a debtor from bringing a claim under section 75(1) of the Consumer Credit Act 1974 against a creditor under a debtor-creditor-supplier agreement in a case where, but for subsection (4), the debtor would have a claim against the supplier in respect of a misrepresentation (and, where section 75 of that Act would otherwise apply, it accordingly applies as if the debtor had a claim against the supplier).

11 Amendment of Bills of Exchange Act 1882 as respects countermanded cheques.¶

In the Bills of Exchange Act 1882—

a at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

b after section 75 there shall be inserted the following section—

12 Limitation of defamation and other actions.¶

1 The ^M5Prescription and Limitation (Scotland) Act 1973 shall be amended in accordance with the following provisions of this section.

2 After section 18 of that Act there shall be inserted the following section—

18A Limitation of defamation and other actions.

1 Subject to subsections (2) and (3) below and section 19A of this Act, no action for defamation shall be brought unless it is commenced within a period of 3 years after the date when the right of action accrued.

2 In the computation of the period specified in subsection (1) above there shall be disregarded any time during which the person alleged to have been defamed was under legal disability by reason of nonage or unsoundness of mind.

3 Nothing in this section shall affect any right of action which accrued before the commencement of this section.

4 In this section—

a “defamation” includesconvicium and malicious falsehood, and “defamed” shall be construed accordingly; and

b references to the date when a right of action accrued shall be construed as references to the date when the publication or communication in respect of which the action for defamation is to be brought first came to the notice of the pursuer.

3 In section 19A(1) of that Act (power of court to override time limits) after “18” there shall be inserted the words “ and 18A ”.

4 In section 22(2) of that Act (assigned rights of action) for the words “or 18” there shall be substituted the words “ , 18 or 18A ” and for the words “, as the case may be, 18” there shall be substituted the words “ of the said section 18 or, as the case may be, subsection (4)(b) of the said section 18A ”.

5 In Schedule 1 to that Act, in paragraph 2 (obligations to which the five year prescription does not apply) after subparagraph (g) there shall be inserted the following—

13 Amendments of Matrimonial Homes (Family Protection) (Scotland) Act 1981.¶

1 The ^M6Matrimonial Homes (Family Protection) (Scotland) Act 1981 shall be amended in accordance with the following provisions of this section.

2 In section 1(1)(a) of that Act (right of occupying spouse not to be excluded from matrimonial home), for the words from “not” to the end there shall be substituted the words “ to continue to occupy the matrimonial home; ”.

3 After section 1 of that Act there shall be inserted the following subsection—

4 In section 1(6) of that Act (renunciation of occupancy rights to be sworn or affirmed before notary public) at the end there shall be added the following—

5 In section 4(1) of that Act after the words “either spouse” there shall be inserted the words “ whether or not that spouse is in occupation at the time of the application. ”.

6 In section 6 of that Act (continued exercise of occupancy rights after dealings with the matrimonial home)—

a the word “or” occurring immediately after subsection (3)(d) shall be omitted;

b in subsection (3)(e)—

i for the words “the purchase of a matrimonial home by” there shall be substituted the words “ a sale to ”;

ii after the word “at” there shall be inserted the words “ or before ”;

iii for the words from “entitled spouse”, where first occurring, to the word “spouse”, where thirdly occurring, there shall be substituted the words—

and

iv at the end there shall be added the words—

;

c after subsection (3)(e) there shall be added—

7 In section 8(2) of that Act (protection of interests of heritable creditors) after the word “apply” there shall be inserted the words “ to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 ”.

8 After section 8(2) of that Act there shall be inserted the following subsections—

2A This section shall not apply to secured loans in respect of which the security was granted after the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 unless the third party in granting the secured loan acted in good faith and at or before the granting of the security there was produced to the third party by the grantor—

a an affidavit sworn or affirmed by the grantor declaring that the security subjects are not a matrimonial home in relation to which a spouse of the grantor has occupancy rights; or

b a renunciation of occupancy rights or consent to the granting of the security which bears to have been property made or given by the non-entitled spouse.

2B for the purposes of subsections (2) and (2A) above, the time of granting a security, in the case of a heritable security, is the date of delivery of the deed creating the security.

9 In section 18 of that Act (occupancy rights of cohabiting couples)—

a in subsection (1) for the word “3” there shall be inserted the word “ 6 ”; and

b in subsection (6), in the definition of “occupancy rights”—

i in paragraph (a) for the words from “not” to the end there shall be substituted the words “ to continue to occupy the house; ” and

ii at the end there shall be inserted the words — “ and, without prejudice to the generality of these rights, includes the right to continue to occupy or, as the case may be, to enter and occupy the house together with any child residing with the cohabiting couple ”.

10 In section 22 of that Act in the definition of “matrimonial home” there shall be added at the end the following—

11 Any—

a affidavit lawfully sworn or affirmed before the commencement of this section in pursuance of paragraph (e) of subsection (3) of section 6 or subsection (2) of section 8 of that Act;

b consent lawfully given before such commencement in pursuance of the said subsection (2),

shall have effect for the purposes of the said subsection (3) as amended by this section or, as the case may be, section 8(2A) of that Act as if it had been duly sworn, affirmed or, as the case may be, given in pursuance of the said paragraph (e) as so amended or, as the case may be, the said section 8(2A).

Provisions relating to civil jurisdiction and procedure¶

^F5714 Remit from Court of Session to sheriff.¶

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^C8^C12^C1315 Withdrawal of privilege against self–incrimination in certain proceedings relating to intellectual property. ^C7¶

1 In any proceeding to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose him to proceedings for a related offence or for the recovery of a related penalty—

a from answering any questions put to him in the first mentioned proceedings ; or

b from complying with any order made in those proceedings.

2 Subsection (1) above applies to civil proceedings in the Court of Session or the sheriff court—

a for infringement of rights pertaining to any intellectual property or for passing off ;

b brought to obtain disclosure of information relating to any infringement of such rights or to any passing off ; and

c brought to prevent any apprehended infringement of such rights or any apprehended passing off.

3 The proceedings referred to in subsection (2) above include—

a proceedings on appeal arising out of these proceedings ;

b proceedings under section 1(1) of the ^M7Administration of Justice (Scotland) Act 1972 (provision in relation to the power of the court to order inspection of documents and other property etc.) which relate to civil proceedings falling within subsection (2) above which are likely to be brought.

4 No statement or admission made by a person—

a in answering a question put to him in any proceedings to which subsection (1) above applies ; or

b in complying with any order made in such proceedings,

shall in proceedings for any related offence, or for the recovery of any related penalty, be admisssable in evidence against him :

Provided that this subsection shall not render ant such statement or admission inadmissable against him in proceedings for perjury or contempt of court.

^C95 In this section—“intellectual property” means any patent, trade mark, copyright or design right, registered design, technical or commercial information or other intellectual property ;“related offence”, in relation to any proceedings to which subsection (1) above relates, means—

a in the case of proceedings within subsection (2)(a) or (b)—

i any offence committed by or in the course of the infringement or passing off to which those proceedings relate ; or

ii any offence not within sub-paragraph (i) committed in connection with that ing fringement or passing off, being an offence involving fraud or dishonesty ;

b in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the pursuer relies in those proceedings.“related penalty”, in relation to any proceedings to which subsection (1) above relates, means—

a in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate ;

b in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the pursuer relies in those proceedings.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F2¶

^F5917 Power of sheriff to order sheriff clerk to execute deeds relating to heritage.¶

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^F6018 Small claims.¶

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19 Disclosure of names in certain proceedings.¶

In section 1 of the ^M8Administration of Justice (Scotland) Act 1972 (which makes provision in relation to the powers of the court to order inspectincon of documents and other property), after subsection (1) there shall be inserted the following subsection—

Other provisions relating to courts¶

^F6120 Removal of prohibition of sheriffs’ principal and sheriffs’ accepting appointment to certain offices.¶

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^F321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F5622 Re-employment of retired judges¶

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23 Replacement of general jury book by lists of men and women eligible for jury service.¶

1 In section 3 of the Jurors (Scotland) Act 1825 (sheriff principal to maintain the general jury book), for the words from “a book” to “that book” there shall be substituted the words,

2 Section 10 of the said Act of 1825, section 4 of the ^M9Juries (Scotland) 1826 and sections 88 to 91 and 98 of the ^M10Criminal Procedure (Scotland) Act 1975 shall have effect subject to the amendments to these enactments specified in Schedule 2 to this Act; and for any other reference, however expressed, in any enactment passed before this Act to the general jury book maintained under section 3 of the Jurors (Scotland) Act 1825 there shall be substituted a reference to the lists of potential jurors.

Provisions relating to the care of children¶

24 Power to increase size of Children’s Panel Advisory Committees.¶

After paragraph 3 of Schedule 3 to the ^M11Social Work (Scotland) Act 1968 there shall be inserted the following paragraph—

25 Amendment of provisions about detention of children.¶

1 In section 42(3) of the ^M12Social Work (Scotland) Act 1968 (which, amongst other things, limits to 7 days the period of detention, pending disposal of the case, of a child who has failed to attend before the sheriff in an application to him in respect of the grounds of referral of the child to a children’s hearing) for the words from “for”, where last occurring, to the end there shall be substituted the words

2 In section 42(6) of the Social Work (Scotland) Act 1968 (remission of case from sheriff to reporter where the sheriff is satisfied that grounds of referral have been established)—

a after the word “established” there shall be inserted “ (a) ”; and

b after the word “case”, where secondly occurring, there shall be inserted

26 Amendment of power to detain children in secure accommodation.¶

In the ^M13Social Work (Scotland) Act 1968—

a in section 58B(3) (power to detain child in secure accommodation) for the words from “authorise” to the end there shall be substituted the words “ order that, pending the determination of his case in accordance with section 42(5) or (6) of this Act, the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment with the agreement of the director of social work of the local authority for the area of the children’s hearing, considers necessary. ”.

b in Section 58E(1) (warrant to detail child in secure accommodation) for the words from “authorise” to the end there shall be substituted the words “ order that the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment, with the agreement of the director of social work of the local authority, considers necessary. The local authority referred to in this subsection is, in the case of a warrant issued or renewed by the sheriff, the local authority for the area of the children’s hearing which was dealing with the child in respect of whom the warrant was issued and, in the case of a warrant issued or renewed by a children’s hearing, the local authority for the area of that children’s hearing. ”

^F4127 Requirement of children’s hearing for pre-adoptive supervision not to constitute making arrangements for adoption for purposes of Adoption (Scotland) Act 1978.¶

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^F4228 Child subject to supervision requirement to be regarded as in the care of the local authority for the purposes of his being freed for adoption under section 18 of the Adoption (Scotland) Act 1978.¶

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29 Reporter’s power to arrange review by children’s hearing of supervision requirement.¶

In section 48 of the Social Work (Scotland) Act 1968 (review by children’s hearing of supervision requirements) after subsection (4) there shall be inserted the following subsection—

Procedures relating to crofting tenure and the valuation of sheep stocks¶

^F430 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F531 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F632 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Criminal courts, procedure, evidence and justice¶

33 Establishment and disestablishment of district courts.¶

After section 1 of the ^M14District Courts (Scotland) Act 1975 there shall be inserted the following section—

1A Further provision as to establishment and disestablishment of district courts.

1 Where it appears to the Secretary of State that—

a there is insufficient business for the district court in a particular commission area; and

b such insufficiency of business is likely to continue,

he may by order provide that the district court for that area cease to exist on a specified date.

2 Where it appears to the Secretary of State that, in a commission area in which there is no district court, there is likely to be sufficient business to justify the establishment of such a court, he may by order provide for the establishment of such a court in that area on a specified date.

3 An order under subsection (1) or (2) above may contain all such provisions as appear to the Secretary of State to be necessary or expedient for rendering the order of full effect and any incidental, supplemental or consequential provisions which appear to him to be necessary or expedient for the purposes of the order, including, but without prejudice to the generality of the foregoing words, provisions amending, repealing or revoking any enactment (whether passed or made before or after the commencement of this enactment).

4 Before making an order under subsection (1) or (2) above, the Secretary of State shall consult the district or islands council for the area concerned, and such other persons as appear to him to have an interest in the proposed order.

5 Orders under subsection (1) or (2) above shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

34 Power of Secretary of State to remove justices etc.¶

In the ^M15District Courts (Scotland) Act 1975—

a at the end of subsection (7) of section 11 (which relates to ex officio justices) there shall be inserted the words “ and, notwithstanding that he remains a duly nominated member of the authority, may be removed from office in like manner as a justice appointed under that section. ”;

b in subsection (2) of section 15 (which relates to the supplemental list of justices), at the end of paragraph (a) there shall be inserted—

^F735 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F836 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F10¶

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F11¶

^F1240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

41 Penalties under food and drugs legislation.¶

In the ^M16Food and Drugs (Scotland) Act 1956—

a in subsection (1)(a) of section 40 (which relates to penalties) the words from “or to imprisonment” to “offence is continued” shall cease to have effect ;

b in subsection (1)(b) the words from “and”, where it occurs for the second time, to the end shall cease to have effect ;

c in subsection (8A) of section 56 (which specifies certain maximum penalties)—

i in paragraph (a) the words “or imprisonment for a term not exceeding 6 months or both” shall cease to have effect ; and

ii in paragraph (b)(i) the words “or imprisonment for a term not exceeding 6 months or both” shall cease to have effect.

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F13¶

^F1443 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F15¶

46 Post-release supervision of service offenders.¶

1 In section 71AA of the ^M17Army Act 1955 and the ^M18Air Force Act 1955 respectively and section 43AA of the ^M19Naval Discipline Act 1957 (custodial orders), after subsection (6A) in each case there shall be substituted the following subsection—

2 In paragraph 10 of Schedule 5A to the ^M20Army Act 1955 and to the ^M21Air Force Act 1955 respectively and Schedule 4A to the ^M22Naval Discipline Act 1957 (custodial orders), after sub-paragraph (6A) in each case there shall be inserted the following sub-paragraph—

Miscellaneous and general¶

47 Transfer of sheriff clerks and procurators fiscal.¶

In section 1 of the ^M23Sheriff Clerks and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerk and procurator fiscal)—

a in subsection (3), after the words “foregoing subsections” there shall be inserted the words “ but subject to subsections (4) and (5) below ”; and

b after subsection (3) there shall be added the following subsections—

4 The right vested—

a in the Secretary of State under subsection (1) above shall include the right to transfer the sheriff clerk of one sherif court district to an office, whether of sheriff clerk or (however styled) of sheriff clerk depute, in another sheriff court district;

b in the Lord Advocate under subsection (2) above shall include the right to transfer the procurator fiscal of one district to an office, whether of procurator fiscal or (however styled) of procurator fiscal depute, in another district,

where in the opinion of the Secretary of State or, as the case may be, of the Lord Advocate the transfer is for the purpose of securing efficient organisation and administration.

5 It is hereby declared that, for the purposes of subsection (3) above, a transfer under subsection (4) above is not a removal from office.

48 Power of Lord Advocate and Secretary of State in relation to research into law.¶

The Lord Advocate or the Secretary of State may assist (whether financially or otherwise) other persons in conducting research into any matter connected with the law (other than research into any matter referred to in section 75(1) of the ^M24Criminal Justice (Scotland) Act 1949).

49 Arrestment of National Savings Bank deposits.¶

In section 46 of the ^M25Crown Proceedings Act 1947 (which makes provision as to arrestment in the hands of the Crown)—

a after paragraph (a) of the proviso there shall be inserted the word “ or ” ;

b paragraph (c) of the proviso (which precludes arrestment of money payable on account of a deposit in the National Savings Bank) and the word “or” which precludes that paragraph shall cease to have effect.

50 Registration of divorces and declarators of nullity of marriage.¶

1 After section 28 of the ^M26Registration of BIrths, Deaths and Marriages (Scotland) Act 1965 there shall be inserted the following section—

28A Registration of divorces and declarators of nullity of marriage.

1 The Registrar General shall maintain at the General Register Office a registeer of decrees of divorce and of declarator of nullity of marriage (which register shall be known as the “Register of Divorces”).

2 The Register General shall cause to made and kept at the General Register Office an alphabetical index of the entries in the Register of Divorces (in this section referred to as “the index”.

3 The Register of Divorces shall be in such form as may be precsribed.

4 On payment to him of such fee or fees as may be prescribed, the Register General shall, at any time when the General Register Office is open for that purpose—

a cause a search of the index to be made on behalf of any person or permit that person to search the index himself ;

b issue to any person an extract of any entry in the Register of Divorces which that person may require.

5 An extract of an entry in the Register of Divorces shall be sufficient evidence of the decree of divorce or, as the case may be, of declarator of nullity of marriage to which it relates.

6 The Register Genral may delete or amend any entry in the Register of Divorces or substitute another for it.

7 In this section, references to decrees of divorce are references to decrees thereof of the Court of Session or the sheriff and references to decrees of declarator of nullity of marriage are references to decrees thereof of the Court of Session.

2 In section 48 of he said Act of 1965 (decreees altering status to be notified to Registrar General) after the words “be made”, where secondly occurring, there shall be inserted—

3 Any entry made in the Register of Corrections Etc. between 1st May 1984 and the date of the coming into force of this section which could have been made after the latter date in the Register of Divorces shall be treated as an entry in the Register of Divorces.

51 Amendments to Mental Health 9Scotland) Act 1984 as respects hospital orders.¶

1 The ^M27Mental Health (Scotland) Act 1984 shall be amended in accordance with the following provisions of this section.

2 In each of sections 21 (approval of applications by the sheriff : hospital) and 40 (approval of applications by the sheriff : guardianship)—

a the words “for his approval” shall be omitted from subsection (1) ;

^F37b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 Application of certain liquor licensing appeal to provisions to certain appeals under Lotteries and Amusements Act 1976.¶

In section 133(4) of the ^M28Licensing (Scotland) Act 1976 (application of certain provisions relating to appeals in respect of liquor licensing to certain appeals in respect of certain betting and gaming permits and licences)—

a after the word “1968”, where first occurring, there shall be inserted the words “ and paragraph 12 of Schedule 3 to the Lotteries and Amusements Act 1976 ” ; and

b for the words “and 1968”, there shall be substituted the words “ 1968 and 1976 ”.

^F4053 Amendment of definition of “alcoholic liquor”.¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3854 Clarification of investment powers of Scottish Hospital Trust and Scottish Hospital Endowments Research Trust.¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55 Power of Commissioner for Local Administration to investigate Scottish Special Housing Association and new town development corporations.¶

^F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56 Amendment of enactments relating to solicitors.¶

The enactments specified in Schedule 1 to this Act (Part 1 of which Schedule contains amendments relating to the incorporation of solicitors’ practices and Part II amendments relating to other matters relating to solicitors) shall have effect subject to the amendments to these enactments there set out.

57 Power to pay extra-parliamentary Commissioners for service on inquiries under the Private Legislation Procedure (Scotland) Act 1936.¶

In section 5 of the ^M29Private Legislation Procedure (Scotland) Act 1936 (which provides, amongst other things, as to the appointment of Commissioners for inquiries under the Act) there shall be added at the end the following subsection—

58 Finance.¶

There shall be paid out of money provided by Parliament—

a any expenses incurred by the Secretary of State under section 22(5) of this Act or section 5(9) of the Private Legislation Procedure (Scotland) Act 1936 or by the Secretary of State or the Lord Advocate under section 48 of this Act; and

b any increase attributable to this Act in the sums which, under any other Act, are payable out of money so provided.

59 Amendment and repeal of enactments.¶

1 the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments to these enactments there set out.

2 The enactments specified in Schedule 4 to this Act are hereby repealed to the extend there set out.

60 Citation, transitional provisions, commencement and extent.¶

1 This Act may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.

2 Schedule 3 to this Act shall have effect for the purpose of making transitional provision.

3 This Act shall come into force as follows—

a sections 26 to 29, 54, this section, paragraphs 28 to 30 and 32 of Schedule 2 and so much of section 59(1) as relates to these paragraphs, when it is passed;

^C10b sections 14, 15, 18, 19 and 36 and paragraphs 8, 12, 13 and 24 of Schedule 2 and so much of section 59(1) as relates to these paragraphs, on such day as the Lord Advocate may be order appoint;

^C11c sections 35 and 50, on such day as the Secretary of State may by order appoint; and

d the remaining provisions, at the end of the period of two months beginning with the day on which it is passed.

4 Different days may be appointed under subsection (3)(b) and (c) above for the different provisions specified therein.

5 An order under this section shall be made by statutory instrument.

6 This act applies to Scotland only.

SCHEDULES

SCHEDULE 1 ¶

Part I Incorporation of Solicitors’ Practices¶

Solicitors (Scotland) Act 1980 c. 46¶

1In section 16(1) (appeal to Court of Session against decisions of Council in relation to practising certificates)—

a after the word “where” there shall be inserted “ (a) ”; and

b after the word “applicant” there shall be inserted

2In section 18 (suspension of practising certificates)—

a after subsection (1) there shall be inserted the following subsection—

;

b after subsection (3) there shall be inserted the following subsection—

3In section 21(3) (definition of “consultant” in relation to requirement upon consultants to hold practising certificates)—

a after the word “who” there shall be inserted “ (a) ”;

b after the word “name”, where thirdly occurring, there shall be inserted—

4In section 26 (offence for solicitors to act as agents for unqualified persons)—

a in subsection (1)—

i after the word “who” there shall be inserted the words “ or incorporated practice which ”;

ii in each of paragraphs (b) and (d) after the word “his” there shall be inserted “ or, as the case may be, its ”;

b in subsection (3) there shall be inserted at the end the words “ but “unqualified person” does not include an incorporated practice ”.

^F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6In section 28 (disqualified solicitors not to seek employment without informing employer)—

a after the word “practice” where thirdly occurring, there shall be inserted the words “ or by an incorporated practice ”;

b after the word “him” there shall be inserted the words “ or, as the case may be, it ”.

7In section 30 (liability for fees of another solicitor)—

a after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;

b after that word, where secondly and thirdly occurring, there shall be inserted the words “ or incorporated practice ”;

c after the word “he” in each place where it occurs, there shall be inserted the words “ or, as the case may be, it ”;

d after the word “solicitor’s” there shall be inserted the words “ or incorporated practice’s ”.

8Section 31 (offence for unqualified persons to pretend to be solicitors or notaries public) shall be renumbered as subsection (1) of that section and—

a in that subsection (as so renumbered) there shall be inserted at the end of the following—

;

b after that subsection there shall be inserted the following subsections—

9In section 32(2) (persons to whom offence of preparing certain documents does not apply) there shall be inserted at the end the following—

10In section 33 (unqualified persons not entitled to fees etc.) there shall be inserted at the end—

11After section 33 there shall be inserted the following section—

12In section 34 (rules as to professional practice, conduct and discipline)—

a in subsection (1) at the end there shall be inserted the words “ and incorporated practices ”;

b after subsection (1) there shall be inserted the following subsection—

1A Rules made under this section may—

a provide as to the management and control by—

i solicitors holding practising certificates or their executors;

ii other incorporated practices

of bodies corporate carrying on businesses consisting of the provision of professional services such as are provided by individuals and firms practising as solicitors being bodies the membership of which is restricted to such solicitors, executors and other incorporated practices;

b prescribe the circumstances in which such bodies may be recognised by the Council as being suitable to undertake the provision of any such services;

c prescribe the conditions which (subject to any exceptions provided by the rules) must at all times be satisfied by bodies corporate so recognised if they are to remain so recognised (which bodies, when and for so long as so recognised, are in this Act referred to as “incorporated practices”;

d regulate the conduct of the affairs of incorporated practices; and

e provide—

i for the manner and form in which applications for recognition under this section are to be made, and for the payment of fees in connection with such applications;

ii for regulating the names that may be used by incorporated practices;

iii as to the period for which any recognition granted under this section shall (subject to the provisions of this Act) remain in force;

iv for the revocation of any such recognition on the grounds that it was granted as a result of any error or fraud;

v for the keeping by the Society of a list containing the names and places of business of all incorporated practices and for the information contained in any such list to be available for inspection;

vi for rules made under any provision of this Act to have effect in relation to incorporated practices with such additions, omissions or other modifications as appear to the Council to be necessary or expedient;

vii for empowering the Council to take such steps as they consider necessary or expedient to ascertain whether or not any rules applicable to incorporated practices by virtue of this section are being complied with.

c after subsection (4) there shall be inserted the following subsections—

4A A certificate purporting to be signed by an officer of the Society and stating that any body corporate is or is not an incorporated practice shall, unless the contrary is proved, be sufficient evidence of that fact.

4B Subject to the provisions of this Act, the Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, provide for any enactment or instrument passed or made before the commencement of section (1A) above and having effect in relation to solicitors to have effect in relation to incorporated practices with such additions, omissions, or other modifications as appear to him to be necessary or expedient.

13In section 35(1) (accounts rules) after the word “solicitors”, in each place where it occurs, there shall be inserted the words “ and incorporated practices ”.

14In section 36 (interest on client’s money)—

a in subsection (1)—

i after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;

ii after the word “his” there shall be inserted the words “ or, as the case may be, by the incorporated practice in its ”;

iii after the word “solicitor’s” there shall be inserted the words “ or, as the case may be, the incorporated practice’s ”;

b in subsection (2) after the word “solicitor” there shall be inserted the words “ or incorporated practice ”;

c in subsection (3)—

i after the word “solicitor”, where first occurring, there shall be inserted the words “ or incorporated practice ”;

ii after the word “solicitor”, where lastly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;

iii after the word “his” there shall be inserted the words “ or, as the case may be, its ”;

d in subsection (4) after the word “client” there shall be inserted the words “ or an incorporated practice and its client ”.

15In section 37 (accountant’s certificates)—

a in subsection (2) after the word “solicitor” there shall be inserted the words “ and incorporated practice ”;

b in subsection (3) after the word “firm” there shall be inserted the words “ or of an incorporated practice ”;

c in subsection (5)—

i in paragraph (a) after the word “who” there shall be inserted the words “ or incorporated practice which ”, after the word “firm” there shall be substituted the words “ or, as the case may be, of the incorporated practice ” and after the word “them” there shall be inserted the words “ or, as the case may be, it ”;

ii in paragraph (b), after the word “solicitor” there shall be inserted the words “ or incorporated practice ” and after the word “practice” there shall be inserted the words “ or, as the case may be, it has not ”;

d in subsection (6)—

i in paragraph (a)(iii) after the word “solicitors” there shall be inserted the words “ or incorporated practices ”;

ii after the word “he” there shall be inserted the words “ or, as the case may be, an incorporated practice which satisfies the Council that it ”;

e in subsection (7)—

i after the word “solicitor” there shall be inserted the words “ or incorporated practice ”;

ii after the word “him” there shall be inserted the words “ or, as the case may be, it ”.

16In section 38 (powers of Council where dishonesty alleged)—

a in subsection (1)—

i after the word “his”, where first occurring, there shall be inserted the words “ or an incorporated practice or any employee thereof ”;

ii after the word “firm” there shall be inserted the words “ or, as the case may be, such incorporated practice ”;

b in subsection (2)—

i in paragraph (a), there shall be inserted at the end the words “ or, as the case may be, such incorporated practice ”;

ii in paragraph (b), there shall be inserted at the end the words “ or, as the case may be, of which the incorporated practice or one of its employees is a sole trustee or it is a co-trustee only with one or more of its employees. ”.

17In section 39 (Council’s powers where delay alleged)—

a in subsection (1)—

i after the word “solicitor” there shall be inserted the words “ or an incorporated practice ”;

ii after the word “firm” there shall be inserted the words “ or, as the case may be, it ”;

iii after the word “employees” there shall be inserted the words “ or, as the case may be, the incorporated practice or one of its employees was the sole trustee or it was a co-trustee only with one or more of its employees ”,

iv after the word “solicitor” where secondly occurring, there shall be inserted the words “ or, as the case may be, incorporated practice ”;

b in subsection (2)—

i after the word “solicitor”, where first and lastly occurring there shall be inserted the words “ or, as the case may be, incorporated practice ”;

ii after the word “he” there shall be inserted the words “ or, as the case may be, it ”;

iii after the word “firm” there shall be inserted the words “ or, as the case may be, to that incorporated practice. ”.

18In section 40 (Council’s powers where failure to comply with accounts rules etc.)—

a in subsection (1)—

i after the word “solicitor”, where first occurring, there shall be inserted the words “ or incorporated practice ”;

ii after the word “solicitor”, where secondly and thirdly occurring, there shall be inserted the words “ or, as the case may be, incorporated practice ”;

iii after the word “his” there shall be inserted the words “ or, as the case may be, its ”;

iv after the word “section”, where lastly occurring, there shall be inserted “ (a) ”;

v for the words “and the certificate” there shall be substituted the following

;

b in subsection (2)—

i after the word “he” there shall be inserted the words “ or as the case may be, by the incorporated practice that it ”;

ii after the word “solicitor” where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”,

iii for the words from “and” onward there shall be substituted the words “ or solicitors concerned and shall restore to him or them any practising certificate or certificates held by him or them for the practice year then current. ”;

c in subsection (3) for the word “the”, where secondly occurring, there shall be substituted the word “ a ”.

19In section 41 (appointment of judicial factor)—

a after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;

b after the word “solicitor” where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;

c for the words “in connection with his practice as a solicitor” there shall be substituted the words “ , in the case of a solicitor, in connection with his practice as such ”;

d after the word “arise” there shall be inserted the following

;

e after the word “solicitor”, where fourthly occurring, there shall be inserted the words “ or, as the case may be, of the incorporated practice ”;

f after the word “solicitor”, where fifthly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;

g for the words “the solicitor’s” there shall be substituted the word “ such ”.

20In section 42 (distribution of sums in client bank account)—

a in subsection (1)—

i after the word “(2)” there shall be inserted the words “ or (2A) ”;

ii after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;

iii after the word “him”, where first and thirdly occurring, there shall be inserted the words “ or, as the case may be, by it ”;

iv after the word “clients”, where firstly occurring, there shall be inserted the words “ or, as the case may be, by it on behalf of its clients ”;

v after the word “solicitor”, where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;

vi after the word “behalf”, where secondly occurring, there shall be inserted the words “ or, as the case may be, by it on their behalf ”;

vii after the word “him”, where lastly occurring, there shall be inserted the words “ or, as the case may be, by it ”;

b after subsection (2) there shall be inserted the following subsection—

;

c in subsection (3)—

i after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;

ii after the word “his”, where first occurring, there shall be inserted the words “ or, as the case may be, its ”;

iii after the word “client”, where secondly occurring, there shall be inserted the words “ or, as the case may be, by the incorporated practice on that behalf ”;

iv after the word “him” there shall be inserted the words “ or, as the case may be, by it ”;

v after the word “name” there shall be inserted the words “ or, as the case may be, by the incorporated practice in its own name ”.

21In section 42 (Guarantee Fund)—

a in subsection (2) after the words “part of” there shall be inserted “ (a) ” and at the end there shall be inserted

;

b in subsection (3), after paragraph (c), there shall be added the following—

;

c in subsection (7)(c) there shall be inserted at the end the following “ or in the employment of an incorporated practice ”.

22In section 44 (professional indemnity)—

a in subsection (1)—

i after the word “solicitors”, where secondly occurring, there shall be inserted the words “ and incorporated practices ”;

ii in paragraph (c) after the word “solicitors”, where secondly occurring, there shall be inserted the words “ and incorporated practices or any specified class thereof ”;

b in subsection (3)—

i in each of paragraphs (b) and (c) after the word “solicitors”, where secondly occurring, there shall be inserted the words “ and incorporated practices or any class of incorporated practices ”;

ii in paragraph (f) after the word “solicitor” there shall be inserted the words “ or incorporated practice ” and after each of the words “he” and “him” there shall be inserted the words “ or, as the case may be, it ”;

iii in paragraph (g) after the word “solicitors” there shall be inserted the words “ and incorporated practices ”;

c in subsection (5) there shall be inserted at the end the words “ and, as respects incorporated practices, means any liability incurred by it which if it had been incurred by a solicitor would constitute such civil liability ”.

23In section 45 (safeguarding interests of clients of solicitors struck off or suspended)—

a in subsection (1) at the end there shall be inserted the words “ and, in relation to any incorporated practice, the recognition under section 34(1A) of which is revoked ”;

b in subsection (2)—

i at the beginning there shall be inserted the words “ In the case of a solicitor, ”;

ii after the words “solicitors” there shall be inserted the words “ or incorporated practice ”;

c after subsection (2) there shall be inserted the following subsection—

;

d in subsection (3)—

i after the word “solicitor” in both places where it occurs, there shall be inserted the words “ or, as the case may be, incorporated practice ”;

ii after the word “he” there shall be inserted the words “ or, as the case may be, any director, manager, secretary or other employee of the incorporated practice ”;

e in subsection (5), after the word “practice” there shall be inserted the words “ or, as the case may be, the recognition under section 34(1A) is revoked. ”.

24In section 47 (restriction on employing solicitor struck off or suspended)—

a in subsection (1)—

i after the word “solicitor”, where secondly occurring, there shall be inserted the words “ and, unless it has such permission, an incorporated practice shall not ”;

ii after the word “his”, where first occurring, there shall be inserted the words “ or, as the case may be, its ”;

b in subsection (3) after the word “solicitor” there shall be inserted the words “ or, as the case may be, incorporated practice ”;

c in subsection (4) at the end there shall be inserted the words “ and if any incorporated practice so acts its recognition under section 34(1A) shall be revoked. ”.

25In section 49 (investigation by lay observer of Society’s treatment of complaints), in subsection (1) after the word “solicitor”, where secondly occurring, there shall be inserted the words “ or about an incorporated practice or an employee thereof ”.

26In section 51(2) (complaints to Discipline Tribunal) after the words “client” there shall be inserted the words “ or an incorporated practice may have failed to comply with any provision of this Act or of rules made under this Act applicable to it ”.

27In section 52(1) (procedure and powers of Discipline Tribunal) there shall be inserted at the end the words “ or an incorporated practice ”.

28In section 53 (powers of Discipline Tribunal)—

a in subsection (1) there shall be inserted at the end—

b in subsection (2) (powers of Discipline Tribunal)—

i in paragraphs (c) and (d) after the word “solicitor” there shall be inserted the words “ or, as the case may be, the incorporated practice ”.

ii in paragraph (e) after the word “him” there shall be inserted the words “ or, as the case may be, it ”.

iii after paragraph (e) there shall be added the following—

c after subsection (6) (effective date of striking off or suspension of solicitor) there shall be inserted the following subsection—

d in subsection (7) after the word “(6)” there shall be inserted the words “ or (6A) ” and for the words “that subsection” there shall be substituted the words “ subsection (6) or, as the case may be, subsection (6A) ”.

29In section 54 (appeals by solicitors from decisions of the Discipline Tribunal)—

a in subsection (1) for the word “him” there shall be substituted the words “ that person ”;

b in subsection (2)—

i after the word “Where” there shall be inserted “ (a) ”;

ii after the word “effect”, where secondly occurring, there shall be inserted—

30In section 60 (offence for notaries public to act for unqualified persons) in subsection (2) there shall be inserted at the end the words “ but “unqualified person” does not include an incorporated practice ”.

31In section 61 (protection of banks)—

a in each of subsections (1) and (2) after the word “solicitor” there shall be inserted the words “ or an incorporated practice ”;

b in subsection (3) after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ” and after that word, where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”.

32In section 64 (service of notices) there shall be inserted at the end the words “ or, in the case of an incorporated practice, if it is left at, or delivered or sent by post to, its registered office ”.

33In section 65(1) (interpretation) after the definition of “functions” there shall be inserted the following—

34In Schedule 3 (The Scottish Solicitors’ Guarantee Fund)—

a in paragraph 1—

i after sub-paragraph (2) there shall be inserted the following sub-paragraphs—

ii in sub-paragraph (3) there shall be inserted at the end the words “ and the scale of the annual corporate contributions to be so paid, which scale shall be fixed by reference to factors which shall include the number of solicitors who are directors or employees of each of the incorporated practices to which the scale relates. ”;

iii in sub-paragraph (4) after the word “solicitor” there shall be inserted the words “ and no annual corporate contribution by an incorporated practice ”;

iv in sub-paragraph (5) for the words “a special”, where secondly occurring, there shall be substituted the words “ upon every incorporated practice a contribution (hereafter referred to as a “special corporate contribution”) in accordance with a scale of such contributions fixed by the Council as under sub-paragraph (3), and a special or special corporate ”;

v in paragraph 1(8) after the word “solicitors” there shall be inserted the words “ or of an incorporated practice ”;

b in paragraph 3(2), after the word “solicitors”, where first occurring, there shall be inserted the words “ and incorporated practices ” and after that word, where secondly occurring, there shall be inserted the words “ or incorporated practice or practices ”;

c in paragraph 4(2) after the word “employee” there shall be inserted the words “ or the incorporated practice in question or its employee ”.

d in paragraph 5(2) after the word “solicitor” there shall be inserted the words “ or incorporated practice ”.

35In Schedule 4 (constitution, procedure and powers of Tribunal)—

a in paragraph 9—

i after the word “solicitor”, where first and secondly occurring, there shall be inserted respectively, the words “ or an incorporated practice ” and “ or the incorporated practice ”; and

ii after the word “him” there shall be inserted the words “ or, as the case may be, it ”;

iii after the word “solicitor” where thirdly and lastly occurring there shall be inserted, in each case, the words “ or, of failure on the part of the incorporated practice to comply with any provision of this Act or of rules made under this Act ”;

b in paragraph 10 (duty of Discipline Tribunal to give respondent solicitor notice of complaint)—

i after the word “solicitor” there shall be inserted the words “ or incorporated practice ”;

ii after the words “him” and “his” there shall be inserted respectively the words “ or, as the case may be, it ” and “ or, as the case may be, its ”.

c in paragraph 16—

i in each of paragraphs (c) and (d) after the word “solicitor” there shall be inserted the words “ or an incorporated practice ”;

ii after paragraph (d) there shall be added—

;

iii for “(d)” where secondly occurring, there shall be substituted “ (e) ”;

iv after the word “court”, where secondly occurring, there shall be inserted the words “ or under section 53(6A) which has not been varied by the court ”;

v after the word “roll”, where secondly occurring, there shall be inserted the words “ or as to revoking the recognition under section 34(1A) of an incorporated practice ”.

Building Societies Act 1962 (c. 37)¶

36In section 34(4) (restriction on commissions for introduction of business) after the word “solicitor” there shall be inserted the words “ (including that of an incorporated practice within the meaning of the Solicitors (Scotland) Act 1980) ”.

Legal Aid (Scotland) Act 1967 (c. 43)¶

37In section 6(3)(a) (exclusion of certain solicitors from giving legal aid) the word “or” immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be inserted the following—

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F19

Legal Advice and Assistance Act 1972 (c. 50)¶

39In section 5(2) (definition of “the solicitor” for purposes of rules relating to payment of certain charges or fees), after the word “solicitors”, where first occurring, there shall be inserted the words “ or by an incorporated practice (within the meaning of the Solicitors (Scotland) Act 1980 ”) and after that word, where secondly occurring, there shall be inserted the words “ , incorporated practice ”.

Estate Agents Act 1979 (c. 38)¶

40In section 1(2)(a) (disapplication of Act to practising solicitors and their employees) after the word “him” there shall be inserted the words “ or by an incorporated practice (within the meaning of the Solicitors (Scotland) Act 1980) or a person employed by it ”.

Income and Corporation Taxes 1988¶

41In section 745(3) and 778(3) of, and paragraph 14(5) of Schedule 15 to, the Income and Corporation Taxes Act 1988 (saving for solicitors in relation to requirement to furnish certain information to Inland Revenue) any reference to a solicitor shall include a reference to an incorporated practice and any reference to a solicitor’s client shall, in relation to a solicitor who is a director, manager, secretary or employee of an incorporated practice within the meaning of the Solicitors (Scotland) Act 1980, be construed as a reference to a client of that practice.

Part II Amendments of Legal Aid and Solicitors (Scotland) Act 1949 and Solicitors (Scotland) Act 1980¶

Legal Aid and Solicitors (Scotland) Act 1949 (c. 63)¶

1Section 25 (provisions as to taking apprentices) is hereby repealed.

Solicitors (Scotland) Act 1980 (c. 46)¶

2In section 6 (admission as solicitor)—

a in subsection (1)(b) the words “by affidavit or otherwise” are hereby repealed.

b after subsection (3) there shall be inserted the following subsections—

3Section 15(2)(a) (Council to have discretion as to issue of practising certificates where applicant still has to serve post-qualifying year of practical training) is hereby repealed.

4In section 35(1) (power to make accounts rules)—

a the word “and” immediately preceding paragraph (d) shall be omitted;

b after that paragraph there shall be added the following—

5Section 48 (restriction on number of apprentices) is hereby repealed.

6After section 62 there shall be inserted the following section—

7In Schedule 1 (constitution etc. of the Law Society of Scotland)—

a for paragraph 6 (subscriptions) there shall be substituted the following paragraphs—

;

b in paragraph 7 (subscription in first three years of enrolment)—

i the word “annual”, in both places where it occurs, is hereby repealed;

ii after the word “year” there shall be inserted the words “ or part thereof ”; and

iii there shall be added at the end the words “ (reduced, in the case of a solicitor first included in the roll for only part of a year, in that year proportionately) ”; and

c after the said paragraph 7 there shall be inserted the following paragraphs—

8In Schedule 3 (the Scottish Solicitors Guarantee Fund)—

a in paragraph 1(1) (annual contributions to Guarantee Fund) the words “not exceeding the sum of £25” are hereby repealed.

b in paragraph 1(3) (Council to fix amount of contributions for each year by previous 31 July) for the words “31 July” there shall be substituted the words “ 30 September ”; and

c paragraph 1(7) (limit to special contributions to Guarantee Fund) is hereby repealed.

SCHEDULE 2 ¶

Amendment of Enactments

Sections 23 and 59.

The Jurors (Scotland) Act 1825 (c.22)¶

1In section 10 (order in which names of jurors are to be taken for civil proceedings) for the words “in the said jury books” and “general jury book” there shall be substituted respectively the words “ of potential jurors ” and “ lists ”.

The Juries (Scotland) Act 1826 (c.8)¶

2In section 4 (names of dead and disqualified jurors not to be included in returns of jurors) for the words “said general jury book”, in both places where these occur, there shall be substituted the words “ list of potential jurors ”.

Lyon King of Arms Act 1867 (c.17)¶

3In section 10 the words from “Provided also” to the end of the section shall cease to have effect.

Titles to Land Consolidation (Scotland) Act 1868 (c.101)¶

4In section 159 (litigiosity not to begin before date of registration in Register of Inhibitions and Adjudications of notice of summons) after the word “summons”, where thirdly occurring, there shall be inserted the words “ and contain a description of the lands to which the summons relates ”.

5In Schedule RR (form of notice of summons) after the word “signeting]” there shall be inserted the words “ The summons relates to [Einsert description of lands]. ”.

Conveyancing (Scotland) Act 1924 (c.27)¶

6In section 44 (limitation of effect of entries in Register of Inhibitions)—

a in subsection (2)(a)—

i after the words “unless and until” there shall be inserted

; and

ii at the end there shall be inserted—

b in subsection (3)(a) for the words “and notices of litigiosity” there shal1l be substituted the words “ , notices of litigiosity and notices of applications under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 ”.

7Section 46 shall be renumbered as subsection (1) thereof and after that subsection there shall be inserted the following subsection—

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F22

The Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)¶

11In section 41 (restriction on effect of reduction of certain discharges of securities) at the end there shall be inserted the following subsection—

Sheriff Courts (Scotland) Act 1971 (c.58)¶

^F6212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13In section 33(4) (appointment of secretary of Sheriff Court Rules Council) the words “whole-time sheriff clerk as” shall cease to have effect.

14In section 35 (summary causes) after subsection (1) there shall be inserted the following subsection—

Administration of Justice (Scotland) Act 1972 (c.59)¶

15In subsection (2) of section 1 (extended power of court to order inspection of documents and other property etc.) after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.

The Criminal Procedure (Scotland) Act 1975 (c. 21)¶

^F2316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2619. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2720. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Registration (Scotland) Act 1979 (c.33)¶

21In section 9 (rectification of the register)—

a at the end of subsection (3)(b) there shall be added the words—

b after subsection (3) there shall be inserted the following subsection—

22At the end of section 12(3) (exclusion of indemnity) there shall be added the following paragraph—

The Criminal Justice (Scotland) Act 1980 (c. 62)¶

^F2823. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Jurisdiction and Judgements Act 1982 (c. 27)¶

24In section 28 (application of section 1 of the Administration of Justice (Scotland) Act 1972) after “1972” there shall be inserted the words “ as amended by the Law Reform (Miscellaneous Provisions) Act 1985 ”.

The Cinematograph (Amendment) Act 1982 (c. 33)¶

25The entry in Schedule 2 relating to paragraph 4 of Schedule 7D to the Criminal Procedure (Scotland) Act 1975 shall be treated as never having been enacted.

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F29

The Rent (Scotland) Act 1984 (c.58)¶

28In section 56(2) (registration of housing association and Housing Corporation rents), after the word “Sections”, where first occurring, there shall be inserted the words “ 22 to 27, ”.

29In subsection (5) of section 106 (compulsory entry to carry out works on substandard houses), for the words from “has” where first occurring, to the end there shall be substituted the words “ and ”tolerable standard’ have the meaning respectively assigned to them by section 49(3) of the said Act of 1974 ”.

30In Schedule 9 (savings and transitional provisions), at the end, there shall be inserted the following paragraph—

The Family Law (Scotland) Act 1985 (c. 37)¶

31In section 27(1) (interpretation) in the defintion of “matrimonial home” there shall be added at the end the words “ as amended by section 13(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 ”.

The Representation of the People Act 1985 (c. 50)¶

32In Schedule 4, in paragraph 61(b) (amendments of the Representation of the People Act 1983 relating to time limit for prosecutions) after the word “without” there shall be inserted the word “ undue ”.

SCHEDULE 3 ¶

TRANSITIONAL PROVISIONS

Section 60.

Section 36¶

^F301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F31

Section 39¶

^F323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 40¶

^F334. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 ¶

Repeals

Section 59.

Chapter	Short title	Extent of repeal
1825 c.22	The Jurors (Scotland) Act 1825.	Sections 11 and 14.
1830 c. 37.	The Criminal Law (Scotland) Act 1830.	Section 11.
1867 c. 17.	The Lyon King of Arms Act 1867.	In section 10, the words from “Provided also” to the end of the section.
1920 c. 53.	The Jurors (Enrolment of Women) (Scotland) Act 1920.	The whole Act.
1947 c. 44.	The Crown Proceedings Act 1947.	In section 46, paragraph (c) of the proviso and the word “or” which precedes it.
1949 c. 63.	The Legal Aid and Solicitors (Scotland) Act 1949.
		Section 25.
1952 c. 61.	The Prisons (Scotland) Act 1952.	Section 7(2).
		Section 18(4) and (5).
		Section 35(5)(b).
1965 c. 22.	The Law Commissions Act 1965.	Section 2(5).
1971 c. 10	The Vehicles (Excise) Act 1971.	In subsection 9(5) (as it applies to Scotland) the words “convicted on indictment of, or is”, the words “Part I or” and the words from “the conviction on” to “as the case may be,”.
^F58. . .	^F58. . .	^F58. . .
		In section 33(4), the words “whole-time sheriff clerk as”.
1975 c. 20	The District Courts (Scotland) Act 1975.	Section 19.
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In section 448(2C)(b), the words “to the draft case”.
1976 c. 32.	The Lotteries and Amusements Act 1976.	In Schedule 3, paragraph 14.
1980 c. 45.	The Water (Scotland) Act 1980.	Section 96.
1980 c. 46.	The Solicitors (Scotland) Act 1980.	In section 6(1)(b), the words “by affidavit or otherwise”.
		Section 15(2)(a).
		In section 35(1), the word “and” immediately preceding paragraph (d).
		In Schedule 1, in paragraph 7 the word “annual” in both places where it occurs.
		In Schedule 3, in paragraph 1(1), the words “not exceeding the sum of £25” and paragraph 1(7).

Footnotes

X1
The text of ss. 8–11, 59(1), 60, Sch. 2 paras. 21, 22 was taken from S.I.F Group 30 (Contract); ss. 12, 14, 17–23, 33, 34, 47, 58–60, Sch. 2 paras. 1–15, Sch. 4 from S.I.F. Group 36:1 (Courts, Scotland: Court of Session); ss. 35–46, 49, 51–54, 59(1), 60, Sch. 2 paras. 16–20, 23–27, 32, Sch. 3 from S.I.F. Group 39:1 (Criminal Law: General); ss. 15, 60 from S.I.F. Group 47 (Evidence); ss. 13, 16, 24–29, 59(1), 60, Sch. 2 para. 31 from S.I.F. Group 49:6 (Family Law: Family Property, Scotland); ss. 48, 55, 58, 60 from S.I.F. Group 57 (Government Departments and Public Offices); 1–7, 30–32, 59(1), 60, Sch. 2 paras. 28–30 from S.I.F. Group 75:2 (Landlord and Tenant: General, Scotland); ss. 56, 60, Sch. 1 from S.I.F. Group 76:2 (Lawyers and Notaries: Scotland); ss. 57, 58, 60 from S.I.F. Group 89 (Parliament); ss. 50, 60 from S.I.F.Group 105 (Registration of Births, Deaths and Marriages).
I1
Act partly in force at Royal Assent see s.60(3); Act wholly in force at 8.12.1986 see S.I. 1986/1945.
M1
1974 c. 38.
M2
1979 c. 33.
M3
1857 c. 26.
C1
S. 4 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch.1
S. 4 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.
C2
S. 5 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch.1
S. 5 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.
C3
S. 6 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch.1
S. 6 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.
C4
S. 7 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch. 1
S. 7 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.
M4
1955 c. 21.
C5
S. 8 restricted (1.9.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 16, Sch. 3 paras. 3(2), 4(5); S.I. 1992/817, art. 3(2), Sch. 3
C6
S. 8 restricted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 17(7); S.I. 1992/817, art. 3(2), Sch. 4
M5
1973 c. 52.
M6
1981 c. 59.
C7
S. 15 extended by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 296(6)(b), 298(4)
C8
S. 15 extended (with modifications) by S.I. 1987/1497
M7
1972 c. 59.
C9
S. 15(5) extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2, Sch. 2 Pt. I para. 1(2)(h)
S. 15(5) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art.2
F1
Words inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 303(1), Sch. 7 para. 32
F2
S. 16 repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(2), 69(5)(6)(7), Sch. 2
M8
1972 c. 59.
F3
S. 21 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
M9
1826 c. 8.
M10
1975 c. 21.
M11
1968 c. 49.
M12
1968 c. 49.
M13
1968 c. 49.
F4
S. 30 repealed (5.1.1994) by 1993 c. 44, ss. 63(2), 64(2), Sch. 7 Pt. II (with 30(5), Sch. 6 para. 4).
F5
S. 31 repealed (5.1.1994) by 1993 c. 44, s. 63(2), 64(2), Sch. 7 Pt. II (with s. 30(5), Sch. 6 para. 4)
F6
S. 32 repealed by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), s. 88(2), Sch. 13 Pt.1 (with Sch. 12 paras. 1,3).
M14
1975 c. 20.
M15
1975 c. 20.
F7
S. 35 repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2
F8
S. 36 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F9
S. 37 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F10
S. 38 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras. 1, 2
F11
S. 39 repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
F12
S. 40 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
M16
1956 c. 30.
F13
Ss. 42, 44, 45 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3
F14
S. 43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F15
Ss. 42, 44, 45 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3
M17
1955 c. 18.
M18
1955 c. 19.
M19
1957 c. 53.
M20
1955 c. 18.
M21
1955 c. 19.
M22
1957 c. 53.
M23
1927 c. 35
M24
1949 c. 94.
M25
1947 c. 44.
M26
1965 c. 49.
M27
1984 c. 36.
M28
1976 c. 66.
F16
S. 55 repealed (23.10.2002) by Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 8; S.S.I. 2002/467, art. 2
M29
1936 c. 52.
C10
Power of appointment conferred by s. 60(3)(b) fully exercised: S.I. 1985/2055, 1986/1945, 1988/1819
C11
Power of appointment conferred by s. 60(3)(c) fully exercised by S.I. 1985/1908 (1.2.1986 appointed day for s. 50 under S.I. 1985/1908)
F17
Sch. 1 Pt. I para. 4 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 9
F18
Sch. 1 Pt. I para. 5 repealed (17.3.1993) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), s. 74, Sch. 9; SI 1993/641, art. 3,Sch.
F19
Sch. 1 Pt. I para. 38 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 30 para. 6(1), Sch. 31
F20
Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 31
F21
Heading substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 31
F22
Sch. 2 para. 8 repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted as referred to in Sch. 2 Pt. II of that Act)
F23
Sch. 2 para. 16 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F24
Sch. 2 para. 17 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F25
Sch. 2 para. 18 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F26
Sch. 2 para. 19 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F27
Sch. 2 para. 20 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F28
Sch. 2 para. 23 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)
F29
Sch. 3 para. 2 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras. 1, 2
F30
Sch. 3 para. 1 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras. 1, 3)
F31
Sch. 3 para. 2 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras. 1, 2
F32
Sch. 3 para. 3 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras. 1, 3)
F33
Sch. 3 para. 4 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras. 1, 3)
C12
S. 15 applied (31.10.2003) by 1988 c. 48, ss. 296(7)(b), 296ZA(5)(b), 296ZD(6)(b) (as inserted by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 1, 24(1) (with regs. 31-40))
C13
S. 15 applied (31.10.2003) by 1988 c. 48, s. 296ZG(6) (as inserted by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 1, 25 (with regs. 31-40))
F34
Words in s. 7(1)(a)(b) repealed (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F35
S. 7(1)(c) and preceding word inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F36
Words in s. 7(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(b) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F37
S. 51(2)(b) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F38
S. 54 repealed (1.1.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), s. 107(2), Sch. 3 para. 7; S.S.I. 2005/644, art. 2(1), Sch. 1
F39
S. 11 ceases to have effect (12.4.2009) by virtue of Banking Act 2009 (c. 1), ss. 254(5), 263(2) (with s. 247)
F40
S. 53 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3
F41
S. 27 repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
F42
S. 28 repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
F43
S. 10(3)(4) inserted (1.10.2014 with application in accordance with reg. 1(3)) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 8
F44
S. 8A inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(3), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F45
S. 8(3A) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(2)(b), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F46
S. 8(8A) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 30(b) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F47
Words in s. 8(7) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 30(a) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F48
Words in s. 8(3) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(2)(a), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F49
Words in s. 8(4) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(2)(c), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F50
S. 9(2A) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(b), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F51
Words in s. 9(2) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(a)(i), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F52
Words in s. 9(2) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(a)(ii), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F53
Words in s. 9(3)(a) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(c)(i), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F54
Words in s. 9(3)(b) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(c)(ii), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F55
S. 9(6) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(d), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F56
S. 22 repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 36; S.S.I. 2015/77, art. 2(2)(3), Sch.
F57
S. 14 repealed (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 25; S.S.I. 2015/247, art. 2, Sch. (with art. 3(3))
F58
Entry in Sch. 4 repealed (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 1 para. 1(e) (with art. 4(1))
F59
S. 17 repealed (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 1 para. 1(a) (with art. 4(1))
F60
S. 18 repealed (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 1 para. 1(b) (with art. 4(1))
F61
S. 20 repealed (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 1 para. 1(c) (with art. 4(1))
F62
Sch. 2 para. 12 repealed (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 1 para. 1(d) (with art. 4(1))
F63
Words in s. 7(2) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 2(2) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 8)
C14
Ss. 4-7 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

Provisions relating to leases¶

1 Limitation on use of property held on long lease not to apply to property held on certain renewable leases.¶

2 Power of sheriff to grant renewals of certain long leases.¶

3 Creation of real conditions in assignations of certain long leases.¶

C1C144 Irritancy clauses etc. relating to monetary breaches of lease.¶

C2C145 Irritancy clauses etc. not relating to monetary breaches of leases.¶

C3C146 Supplementary and transitional provisions relating to sections 4 and 5.¶

C4C147 Interpretation of sections 4 to 6.¶

Provisions relating to other contracts and obligations¶

C5C68 Rectification of defectively expressed documents.¶

8A Registration of order for rectification¶

9 Provisions supplementary to section 8: protection of other interest.¶

10 Negligent misrepresentation.¶

11 Amendment of Bills of Exchange Act 1882 as respects countermanded cheques.¶

12 Limitation of defamation and other actions.¶

13 Amendments of Matrimonial Homes (Family Protection) (Scotland) Act 1981.¶

Provisions relating to civil jurisdiction and procedure¶

F5714 Remit from Court of Session to sheriff.¶

C8C12C1315 Withdrawal of privilege against self–incrimination in certain proceedings relating to intellectual property. C7¶

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2¶

F5917 Power of sheriff to order sheriff clerk to execute deeds relating to heritage.¶

F6018 Small claims.¶

19 Disclosure of names in certain proceedings.¶

Other provisions relating to courts¶

F6120 Removal of prohibition of sheriffs’ principal and sheriffs’ accepting appointment to certain offices.¶

F321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F5622 Re-employment of retired judges¶

23 Replacement of general jury book by lists of men and women eligible for jury service.¶

Provisions relating to the care of children¶

24 Power to increase size of Children’s Panel Advisory Committees.¶

25 Amendment of provisions about detention of children.¶

26 Amendment of power to detain children in secure accommodation.¶

F4127 Requirement of children’s hearing for pre-adoptive supervision not to constitute making arrangements for adoption for purposes of Adoption (Scotland) Act 1978.¶

F4228 Child subject to supervision requirement to be regarded as in the care of the local authority for the purposes of his being freed for adoption under section 18 of the Adoption (Scotland) Act 1978.¶

29 Reporter’s power to arrange review by children’s hearing of supervision requirement.¶

Procedures relating to crofting tenure and the valuation of sheep stocks¶

F430 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F531 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F632 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Criminal courts, procedure, evidence and justice¶

33 Establishment and disestablishment of district courts.¶

34 Power of Secretary of State to remove justices etc.¶

F735 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F836 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10¶

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11¶

F1240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

41 Penalties under food and drugs legislation.¶

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13¶

F1443 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15¶

46 Post-release supervision of service offenders.¶

Miscellaneous and general¶

47 Transfer of sheriff clerks and procurators fiscal.¶

48 Power of Lord Advocate and Secretary of State in relation to research into law.¶

49 Arrestment of National Savings Bank deposits.¶

50 Registration of divorces and declarators of nullity of marriage.¶

51 Amendments to Mental Health 9Scotland) Act 1984 as respects hospital orders.¶

52 Application of certain liquor licensing appeal to provisions to certain appeals under Lotteries and Amusements Act 1976.¶

F4053 Amendment of definition of “alcoholic liquor”.¶

F3854 Clarification of investment powers of Scottish Hospital Trust and Scottish Hospital Endowments Research Trust.¶

55 Power of Commissioner for Local Administration to investigate Scottish Special Housing Association and new town development corporations.¶

56 Amendment of enactments relating to solicitors.¶

57 Power to pay extra-parliamentary Commissioners for service on inquiries under the Private Legislation Procedure (Scotland) Act 1936.¶

58 Finance.¶

59 Amendment and repeal of enactments.¶

60 Citation, transitional provisions, commencement and extent.¶

SCHEDULES

SCHEDULE 1 ¶

Part I Incorporation of Solicitors’ Practices¶

Solicitors (Scotland) Act 1980 c. 46¶

Building Societies Act 1962 (c. 37)¶

Legal Aid (Scotland) Act 1967 (c. 43)¶

Legal Advice and Assistance Act 1972 (c. 50)¶

Estate Agents Act 1979 (c. 38)¶

Income and Corporation Taxes 1988¶

Part II Amendments of Legal Aid and Solicitors (Scotland) Act 1949 and Solicitors (Scotland) Act 1980¶

Legal Aid and Solicitors (Scotland) Act 1949 (c. 63)¶

^C1^C144 Irritancy clauses etc. relating to monetary breaches of lease.¶

^C2^C145 Irritancy clauses etc. not relating to monetary breaches of leases.¶

^C3^C146 Supplementary and transitional provisions relating to sections 4 and 5.¶

^C4^C147 Interpretation of sections 4 to 6.¶

^C5^C68 Rectification of defectively expressed documents.¶

^F5714 Remit from Court of Session to sheriff.¶

^C8^C12^C1315 Withdrawal of privilege against self–incrimination in certain proceedings relating to intellectual property. ^C7¶

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F2¶

^F5917 Power of sheriff to order sheriff clerk to execute deeds relating to heritage.¶

^F6018 Small claims.¶

^F6120 Removal of prohibition of sheriffs’ principal and sheriffs’ accepting appointment to certain offices.¶

^F321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F5622 Re-employment of retired judges¶

^F4127 Requirement of children’s hearing for pre-adoptive supervision not to constitute making arrangements for adoption for purposes of Adoption (Scotland) Act 1978.¶

^F4228 Child subject to supervision requirement to be regarded as in the care of the local authority for the purposes of his being freed for adoption under section 18 of the Adoption (Scotland) Act 1978.¶

^F430 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F531 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F632 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F735 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F836 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F10¶

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F11¶

^F1240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F13¶

^F1443 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F15¶

^F4053 Amendment of definition of “alcoholic liquor”.¶

^F3854 Clarification of investment powers of Scottish Hospital Trust and Scottish Hospital Endowments Research Trust.¶