SCHEDULE 6Repeals and revocation
(introduced by section 226)
This schedule has no associated Explanatory Notes
Part 1Repeals
Enactment | Extent of repeal |
---|---|
Decrees in Absence Act 1584 (c. 10) (Act of the Parliaments of Scotland) | The whole Act. |
Ejection Caution Act 1594 (c. 27) (Act of the Parliaments of Scotland) | The whole Act. |
Arrestments Act 1617 (c. 17) (Act of the Parliaments of Scotland) | The whole Act. |
Diligence Act 1621 (c. 6) (Act of the Parliaments of Scotland) | The whole Act. |
Adjudication Act 1621 (c. 7) (Act of the Parliaments of Scotland) | The whole Act. |
Diligence Act 1661 (c. 344) (Act of the Parliaments of Scotland) | The whole Act. |
Minority Act 1663 (c. 4) (Act of the Parliaments of Scotland) | The whole Act. |
Adjudications Act 1672 (c. 45) (Act of the Parliaments of Scotland) | The whole Act. |
Debtors (Scotland) Act 1838 (c. 114) | Section 17. |
Section 22. | |
Hypothec Amendment (Scotland) Act 1867 (c. 42) | The whole Act. |
Titles to Land Consolidation (Scotland) Act 1868 (c. 101) | In section 3, in the definition of the “deed” and “conveyance”, the words “of adjudication for debt, and” and the words “whether for debt or implement,”. |
In section 62, the words “, whether for debt or”, in both places where they occur. | |
In section 129, the words “, whether for debt or”, in both places where they occur. | |
In section 159, the words “for debt or in security or”. | |
Schedules PP and RR. | |
Hypothec Abolition (Scotland) Act 1880 (c. 12) | The whole Act. |
Judicial Factors (Scotland) Act 1889 (c. 39) | In section 11A(2), the words “Court or”; and in paragraph (a), the word “permanent”. |
Heritable Securities (Scotland) Act 1894 (c. 44) | Sections 3, 6 and 7. |
Schedules A to C | |
Sheriff Courts (Scotland) Act 1907 (c. 51) | In section 5(4), the words “actions of adjudication save in so far as now competent and”. |
In section 29, the words “of a warrant of sequestration for rent, or”. | |
In section 40, the word “officers,”. | |
Conveyancing (Scotland) Act 1924 (c. 27) | In section 44, subsection (1); and in subsection (2), in paragraph (a)(i), the words “and Adjudications”, and paragraph (b). |
Execution of Diligence (Scotland) Act 1926 (c. 16) | Section 1. |
Section 4. | |
In section 5, the words from “a law agent” to the end. | |
Public Registers and Records (Scotland) Act 1948 (c. 57) | In section 1(2), the words “and Adjudications”. |
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) | Section 8(2)(e). |
Taxes Management Act 1970 (c. 9) | In section 64(1), the words “poinding, sequestration for rent, or”. |
Sheriff Courts (Scotland) Act 1971 (c. 58) | In section 35(1)(b), the words “and actions of sequestration for rent” and the words “or the rent in respect of which sequestration is asked,”. |
Prescription and Limitation (Scotland) Act 1973 (c. 52) | Section 1(4). |
Land Registration (Scotland) Act 1979 (c. 33) | In section 6(1)(c), the words “and Adjudications”. |
In section 12(3)(k), the words “and Adjudications”. | |
Sale of Goods Act 1979 (c. 54) | In section 62(5), the words “or sequestration for rent”. |
Rent (Scotland) Act 1984 (c. 58) | Section 110. |
Family Law (Scotland) Act 1985 (c. 37) | Section 19. |
Bankruptcy (Scotland) Act 1985 (c. 66) | In section 1A, in subsection (1)(b)(ii), the words “under paragraph 5(1)(e) of Schedule 5 to this Act”; and in subsection (3)(c), the word “permanent”. |
Section 2(4). | |
In section 3, the word “permanent” in each place where it occurs. | |
In section 4, the words “(other than one to which Schedule 2 to this Act applies)”; and the word “permanent”. | |
In section 5, in subsection (4A), the word “permanent”; in subsection (7), paragraph (a); and in subsection (8)(a), the words “or concurs in a petition by the debtor”. | |
In section 7(1), in paragraph (c), sub-paragraphs (iii), (iv), (v) and (vi); and the words ““confiscation order””, where they second occur. | |
In section 8, in subsection (1)(a), sub-paragraph (i); in subsection (5), the words “, or the concurring in,”; and in subsection (6), the words “or concurring” and “or concur”. | |
Section 12(1A). | |
In section 13(2)(b), the words “in the sequestration”. | |
In section 14, in subsection (1)(a), the words “and adjudications”; in subsection (2) the words “and of a citation in an adjudication”; in subsection (3)(a), the words “, or by virtue of paragraph 11 of Schedule 4 to,”; in subsection (4), the word “permanent” and the words “and adjudications”; and subsection (5). | |
In section 15, in subsection (3), the words “or a creditor concurring in the petition for sequestration”; in subsection (5)(a), the words “and adjudications”; in subsection (6), the word “interim”; and in subsection (8)(a), the words from “permanent”, where it first occurs, to “interim”. | |
In section 16, in subsection (1)(b), the words “interim trustee, the permanent”; and in subsection (2), the words “interim trustee or permanent”. | |
In section 17(8), in paragraph (a), the words “and adjudications”; and in paragraph (b)(ii), the word “permanent”. | |
Section 18(2)(g). | |
In section 19, in subsection (1), the word “interim”, where it second occurs; and in subsections (2) to (4), the word “interim”, in each place where it occurs. | |
In section 20, the word “interim”, in each place where it occurs; and subsections (4) and (5). | |
In section 20A, the words “interim” and “21 or”. | |
In section 21A, in subsection (1), the word “interim”, where it second occurs; in subsections (2) to (7), the word “interim”, in each place where it occurs; and subsection (9). | |
In section 21B, in subsection (1), the word “interim”, where it first occurs and paragraph (b) and the word “and” immediately preceding that paragraph; and subsection (2). | |
In section 22, the word “interim”, in each place where it occurs; and in subsection (5)(b)(ii), the words “or permanent trustee”. | |
In section 23, the word “interim”, in each place where it occurs. | |
In section 24, in subsection (2), the word “permanent”, where it third and fourth occurs; and in subsection (4)(b), the words from “who” to the end. | |
In section 25, in subsection (6), paragraph (a) and the word “and” immediately following that paragraph; and in paragraph (b), the words “where he is not the same person as the interim trustee,” and the word “permanent”. | |
Section 25A. | |
In section 26, in subsection (2)(b), the words “(unless the interim trustee has himself become the permanent trustee)”; and in subsection (3)(b)(i), the words “(except where the interim trustee has himself become the permanent trustee)”. | |
In section 26A, in subsection (2), the word “interim”, where it second occurs; and in subsections (4), (5) and (7), the word “interim”, in each place where it occurs. | |
Section 27(7). | |
In sections 28 to 30, the word “permanent”, in each place where it occurs. | |
In section 31, in subsection (1), the words “in the permanent trustee” and paragraphs (a) and (b) and the word “; and” immediately preceding them; in subsection (2), the words “(reserving any effect of such inhibition on ranking)”; and in subsections (2) to (7) and (10) the word “permanent”, in each place where it occurs. | |
In section 31A(2) (as inserted by paragraph 15 of Schedule 11 to the Proceeds of Crime Act 2002 (c. 29)), the word “permanent”. | |
In section 31B, in subsection (1), the word “and” following paragraph (a); and in subsection (2), the word “permanent” | |
In sections 31C to 36C, 36E and 36F, the word “permanent”, in each place where it occurs. | |
In section 37, subsection (1)(a); in subsection (2), the word “which”, the words “shall be effectual to create a preference for the inhibitor and” and the word “permanent”; in subsection (4), the word “permanent” in both places where it occurs; in subsection (6), the word “permanent” in both places where it occurs; and in subsection (8), the words from “to”, where it first occurs, to “or”, where it second occurs; and in subsection (9), the word “permanent”. | |
In section 38, the word “permanent” in each place where it occurs. | |
In section 39, in subsection (1), the word “permanent”, in both places where it occurs, and the words “with the commissioners or, if there are no commissioners,”; and in paragraph (c), the words “if there are no commissioners,”; and in subsection (2), the word “permanent”, the words from “but” to “court” and the words from “if”, where it second occurs, to “estate”, where it first occurs; and in subsections (3) to (6) and (8), the word “permanent” in each place where it occurs. | |
In sections 40 to 45, the word “permanent” in each place where it occurs. | |
In section 46, in subsection (1), in paragraph (a), the word “permanent” and in paragraph (b) the words “the Court of Session or” and the word “permanent”; and in subsection (4), the word “permanent”. | |
In section 47, the word “permanent” in both places where it occurs. | |
In section 48, in subsection (1), the word “permanent”; in subsection (2), in paragraph (a), the word “interim” and in paragraph (b), the word “permanent”; in subsection (3), the words from “, and”, where it second occurs, to the end of the subsection; in subsections (4) and (5), the word “permanent”, in each place where it occurs; in subsection (7), paragraph (a) and in paragraph (b) the words ““interim” and”, “respectively” and ““permanent” and”; and in subsection (8), the word “permanent”. | |
In sections 49 to 53, the word “permanent”, in each place where it occurs. | |
In section 54, the word “permanent”, in each place where it occurs; in subsection (4)(b)(ii), the words “interim or”; and in subsection (7)(a), the words “and adjudications”. | |
In sections 56 and 57, the word “permanent”, in each place where it occurs. | |
In section 58A, in subsections (1), (4), (5) and (7), the word “permanent”, in each place where it occurs; and subsection (9). | |
In section 60(2), the word “permanent”. | |
In sections 61 to 65, the word “permanent”, in each place where it occurs. | |
In section 67, in subsection (4), the word “permanent”; and in subsection (5), in paragraph (b), the words “interim or permanent”. | |
In sections 69 and 70, the word “permanent”, in each place where it occurs. | |
In section 73(1), the definition of “permanent trustee”. | |
In section 75, in subsection (4), the words “by the permanent trustee”; in subsection (5), paragraph (b); in subsection (7), the word “permanent”; and in subsection (11), the words from “permanent”, where it first occurs, to “interim”. | |
In Schedule 1, the word “permanent”, in each place where it occurs. | |
In Schedule 4, in paragraph 1(1), the word “permanent”, where it second occurs; in paragraph 2, the word “permanent”; in paragraph 4, the word “permanent”, where it first occurs; in paragraph 9, in sub-paragraphs (1) and (1A), the word “permanent”, in each place where it occurs; in paragraph 12, the word “permanent”, in both places where it occurs; in paragraph 17, in sub-paragraphs (1), (3) and (4), the word “permanent”, in each place where it occurs; and in paragraph 18, in sub-paragraphs (3) and (4), the word “permanent”, in each place where it occurs. | |
In Schedule 5, in paragraph 2(1), the words “and adjudications”; and in paragraph 4, sub-paragraphs (b)(ii) and (d). | |
In Schedule 6, the word “permanent”, in each place where it occurs (including the occurrence in the italic cross-heading preceding paragraph 7); and in paragraph 11(2), the words “the interim trustee or, as the case may be,”. | |
In Schedule 7, in paragraph 25(a), the words “interim or permanent”. | |
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) | In section 8(7), the words “and Adjudications”. |
Insolvency Act 1986 (c. 45) | In section 185(2)(d), the word “permanent”. |
Debtors (Scotland) Act 1987 (c. 18) | Section 2(1)(b)(iv). |
In section 5, subsection (1)(c). | |
Section 8(3). | |
In section 9, subsection (1)(b)(iv); and, in subsection (8), the words “to grant”. | |
Section 15(1). | |
Part V. | |
Section 101. | |
In Schedule 6, paragraph 3. | |
Proceeds of Crime (Scotland) Act 1995 (c. 43) | In section 32, in subsection (2), the words from “as” to the end; subsection (3); and in subsection (5)(b), the words “and Adjudications”. |
In Schedule 1, in paragraph 7(c), the words from “raise” to “property” where it first occurs | |
Terrorism Act 2000 (c. 11) | In Schedule 4, in paragraph 21, in sub-paragraph (2)(b) the words from “shall”, where it first occurs, to “and”, where it first occurs, and the words “and adjudications”; in sub-paragraph (3), the words from “as” to the end; and in sub-paragraph (5)(b), the words “and adjudications”. |
Mortgage Rights (Scotland) Act 2001 (asp 11) | In section 3(1) , the words “and Adjudications”. |
International Criminal Court (Scotland) Act 2001 (asp 13) | In Schedule 6, in paragraph 6, in sub-paragraph (2)(b) the words from “shall”, where it first occurs, to “and”, where it first occurs, and the words “and Adjudications”; in sub-paragraph (3), the words from “as” to the end; and in sub-paragraph (6)(b), the words “and Adjudications”. |
In Schedule 6, in paragraph 10(6) , the words “and Adjudications”. | |
Proceeds of Crime Act 2002 (c. 29) | In section 123, in subsection (4), the words from “as” to the end; and in subsection (7)(b), the words “and Adjudications”. |
Section 285(7). | |
In Schedule 3, paragraph 7(5), the words from “raise” to “property” where it first occurs. | |
Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) | Section 4(2A)(d). |
Section 15(1). | |
Section 60(1), (2)(b), (4) and (5). | |
Schedule 1, paragraph 4(a), the words “of court”. |
Part 2Revocation
Enactment | Extent of revocation |
---|---|
The Bankruptcy (Scotland) Regulations 1985 (S.I. 1985 No. 1925) | Regulation 13. |