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Legal Profession and Legal Aid (Scotland) Act 2007

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Legal Profession and Legal Aid (Scotland) Act 2007, Part 5 is up to date with all changes known to be in force on or before 17 January 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part 5SGeneral

77Advice, services or activities to which Act does not applyS

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1S. 77 repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195(4), 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3(a)(c) (with transitional provisions in art. 4)

78Ancillary provisionS

(1)The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of, or for giving full effect to, this Act or any provision of it.

[F2(1A)The Scottish Ministers may [F3by order] make such further provision as, having regard to the effect of the Legal Services Act 2007 so far as concerning the subject matter of Parts 1 and 2 of this Act (and applying in Scotland), they consider necessary or expedient in connection with this Act or any related provisions of the 1980 Act.]

(2)An order under this section may—

(a)make different provision for different purposes;

(b)modify any enactment, instrument or document.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

79Regulations or ordersS

(1)Any power conferred by this Act on the Scottish Ministers to make orders or regulations—

(a)must be exercised by statutory instrument;

(b)may be exercised so as to make different provision for different purposes.

(2)A statutory instrument containing an order or regulations made under this Act (except an order made under section 26(1) or 82(2)) is, subject to subsection (3), subject to annulment in pursuance of a resolution of the Parliament.

(3)A statutory instrument containing—

(a)an order under section 10(7) or 24(8);

(b)regulations under section 41(1);

(c)an order under—

(i)section 78(1)[F4or (1A)] containing provisions which add to, replace or omit any part of the text of an Act;

(ii)paragraph 2(7) of schedule 1,

is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

80InterpretationS

In this Act—

  • the 1980 Act” means the Solicitors (Scotland) Act 1980 (c. 46);

  • the 1986 Act” means the Legal Aid (Scotland) Act 1986 (c. 47);

  • the 1990 Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

81Minor and consequential modificationsS

Schedule 5 makes—

(a)minor modifications;

(b)modifications consequential on the provisions of this Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 81 wholly in force at 1.10.2008; s. 81 not in force at Royal Assent, see s. 82; s. 81 in force at 19.3.2007 for specified purposes by S.S.I. 2007/140, art. 2(d); s. 81 in force at 23.11.2007 for further specified purposes by S.S.I. 2007/497, art. 2(c); s. 81 in force so far as not already commenced by S.S.I. 2008/311, art. 2(f)

82Short title and commencementS

(1)This Act may be cited as the Legal Profession and Legal Aid (Scotland) Act 2007.

(2)The provisions of this Act, except this section and sections 46, 79 and 80 come into force on such day as the Scottish Ministers may by order appoint.

(3)Different days may be appointed under subsection (2) for different purposes.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Subordinate Legislation Made

P1S. 82 power exercised as follows:

8.2.2007 appointed for specified provisions by {S.S.I. 2007/57}, art. 2;

19.3.2007 appointed for specified provisions by {S.S.I. 2007/140}, art. 2;

30.7.2007 appointed for specified provisions by {S.S.I. 2007/335}, art. 2;

23.11.2007 appointed for specified provisions by {S.S.I. 2007/497}, art. 2;

1.10.2008 appointed for specified provisions by {S.S.I. 2008/311}, art. 2;

25.11.2010 appointed for specified provisions by {S.S.I. 2010/376}, art. 2

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