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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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- 1990 c. 40
- SCHEDULE 7
- Chapter IV
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Changes and effects yet to be applied to Schedule 7 Part 5:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 34(9) para. (d)(g) text amended by 2003 asp 4 Sch. 4 para. 12(13)(b)(ii)(iii)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 20A(2)(a)(iii) text amended by 2007 asp 5 Sch. 5 para. 3(5)
- s. 20A(2)(a)(iii) text amended by S.S.I. 2011/235 art. 6(3)
- s. 20B-20E inserted by 2007 asp 5 s. 54(3)
- s. 20ZA-20ZC inserted by 2007 asp 5 s. 54(2)
- s. 20ZD 20ZE inserted by 2007 asp 5 s. 55(2)
- s. 21A-21C inserted by 2003 asp 4 Sch. 4 para. 12(9)
- s. 21A(1) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(i)
- s. 21A(1)(a)(b) and word repealed by 2007 asp 5 Sch. 5 para. 3(7)(a)(ii)
- s. 21A(1)(c) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
- s. 21A(2) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(i)
- s. 21A(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(ii)
- s. 21B heading text amended by 2007 asp 5 Sch. 5 para. 3(8)(a)
- s. 21B(1) text amended by 2007 asp 5 Sch. 5 para. 3(8)(b)(i)
- s. 21B(1)(a) substituted by 2007 asp 5 Sch. 5 para. 3(8)(b)(ii)
- s. 21B(2) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(i)(ii)
- s. 21B(2)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iii)
- s. 21B(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iv)
- s. 21B(3) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(i)
- s. 21B(3)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(ii)
- s. 21B(4) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(i)
- s. 21B(4)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(ii)
- s. 21C repealed by 2010 asp 16 s. 128(3)
- s. 41A-41B inserted by S.I. 2003/1398 Sch. para. 12(3)
Commencement Orders yet to be applied to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2004/382 art. 2 commences (1990 c. 40)
- S.S.I. 2007/141 art. 2 commences (1990 c. 40)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/1436 art. 2 3 commences (2007 c. 29)
- S.S.I. 2003/384 art. 2 Commencement Order
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2005/644 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/189 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/140 art. 2 commences (2007 asp 5)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
- S.S.I. 2008/311 art. 2 commences (2007 asp 5)
- S.S.I. 2009/192 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/39 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/195 art. 2 commences (2010 asp 1)
- S.S.I. 2011/180 art. 3 4 5 6 7 commences (2010 asp 16)
Chapter IVS Jurisdiction of Arbitral Tribunal
Article 16S Competence of arbitral tribunal to rule on its jurisdiction
(1)The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
(2)A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
(3)The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules on such a plea as a preliminary question, any party may, within thirty days after having received notice of that ruling, request the court specified in article 6 to decide the matter, which decision shall be subject to no appeal. While such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
Article 17S Power of arbitral tribunal to order interim measures
(1)Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measures of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measure.
(2)An order under paragraph (1) of this article shall take the form of an award and articles 31, 35 and 36 shall apply accordingly.
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