SCHEDULES
F14 SCHEDULE 1 Scottish Conveyancing and Executry Services Board
F14 Part I Constitution, Duties, Powers and Status
F14 Constitution
F141
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F142
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F143
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F144
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F145
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F146
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F14 Remuneration
F147
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F14 Staff
F148
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F149
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F14 Proceedings
F1410
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F14 Performance of functions
F1411
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F1412
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F14 Accounts
F1413
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F14 Annual report
F1414
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F14 Appeals
F1415
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F14 Compensation
F1416
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F14 Parliamentary disqualification
F1417
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F14Part II Powers of Investigation
F1418
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F1419
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F1420
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SCHEDULE 2 Publication of applications made under section 25
I261
Any professional or other body making an application under section 25 of this Act shall, for a period of six weeks beginning with the date on which the application is submitted to the Lord President and the Secretary of State—
a
make a copy of the draft scheme referred to in section 25(2) of this Act available for public inspection at a specified place; and
b
on a request from any person—
i
send him a copy of the draft scheme; or
ii
make a copy of the draft scheme available for public inspection at a suitable place in his locality.
I272
Any person may make written representations concerning any draft scheme submitted under section 25 of this Act, and such representations shall—
a
be made to both the Lord President and the Secretary of State; and
b
be delivered to both the Lord President and the Secretary of State before the expiry of the period of six weeks beginning with the date on which the application is made.
I283
At the same time as an application under section 25 is submitted to the Lord President and the Secretary of State, the body making the application shall place an advertisement mentioning the matters referred to in paragraph 4 below in the Edinburgh Gazette and in a daily newspaper circulating throughout Scotland.
I294
An advertisement such as referred to in paragraph 3 above shall state that—
a
a copy of the draft scheme referred to in section 25(2) of this Act will be available for public inspection at a specified place for a period of six weeks beginning with the date on which the advertisement appears;
b
a copy of the draft scheme will be—
i
sent, free of charge, to any person on request; or
ii
made available for public inspection at a suitable place in that person’s locality;
c
any person may make written representations concerning the draft scheme to the Lord President and the Secretary of State; and
d
any such representations are to be delivered within the period of six weeks beginning with the date on which the application is made.
SCHEDULE 3 Scottish Legal Services Ombudsman
F16...
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SCHEDULE 4 Judicial Appointments
Appointments of sheriffs principal, sheriffs and solicitors as judges of the Court of Session
I11
The following categories of person shall, in accordance with this paragraph and paragraphs 2 and 3 below, be eligible to be appointed as judges of the Court of Session—
a
sheriffs principal and sheriffs who have held office as such for a continuous period of not less than 5 years; and
I22
Paragraph 1(a) above shall not confer any eligibility for appointment as a judge of the Court of Session on a temporary sheriff principal or sheriff appointed under section 11 (temporary sheriffs principal and sheriffs) of the M2Sheriff Courts (Scotland) Act 1971 who is not otherwise eligible for appointment as a judge of the Court of Session.
I33
Paragraphs 1 and 2 above are without prejudice to any eligibility to be appointed as a judge of the Court of Session conferred on any category of persons by any other enactment.
Further provision as to Inner House and exchequer causes
I44
1
The M3Court of Session Act 1988 shall be amended as follows.
2
In section 2 (composition of court)—
a
in subsection (3), for the words “the senior judge present shall preside and shall” there shall be substituted the words “
shall direct one of those judges to preside and to
”
; and
b
for subsection (6) there shall be substituted the following subsection—
6
Subject to subsection (7) below, where a vacancy arises in a Division of the Inner House the Lord President and the Lord Justice Clerk, with the consent of the Secretary of State and after such consultation with judges as appears to them to be appropriate in the particular circumstances, shall appoint a Lord Ordinary to fill that vacancy.
3
In section 3 (exchequer causes), for the words “Court by Act of Sederunt” there shall be substituted the words “
Lord President
”
.
Temporary judges
I55
F11
Any person who is eligible under—
a
paragraph 1 above; or
b
any other enactment,
for appointment as a judge of the Court of Session may be appointed as a temporary judge under section 35(3) of this Act F19......
F2F202
A person's appointment as a temporary judge lasts for 5 years, subject to the following provisions of this paragraph and paragraph (9) below.
3
A person's appointment as a temporary judge comes to an end on the date on which the person reaches the age of 70.
4
Sub-paragraph (3) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c.8) (power to authorise continuance in office up to the age of 75.
5
A person's appointment as a temporary judge comes to an end if the person is removed from office under section 39 of the Judiciary Courts (Scotland) Act 2008 (asp 6) (temporary judges: removal from office).
6
A person appointed as a temporary judge may resign at any time by giving notice to that effect to the Scottish Ministers.
7
Where a person's appointment as a temporary judge comes to an end by virtue of sub-paragraph (2) above, the person is to be reappointed under the said section 35(3), unless—
a
the person has declined reappointment,
b
the person has reached the age of 70,
c
the person has sat as a temporary judge on fewer than 50 days during the period of appointment, or
d
the Lord President has recommended to the Scottish Ministers that the person should not be reappointed.
8
A person whose appointment as a temporary judge comes to an end by resignation under sub-paragraph (6) above may be reappointed under the said section 35(3).
9
The provisions of this paragraph, and paragraphs 6 to 11 below, apply to a reappointment as they apply to an appointment.
I66
Subject to paragraph 7 below, a person appointed as a temporary judge under the said section 35(3) shall, while so acting, be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the Court in which he is acting.
I77
Subject to paragraph 8 below, a person shall not, by virtue of paragraph 6 above, be treated as a judge of the Court of Session for the purposes of any other enactment or rule of law relating to—
a
the appointment, tenure of office, retirement, removal or disqualification of judges of that Court, including, without prejudice to the generality of the foregoing, any enactment or rule of law relating to the number of judges who may be appointed; and
b
the remuneration, allowances or pensions of such judges.
I88
A person appointed to be a temporary judge of the Court of Session shall, by virtue of such appointment, be a temporary Lord Commissioner of Justiciary in Scotland.
I99
Notwithstanding the expiry of any period for which a person is appointed under the said section 35(3) to act as a judge—
a
he may attend at the Court of Session or the High Court of Justiciary for the purpose of continuing to deal with, giving judgment in, or dealing with any matter relating to, any case begun before him while acting as a judge of either Court; and
b
for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, having been, a judge of the relevant Court.
I1010
I1111
The appointment of a person to act as a temporary judge under the said section 35(3) is without prejudice to—
a
any appointment held by him as a sheriff principal or sheriff; or
b
his continuing with any business or professional occupation not inconsistent with his acting as a judge.
Amendments to the Small Landholders (Scotland) Act 1911 (c.49)
F412
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SCHEDULE 5 Applications for Children’s Certificates
F22...
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F5 SCHEDULE 6
Sch. 6 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)
I171
1
A court shall not make a supervised attendance order in respect of any offender unless—
a
the court has been notified by the Secretary of State that arrangements exist for persons F8of a class which includes the offender who reside in the locality in which the offender resides, or will be residing when the order comes into force, to carry out the requirements of such an order;
b
the court is satisfied that provision can be made under the arrangements mentioned in paragraph (a) above for the offender to carry out such requirements.
2
Before making a supervised attendance order, the court shall explain to the offender in ordinary language—
a
the purpose and effect of the order and in particular the obligations on the offender as specified in paragraph 3 below;
b
the consequences which may follow under paragraph 4 below if he fails to comply with any of those requirements; and
c
that the court has, under paragraph 5 below, the power to review the order on the application either of the offender or of an officer of the local authority in whose area the offender for the time being resides.
3
The Secretary of State may by order direct that subsection (2) of section 6 of this Act shall be amended by substituting, for any number of hours specified in that subsection such other number of hours as may be specified in the order; and an order under this subsection may in making such amendment specify different such numbers of hours for different classes of case.
4
An order under paragraph (3) above shall be made by statutory instrument, but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
I182
1
A supervised attendance order shall—
a
specify the locality in which the offender resides or will be residing when the order comes into force; and
b
require the local authority in whose area the locality specified under paragraph (a) above is situated to appoint or assign a supervising officer.
2
Where, whether on the same occasion or on separate occasions, an offender is made subject to more than one supervised attendance order, the court may direct that the requirements specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that at no time shall the offender have an outstanding number of hours during which he must carry out the requirements of these orders in excess of the largest number specified in section 62 of this Act.
3
Upon making a supervised attendance order the court shall—
a
give F9, or send by registered post or by the recorded delivery service, a copy of the order to the offender;
b
send a copy of the order to the director of social work of the local authority in whose area the offender resides or will be residing when the order comes into force; and
c
where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court.
F104
Where a copy of a supervised attendance order has, under sub-paragraph (3)(a) above, been sent by registered post or by the recorded delivery service, an acknowledgement or certificate of delivery of a letter containing the copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.
I193
1
An offender in respect of whom a supervised attendance order is in force shall report to the supervising officer and notify him without delay of any change of address or in the times, if any, at which he usually works.
2
Subject to paragraph 5(1) below, instructions given under a supervised attendance order shall be carried out during the period of twelve months beginning with the date of the order; but, unless revoked, the order shall remain in force until the offender has carried out the instructions given under it for the number of hours specified in it.
3
The instructions given by the supervising officer under the order shall, so far as practicable, be such as to avoid any conflict with the offender’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.
I204
1
If at any time while a supervised attendance order is in force in respect of any offender it appears to the appropriate court, on F11information from the supervising officer, that that offender has failed to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order), the court may issue a warrant for the arrest of that offender, or may, if it thinks fit, instead of issuing a warrant in the first instance issue a citation requiring the offender to appear before that court at such time as may be specified in the citation.
2
If it is proved to the satisfaction of the court before which an offender is brought or appears in pursuance of sub-paragraph (1) above that he has failed without reasonable excuse to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order), the court may—
a
revoke the order and impose such period of imprisonment F12not exceeding—
i
in the case of a sheriff court, three months; and
ii
in the case of a district court, 60 days,
as the court considers appropriate; or
b
subject to section 62 of this Act and paragraph 2(2) above, vary the number of hours specified in the order.
3
The evidence of one witness shall, for the purposes of sub-paragraph (2) above, be sufficient evidence.
I215
1
Where a supervised attendance order is in force in respect of any offender and, on the application of that offender or of the supervising officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, that court may—
a
extend, in relation to the order, the period of twelve months specified in paragraph 3 above;
b
subject to section 62 of this Act and paragraph 2(2) above, vary the number of hours specified in the order;
c
revoke the order; or
d
revoke the order and impose such period of imprisonment F13not exceeding—
i
in the case of a sheriff court, three months; and
ii
in the case of a district court, 60 days,
as the court considers appropriate;
2
If the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the locality for the time being specified under paragraph 2(1)(a) above to another locality and—
a
that court has been notified by the Secretary of State that arrangements exist for persons who reside in that other locality to carry out instructions under supervised attendance orders; and
b
it appears to that court that provision can be made under those arrangements for him to carry out instructions under the order;
that court may, and on application of the supervising officer shall, amend the order by substituting that other locality for the locality for the time being specified in the order; and the provisions of section 62 of this Act and of this Schedule shall apply to the order as amended.
3
Where the court proposes to exercise its powers under sub-paragraph (1)(a), (b) or (d) above otherwise than on the application of the offender, it shall issue a citation requiring him to appear before the court and, if he fails to appear, may issue a warrant for his arrest.
I226
1
The Secretary of State may make rules for regulating the carrying out of the requirements of supervised attendance orders.
2
Without prejudice to the generality of subsection (1) above, rules under this section may—
a
limit the number of hours during which the requirements of an order are to be met on any one day;
b
make provision as to the reckoning of time for the purposes of the carrying out of these requirements;
c
make provision for the payment of travelling and other expenses in connection with the carrying out of these requirements;
d
provide for records to be kept of what has been done by any person carrying out these requirements.
3
Rules under this paragraph shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
I237
The Secretary of State shall lay before Parliament each year, or incorporate in annual reports he already makes, a report of the operation of section 62 of this Act and this Schedule.
I248
In section 27 of the M5Social Work (Scotland) Act 1968 (supervision of persons put on probation, released from prison or subject to community service orders)—
a
in subsection (1)(b) there shall be inserted at the end the following
; and
iv
without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
b
for the words “probation and community service scheme”, wherever they occur, there shall be substituted the words “probation, community service and supervised attendance scheme”.
I259
1
In this Schedule—
“the appropriate court”, in relation to a supervised attendance order, means the court having jurisdiction in the locality for the time being specified in the order under paragraph 2(1)(a) above, being a sheriff or district court according to whether the order has been made by a sheriff or a district court, but in a case where the order has been made by a district court and there is no district court in that locality, the sheriff court;
“local authority” and “supervising officer” have the same meanings respectively as in section 62 of this Act.
2
Except where the context otherwise requires, expressions used in this Schedule and in the M6Criminal Procedure (Scotland) Act 1975 have the same meanings in this Schedule as in that Act.
SCHEDULE 7 UNCITRAL
F25...
Sch. 7 repealed (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), s. 35(2), Sch. 2 (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
F25...
SCHEDULE 8 Amendment of Enactments
F21 Part I Amendments to the Licensing (Scotland) Act 1976
Sch. 8 Pt. 1 repealed (1.5.2007 for the repeal of Sch. 8 para. 4, 1.2.2008 for the repeal of Sch. 8 para. 3, and 1.9.2009 at 5.00 a.m. in so far as not already in force) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 7 (with s. 143); S.S.I. 2007/129, art. 3, Sch.; S.S.I. 2007/472, arts. 2, 3, Sch.
F21..
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Part II Miscellaneous
The Probate and Legacy Duties Act 1808 (c. 149)
19
In section 38 of the Probate and Legacy Duties Act 1808 (executors to exhibit inventories of estate)—
a
for the words “oath or solemn affirmation” in both places where they occur there shall be substituted “
declaration
”
; and
b
the words from “(which oath” to “administer)” shall cease to have effect.
The Confirmation of Executors (Scotland) Act 1823 (c. 98)
20
1
In section 3 of the Confirmation of Executors (Scotland) Act 1823 (which requires applications for confirmation to relate to the whole known moveable estate), for the word “oath” in both places where it occurs there shall be substituted “
declaration
”
.
2
In section 4 of that Act (confirmation by executor’s creditor), for the word “oath” there shall be substituted “
declaration
”
.
The Judicial Factors Act 1849 (c. 51)
21
1
In section 5 (factor to lodge monies in one of the banks of Scotland) of the Judicial Factors Act 1849—
a
in subsection (1), for the words “banks in Scotland established by Act of Parliament or royal charter” there shall be substituted the words—
following institutions, that is to say—
a
an institution authorised under the Banking Act 1987;
b
the National Savings Bank; or
c
a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986,
F15b
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2
In section 33 (power of accountant to require information) of that Act, for the word “bank”—
a
in the first place where it occurs, there shall be substituted the words “
institution such as is mentioned in paragraphs (a) to (c) of section 5(1) of this Act
”
; and
b
in the second and third places where it occurs, there shall be inserted the word “
institution
”
.
3
In section 34 (discharge of factors, tutors and curators) of that Act, at the beginning there shall be inserted the words “
Subject to section 34A of this Act,
”
.
4
In section 37 (accumulation of principal and interest on accounts and deposits) of that Act—
a
for the words “bank in Scotland” there shall be substituted the words “
institution such as is mentioned in paragraphs (a) to (c) of section 5(1) of this Act
”
; and
b
for the words “any bank” there shall be substituted the words “
any such institution
”
.
The Confirmation of Executors (Scotland) Act 1858 (c. 56)
I1222
1
In section 2 of the Confirmation of Executors (Scotland) Act 1858 (petition for confirmation to be subscribed by petitioner or his agent), at the end there shall be added “
or by an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions)
(Scotland) Act 1990
”
.
2
In Schedules D and E to that Act (forms of confirmation), for the word “oath” there shall be substituted “
declaration
”
.
The Promissory Oaths Act 1868 (c. 72)
23
In the second part of the Schedule to the Promissory Oaths Act 1868 (officers required to take oath of allegiance and judicial oath), after the words “Judges of the Court of Session in Scotland” there shall be inserted the words “
, temporary judges of the Court of Session and High Court of Justiciary appointed under section 35(3) of the Law Reform (Miscellaneous Provisions)
(Scotland) Act 1990,
”
.
The Intestates Widows and Children (Scotland) Act 1875 (c. 41)
24
1
In section 3 of the Intestates Widows and Children (Scotland) Act 1875 (commissary clerk to prepare inventory etc for widow or children where deceased’s estate small)—
a
for the word “oath” in the first place where it occurs there shall be substituted “
declaration
”
; and
b
for the words “shall take the oath of the applicant thereto” there shall be substituted “
on the inventory and declaration being signed by the applicant
”
.
2
In Schedule A to that Act (form of inventory etc)—
a
for the word “oath” in both places where it occurs there shall be substituted “
declaration
”
;
b
for the words from “in presence of” to “depones” there shall be substituted “
[name and address of applicant]
(hereinafter referred to “the applicant”) hereby declares
”
;
c
for the words “deponent” wherever it occurs and “deponent’s” there shall be substituted respectively “
applicant
”
and “
applicant’s
”
; and
d
the words from “All which” to the end shall cease to have effect.
3
In Schedule B to that Act (form of confirmation)—
a
for the word “oath” in both places where it occurs there shall be substituted “
declaration
”
; and
b
for the word “deponed” there shall be substituted “
declared
”
.
The Small Testate Estates (Scotland) Act 1876 (c. 24)
25
1
In section 3 of the Small Testate Estates (Scotland) Act 1876 (simplified procedure for confirmation to small estates)—
a
for the word “oath” there shall be substituted “
declaration
”
; and
b
for the words “being duly sworn to” there shall be substituted “
and declaration being duly signed
”
.
2
In Schedule A to that Act (form of inventory etc)—
a
for the word “oath” in both places where it occurs there shall be substituted “
declaration
”
;
b
for the words from “In presence of” to “depones” there shall be substituted “
[name and address of applicant]
(hereinafter referred to “the applicant”) hereby declares
”
;
c
for the word “deponent” wherever it occurs there shall be substituted “
applicant
”
; and
d
the words from “All which” to the end shall cease to have effect.
3
In Schedule B to that Act (form of confirmation), for the word “oath” there shall be substituted “
declaration
”
.
The Sheriff Courts (Scotland) Act 1971 (c.58)
26
1
For subsection (1) of section 33 (Sheriff Court Rules Council) of the Sheriff Courts (Scotland) Act 1971 there shall be substituted the following subsection—
1
There shall be established a body (to be known as the Sheriff Court Rules Council, and hereafter in this section and section 34 called “the Council”) which shall have the functions conferred on it by section 34, and which shall consist of—
a
two sheriffs principal, three sheriffs, one advocate, five solicitors and two whole-time sheriff clerks, all appointed by the Lord President of the Court of Session, after consultation with such persons as appear to him to be appropriate;
b
two persons appointed by the Lord President after consultation with the Secretary of State, being persons appearing to the Lord President to have—
i
a knowledge of the working procedures and practices of the civil courts;
ii
a knowledge of consumer affairs; and
iii
an awareness of the interests of litigants in the civil courts; and
c
one person appointed by the Secretary of State, being a person appearing to the Secretary of State to be qualified for such appointment.
2
In subsection (3) of that section, for the words “consultation with such persons as may appear to him appropriate” there shall be substituted the words “
such consultation as is mentioned in paragraph (a) or, as the case may be, (b) of subsection (1) above
”
.
The Criminal Procedure (Scotland) Act 1975 (c. 21)
I1327
1
The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.
2
After section 282 there shall be inserted the following sections—
282A Right of audience of solicitor before the High Court.
Without prejudice to section 250 of this Act, any solicitor who has, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980 a right of audience in relation to the High Court of Justiciary shall have the same right of audience in that court as is enjoyed by an advocate.
282B Further provision as to rights of audience.
Any person who has complied with the terms of a scheme approved under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (consideration of applications made under section 25) shall have such rights of audience before the High Court of Justiciary as may be specified in an Act of Adjournal made under subsection (7)(b) of that section.
3
In subsection (1)(b) of section 407 (imprisonment for non-payment of fine), at the end there shall be inserted “
either with immediate effect or to take effect in the event of the person failing to pay the fine or any part or instalment of it by such further time as the court may order
”
.
The Community Service by Offenders (Scotland) Act 1978 (c. 49)
28
In section 4 of the Community Service by Offenders (Scotland) Act 1978 (which, amongst other things, gives the court powers to deal with failure to comply with community service orders) there shall be added at the end the following subsection—
3
The evidence of one witness shall, for the purposes of subsection (2) above, be sufficient evidence.
The Solicitors (Scotland) Act 1980 (c. 46)
I1429
1
The Solicitors (Scotland) Act 1980 shall be amended as follows.
2
In section 9 (removal of name from roll on request)—
a
after the words “his name” there shall be inserted the words “
, or any annotation made against his name under section 25A(3),
”
; and
b
after the words “that solicitor” there shall be inserted the words “
or, as the case may be, the annotation against his name,
”
.
3
In section 10 (restoration of name to roll on request), in subsection (1A)—
a
after the words “whose name” there shall be inserted the words “
, or any annotation against whose name,
”
; and
b
after the words “that solicitor” there shall be inserted the words “
or, as the case may be, the annotation,
”
.
4
In section 20 (duty of Council to supply lists)—
a
in subsection (1), after paragraph (a) there shall be inserted the following paragraph—
ab
to the Principal Clerk of Session;
b
for subsection (2) there shall be substituted the following subsection—
2
The Council shall send a list of all solicitors who have rights of audience in—
a
the Court of Session, to—
i
the Principal Clerk of Session;
ii
the Principal Clerk of the Judicial Office of the House of Lords; and
iii
the Registrar to the Judicial Committee of the Privy Council;
and
b
the High Court of Justiciary, to the Principal Clerk of Justiciary,
as soon as practicable after 1st December in each year; and where, by virtue of an order under section 53(2)(ba), 53A(2)(ba) or 55(1)(ba), a solicitor’s right of audience in any of those courts is suspended or revoked, the Council shall forthwith inform the persons mentioned in this subsection of that fact.
5
In section 26 of the 1980 Act (offence for solicitors to act as agents for unqualified persons)—
a
in subsection (1)(c), at the beginning there shall be inserted “
subject to subsection (4),
”
;
b
in subsection (1)(d), at the beginning there shall be inserted “
subject to subsection (4),
”
;
c
in subsection (2), at the end there shall be inserted “
or employed by a law centre.
”
; and
d
after subsection (3) there shall be inserted—
4
Subsection (1)(c) and (d) shall not apply in relation to—
a
writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or
b
papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.
6
In section 32 (which makes it an offence for unqualified persons to prepare writs and papers relating to certain matters)—
a
in subsection (2)(a), after the words “fee, gain or reward” there shall be inserted the words “
(other than by way of remuneration paid under a contract of employment)
”
; and
b
after subsection (2) there shall be inserted the following subsections—
2A
Subsection (1)(a)
shall not apply to a qualified conveyancer providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
2B
Subsection (1)(b)
shall not apply to a person who is, by virtue of an act of sederunt made under section 32 (power of Court of Session to regulate procedure) of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.
2C
Subsection (1)(c)
shall not apply to an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
7
At the end of section 33 (unqualified person not entitled to fees etc.) there shall be inserted the words “
or in relation to writs framed or drawn by a person who is, by virtue of an act of sederunt made under section 32 of the M4Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.
”
8
In section 42A (powers of Council where inadequate professional services alleged), at the end of subsection (2) there shall be inserted the following paragraph—
d
to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Council may specify.
9
In section 51(3) (complaints to Scottish Solicitors Discipline Tribunal)—
a
after paragraph (b) there shall be inserted—
ba
the Dean of the Faculty of Advocates;
b
for paragraph (f) there shall be substituted—
f
the Scottish legal services ombudsman.
10
In section 53 (powers of Tribunal)—
a
after subsection (2)(b) there shall be inserted the following paragraph—
ba
order that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked;
b
in subsection (2)(c), for the words “£4,000” there shall be substituted the words “
£10,000
”
;
c
after subsection (3A) there shall be inserted the following subsection—
3B
The power conferred by subsection (2)(ba)
may be exercised by the Tribunal either independently of, or in conjunction with, any other power conferred by that subsection.
d
in subsection (6), after the words “as a solicitor” there shall be inserted the words “
or that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked
”
.
11
In section 53A (inadequate professional services: powers of Tribunal),
a
after subsection (2)(b) there shall be inserted the following paragraph—
ba
to order that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked;
b
after subsection (2)(c) there shall be inserted the following paragraph—
d
to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Tribunal may specify.
12
In section 55 (powers of court)—
a
after subsection (1)(b) there shall be inserted the following paragraphs—
ba
suspend the solicitor from exercising any right of audience held by him by virtue of section 25A for such period as the court may determine; or
bb
revoke any right of audience so acquired by him; or
b
after subsection (3) there shall be inserted the following subsection—
3A
A solicitor whose rights of audience under section 25A have been revoked in pursuance of an order made by the court under subsection (1) may apply to the court for an order restoring those rights, and the court may make such order.
13
After section 56 there shall be inserted the following section—
56A Further provision as to compensation awards.
1
The taking of any steps under section 42A(2) or 53A(2) shall not be founded upon in any proceedings for the purpose of showing that the solicitor in respect of whom the steps were taken was negligent.
2
A direction under section 42A(2)(d) or 53A(2)(d) to a solicitor to pay compensation to a client shall not prejudice any right of that client to take proceedings against that solicitor for damages in respect of any loss which he alleges he has suffered as a result of that solicitor’s negligence, and any sum directed to be paid to that client under either of those provisions may be taken into account in the computation of any award of damages made to him in any such proceedings.
3
The Secretary of State may by order made by statutory instrument amend subsection (2)(d) of sections 42A and 53A by substituting for the sum for the time being specified in those provisions such other sum as he considers appropriate.
4
Before making any such order the Secretary of State shall consult the Council.
5
An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
14
In section 63 (penalties and time limit for prosecution of offences)—
a
in subsection (1)—
i
for the words “level 3” there shall be substituted the words “
level 4
”
; and
ii
the words from “and to imprisonment” to the end shall cease to have effect; and
b
after subsection (2) there shall be inserted the following subsections—
3
Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—
a
any director, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
4
Where an offence under this Act is committed by a partnership or by an unincorporated association (other than a partnership) and is proved to have been committed with the consent or connivance of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
15
In subsection (1) of section 65 (interpretation)—
a
after the definition of “the court” there shall be inserted—
“the Director” means the Director General of Fair Trading;
“foreign lawyer” means a person who is not a solicitor or an advocate but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outwith Scotland;
b
after the definition of “judge” there shall be inserted—
“law centre” means a body—
a
established for the purpose of providing legal services to the public generally as well as to individual members of the public; and
b
which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre;
c
after the definition of “Lord President” there shall be inserted—
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“multi-national practice” means—
a
a partnership whose members are solicitors or incorporated practices and registered foreign lawyers; or
b
a body corporate whose members include registered foreign lawyers, and membership of which is restricted to solicitors, incorporated practices, registered foreign lawyers and other multi-national practices;
d
after the definition of “property” there shall be inserted—
“registered foreign lawyer” means a foreign lawyer who is registered under section 60A;
e
after the definition of “the Society” there shall be inserted—
“Scottish legal services ombudsman” means the ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
F27f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
In Schedule 1 (The Law Society of Scotland), after paragraph 11 there shall be inserted—
Exemption from liability for damages
11A
Neither the Society nor any of its officers or servants shall be liable in damages for anything done or omitted in the discharge or purported discharge of its functions unless the act or omission is shown to have been in bad faith.
17
In Schedule 4 (constitution, procedure and powers of Tribunal)—
a
in paragraph 1—
i
in sub-paragraph (a), at the end there shall be inserted the words “
appointed by the Lord President;
”
ii
in sub-paragraph (b), for the word “4” there shall be substituted the word “
8
”
;
iii
at the end of sub-paragraph (b) there shall be inserted the words “
appointed by the Lord President after consultation with the Secretary of State.
”
; and
iv
the words “appointed by the Lord President”, where they appear at the end of that paragraph, shall cease to have effect;
b
in paragraph 2—
i
after the words “Lord President” there shall be inserted the words “
after consultation with the Secretary of State
”
; and
ii
for the words “so re-appointed” there shall be substituted the words “
re-appointed by the Lord President
”
;
c
in paragraph 3, after the words “as the case may be,” there shall be inserted the words “
after consultation with the Secretary of State,
”
;
d
in paragraph 14, for the words from “may be published” to the end there shall be substituted the words “
shall, subject to paragraph 14A, be published in full
”
;
e
after paragraph 14 there shall be inserted the following paragraph—
14A
In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than—
a
the solicitor against whom the complaint was made; or
b
his partners; or
c
his or their families,
but where they so refrain they shall publish their reasons for so doing.
f
in paragraph 17—
i
the words from “also” to “before the order” shall cease to have effect;
ii
after the words “and shall” there shall be inserted the words “
, without prejudice to paragraph 14,
”
; and
iii
the words from “and in such other manner” to the end shall cease to have effect; and
g
after paragraph 18 there shall be inserted the following paragraph—
18A
Without prejudice to paragraph 18, the Council shall ensure that a copy of every decision published under paragraph 14 is open for inspection at the office of the Society during office hours by any person without payment of any fee.
The Criminal Justice (Scotland) Act 1980 (c. 62)
30
1
For section 76 of the Criminal Justice (Scotland) Act 1980 (presumption as to the contents of containers) there shall be substituted the following section—
76 Presumption as to contents of container.
Section 127 of the Licensing (Scotland) Act 1976 shall apply for the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act as it applies for the purposes of any trial in connection with an alleged contravention of any provision of that Act.
2
Nothing in this paragraph shall apply to the prosecution of any person for an offence committed before the commencement of this paragraph.
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
31
1
In section 6(3)(e) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (occupancy rights after dealing with third parties)—
a
the words “, at or before the time of the dealing,” shall cease to have effect; and
b
in sub-paragraph (i)—
i
after the word “not” there shall be inserted “
or were not at the time of the dealing
”
; and
ii
after the word “has” there shall be inserted “
or had
”
.
2
In section 8 of that Act (interests of heritable creditors)—
a
in subsection (2), the words “before the granting of the loan” shall cease to have effect; and
b
in subsection (2A)—
i
the words “at or before the granting of the security” shall cease to have effect;
ii
after the word “not” in paragraph (a) there shall be inserted “
or were not at the time of the granting of the security
”
; and
iii
after the word “has” in paragraph (a) there shall be inserted “
or had
”
.
The Representation of the People Act 1983 (c. 2)
32
Section 42(3)(b) of the Representation of the People Act 1983 (nomination paper in local election to contain statement of acceptance of office) shall cease to have effect.
The Companies Act 1985 (c. 6)
F633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Family Law (Scotland) Act 1985 (c.37)
34
In section 8(1) of the Family Law (Scotland) Act 1985 (orders for financial provision on divorce etc)—
a
in paragraph (a), the words “or the transfer of property” shall cease to have effect; and
b
at the end of paragraph (a) there shall be inserted the following paragraph—
aa
an order for the transfer of property to him by the other party to the marriage;
The Insolvency Act 1986 (c. 45)
35
Section 53(3) of the Insolvency Act 1986 (execution of instrument appointing receiver) shall cease to have effect.
The Legal Aid (Scotland) Act 1986 (c. 47)
I1536
1
In subsection (3) of section 4 (Scottish Legal Aid Fund) of the Legal Aid (Scotland) Act 1986—
a
paragraph (a) shall cease to have effect; and
b
in paragraph (c), after the word “property” there shall be inserted “
(including money)
”
.
2
In subsection (1) of section 6 (definitions) of that Act, for the words “if and so far as may be necessary”, in both places where they occur, there shall be substituted the words “
where appropriate
”
.
3
In subsection (2) of section 13 (meaning of “civil legal aid”) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “
, where appropriate,
”
.
4
In subsection (3) of section 14 (availability of civil legal aid) of that Act, at the beginning there shall be inserted the words “
Subject to subsections (4) to (6) below,
”
.
5
After the said subsection (3) there shall be inserted the following subsections—
4
Where—
a
the Board has refused an application for civil legal aid by a person who has applied for such aid for the purpose of raising an action against the Board; and
b
the applicant has applied to the Board for a review of his application,
the Board shall, unless they decide to grant the application forthwith, refer the application, together with all relevant precognitions, statements and other papers, including any observations they wish to make on the application, to the sheriff for Lothian and Borders at Edinburgh.
5
Subject to section 15 of this Act, and to subsection (2) above, where the sheriff decides—
a
that the applicant has aprobabilis causa litigandi; and
b
that it is reasonable in the particular circumstances of the case that he should receive legal aid,
he shall so inform the Board, and the Board shall make civil legal aid available to the applicant.
6
A decision made by the sheriff under subsection (5) above shall be final.
I156
After subsection (2) of section 17 (contributions and payments out of property received) of that Act, there shall be inserted the following subsections—
2A
Except in so far as regulations made under this section otherwise provide, any sum of money recovered under an award of or an agreement as to expenses in favour of any party in any proceedings in respect of which he is or has been in receipt of civil legal aid shall be paid to the Board.
2B
Except in so far as regulations made under this section otherwise provide, where, in any proceedings, there is a net liability of the Fund on the account of any party, the amount of that liability shall be paid to the Board by that party, in priority to any other debts, out of any property (wherever situate) which is recovered or preserved for him—
a
in the proceedings; or
b
under any settlement to avoid them or to bring them to an end.
7
Subsections (3) to (5) of that section shall cease to have effect.
8
In subsection (6) of that section, for the words “subsection (5)” there shall be substituted the words “
subsection (2A) or (2B)
”
.
9
In subsection (8) of that section, for the words from “subsection” to the end there shall be substituted the words “
subsection (1) above and in section 33 of this Act to “fees and outlays” include references to sums which would have been payable to that solicitor if he had been so employed.
”
10
In subsection (4) of section 21 (scope and nature of criminal legal aid) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “
, where appropriate,
”
.
11
In subsection (8) of section 29 (legal aid in certain proceedings relating to children) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “
, where appropriate,
”
.
12
In subsection (4) of section 30 (legal aid in contempt proceedings) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “
, where appropriate,
”
.
13
In subsection (1) of section 31 (solicitors and counsel) of that Act, for the words “his counsel” there shall be substituted the words “
or a solicitor holding rights of audience by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, his counsel or such a solicitor
”
.
14
In subsection (9)(b) of the said section 31, at the beginning there shall be inserted “
Subject to subsection (11) below,
”
.
15
At the end of the said section 31 there shall be inserted the following subsection—
11
Nothing in subsection (9)(b) above shall enable the Secretary of State to make regulations authorising the granting of legal aid only to solicitors holding rights of audience under section 25A (rights of audience) of the Solicitors (Scotland) Act 1980.
16
In subsection (3) of section 33 (fees and outlays of counsel and solicitors) of that Act—
a
in paragraph (c) the words “and taxation” and “or taxation”; and
b
in paragraph (d) the word “, taxation”,
shall cease to have effect.
The Criminal Justice (Scotland) Act 1987 (c. 41)
37
In section 6(1) of the Criminal Justice (Scotland) Act 1987 (definition of implicative gifts), for the words “mentioned in section 5(2) of this Act” there shall be substituted “
on which, in respect of a person suspected of, or charged with, an offence to which section 1 of this Act relates, the warrant to arrest and commit was granted, or a restraint order was made (whichever first occurs).
”
The Court of Session Act 1988 (c. 36)
38
For section 48 (limited right of audience of solicitor before the court) of the Court of Session Act 1988 there shall be substituted the following sections—
48 Right of audience of solicitor before the court.
1
Any solicitor who has, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980 a right of audience in relation to the Court of Session shall have the same right of audience in that court as is enjoyed by an advocate.
2
Any solicitor shall have a right of audience—
a
before the vacation judge; and
b
in such other circumstances as may be prescribed.
48A Further provision as to rights of audience.
Any person who has complied with the terms of a scheme approved under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (consideration of applications made under section 25) shall have such rights of audience before the court as may be specified in an act of sederunt made under subsection (7)(a) of that section.
The Antarctic Minerals Act 1989 (c. 21)
F739
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E1I16SCHEDULE 9 Repeals
Sch. 9 partly in force; Sch. 9 not in force at Royal Assent see s. 75(2); Sch. 9 in force in relation to specified repeals: at 1.12.1990 by S.I. 1990/2328; at 1.1.1991 by S.I. 1990/2624; at 1.4.1991 by S.I. 1991/330, art. 4, Sch., at 3.6.1991 and 15.8.1991 by S.I. 1991/1252, arts. 3, 4, Schs. 1, 2; at 26.8.1991 by S.I. 1991/1903, art. 3, Sch.; at 30.09.1991 by S.I. 1991/2151, art. 3, Sch.; at 17.3.1993 by S.I. 1993/641, art. 3, Sch.; at 1.3.1997 by 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
Sch. 9 extends to Scotland only except as provided by s. 75(6)(7)
Chapter | Short title | Extent of repeal |
|---|---|---|
1808 c. 149. | The Probate and Legacy Duties Act 1808. | In section 38, the words from “(which oath” to “administer)”. |
1858 c. 56. | The Confirmation of Executors (Scotland) Act 1858. | Section 11. |
1875 c. 41. | The Intestates Widows and Children (Scotland) Act 1875. | In section 6, the words from the beginning to “affirmations.”.In Schedule A, the words from “All which” to the end. |
1876 c. 24. | The Small Testate Estates (Scotland) Act 1876. | Section 6.In Schedule A, the words from “All which” to the end. |
1900 c. 55. | The Executors (Scotland) Act 1900. | Section 8. |
1907 c. 51. | The Sheriff Courts (Scotland) Act 1907. | In section 40, the words from “agents” to “1967)”. |
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 1, the words “lay observer appointed under section 49 of the Solicitors (Scotland) Act 1980”. |
1976 c. 66. | The Licensing (Scotland) Act 1976. | In section 6, the words from “Provided that” to the end of the subsection.In section 18, in subsection (1), the words from “when” to the end.Section 55.Section 61.In section 97(2), the words “or supply”.Sections 131 and 132.In section 133(4), the words “and (6)”.In Schedule 4, in paragraph 1, the words from “as” to “Act”, paragraphs 12, 13 and 14, in paragraph 15, the words “or 12 above”, paragraphs 16, 17 and 19 to 22. |
1977 c. 50. | The Unfair Contract Terms Act 1977. | In section 15(1), the words “applies only to contracts,”.In section 25, subsections (3)(d) and (4). |
1980 c. 46. | The Solicitors (Scotland) Act 1980. | In section 20(1), the word “and”.Section 27.Section 29.Section 31(3).Section 49.In section 63(1), the words “and to imprisonment for a period not exceeding one month”.In section 65(1), the definition of “lay observer”.In Schedule 4, in paragraph 1, the words “appointed by the Lord President” following sub-paragraph (b), and in paragraph 17, the words from “also” to “before the order” and the words from “and in such other manner” to the end.Schedule 5. |
1981 c. 59. | The Matrimonial Homes (Family Protection) (Scotland) Act 1981. | In section 6(3)(e), the words “, at or before the time of the dealing,”.In section 8, in subsection (2), the words “before the granting of the loan”, and in subsection (2A), the words “at or before the granting of the security”. |
1983 c. 2. | The Representation of the People Act 1983. | Section 42(3)(b). |
1983 c. 12. | The Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983. | In Schedule 1, paragraph 7. |
1985 c. 6. | The Companies Act 1985. | In section 38(1), the words “under the law of England and Wales”.In section 39(3), the words “or, in the case of a company registered in Scotland, subscribed in accordance with section 36B,”.In section 186, the words “(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)”.In section 188(2), the words “(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)”.Section 462(2). |
1985 c. 37. | The Family Law (Scotland) Act 1985. | In section 8(1)(a), the words “or the transfer of property”. |
1985 c. 73. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. | In Part I of Schedule 1, paragraphs 4 and 5. |
1986 c. 45. | The Insolvency Act 1986. | Section 53(3). |
1986 c. 47. | The Legal Aid (Scotland) Act 1986. | In section 4(3), paragraph (a) and, in paragraph (b), the words “a court”.In section 13(2), the words “(so far as is necessary)”.Section 17(3) to (5).In section 33(3), in paragraph (c), the words “and taxation” and “or taxation”, and, in paragraph (d), the word “, taxation”. |
1988 c. 34. | The Legal Aid Act 1988. | In paragraph 3 of Schedule 4, sub-paragraphs (b) and (c). |
1988 c. 36. | The Court of Session Act 1988. | Section 5(g). |
1989 c. 40. | The Companies Act 1989. | Section 130(3).In Schedule 17, paragraphs 1(2), 2(4), 8 and 10. |
Sch. 1 repealed (S.) (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(16); S.S.I. 2003/384, art. 2(d)