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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 legislation that affects this Act into force:
(1)As from the commencement of this Act—
(a)a person under the age of 16 years shall, subject to section 2 below, have no legal capacity to enter into any transaction;
(b)a person of or over the age of 16 years shall have legal capacity to enter into any transaction.
(2)Subject to section 8 below, any reference in any enactment to a pupil (other than in the context of education or training) or to a person under legal disability or incapacity by reason of nonage shall, insofar as it relates to any time after the commencement of this Act, be construed as a reference to a person under the age of 16 years.
(3)Nothing in this Act shall—
(a)apply to any transaction entered into before the commencement of this Act;
(b)confer any legal capacity on any person who is under legal disability or incapacity other than by reason of nonage;
(c)affect the delictual or criminal responsibility of any person;
(d)affect any enactment which lays down an age limit expressed in years for any particular purpose;
(e)prevent any person under the age of 16 years from receiving or holding any right, title or interest;
(f)affect any existing rule of law or practice whereby—
(i)any civil proceedings may be brought or defended, or any step in civil proceedings may be taken, in the name of a person under the age of 16 years [F1in relation to whom there is no person entitled to act as his legal representative (within the meaning of Part I of the Children (Scotland) Act 1995), or where there is such a person] is unable (whether by reason of conflict of interest or otherwise) or refuses to bring or defend such proceedings or take such step;
(ii)the court may, in any civil proceedings, appoint a curator ad litem to a person under the age of 16 years;
(iii)the court may, in relation to the approval of an arrangement under section 1 of the M1Trusts (Scotland) Act 1961, appoint a curator ad litem to a person of or over the age of 16 years but under the age of 18 years;
(iv)the court may appoint a curator bonis to any person;
(g)prevent any person under the age of 16 years from [F2exercising parental responsibilities and parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to any child of his.]
(4)Any existing rule of law relating to the legal capacity of minors and pupils which is inconsistent with the provisions of this Act shall cease to have effect.
(5)Any existing rule of law relating to reduction of a transaction on the ground of minority and lesion shall cease to have effect.
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