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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Entail Amendment Act 1848, Section 2 is up to date with all changes known to be in force on or before 30 May 2016. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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.
Where any estate in Scotland is held by virtue of any tailzie dated prior to the said first day of August one thousand eight hundred and forty-eight, it shall be lawful for any heir of entail born on or after the said first day of August, being of full age, and in possession of such entailed estate by virtue of such tailzie, to acquire such estate, in whole or in part, in fee simple, by applying to the Court of Session for authority to execute, and executing, and recording in the register of tailzies, under the authority of the court, an instrument of disentail in the form and manner herein-after provided; and it shall be lawful for any heir of entail, though born before the said first day of August one thousand eight hundred and forty-eight, being of full age, and in possession of such entailed estate by virtue of such tailzie dated prior to the said first day of August, with the consent (and not otherwise) of the heir next in succession, being heir apparent under the entail of the heir in possession, he being born on or after the said first day of August one thousand eight hundred and forty-eight, and being of the age of [F2eighteen years] complete at the time of granting such consent, and not subject to any legal incapacity, to acquire such estate, in whole or in part, in fee simple, by executing, under authority of the court, an instrument of disentail as aforesaid, in the form and manner herein-after provided.]
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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