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The Children (Scotland) Act 1995 (Commencement No.2 and Transitional Provisions) Order 1996

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Article 3

SCHEDULEPROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST NOVEMBER 1996

Column 1Column 2Column 3
Provisions of the ActSubject matterPurpose
Part IParents, Children and Guardians
Section 54Reference to the Principal
Reporter by court
Section 93Interpretation of Part II
Section 98(1)Amendments of the Adoption (Scotland) Act 1978Only for the purpose of bringing into force the provisions of Schedule 2 to the Act specified in column 1
Section 98(2)Interpretation of Part III
Section 105(3)Transitional provisions and savingsOnly for the purpose of bringing into force the provisions of Schedule 3 to the Act specified in column 1
Section 105(4)AmendmentsOnly for the purpose of bringing into force the provisions of Schedule 4 to the Act specified in column 1
Section 105(5)RepealsOnly for the purpose of bringing into force the repeals in Schedule 5 to the Act which are referred to in column 1 below
In Schedule 2, paragraphs–Amendments of the Adoption (Scotland) Act 1978
1
7(a)(i), (b) and (c)
8(a)
9(a)
11(b) and (c)
12(b)(i)
13(a)(ii), (c)(ii) and (d)
14
17(b)
23
26
29(a)(iii), (v) and (vi)
In Schedule 3, paragraph 7Transitional provisions and savings
In Schedule 4, paragraphs–Amendment of enactments
1 to 6
7(1) to (5) and (6)(a)
8 and 9
10(b)
11
14
15(1),(5), (17)(a)(ii), (20)(c) and (28)(d) and (e)
18(3)
19 and 20
23(1)
23(4)(a)Only for the purpose of inserting paragraph (c) into section 7(2) of the Rehabilitation of Offenders Act 1974
23(4)(c)
24(1), (4), (5), (10) and (11)
26(1), (2), (3), (4)(a) and (c), and (5) to (7)
27
28(1) and (5)(a)
29(1) and (2)
30 and 31
33(1) and (4)
34
36
37(1), (5) and (6)(a)(i) and (ii)
38
39(1), (2)(a), (3)(a), (4) and (5)(b)
41
43
46 and 47
48(1) and (4)
50 to 52
53(2), (4) and (5)
54(1) and (5)
In Schedule 5, the repeals specified in the Table belowRepeals

TABLEREPEALS

ChapterShort titleExtent of repeal
8 & 9 Vict. c.19.Lands Clauses Consolidation (Scotland) Act 1845.In section 7, the words “persons under legal disability by reason of nonage” in each place where they occur.
In section 67, the words “persons under legal disability by reason of nonage”.
In section 69, the words “persons under legal disability by reason of nonage”.
12 & 13 Vict. c.51.Judicial Factors Act 1849.In section 1, the words from “the word “Guardian” ” to “years;”.
Section 25(2).
In section 27, the words “guardians and”.
In section 31, the word “guardian,”.
In section 32, the word “guardian,”.
In section 33, the words “guardians or”.
In section 34, in both places where it occurs, the word “guardian,”.
In section 36, the word “guardianships,”.
In section 37, the word “guardian,”.
In section 40, the word “guardians,” in both places where it occurs.
27 & 28 Vict. c.114.Improvement of Land Act 1864.In section 18, the words from “nor shall they” to the end.
In section 21, the words from “or if the landowner” to “minors”; and the words “or circumstance” in both places where they occur.
43 & 44 Vict. c.4.Judicial Factors (Scotland) Act 1880.In section 3, in the definition of “judicial factor”, the words from “and” to “required”.
7 Edw.7 c.51.Sheriff Courts (Scotland) Act 1907.Section 5(2C).
Section 38C.
11 & 12 Geo.5 c.58.Trusts (Scotland) Act 1921.In section 2, in the definition of “trustee”, the words from “guardian” to “years)”.
1 Edw.8 & 1 Geo.6 c.37.Children and Young Persons (Scotland) Act 1937.In section 27, the first paragraph.
1 & 2 Geo.6 c.73.Nursing Homes Registration (Scotland) Act 1938.In section 4(1)(b)(iii), the words “custody or”.
14 & 15 Geo.6 c.65.Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.In section 8(1)(d), the words from “or any order” to the end.
6 & 7 Eliz.2 c.40.Matrimonial Proceedings (Children) Act 1958.Sections 8 to 10.
Section 12.
1968 c. 49. In section 94(1), the definition of “guardian”.Social Work (Scotland) Act 1968.In section 5B(5), the words from “and” at the end of the definition of child to the end of the subsection.
1972 c. 18.Maintenance Orders (Reciprocal Enforcement) Act 1972.Section 4(3).
1973 c. 29.Guardianship Act 1973.The whole Act.
1974 c. 53.Rehabilitation of Offenders Act 1974.In section 7(2) the words from “In the application” to the end.
1975 c. 72.Children Act 1975.Sections 47 to 49.
Section 53.
1978 c. 28.Adoption (Scotland) Act 1978.In section 12, in subsection (3)(b), the words “or by”; and in subsection (4) the word “—(a)” and paragraph (b).
In section 14(1), the words from “Subject” to “certain cases)”.
In section 15, in subsection (1), the words from “Subject” to “certain cases)”; and in subsection (3), the word “natural” wherever it occurs.
In section 65(1), in the definition of “guardian”, paragraph (b).
1984 c. 15.Law Reform (Husband and Wife) (Scotland) Act 1984.Section 3(2).
1984 c. 36.Mental Health (Scotland) Act 1984.Section 55(4).
1985 c. 37.Family Law (Scotland) Act 1985.In section 21, the words from “or an order” to “child”.
1986 c. 9.Law Reform (Parent and Child) (Scotland) Act 1986.Sections 2 to 4.
In section 8, the definitions of “child” and “parental rights”.
In Schedule 1, paragraph 3.
1986 c. 33.Disabled Persons (Services, Consultation and Representation) Act 1986.In section 16, in the definition of “guardian”, paragraph (b).
1986 c. 55.Family Law Act 1986.In section 15(4), the words from “under section” to “1973”.
In section 17, in subsection (1), the words “Subject to subsection (2) below”; and subsection (2). In section 35(4)(c), the words “custody or”.
1988 c. 36.Court of Session Act 1988.Section 20.
1989 c. 41.Children Act 1989.In Schedule 13, paragraph 13.
1991 c. 48.Child Support Act 1991.In section 5(1), the words “(or, in Scotland, parental rights over)” in both places where they occur.
In section 54, the definition of “parental rights”.
1991 c. 50.Age of Legal Capacity (Scotland) Act 1991.In section 5(1), the words “or tutory”.
In section 9, the definition of “parental rights”. In Schedule 1, paragraphs 3 to 5 and 7 to 15.
1993 c. 35.Education Act 1993.In Schedule 19, paragraph 36.

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