Statutory Instruments
LEGAL PROFESSION
Made
6th November 1996
The Secretary of State, in exercise of the powers conferred upon him by section 75(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 13) Order 1996.
2. In this Order—
“the Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and
“the Board” means the Scottish Conveyancing and Executry Services Board.
3. The prvisions of the Act, which are specified in column 1 of the Schedule to this Order, and described by refernece to the subject matter in column 2 of that Schedule, shall come into force on 5th December 1996 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
James Duglas-Hamilton
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
6th November 1996
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject matter | Purpose |
| Section 17, in so far as not already in force | Qualified conveyancers | |
| Section 18, in so far as not already in force | Executry practitioners | |
| Section 20 | Professional misconduct, inadequate professional services, etc | |
| Section 21 | Board’s intervention powers | |
| Section 22, except subsection (1)(b) and (2)(c) | Disclosure of documents etc | |
| In section 34—subsection (9)(d), (e) and (g) | Scottish legal services ombudsman | |
| In Schdeule 1, Part II | Board’s powers of investigation | |
| Section 74 | Amendments and repeals | Only for the prpose of bringing into force the provisions of Schedules 8 and 9 of the Act specified or referred to in column 1 below |
| In Schedule 8, paragraphs— | Amendments of enactments | |
| 19 and 20 | ||
| 22(1) | For all purpses, except in relation to a recognised financial instutution | |
| 22(2) | ||
| 24 and 25 | ||
| 29(5) and (6)(b), insofar as not already in force | For all purpses, except in relation to a recognised financial institution | |
| In Schedule 9—the repeals specified in the table below | Repeals |
| Chapter | Short title | Extend of Repeals |
|---|---|---|
| 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. |
(This note is not part of the Order)
This Order appoints 5th December 1996 for the coming into force of the provisons of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 which are specified in the Schedule to the Order insofar as these are not already in force.
(This note is not part of the Order)
The following provisins of the Act insofar as these are not already in force have been brought into force by Commencement Orders made before the date of this Order:
| Provisions | Date of commencement | S.I. No. |
|---|---|---|
| Sections 63, 72, 74 (partially), 75 and Schedules 8 (partially) and 9 (partially) | 1.12.1990 | 1990/2328 |
| Sections 64, 65, 74 (partially) and Schedules 8 (partially) and 9 (partially) | 1.1.1991 | 1990/2624 |
| Section 69 | 1.3.1991 | 1991/330 |
| Sections 68, 74 (partially) and Schedule 9 (partially) | 1.4.1991 | 1991/330 |
| Sections 16, 23, 34 (partially), 35, 44, 73 (partially), 74 (partially) and Schedules 1 (partially), 3, 4 and 8 (partially) | 1.4.1991 | 1991/822 |
| Sections 61 and 62 and Schedules 6 and 8 (partially) | 1.4.1991 | 1991/850 |
| Sections 24, 30, 33, 34 (partially), 43, 74 (partially) and Schedules 8 (partially) and 9 (partially) | 3.6.1991 | 1991/1252 |
| Section 74 (partially) and Schedule 9 (partially) | 15.8.1991 | 1991/1252 |
| Section 74 (partially) and Schedules 8 (partially) and 9 (partially) | 26.8.1991 | 1990/1903 |
| Sections 17 (partially), 18 (partially), 38, 39, 40, 41, 42, 56 (partially), 57 (partially), 58 (partially), 59 (partially), 60, 74 (partially) and Schedules 8 (partially) and 9 (partially) | 30.9.1991 | 1991/2151 |
| Section 74 (partially) and Schedule 8 (partially) | 31.12.1991 | 1990/2862 |
| Section 3, 4, 5, 7, 9, 15 and 36 (all partially) | 4.7.1992 | 1992/1599 |
| Sections 36 (partially), 37, 74 (partially) and Schedule 8 (partialy) | 20.7.1992 | 1992/1599 |
| Sections 1-3, 6-9 and 13-15 | 27.7.1992 | 1992/1599 |
| Sections 4 and 5 | 30.9.1992 | 1992/1599 |
| Section 31 and sections 32, 73, 74, Schedule 8 and Schedule 9 (all partially) | 17.3.1993 | 1993/641 |
| Section 10, 11 and 12 | 15.9.1993 | 1993/2253 |