Article 3(2) and (3)
SCHEDULE 1Provisions of schedule 5 (minor and consequential amendments) coming into force on 22nd April 2009
| Column 1 – provisions | Column 2 – purpose |
|---|---|
1. Paragraph 5 (the Judicial Factors (Scotland) Act 1889)(1) | |
2. In paragraph 7 (the Execution of Diligence (Scotland) Act 1926)(2)– | |
(a)sub-paragraph (1) | For the purposes of the provisions commenced in this Order |
(b)sub-paragraph (2)(b)(iii), (d) and (3)(b) | |
(c)sub-paragraph (2)(c) | For the purposes of the substitution of the term “solicitor” for “law agent” |
3. In paragraph 13 (the Bankruptcy (Scotland) Act 1985)(3)– | |
(a)sub-paragraph (1) | For the purposes of the provision commenced in this Order |
(b)sub-paragraph (3)(b) | |
4. In paragraph 16 (the Debtors (Scotland) Act 1987)(4)– | |
(a)sub-paragraph (1) | For the purposes of the provisions commenced in this Order |
(b)sub-paragraph (2)(c) | |
(c)sub-paragraph (2)(f) | |
(d)sub-paragraph (4)(c) | |
(e)sub-paragraph (5) | |
(f)sub-paragraph (6) | |
(g)sub-paragraph (7)(a), (ii), (iv) and (b) | |
(h)sub-paragraph (8)(e)(i), (f) and (h) | |
5. Paragraph 18(a)(ii) (the Child Support Act 1991)(5). | For all purposes except substituting the reference to an action of adjudication |
6. Paragraph 22 (the Proceeds of Crime (Scotland) Act 1995)(6). | |
7. Paragraph 29 (the Proceeds of Crime (Scotland) Act 2002)(7). | |
8. In paragraph 30 (the Debt Arrangement and Attachment (Scotland) Act 2002)(8)– | |
(a)sub-paragraph (1) | For the purposes of the provisions commenced in this Order |
(b)sub-paragraphs (4), (9) and (11)(a)(i) |
Article 3(2) and (3)
SCHEDULE 2Repeals in schedule 6 coming into force on 22 April 2009
| Column 1 – repeal | Column 2 – purpose |
|---|---|
1. The entry in respect of the Arrestments Act 1617(9). | |
2. The entry in respect of section 22 of the Debtors (Scotland) Act 1838(10). | |
3. The entry in respect of Schedules PP and RR of the Titles to Land Consolidation (Scotland) Act 1868(11). | In so far as it repeals– (a) Schedule PP; and (b) Schedule RR for the purpose of notice of Summons for breach of inhibition |
4. The entry in respect of section 29 of the Sheriff Courts (Scotland) Act 1907(12). | |
5. The entry in respect of the Taxes Management Act 1970(13). | |
6. The entry in respect of the Rent (Scotland) Act 1984(14). | |
7. The entry in respect of the Family Law (Scotland) Act 1985(15). | |
8. In the entry in respect of the Bankruptcy (Scotland) Act 1985(16)– | |
(a)the repeal of section 14(5); | |
(b)the repeal in section 31(2) of “(reserving the effect of such inhibition on ranking)”; | |
(c)in respect of section 37(2), the repeals of “which” and “shall be effectual to create a preference for the inhibitor and”. | |
9. In the entry in respect of the Debtors (Scotland) Act 1987(17), the repeal of paragraph 3 of Schedule 6. | |
10. In the entry in respect of the Proceeds of Crime Act 1995(18)– | |
(a)the repeal in section 32(2) (from “as” to the end); | |
(b)the repeal of section 32(3). | |
11. In the entry in respect of the Proceeds of Crime Act 2002(19), the repeal in section 123(4). |
2002 asp 17, amended by S.S.I. 2004/ 468 and the Act, sections 173, 209(1), 211 and 212 and schedule 5, paragraph 30, schedule 4, paragraph 10 and schedule 6, Part 1.