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Age of Legal Capacity (Scotland) Act 1991

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SCHEDULES

Section 10.

SCHEDULE 1S AMENDMENT OF ENACTMENTS

Defence Act 1842 (c.94)S

1SIn section 15, for the words “persons within the age of twenty-one years” substitute the words “or, being persons under legal disability by reason of nonage”; and for the words “come and be at the age of twenty-one years” substitute the words “cease to be under legal disability by reason of nonage or come and be”.

2SIn section 27, for the words “infancy or” substitute the words “persons under legal disability by reason of nonage or of”.

Lands Clauses Consolidation (Scotland) Act 1845 (c.19)S

F13S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6SIn section 70, for the word “infancy” substitute the words “legal disability by reason of nonage”.

Judicial Factors Act 1849 (c.51)S

F47S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F710S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F811S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F912S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1013S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1114S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1215S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Improvement of Land Act 1864 (c.114)S

16SIn section 18, for the words “an infant or infants, or a minor or minors” substitute the words “a person under legal disability by reason of nonage”.

17SIn section 24, for the words “infants, minors” substitute the words “persons under legal disability by reason of nonage”.

18SIn section 68, for the word “infant” substitute the words “person under legal disability by reason of nonage”.

Titles to Land Consolidation (Scotland) Act 1868 (c.101)S

19SIn section 24, for the words “pupil, minor” wherever they occur substitute the words “person under legal disability by reason of nonage”.

20SIn section 62, for the words “in nonage” substitute the words “under legal disability by reason of nonage”.

21SIn section 119, for the words “of full age, or in pupillarity or minority, or although he should be subject to any legal incapacity” substitute the words “subject to any legal incapacity or not”.

Colonial Stock Act 1877 (c.59)S

22SIn section 26 (definitions) after the definition of “colony” there shall be inserted—

The expression “infant”, in relation to Scotland, means a person under legal disability by reason of nonage, and the expression “infancy” shall be construed accordingly:

Heritable Securities (Scotland) Act 1894 (c.44)S

23SIn section 13, for the words “in pupillarity or minority, or subject to any legal incapacity” substitute the words “subject to any legal disability by reason of nonage or otherwise”; and after the word “curators,” insert the word “guardians”.

Merchant Shipping Act 1894 (c.60)S

24SIn section 55(1), for the word “infancy” substitute the words “legal disability by reason of nonage”.

Trusts (Scotland) Act 1921 (c.58)S

25SIn section 2, in the definitions of “trust” and “trust deed”, after the word “curator” insert the word “guardian”, and, in the definition of “trustee”, for the words from “tutor” to “curator” substitute the words “tutor, curator, guardian (including a father or mother acting as guardian of a child under the age of 16 years)”.

Conveyancing (Scotland) Act 1924 (c.27)S

26SIn section 41(1), for the words from “in pupillarity” to “incapacity” substitute the words “subject to any legal disability by reason of nonage or otherwise”.

Trusts (Scotland) Act 1961 (c.57)S

27SIn section 1, in subsection (1)(a) after the word “who” insert the words “because of any legal disability”, and, in subsection (2), for the words “over the age of pupillarity” substitute the words “of or over the age of 16 years”.

Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)S

F1328S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29SIn section 43(10), for the words “tutor or curator” substitute the word “guardian”.

National Loans Act 1968 (c.13)S

30SIn section 14(5)(a), for the words from “of unsound” to “disability” substitute the words “under legal disability by reason of nonage or otherwise”.

Social Work (Scotland) Act 1968 (c.49)S

31SIn section 16(11)(c), for the words “tutor or curator” substitute the word “guardian”.

32SIn section 18(4), for the words “tutor or curator of an infant” substitute the words “guardian of a child”.

Taxes Management Act 1970 (c.9)S

F1433S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 1 para. 33 omitted (with effect in accordance with s. 222(5) of the commencing Act) by virtue of Finance Act 2012 (c. 14), s. 222(4)(b)

F1534S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 1 para. 34 omitted (with effect in accordance with s. 222(5) of the commencing Act) by virtue of Finance Act 2012 (c. 14), s. 222(4)(b)

Sheriff Courts (Scotland) Act 1971 (c.58)S

35SIn section 37(2A), for the words “tutory, curatory” substitute the word “guardianship”.

Adoption (Scotland) Act 1978 (c.28)S

F1636S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)S

37SIn section 7(1)(d), for the words “a minor” substitute the words “under legal disability by reason of nonage”.

Civil Jurisdiction and Judgments Act 1982 (c.27)S

38SIn Schedule 9, in paragraph 3 for the words “tutory and curatory” substitute the words “ guardianship of children ”.

Companies Act 1985 (c.6)S

F1739S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Family Law (Scotland) Act 1985 (c.37)S

40SIn section 2(4)(c)(i), for the words “father or mother” substitute the words “parent or guardian”.

Law Reform (Parent and Child) (Scotland) Act 1986 (c.9)S

41SFor section 4 substitute the following section—

4 Power of parent to appoint guardian.

The parent of a child may appoint any person to be guardian of the child after his death, but any such appointment shall be of no effect unless—

(a)the appointment is in writing and signed by the parent; and

(b)the parent at the time of his death was guardian of the child or would have been such guardian if he had survived until after the birth of the child.

42SIn section 6(2), for the words “pupil child” substitute the words “child under the age of 16 years”; and for the word “tutor” substitute the word “guardian”.

43SIn section 8, in paragraph (a) of the definition of “child” after the words “in relation to” insert the word “guardianship,” and in paragraph (d) for the words from “custody” to “curatory” substitute the words “guardianship, custody or access”; and in the definition of “parental rights” for the words “tutory, curatory” substitute the word “guardianship”.

Family Law Act 1986 (c.55)S

44SIn section 1(1)(b)(ix), for the words “tutory or curatory” substitute the word “guardianship”.

45SIn section 16, in subsections (1) and (4) for the words “tutory or curatory” substitute the word “guardianship” and for the words “pupil or minor” substitute the word “child”; and in subsection (2) for the words “factor loco tutoris” substitute the words “judicial factor”.

46SIn section 18(2), for the words “tutory or curatory of a pupil or minor” substitute the words “guardianship of a child”.

47SIn section 35(4)(b), for the words “tutor or curator” substitute the word “guardian”.

Income and Corporation Taxes Act 1988 (c.1)S

F1848S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Sch. 1 para. 48 repealed (1.5.1995 with effect for the year 1995-96 and subsequent years of assessment) by 1995 c. 4, s. 162, Sch. 29 Pt. VIII(8)

Section 10.

SCHEDULE 2S REPEALS

ChapterShort titleExtent of repeal
1474 c. 6.The Tutors Act 1474. The whole Act.
1672 c. 2.The Tutors and Curators Act 1672.The whole Act.
1681 c. 85.The Oaths of Minors Act 1681.The whole Act.
1696 c. 8.The Tutors and Curators Act 1696.The whole Act.
12 & 13 Vict. c. 51.The Judicial Factors Act 1849.In section 1, the words “factor loco tutoris”, “to any pupil” where first occurring and “pupil or” where second occurring.In section 25(1), the words “to any pupil” where first occurring and “pupil or” where second occurring.In section 26, the words “to a pupil” and “pupils or”.Section 30.In section 31, the words “loco tutoris”.
31 & 32 Vict. c.101.The Titles to Land Consolidation (Scotland) Act 1868.In section 3, the words “factors loco tutoris”.In section 119, the words “whether of full age or in pupillarity or minority, or”.In section 121, the words “in pupillarity or minority or”.Section 139.
43 & 44 Vict. c. 4.The Judicial Factors (Scotland) Act 1880.In section 3, the words “a factor loco tutoris”.
52 & 53 Vict. c. 39.The Judicial Factors (Scotland) Act 1889.Section 11.
55 & 56 Vict. c. 4.The Betting and Loans (Infants) Act 1892.The whole Act.
23 & 24 Geo.5 c. 41.The Administration of Justice (Scotland) Act 1933.Section 12.
12, 13 & 14 Geo.6 c.75.The Agricultural Holdings (Scotland) Act 1949.In section 84, the words “a pupil or a minor or is”.
9 & 10 Eliz.2 c. 57.The Trusts (Scotland) Act 1961.In section 1, in subsection (2) the words “(whether acting with the concurrence of a curator, administrator-at-law, or other guardian or not)” and subsection (3).
1964 c. 41.The Succession (Scotland) Act 1964.Section 28.
1965 c. 49.The Registration of Births, Deaths and Marriages (Scotland) Act 1965.In section 20(3), paragraph (b).In section 43, in subsections (5), (6) and (7) the words from “and under” to “over eighteen years of age”.In section 56(1), the definitions of “guardian” and “tutor or curator”.
1968 c. 49.The Social Work (Scotland) Act 1968.In section 94(1), in the definition of “guardian” the words “tutor, curator or”.
1973 c. 29.The Guardianship Act 1973.In section 13(1), the definition of “guardian”.
1974 c. 39.The Consumer Credit Act 1974.In section 189(1), the definition of “minor”.
1974 c. 53.The Rehabilitation of Offenders Act 1974.In section 7(2), the words “including a pupil child”.
1975 c. 45.The Finance (No. 2) Act 1975.In section 73(5), the words “pupil or”.
1975 c. 72.The Children Act 1975.In section 47(2), the words “tutor, curator” in each place where they occur.
1978 c. 28.The Adoption (Scotland) Act 1978.In section 12(3)(a)(ii), the words “tutor, curator or other”.
1979 c. 54.The Sale of Goods Act 1979.In section 3, in subsection (2) the words “to a minor or” and in subsection (3) the words “minor or other”.
1982 c. 50.The Insurance Companies Act 1982.In section 7(8), the definition of “minor” in relation to Scotland.In section 31(7), the definition of “minor” in relation to Scotland.
1984 c. 37.The Child Abduction Act 1984.In section 6(7), the words from “a tutor” to “1986 or”.
1985 c. 37.The Family Law (Scotland) Act 1985.In section 2(4), in paragraph (b) the words “or the curator of a minor who is an incapax” and in paragraph (c) head (ii).
1986 c. 9.The Law Reform (Parent and Child) (Scotland) Act 1986.Section 3(3).In section 8, in the definition of “child” paragraphs (b) and (c), and the definitions of “curator” and “tutor”.In Schedule 1, in paragraph 9 in sub-paragraph (2) the words from “and for” to the end, and in sub-paragraph (6) the words from “for the words” where first occurring to “and”; and paragraphs 11, 12, 14(1)(b) and 20(b).
1986 c. 33.The Disabled Persons (Services, Consultation and Representation) Act 1986.In section 16, in paragraph (b) of the definition of “guardian” the words “tutor, curator or”.

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