1990 No. 2328 (C.60) (S.197)

COMPANIES
CRIMINAL LAW, SCOTLAND

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Commencement (No.1) Order 1990

Made

The Secretary of State, in exercise of the powers conferred upon him by section 75(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 19901 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation1

This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Commencement (No. 1) Order 1990.

Interpretation2

In this Order–

  • “the Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Commencement3

The provisions of the Act which are specified in column 1 of the Schedule to this Order shall, in so far as they are not then in force, come into force on 1st December 1990, but, where a particular purpose is specified in relation to any provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.

James Douglas-HamiltonParliamentary Under Secretary of State, Scottish OfficeSt. Andrew’s House,Edinburgh

SCHEDULEThe provisions of the Act which come into force on 1st December 1990

Article 3

Column 1

Column 2

Section 63

Section 72

Section 74

Only for the purpose of bringing into force the provisions of Schedules 8 and 9 to the Act specified or referred to in column 1 below

Section 75

In Schedule 8, paragraphs 33 and 35

In schedule 9, the repeals specified in the Table below

TABLEREPEALS

Chapter

Short Title

Extent of Repeals

1985 c. 6.

The Companies Act 1985

In section 38(1), the words “under the law of England and Wales”.

In section 39(3), the words “or, in the case of a company registered in Scotland, subscribed in accordance with section 36B,”.

In section 186, the words “(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)”.

In section 188(2), the words “(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B”.

Section 462(2).

1986 c. 45.

The Insolvency Act 1986

Section 53(3).

1989 c. 40.

The Companies Act 1989

Section 130(3).

In Schedule 17, paragraphs 1(2), 2(4), 8 and 10.

(This note is not part of the Order)

This Order appoints 1st December 1990 as the date for the coming into force of the provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) (“the Act”) which are specified in the Schedule to the Order.

The provisions of the Act which are specified in the Schedule to the Order fall into 3 main groups, namely

a

section 63 which deals with drug trafficking confiscation orders;

b

section 72 and associated provisions in Schedule 8 (amendment of enactments) and 9 (repeals) which deal with execution of documents by companies under Scots law; and

c

ancillary provisions such as section 74 (amendments and repeals) and 75 (citation, commencement and extent).

This is the first Commencment Order made under the Act.