Statement of Tajik Delegation
Subject ... to section 1A, every person who— shall be qualified and liable to serve as a juror in any Scottish court . . . .
is for the time being registered as a parliamentary or local government elector;
is not less than 18 years of age;
has been ordinarily resident in the United Kingdom the Channel Islands or the Isle of Man for any period of at least 5 years since attaining the age of 13 years; and
is not among the persons listed in Part I of Schedule 1 to this Act, being persons hereby declared ineligible for, nor among those listed in Part II of that Schedule, being persons hereby declared disqualified from, jury service,
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attends in compliance with the citation and intimates to the court his right and desire to be so excused ; or
before the date on which he is cited first to attend, gives written notice of his right and desire to be so excused to the clerk of court issuing the citation.
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The fact that any person serving on the jury chosen for a particular trial (whether before or after the coming into force of this Act) is, under subsection (1) above, ineligible or not qualified for or disqualified from jury service, or was under section 1 of the Jurors (Scotland) Act 1825 not qualified for such service, (as the case may be), shall not in itself affect the validity of any verdict returned by that jury in the trial.
A person cited to attend for jury service and not excused ... under section 1A may, if he shows to the satisfaction of the clerk of the court issuing the citation that there is good reason why he should be excused from attending in compliance with the citation, be excused by that clerk of court from so attending.
Without prejudice to— the court before which a person is cited to attend for jury service may excuse that person from that jury service.
the preceding provisions of this section;
section 1A;
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section 85(8) or 88(7) of the Criminal Procedure (Scotland) Act 1995,
Where the clerk of court has, under subsection (5) above, excused a person from jury service in any criminal proceedings he shall, unless he considers there to be exceptional circumstances which make it inappropriate to do so, within one year of the date of that excusal cite that person to attend for jury service in criminal proceedings.
Subject to subsection (3), a person who is qualified under section 1(1) but is among the persons listed in Part III of Schedule 1 to this Act (being persons excusable as of right from jury service) is to be excused from jury service ... on any occasion where the person—
has been required to provide information under section 3(2) of the Jurors (Scotland) Act 1825 (c.22); and
gives written notice to the sheriff principal that the person wishes to be excused, before the end of the period of 7 days beginning with the day on which the person receives the requirement.
Without prejudice to subsection (1), a person who is qualified under section 1(1) but is among the persons listed in Group C of Part III of Schedule 1 to this Act is to be excused from jury service ... on any occasion where—
the person has been required to provide information under section 3(2) of the Jurors (Scotland) Act 1825; and
the person's commanding officer certifies to the sheriff principal that it would be prejudicial to the efficiency of the force of which the person is a member were the person required to be absent from duty.
Subsection (1) does not apply to a person who is qualified under section 1(1) but is among the persons listed in paragraph (ab) of Group F of Part III of Schedule 1 to this Act (persons who have attained the age of 71), but instead such a person is to be excused from jury service ... on any occasion where—
in the case of a person who has been required to provide information under section 3(2) of the Jurors (Scotland) Act 1825, the person gives written notice to the sheriff principal that the person wishes to be excused; or
in the case of a person who has been cited to attend for jury service, the person—
gives written notice to the clerk of court issuing the citation that the person wishes to be excused, before the date on which the person is cited first to attend; or
attends in compliance with the citation and intimates to the court that the person wishes to be excused.
Persons cited to attend for jury service in any civil proceedings may, unless they have been excused in respect thereof under section 1 of this Act, be fined up to £200 if they fail to attend in compliance with the citation.
A fine imposed under subsection (1) above may, on application, be remitted— and no court fees or expenses shall be exigible in respect of any such application.
by a Lord Ordinary where imposed in the Court of Session;
by the sheriff where imposed in the sheriff court;
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In section 99 of the Criminal Procedure (Scotland) Act 1975—
in subsection (1)—
after the word “may” there shall be inserted the words “ , unless they have been excused in respect thereof under section 1 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980. ”;
after the word “fined” there shall be inserted the words “ up to £200 ”; and
after the words “fail to attend” there shall be inserted the words “ in compliance with the citation ”; and
for subsection (2) there shall be substituted the following subsection—.
Subject to subsection (2) below, a person who—
having been required to provide information under section 3(2) of the Jurors (Scotland) Act 1825 or cited to attend for jury service, falsely claims to be a person excusable as of rights from such service shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale;
knowing that he is a person ineligible, or not qualified, for jury service, serves on a jury shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale; or
knowing that he is a person disqualified from jury service, serves on a jury shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Subsection (1) above shall not apply to a person ineligible for jury service by reason of being among the persons listed in Group C of Part I of Schedule 1 to this Act.
In the Succession (Scotland) Act 1964—
in section 9(1) (prior right of surviving spouse to financial provision on intestacy), after the words “at the rate of 4 per cent. per annum” there shall be inserted the words “ , or at such rate as may from time to time be fixed by order of the Secretary of State, ”; and
after section 9 there shall be inserted the following section—.
In
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in so far as they provide ; and
for the purpose only of providing,
In the Judicial Factors Act 1849—
section 5 (factor to lodge monies in one of the banks of Scotland) shall be amended as follows—
for the words “fifty pounds” in both places where they occur there shall be substituted the words “ five hundred pounds ”; and
that section as amended by sub-paragraph (i) above shall be subsection (1) of that section, and after that subsection there shall be added the following subsections—; and
in section 19 (accountant to make requisitions and orders on the factor) for the words “forty-eight hours” there shall be substituted the words “ seven days ”.
In section 2 of the Trusts (Scotland) Act 1961 (validity of certain transactions by trustees), for subsection (2) there are substituted the following subsections—.
In section 12 of the Customs, Inland Revenue, and Savings Banks Act 1877 (transmission and custody of inventories in Scotland)—
for the words “Controller of Legacy and Succession Duties, at his office in” there shall be substituted the words “ Registrar, Capital Taxes Office at ”;
the words from “instead” to “same at his office in Edinburgh” shall cease to have effect; and
for the words “Controller of Legacy and Succession Duties in” there shall be substituted the words “ Registrar, Capital Taxes Office at ”.
In the Sheriff Courts (Scotland) Act 1971—
for subsection (1) of section 10 (Secretary of State may authorise sheriff principal to act in another sheriffdom) there shall be substituted the following subsections—; and
for subsection (1) of section 11 (Secretary of State may appoint temporary sheriff principal) there shall be substituted the following subsections—.
have no effect as regards any action which the sheriff has, before the coming into force of this section, appointed to be tried before a jury.
It shall not be competent to appoint a civil action to be tried before a jury in the sheriff court;. . .
in the Sheriff Courts (Scotland) Act 1907—
section 31 (jury trial in sheriff court) shall cease to have effect; and
in Schedule 1 (rules for regulating procedure in the ordinary courts), rules 133 to 150 shall cease to have effect; and
section 6 of the Sheriff Courts (Scotland) Act 1913 (procedure at jury trials) shall cease to have effect.
Subsection (1) is subject to section 63 (civil jury trials in all-Scotland sheriff courts) of the Courts Reform (Scotland) Act 2014.
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sections 3, 27(D) and 31 and rules 133 to 150 of the Sheriff Courts (Scotland) Act 1907 ;
section 2 of the Jury Trials Amendment (Scotland) Act 1910;
section 6 of the Sheriff Courts (Scotland) Act 1913 ;
section 2 of the Interest on Damages (Scotland) Act 1958:
section 1 of the Interest on Damages (Scotland) Act 1971; or
section 40, and the reference thereto in section 41, of the Sheriff Courts (Scotland) Act 1971,
in section 11 (competence of sequestration), for the words " within a " there shall be substituted the words " at any time during the ";
in section 16 (courts for awarding sequestration), for the words after " of any " and before " Provided " there shall be substituted the words—sheriffdom within which the debtor—;
in section 175 (petition for summary sequestration)—
in subsection (1), for the words from " of any sheriffdom " to " the petition " there shall be substituted the word " court ";
for subsection (2) there shall be substituted the following subsection—.
In the Trusts (Scotland) Act 1921—
in section 22 (appointment of new trustees by the court)—
for the word “court” where it first occurs there shall be substituted the words “ Court of Session or an appropriate sheriff court ”; and
after the word “court” where it occurs for the second time there shall be inserted the words “ to which application is made ”;
in section 23 (removal of trustees in certain cases), for the words from “in the case of amortis causa trust” to the end there shall be substituted the words “ may be made either to the Court of Session or to an appropriate sheriff court. ”;
in section 24 (completion of title by the beneficiary of a lapsed trust)—
for the word “court” where it first occurs there shall be substituted the words “ Court of Session or an appropriate sheriff court ”; and
after the word “court” where it occurs for the second time there shall be inserted the words “ to which application is made ”; and
the following section shall be inserted after section 24—.
In the Judicial Factors (Scotland) Act 1880—
in section 3 (interpretation), for the words “mean factor loco tutoris and curator bonis” there shall be substituted the words “ include a curator bonis, a factor loco tutoris, a factorloco absentis, a factor on trust or other estates, and a guardian where caution is required, but does not include a judicial factor appointed under section 14 or 163 of the Bankrupcy (Scotland) Act 1913 ”;
in section 4 (sheriff’s appointment of judicial factor)—
for the words from “It shall” to “respectively” where it first occurs there shall be substituted the words “ The sheriff shall have the same powers to appoint judicial factors as have the Court of Session and he ”;
for paragraph 1 there shall be substituted the following paragraphs—; and
paragraphs 2 and 3 shall cease to have effect.
In section 163 of the Bankruptcy (Scotland) Act 1913 (application for judicial factor on estate of person deceased), the words “where the assets of the deceased are estimated not to exceed five hundred pounds” shall cease to have effect.
in section 5(5) (jurisdiction in suspension of charges), the words " where the debt exclusive of interest and expenses does not exceed fifty pounds " shall cease to have effect; and
in rule 123 of the first Schedule (summary application for suspension of charges), the words " not exceeding fifty pounds, exclusive of interest and expenses " shall cease to have effect.
. . ., in section 37 of the Sheriff Courts (Scotland) Act 1971 (remits)—
in subsection (1)—
after the word “sheriff”, where it occurs for the second time, there shall be inserted “ —(a) ”; and
at the end there shall be added the words—; ;
after subsection (2) there shall be inserted the following subsection—;
for subsection (3) there shall be substituted the following subsection—.
A Senator of the College of Justice may, if in all the circumstances he thinks fit, accept appointment as arbiter, or as oversman, by or by virtue of an arbitration agreement where the dispute appears to him to be of commercial character: Provided that he shall not accept such appointment unless the Lord President of the Court of Session has informed him that, having regard to the state of business in that court, he can be made available to do so.
The fees payable for the services of a Senator of the College of Justice as arbiter or oversman shall be—
payable in the Court of Session ; and
of such amount as the Scottish Ministers may by order made by statutory instrument prescribe.
Any jurisdiction which is exercisable, other than under the Arbitration (Scotland) Act 1894, by the Court of Session in relation to arbiters and oversmen shall in relation to a Senator of the College of Justice appointed as arbiter or oversman be exercisable by the Inner House of that court.
: except that where— a Senator of the College of Justice, “the court” shall mean the Inner House of the Court of Session.
An order under subsection (2)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A sum awarded as compensation by the Lands Tribunal for Scotland may, if the Tribunal so determine, carry interest as from the date of the award at the same rate as would apply, (in the absence of any such statement as is provided for in Rule 66 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965), in the case of a decree or extract in an action commenced on that date in the Court of Session if interest were included in or exigible under that decree or extract: Provided that this section shall not affect—
any existing enactment or rule of law whereby and in accordance with which a sum so awarded may carry interest ;
any case in which the hearing has begun before the coming into force of this section.
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The Court of Session shall have jurisdiction to entertain an action for reduction of any decree granted by a Scottish court whether or not the Court would have jurisdiction to do apart from this section and whether the decree was granted before or after the coming into force of this section.
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In section 103 of the Licensing (Scotland) Act 1976 (application for certificate of registration in respect of any club)—
for subsection (5) there shall be substituted the following subsections—;
in subsection (6), for the words " accompanying documents specified in subsection (3)" there shall be substituted the words " documents specified in subsection (3), (5) or (5A) "; and
in subsection (7), for the words from " entered " to " that subsection" there shall be substituted the words " whose name is, at the time of the contravention, contained in the list lodged under subsection (3)(b) above, or as the case may be in the new list last lodged under subsection (5) or (5A) above, in respect of that club shall be guilty of an offence under subsection (6) above ".
In each of sections 33(5), 64(6)(b), 95(2), 112(2) and 113(2) (provisions relating to offences committed by clubs) of the said Act of 1976, for the words from " entered " to " contravention " there shall be substituted the words " whose name is, at the time of the contravention, contained in the list lodged under subsection (3) (b) of section 103 of this Act, or as the case may be in the new fist last lodged under subsection (5) or (5A) of that section, in respect of that club "; and in the said section 95(2) for the words " that subsection " there shall be substituted the words " subsection (1) above ".
In section 111(1) (offence in relation to the management of a club) of the said Act of 1976, for the words from " entered " to " existed " there shall be substituted the words " whose name is, at the time when the situation which gave rise to the ground of objection mentioned in any of the said paragraphs existed, contained in the list lodged under subsection (3)(b) of section 103 of this Act, or as the case may be in the new list last lodged under subsection (5) or (5A) of the said section 103, in respect of that club ".
In the Marriage (Scotland) Act 1977—
in section 6(5) (restriction as to date and place of religious marriage), for the words “13(3)” there shall be substituted the words “ 23A ”;
in section 8(1) (persons who may solemnise marriages), at the beginning there shall be inserted the words “Subject to section 23A of this Act,”;
in section 13 (preliminaries to solemnisation of religious marriages), subsections (2) and (3), which in so far as they are not inconsistent with the provisions inserted in the said Act or 1977 by paragraph (d) below are superceded by those provisions, shall cease to have effect;
after section 23 there shall be inserted the following section —.
The said Act of 1977 shall be deemed for all purposes to have effect as if it had originally been enacted as amended by subsection (1) above.
In the Prescription and Limitation (Scotland) Act 1973—
after section 19 there shall be inserted the following section —;
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in section 22(6) (certain actions not to be tried by jury), for the words " or 19(1) " there shall be substituted the words " , 19(1) or 19A "; and
in section 25(3) (effect as regards proceedings already brought), at the beginning there shall be inserted the words " Subject to section 19A(2) of this Act ".
In the Solicitors (Scotland) Act 1980—
in section 53 (powers of Scottish Solicitors’ Discipline Tribunal)—
in subsection (2)(c) for the words “£250” there shall be substituted the words “ £2,500 ”; and
at the end there shall be added the following subsection—;
in Schedule 4, Part I (constitution of the tribunal)—
in paragraph 1(a), for “5” and “7” there shall be substituted, respectively, “ 10 ” and “ 14 ”;
in paragraph 1(b), for the word “two” there shall be substituted “ 4 ”; and
in the case—
in section 36(1) (interest on client’s money)—
the word “either” shall cease to have effect;
after paragraph (a) there shall be inserted the following paragraph—; and
in paragraph (b) after the words “paragraph (a)”, there shall be inserted the words “ or (aa) ”;
; nor shall any regard be had for such purposes to any— being in either case an account kept by the solicitor in his own name for a specified client.
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in section 3 (contributions from assisted persons), after subsection (1) there shall be inserted the following subsection—; and
in section 15 (regulations), in each of subsections (7) and (8), after the words "3(1) " there shall be inserted the words " or (1A) ".
There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.
The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments respectively specified in that Schedule, being minor amendments or amendments consequential on the provisions of this Act.
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This Act may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 and extends to Scotland only.
This Act, except this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint; . . ..
Section 1.
Justices of the Supreme Court or the President or Deputy President of that Court;
Senators of the College of Justice;
sheriffs;
summary sheriffs;
Justices of the Peace;
stipendiary magistrates;
the chairman or president, the vice-chairman or vice-president and the registrar or assistant registrar of any tribunal; and
persons who, at any time within the 10 years immediately preceding the date at which their eligibility, in terms of section 1 of this Act, for jury service is being considered, have come within any description listed above in this Group.
Representatives to the Assembly of the European Communities.
Advocates and solicitors, whether or not in actual practice as such;
advocates’ clerks;
apprentices of, and legal trainees employed by, solicitors;
officers and staff of any court if their work is wholly or mainly concerned with the day-to-day administration of the court;
persons employed as shorthand writers in any court;
Clerks of the Peace and their deputies;
members and staff of the Scottish Police Authority;
Inspectors of Constabulary appointed by Her Majesty;
assistant inspectors of constabulary appointed by the Secretary of State;
constables of the Police Service of Scotland (including constables engaged on temporary service within the meaning of section 15 of the Police and Fire Reform (Scotland) Act 2012 (asp 8));
constables of any constabulary maintained under statute;
persons employed in any capacity by virtue of which they have the powers and privileges of police constables;
special constables;
police cadets;
persons appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012;
members of the National Criminal Intelligence Service;
members of the Service Authority for the National Criminal Intelligence Service and persons employed by that Authority under section 13 of the Police Act 1997;
National Crime Agency officers;
officers of ... prisons..., detention centres... and young offenders institutions;
prison monitoring co-ordinators appointed under section 7A(2) of the Prisons (Scotland) Act 1989 and independent prison monitors appointed under section 7B(2)(a) of that Act;
prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;
procurators fiscal within the meaning of section 307(1) of the Criminal Procedure (Scotland) Act 1995, and persons employed as clerks and assistants to such procurators fiscal;
messengers at arms and sheriff officers;
members of children’s panels;
reporters appointed under section 36 of the Social Work (Scotland) Act 1968 and their staffs;
directors of social work appointed under section 3 of the said Act of 1968 and persons employed to assist such directors in the performance of such of their functions as relate to probation schemes within the meaning of section 27 of that Act;
members of the Parole Board for Scotland;
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persons who, at any time within the 5 years immediately preceding the date at which the eligibility, in terms of section 1 of this Act, for jury service is being considered, have come within any description listed above in this Group.
persons who, at any time within the 5 years immediately preceding the date at which the eligibility, in terms of section 1 of this Act, for jury service is being considered, were members or employees of the Scottish Police Services Authority;
members and employees of the Scottish Criminal Cases Review Commission;
chief officers of community justice authorities established under section 3 of theManagement of Offenders etc. (Scotland) Act 2005.
persons in holy orders ; regular ministers of any religious denomination ; and vowed members of any religious order living in a monastery, convent or other religious community.
(Expressions used in this Group are to be construed in accordance with the Mental Health (Care and Treatment) (Scotland) Act 2003.)
Persons who are receiving medical treatment for mental disorder and either—
are, for the purposes of that treatment, detained in hospital under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or the Criminal Procedure (Scotland) Act 1995 (c. 46); or
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persons for the time being subject to guardianship under the Adults with Incapacity (Scotland) Act 2000 (asp 4).
In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.
Persons who have at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—
to imprisonment for life or for a term of 5 years or more; or
to be detained during Her Majesty’s pleasure, during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland;
persons who have at any time in the United Kingdom, the Channel Islands or the Isle of Man— and who are not protected persons for the purposes of the Rehabilitation of Offenders Act 1974.
served any part of a sentence of imprisonment detention or youth custody, being a sentence for a term of 3 months or more; or
been detained in a borstal institution,
persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made— except where they are protected persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);
a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46);
a drug treatment and testing order under section 234B(2) of that Act;
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a restriction of liberty order under section 245A(1) of that Act;
a community order within the meaning of section 177 of the Criminal Justice Act 2003 or imposed under Chapter 2 of Part 9 of the Sentencing Code;
a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;
a community order as defined by article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (N.I.24));
a drug treatment and testing order under article 8(2) of the Criminal Justice (Northern Ireland) Order 1998 (SI 1998/2839 (N.I.20)),
in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom.
Peers and peeresses entitled to receive writs of summons to attend the House of Lords;
members of the House of Commons;
officers of the House of Lords; and
officers of the House of Commons.
Full-time serving members of— any of Her Majesty's naval, military or air forces ; the Women's Royal Naval Service ; Queen Alexandra's Royal Naval Nursing Service ; or any Voluntary Aid Detachment serving with the Royal Navy.
members of the Scottish Parliament;
members of the Scottish Executive; and
junior Scottish Ministers.
Representatives to the European Parliament.
Members of the National Assembly for Wales.
Persons whose obedience to the citation for jury service would result in their serving, or duly attending for service, more than once in any period of five years ; and persons excused by the direction of any court from jury service during a period which has not terminated.
The Auditor General for Scotland.
Members of the regular forces within the meaning of the Armed Forces Act 2006 (see section 374 of that Act).
The following, if actually practising their profession and registered (whether fully or otherwise), enrolled or certified under the enactments relating to that profession—
medical practitioners;
dentists;
nurses;
midwives;
pharmaceutical chemists; and
veterinary surgeons and veterinary practitioners.
persons in holy orders;
regular ministers of any religious denomination; and
vowed members of any religious order living in a monastery, convent or other religious community.
persons who have served as a juror in the period of 5 years ending with the date on which the person is cited first to attend;
persons who have attended for jury service, but have not served as a juror, in the period of 2 years ending with the date on which the person is cited first to attend;
persons who have attained the age of 71;
persons excused by the direction of any court from jury service during a period which has not terminated.
Section 28(1).
In section 4 (names of jurors may be passed over, in making returns of jurors for the purposes of civil trials, where they have died or are no longer qualified), for the words “become disqualified as a juror, whether from loss of property, absence, or other legal cause” there shall be substituted the words “ cease to be qualified to serve as a juror ”.
In section 3 (persons who may be confirmed executors nominate), after the words “Supreme Court” there shall be inserted the words “ or the sheriff court ”.
For section 24(1) (payments in respect of jury service) there shall be substituted the following subsection—.
In section 25(2) (sums for payments to jurors), for the words “to (c)” there shall be substituted the words “ and (b) ”.
In paragraph 2 (interpretation), of Schedule 1, in the definition of “appropriate authority”, for the word “court”, in both places where it occurs, there shall be substituted the word “ board ”.
In section 91 (names of jurors may be passed over, in making returns of jurors for the purposes of criminal trials, where they have died or are no longer qualified), for the words “becomes disqualified as a juror, whether from loss of property, absence, or other legal cause” there shall be substituted the words “ ceases to be qualified to serve as a juror ”.
In section 130(5) (objection to juror on grounds of lack of qualification), for the words “1 of the Jurors (Scotland) Act 1825” there shall be substituted the words “ 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 ”.
In paragraph 1 (interpretation), of Schedule 3—
for sub-paragraph (1)(c) there shall be substituted the following sub-paragraph—; and
“hotel licence”, “licensing area”, “licensing board” and “public house licence” have the same meanings as in the Licensing (Scotland) Act 1976;
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