Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
but, in relation to a lease granted before 1st September 1974, does not include its renewal (whether before or after the commencement of section 1 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985) in implement of an obligation in or under it.
After section 22 of the Land Registration (Scotland) Act 1979 there shall be inserted the following section—.
Section 3 of the Registration of Leases (Scotland) Act 1857 (assignations of recorded leases) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted the following subsections—
A landlord shall not, for the purpose of treating a lease as terminated or terminating it, be entitled to rely— unless subsection (2) or (5) below applies.
on a provision in the lease which purports to terminate it, or to enable him to terminate it, in the event of a failure of the tenant to pay rent, or to make any other payment, on or before the due date therefor or such later date or within such period as may be provided for in the lease; or
on the fact that such a failure is, or is deemed by a provision of the lease to be, a material breach of contract,
This subsection applies if—
the landlord has, at any time after the payment of rent or other payment mentioned in subsection (1) above has become due, served a notice on the tenant—
requiring the tenant to make payment of the sum which he has failed to pay together with any interest thereon in terms of the lease within the period specified in the notice; and
stating that, if the tenant does not comply with the requirement mentioned in sub-paragraph (i) above, the lease may be terminated; and
the tenant has not complied with that requirement.
The period to be specified in any such notice shall be not less than—
a period of 14 days immediately following the service of the notice; or
if any period remaining between the service of the notice and the expiry of any time provided for in the lease or otherwise for the late payment of the sum which the tenant has failed to pay is greater than 14 days, that greater period.
Any notice served under subsection (2) above shall be sent by recorded delivery and shall be sufficiently served if it is sent to the tenant’s last business or residential address in the United Kingdom known to the landlord or to the last address in the United Kingdom provided to the landlord by the tenant for the purpose of such service.
This subsection applies if the tenant does not have an address in the United Kingdom known to the landlord and has not provided an address in the United Kingdom to the landlord for the purpose of service.
Subject to subsection (2) below, a landlord shall not, for the purpose of treating a lease as terminated or terminating it, be entitled to rely— if in all the circumstances of the case a fair and reasonable landlord would not seek so to rely.
on a provision in the lease which purports to terminate it, or to enable the landlord to terminate it, in the event of an act or omission by the tenant (other than such a failure as is mentioned in section 4(1)(a) of this Act) or of a change in the tenant’s circumstances; or
on the fact that such act or omission or change is, or is deemed by a provision of the lease to be, a material breach of contract,
No provision of a lease shall of itself, irrespective of the particular circumstances of the case, be held to be unenforceable by virtue of subsection (1) above.
In the consideration, for the purposes of subsection (1)(a) or (b) above, of the circumstances of a case where— regard shall be had to whether a reasonable opportunity has been afforded to the tenant to enable the breach to be remedied.
an act, omission or change is alleged to constitute a breach of a provision of the lease or a breach of contract; and
the breach is capable of being remedied in reasonable time,
The parties to a lease shall not be entitled to disapply any provision of section 4 or 5 of this Act from it.
Where circumstances have occurred before the commencement of sections 4 and 5 of this Act which would have entitled a landlord to terminate a lease in reliance on a provision in the lease or on the ground that the circumstances constituted a material breach of contract, but the landlord has not before such commencement given written notice to the tenant of his intention to terminate the lease in respect of those circumstances, he shall, after such commencement, be entitled to terminate the lease in respect of those circumstances only in accordance with the provisions of section 4 or 5 (as the case may be) of this Act.
Nothing in section 4 or 5 of this Act shall apply in relation to any payment which has to be made, or any other condition which has to be fulfilled, before a tenant is entitled to entry under a lease.
In sections 4 to 6 of this Act “lease” means a lease of land, whether entered into before or after the commencement of those sections, but does not include a lease of land—
used wholly or mainly for residential purposes; ...
comprising ... a croft, the subject of a cottar or the holding of a landholder or a statutory small tenant; or
where the lease is an agricultural lease.
In subsection (1) above—
" agricultural holding " has the same meaning as in section 1 of the Agricultural Holdings (Scotland) Act 1949 ;
“cottar” has the same meaning as in section 28(4) of the Crofters (Scotland) Act 1955;
"croft" has the same meaning as in section 3 of the Crofters (Scotland) Act 1955 ; and
" holding " (in relation to a landholder or statutory small tenant), " landholder " and " statutory small tenant " have the same meanings as in the Small Landholders (Scotland) Acts 1886 to 1931.
“holding” (in relation to a landholder or statutory small tenant), “landholder” and “statutory small tenant” have the same meanings as in the Small Landholders (Scotland) Acts 1886 to 1931.
Subject to section 9 of this Act, where the court is satisfied, on an application made to it, that— it may order the document to be rectified in any manner that it may specify in order to give effect to that intention.
a document intended to express or to give effect to an agreement fails to express accurately the common intention of the parties to the agreement at the date when it was made; or
a document intended to create, transfer, vary or renounce a right, not being a document falling within paragraph (a) above, fails to express accurately the intention of the grantor of the document at the date when it was executed,
For the purposes of subsection (1) above, the court shall be entitled to have regard to all relevant evidence, whether written or oral.
Subject to section 9 of this Act, in ordering the rectification of a document under subsection (1) above (in this subsection referred to as “the original document”), the court may, at its own instance or on an application made to it and in either case after calling all parties who appear to it to have an interest, order the rectification of any other document intended for any of the purposes mentioned in paragraph (a) or (b) of subsection (1) above which is defectively expressed by reason of the defect in the original document.
Subject to sections 8A and 9(4) of this Act, a document ordered to be rectified under this section shall have effect as if it had always been so rectified.
If a document is registered in the Land Register of Scotland in favour of a person acting in good faith then, unless the person consents to rectification of the document, it is not competent to order its rectification under subsection (3) above.
Subject to section 9(5) of this Act, where a document recorded in the Register of Sasines is ordered to be rectified under this section and the order is likewise recorded, the document shall be treated as having been always so recorded as rectified.
Nothing in this section shall apply to a document of a testamentary nature.
It shall be competent to register in the Register of Inhibitions and Adjudications, a notice of an application under this section for the rectification of a deed relating to land, being an application in respect of which authority for service or citation has been granted; and the land to which the application relates shall be rendered litigious as from the date of registration of such a notice except that this subsection is subject to subsection (8A) below..
A notice under subsection (7) above shall specify the names and designations of the parties to the application and the date when authority for service or citation was granted and contain a description of the land to which the application relates.
In this section and section 9 of this Act “the court” means the Court of Session or the sheriff.
A notice under subsection (7) above registered on or after the date on which section 67 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (warrant to place a caveat) comes into force shall not have any effect in rendering litigious any land for which there is a title sheet in the Land Register of Scotland or in placing in bad faith any person acquiring such land.
The court shall order a document to be rectified under section 8 of this Act only where it is satisfied—
that the interests of a person to whom this section applies would not be adversely affected to a material extent by the rectification; or
that that person has consented to the proposed rectification.
Subject to subsections (2A) and (3) below, this section applies to a person (other than a party to the agreement or the grantor of the document) who has acted or refrained from acting in reliance on the terms of the document ... with the result that his position has been affected to a material extent.
This section does not apply to a person—
who, at the time when he acted or refrained from acting as mentioned in subsection (2) above, knew, or ought in the circumstances known to him at that time to have been aware, that the document ... failed accurately to express the common intention of the parties to the agreement or, as the case may be, the intention of the grantor of the document; or
whose reliance on the terms of the document ... was otherwise unreasonable.
This section does not apply where the document to be rectified is a deed registered in the Land Register of Scotland.
Notwithstanding subsection (4) of section 8 of this Act and without prejudice to subsection (5) below, the court may, for the purpose of protecting the interests of a person to whom this section applies, order that the rectification of a document shall have effect as at such date as it may specify, being a date later than that as at which it would have effect by virtue of the said subsection (4).
Notwithstanding subsection (5) of section 8 of this Act and without prejudice to subsection (4) above, the court may, for the purpose of protecting the interests of a person to whom this section applies, order that a document as rectified shall be treated as having been recorded as mentioned in the said subsection (5) at such date as it may specify, being a date later than that as at which it would be treated by virtue of that subsection as having been so recorded.
Where a person to whom this section applies was unaware, before a document was ordered to be rectified under section 8 of this Act, that an application had been made under that section for the rectification of the document, the Court of Session, on an application made by that person within the time specified in subsection (8) below, may—
reduce the rectifying order; or
order the applicant for the rectifying order to pay such compensation to that person as it thinks fit in respect of his reliance on the terms of the document or on the title sheet.
The time referred to in subsection (7) above is whichever is the earlier of the following—
the expiry of 5 years after the making of the rectifying order;
the expiry of 2 years after the making of that order first came to the notice of the person referred to in that subsection.
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An order for rectification made under section 8 of this Act in respect of a document which has been registered in the Land Register of Scotland—
may be registered in that register, and
does not have real effect until so registered.
A party to a contract who has been induced to enter into it by negligent misrepresentation made by or on behalf of another party to the contract shall not be disentitled, by reason only that the misrepresentation is not fraudulent, from recovering damages from the other party in respect of any loss or damage he has suffered as a result of the misrepresentation; and any rule of law that such damages cannot be recovered unless fraud is proved shall cease to have effect.
Subsection (1) applies to any proceedings commenced on or after the date on which it comes into force, whether or not the negligent misrepresentation was made before or after that date, but does not apply to any proceedings commenced before that date.
This section does not entitle a person to be paid damages in respect of a misrepresentation if the person has a right to redress under Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 ( SI 2008/1277 ) in respect of the conduct constituting the misrepresentation.
Subsection (3) does not prevent a debtor from bringing a claim under section 75(1) of the Consumer Credit Act 1974 against a creditor under a debtor-creditor-supplier agreement in a case where, but for subsection (4), the debtor would have a claim against the supplier in respect of a misrepresentation (and, where section 75 of that Act would otherwise apply, it accordingly applies as if the debtor had a claim against the supplier).
In the Bills of Exchange Act 1882—
at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and
after section 75 there shall be inserted the following section—
The Prescription and Limitation (Scotland) Act 1973 shall be amended in accordance with the following provisions of this section.
After section 18 of that Act there shall be inserted the following section—
In section 19A(1) of that Act (power of court to override time limits) after “18” there shall be inserted the words “ and 18A ”.
In section 22(2) of that Act (assigned rights of action) for the words “or 18” there shall be substituted the words “ , 18 or 18A ” and for the words “, as the case may be, 18” there shall be substituted the words “ of the said section 18 or, as the case may be, subsection (4)(b) of the said section 18A ”.
In Schedule 1 to that Act, in paragraph 2 (obligations to which the five year prescription does not apply) after subparagraph (g) there shall be inserted the following—.
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 shall be amended in accordance with the following provisions of this section.
In section 1(1)(a) of that Act (right of occupying spouse not to be excluded from matrimonial home), for the words from “not” to the end there shall be substituted the words “ to continue to occupy the matrimonial home; ”.
After section 1 of that Act there shall be inserted the following subsection—.
In this subsection, “notary public” includes any person duly authorised by the law of the country (other than Scotland) in which the swearing or affirmation takes place to administer oaths or receive affirmation in that other country.
In section 4(1) of that Act after the words “either spouse” there shall be inserted the words “ whether or not that spouse is in occupation at the time of the application. ”.
In section 6 of that Act (continued exercise of occupancy rights after dealings with the matrimonial home)—
the word “or” occurring immediately after subsection (3)(d) shall be omitted;
in subsection (3)(e)—
for the words “the purchase of a matrimonial home by” there shall be substituted the words “ a sale to ”;
after the word “at” there shall be inserted the words “ or before ”;
seller—
For the purposes of this paragraph, the time of the dealing, in the case of the sale of an interest in heritable property, is the date of delivery to the purchaser of the deed transferring title to that interest.
; or
In section 8(2) of that Act (protection of interests of heritable creditors) after the word “apply” there shall be inserted the words “ to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 ”.
After section 8(2) of that Act there shall be inserted the following subsections—.
In section 18 of that Act (occupancy rights of cohabiting couples)—
in subsection (1) for the word “3” there shall be inserted the word “ 6 ”; and
in subsection (6), in the definition of “occupancy rights”—
in paragraph (a) for the words from “not” to the end there shall be substituted the words “ to continue to occupy the house; ” and
at the end there shall be inserted the words — “ and, without prejudice to the generality of these rights, includes the right to continue to occupy or, as the case may be, to enter and occupy the house together with any child residing with the cohabiting couple ”.
but does not include a residence provided or made available by one spouse for that spouse to reside in, whether with any child of the family or not, separately from the other spouse.
Any— shall have effect for the purposes of the said subsection (3) as amended by this section or, as the case may be, section 8(2A) of that Act as if it had been duly sworn, affirmed or, as the case may be, given in pursuance of the said paragraph (e) as so amended or, as the case may be, the said section 8(2A).
affidavit lawfully sworn or affirmed before the commencement of this section in pursuance of paragraph (e) of subsection (3) of section 6 or subsection (2) of section 8 of that Act;
consent lawfully given before such commencement in pursuance of the said subsection (2),
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In any proceeding to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose him to proceedings for a related offence or for the recovery of a related penalty—
from answering any questions put to him in the first mentioned proceedings ; or
from complying with any order made in those proceedings.
Subsection (1) above applies to civil proceedings in the Court of Session or the sheriff court—
for infringement of rights pertaining to any intellectual property or for passing off ;
brought to obtain disclosure of information relating to any infringement of such rights or to any passing off ; and
brought to prevent any apprehended infringement of such rights or any apprehended passing off.
The proceedings referred to in subsection (2) above include—
proceedings on appeal arising out of these proceedings ;
proceedings under section 1(1) of the Administration of Justice (Scotland) Act 1972 (provision in relation to the power of the court to order inspection of documents and other property etc.) which relate to civil proceedings falling within subsection (2) above which are likely to be brought.
No statement or admission made by a person— shall in proceedings for any related offence, or for the recovery of any related penalty, be admisssable in evidence against him : Provided that this subsection shall not render ant such statement or admission inadmissable against him in proceedings for perjury or contempt of court.
in answering a question put to him in any proceedings to which subsection (1) above applies ; or
in complying with any order made in such proceedings,
In this section— “intellectual property” means any patent, trade mark, copyright or design right, registered design, technical or commercial information or other intellectual property ; “related offence”, in relation to any proceedings to which subsection (1) above relates, means—
“croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1955; and
in the case of proceedings within subsection (2)(a) or (b)—
any offence committed by or in the course of the infringement or passing off to which those proceedings relate ; or
any offence not within sub-paragraph (i) committed in connection with that ing fringement or passing off, being an offence involving fraud or dishonesty ;
" related offence ", in relation to any proceedings to which subsection (1) above applies, means—
“agricultural lease” means a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act);
in the case of proceedings within subsection (2)(a) or (6), any penalty incurred in respect of anything done or omitted in connection with the infringement or pasing off to which those proceedings relate;
in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the pursuer relies in those proceedings.
in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the pursuer relies in those proceedings.
in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the pursuer relies in those proceedings. “related penalty”, in relation to any proceedings to which subsection (1) above relates, means—
in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate ;
in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the pursuer relies in those proceedings.
in subsection (1) for the words " Court of Session " and " Court" there shall be substituted the words " appropriate court " and " court" respectively ; and
after subsection (1) there shall be inserted the following subsection—.
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For subsection (2) of section 35 of the Sheriff Courts (Scotland) Act 1971 (summary causes) there shall be substituted the following subsections—.
After section 36 of that Act (procedure in summary causes) there shall be inserted the following sections—.
In section 37 of that Act (remits)—
after subsection (2A) there shall be inserted the following subsections—; and
in subsection (3)(a) after " (2A) " there shall be inserted the words " (2B) or (2C) ".
In section 38 of that Act (appeal in summary causes) for the words from " any summary cause " to " (b) " there shall be substituted the words——.
In section 1 of the Administration of Justice (Scotland) Act 1972 (which makes provision in relation to the powers of the court to order inspectincon of documents and other property), after subsection (1) there shall be inserted the following subsection—.
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; and may in the like manner prescribe as an additional court holiday any day which has been proclaimed, under section 1(3) of the Banking and Financial Dealings Act 1971. to be a bank holiday either throughout the United Kingdom or in a place or locality in the United Kingdom within his jurisdiction.
; and he may, after such consultation, prescribe as an additional court holiday any day which has been proclaimed, under section 1(3) of the said Banking and Financial Dealings Act 1971, to be a bank holiday either throughout the United Kingdom or in a place or locality in the United Kingdom within his jurisdiction.
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If it appears to the Lord President of the Court of Session that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Court of Session or the High Court of Justiciary he may, with the consent of the Secretary of State, appoint a person who— and, in either case, has not reached the age of 75 years, to act as a judge of the Court of Session and High Court of Justiciary during such period or on such occasions as the Lord President thinks fit but, subject to subsection (4) below, a period during which or occasion on which a person may so act, shall not extend beyond or be after he reaches the age of 75 years.
has held office as a judge of the Court of Session ; or
has held office as a Lord of Appeal in Ordinary and who, at the time of his appointment as a Lord of Appeal in Ordinary, was eligible for appointment as a judge in the Court of Session,
A person while acting under this section shall, subject to subsection (3) below, be treated for all purposes as. and accordingly may perform any of the functions of, a judge of the Court in which he is acting.
A person shall not, by virtue of subsection (2) above, be treated as a judge of the Court of Session or the High Court of Justiciary for the purposes of any statutory provision or rule of law relating to—
the appointment, retirement, removal or disqualification of judges of that Court (including, without prejudice to the foregoing generality, any statutory provision or rule of law relating to the number of judges who may be appointed);
the tenure of office and oaths to be taken by such judges;
the remuneration, allowances or pensions of such judges.
Notwithstanding the expiry of any period for which a person is appointed by virtue of subsection (1) above to act as a judge of the Court of Session and High Court of Justiciary—
he may attend at the Court for the purpose of continuing to deal with, giving judgment in, or dealing with any matter relating to, any case begun before him while acting as a judge of that Court; and
for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, having been, a judge of that Court.
The Secretary of State may pay to, or in respect of, a person appointed under subsection (1) above such remuneration or allowances as he may, with the consent of the Treasury, determine.
within the district who appear to him to be qualified and liable to serve as jurors; and those lists
in the first list, men; and
in the second list, women
Section 10 of the said Act of 1825, section 4 of the Juries (Scotland) 1826 and sections 88 to 91 and 98 of the Criminal Procedure (Scotland) Act 1975 shall have effect subject to the amendments to these enactments specified in Schedule 2 to this Act; and for any other reference, however expressed, in any enactment passed before this Act to the general jury book maintained under section 3 of the Jurors (Scotland) Act 1825 there shall be substituted a reference to the lists of potential jurors.
After paragraph 3 of Schedule 3 to the Social Work (Scotland) Act 1968 there shall be inserted the following paragraph—.
In section 42(3) of the Social Work (Scotland) Act 1968 (which, amongst other things, limits to 7 days the period of detention, pending disposal of the case, of a child who has failed to attend before the sheriff in an application to him in respect of the grounds of referral of the child to a children’s hearing) for the words from “for”, where last occurring, to the end there shall be substituted the wordsafter whichever is the earlier of the following— .
the expiry of 14 days beginning with the day on which he was first detained ;
the disposal of the application by the sheriff.".
In section 42(6) of the Social Work (Scotland) Act 1968 (remission of case from sheriff to reporter where the sheriff is satisfied that grounds of referral have been established)—
after the word “established” there shall be inserted “ (a) ”; and
after the word “case”, where secondly occurring, there shall be inserted; and
In the Social Work (Scotland) Act 1968—
in section 58B(3) (power to detain child in secure accommodation) for the words from “authorise” to the end there shall be substituted the words “ order that, pending the determination of his case in accordance with section 42(5) or (6) of this Act, the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment with the agreement of the director of social work of the local authority for the area of the children’s hearing, considers necessary. ”.
in Section 58E(1) (warrant to detail child in secure accommodation) for the words from “authorise” to the end there shall be substituted the words “ order that the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment, with the agreement of the director of social work of the local authority, considers necessary. The local authority referred to in this subsection is, in the case of a warrant issued or renewed by the sheriff, the local authority for the area of the children’s hearing which was dealing with the child in respect of whom the warrant was issued and, in the case of a warrant issued or renewed by a children’s hearing, the local authority for the area of that children’s hearing. ”
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In section 48 of the Social Work (Scotland) Act 1968 (review by children’s hearing of supervision requirements) after subsection (4) there shall be inserted the following subsection—.
In section 12 of the Crofters (Scotland) Act 1955, after subsection (1) (which provides, amongst other things, for compensation of a crofter whose croft, or part thereof, has been resumed by the landlord) there shall be inserted the following subsection—.
In section 9 of the Crofting (Reform) (Scotland) Act 1976 (which entitles a crofter whose croft, or part thereof, has been resumed by the landlord to a share in the value of the land so resumed) after subsection (5) there shall be inserted the following subsection—.
After section 1 of the District Courts (Scotland) Act 1975 there shall be inserted the following section—.
In the District Courts (Scotland) Act 1975—
at the end of subsection (7) of section 11 (which relates to ex officio justices) there shall be inserted the words “ and, notwithstanding that he remains a duly nominated member of the authority, may be removed from office in like manner as a justice appointed under that section. ”;
in subsection (2) of section 15 (which relates to the supplemental list of justices), at the end of paragraph (a) there shall be inserted—
After section 141 of the Criminal Procedure (Scotland) Act 1975 there shall be inserted the following sections—.
After section 346 of the said Act there shall be inserted the following sections—.
after " £10,000 " there shall be inserted " but not exceeding £20,000 " ;
Exceeding £20,000 but not exceeding £50,000 18 months Exceeding £50,000 2 years.
In the Food and Drugs (Scotland) Act 1956—
in subsection (1)(a) of section 40 (which relates to penalties) the words from “or to imprisonment” to “offence is continued” shall cease to have effect ;
in subsection (1)(b) the words from “and”, where it occurs for the second time, to the end shall cease to have effect ;
in subsection (8A) of section 56 (which specifies certain maximum penalties)—
in paragraph (a) the words “or imprisonment for a term not exceeding 6 months or both” shall cease to have effect ; and
in paragraph (b)(i) the words “or imprisonment for a term not exceeding 6 months or both” shall cease to have effect.
section 7(2) (which relates to the appointment of women to visiting committees) shall cease to have effect;
for subsections (1) and (1A) of section 16 (which relates to the discharge of prisoners) there shall be substituted—;
for subsection (2) of section 17 (which relates to allow ances to prisoners on discharge) there shall be substituted—;
in section 34 (which relates to the temporary detention of young offenders) after the word " institution " there shall be inserted the words " , remand centre, "; and
section 35(5)(b) (which relates to special treatment for persons convicted of sedition) shall cease to have effect.
in subsection (5)(a), after the word " shall" there shall be inserted the words " , subject to subsection (5A) below, "; and
after the said subsection (5) there shall be inserted—.
Section 59 of the Criminal Justice Act 1967 shall be amended in accordance with this section.
In subsection (3) of that section (duty of Parole Board for Scotland to advise Secretary of State on release from imprisonment and recall of certain persons)—
in paragraph (a)—
after the word " 61 " there shall be inserted the words " of this Act or section 206 of the Criminal Procedure (Scotland) Act 1975 (detention and release of children convicted on indictment) "; and
after the word " Act" there shall be inserted the words " section 12 of the Criminal Justice (Scotland) Act 1963 or section 206 or 206A of the Criminal Procedure (Scotland) Act 1975 ";
in paragraph (c) for the word " applies " there shall be substituted the words " or the said section 206 applies or the recall of persons to whom the said section 12 or the said section 206A applies ".
In subsection (5) of that section (Board to be given any written representations made by person whose release or recall is under consideration)—
in paragraph (a) after the word "Act" there shall be inserted the words " or section 206 of the Criminal Procedure (Scotland) Act 1975 "; and
in paragraph (b) after the word "Act" there shall be inserted the words " section 12 of the Cnminal Justice (Scotland) Act 1963 or section 206 or206A of the Criminal Procedure (Scotland) Act 1975 ".
In subsection (6) of that section (establishment and functions of local review committees), in paragraph (a), after the words " of this Act" there shall be inserted the words or section 206 of the Criminal Procedure (Scotland) Act 1975 .
After section 206 of the Criminal Procedure (Scotland) Act 1975 there shall be inserted the following section—.
In section 12 of the Criminal Justice (Scotland) Act 1963 (supervision of persons released from young offenders' institution)—
and either—
after that subsection there shall be inserted the following subsection.; and
in subsection (9)—
for the words "that person" there shall be substituted the words " a person released under subsection (7A) above or this subsection "; and
after the word " under ", where secondly occurring, there shall be inserted the words " subsection (7A) above or ".
In section 71AA of the Army Act 1955 and the Air Force Act 1955 respectively and section 43AA of the Naval Discipline Act 1957 (custodial orders), after subsection (6A) in each case there shall be substituted the following subsection—.
Section 12 of the Criminal Justice (Scotland) Act 1963 (supervision of young offenders following release) shall apply to persons released from a term of detention under a custodial order as ot applies to those released from a term of detention imposed under section 207 or section 415 of the Criminal Procedure (Scotland) Act 1975.
In section 1 of the Sheriff Clerks and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerk and procurator fiscal)—
in subsection (3), after the words “foregoing subsections” there shall be inserted the words “ but subject to subsections (4) and (5) below ”; and
after subsection (3) there shall be added the following subsections—.
The Lord Advocate or the Secretary of State may assist (whether financially or otherwise) other persons in conducting research into any matter connected with the law (other than research into any matter referred to in section 75(1) of the Criminal Justice (Scotland) Act 1949).
In section 46 of the Crown Proceedings Act 1947 (which makes provision as to arrestment in the hands of the Crown)—
after paragraph (a) of the proviso there shall be inserted the word “ or ” ;
paragraph (c) of the proviso (which precludes arrestment of money payable on account of a deposit in the National Savings Bank) and the word “or” which precludes that paragraph shall cease to have effect.
After section 28 of the Registration of BIrths, Deaths and Marriages (Scotland) Act 1965 there shall be inserted the following section—.
In section 48 of he said Act of 1965 (decreees altering status to be notified to Registrar General) after the words “be made”, where secondly occurring, there shall be inserted—.
Any entry made in the Register of Corrections Etc. between 1st May 1984 and the date of the coming into force of this section which could have been made after the latter date in the Register of Divorces shall be treated as an entry in the Register of Divorces.
The Mental Health (Scotland) Act 1984 shall be amended in accordance with the following provisions of this section.
In each of sections 21 (approval of applications by the sheriff : hospital) and 40 (approval of applications by the sheriff : guardianship)—
the words “for his approval” shall be omitted from subsection (1) ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 133(4) of the Licensing (Scotland) Act 1976 (application of certain provisions relating to appeals in respect of liquor licensing to certain appeals in respect of certain betting and gaming permits and licences)—
after the word “1968”, where first occurring, there shall be inserted the words “ and paragraph 12 of Schedule 3 to the Lotteries and Amusements Act 1976 ” ; and
for the words “and 1968”, there shall be substituted the words “ 1968 and 1976 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after the word " include " there shall be inserted " (a) "; and
at the end there shall be inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In sub-paragraph (b) of paragraph 4 of Schedule 6 to the National Health Service (Scotland) Act 1978 and in paragraph 4 of Schedule 7 to that Act (which provisions respectively enable the Scottish Hospital Trust and the Scottish Hospital Endowments Research Trust to invest as therein provided) after "1921 " there shall be inserted the words " and the Trustee Investments Acts 1961 ".
It is hereby declared, for the avoidance of doubt, that the Trust has at all times had the power referred to in subparagraph (b) above to invest in any security in which trustees are authorised to invest under or in pursuance of the Trustee Investments Act 1961.
It is hereby declared, for the avoidance of doubt, that the Research Trust has at all times had the power referred to in this paragraph to invest in any security in which trustees are authorised to invest under or in pursuance of the Trustee Investments Act 1961.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in section 23 of the Local Government (Scotland) Act 1975 (authorities subject to investigation)—
in subsection (1) there shall be added at the end the words—; and
after subsection (2) there shall be added the following subsection—.
In section 24 of that Act (matters subject to investigation)—
after subsection (3) there shall be inserted the following subsection—; and
in subsection (4) after the word " concerned " there shall be inserted the words " or, in the case of the Scottish Special Housing Association or a new town development corporation, to the Commissioner ".
The enactments specified in Schedule 1 to this Act (Part 1 of which Schedule contains amendments relating to the incorporation of solicitors’ practices and Part II amendments relating to other matters relating to solicitors) shall have effect subject to the amendments to these enactments there set out.
In section 5 of the Private Legislation Procedure (Scotland) Act 1936 (which provides, amongst other things, as to the appointment of Commissioners for inquiries under the Act) there shall be added at the end the following subsection—.
There shall be paid out of money provided by Parliament—
any expenses incurred by the Secretary of State under section 22(5) of this Act or section 5(9) of the Private Legislation Procedure (Scotland) Act 1936 or by the Secretary of State or the Lord Advocate under section 48 of this Act; and
any increase attributable to this Act in the sums which, under any other Act, are payable out of money so provided.
the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments to these enactments there set out.
The enactments specified in Schedule 4 to this Act are hereby repealed to the extend there set out.
This Act may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.
Schedule 3 to this Act shall have effect for the purpose of making transitional provision.
This Act shall come into force as follows—
sections 26 to 29, 54, this section, paragraphs 28 to 30 and 32 of Schedule 2 and so much of section 59(1) as relates to these paragraphs, when it is passed;
sections 14, 15, 18, 19 and 36 and paragraphs 8, 12, 13 and 24 of Schedule 2 and so much of section 59(1) as relates to these paragraphs, on such day as the Lord Advocate may be order appoint;
sections 35 and 50, on such day as the Secretary of State may by order appoint; and
the remaining provisions, at the end of the period of two months beginning with the day on which it is passed.
Different days may be appointed under subsection (3)(b) and (c) above for the different provisions specified therein.
An order under this section shall be made by statutory instrument.
This act applies to Scotland only.
In section 16(1) (appeal to Court of Session against decisions of Council in relation to practising certificates)—
after the word “where” there shall be inserted “ (a) ”; and
after the word “applicant” there shall be inserted; .
In section 18 (suspension of practising certificates)—
after subsection (1) there shall be inserted the following subsection—;
after subsection (3) there shall be inserted the following subsection—.
In section 21(3) (definition of “consultant” in relation to requirement upon consultants to hold practising certificates)—
after the word “who” there shall be inserted “ (a) ”;
after the word “name”, where thirdly occurring, there shall be inserted—.
In section 26 (offence for solicitors to act as agents for unqualified persons)—
in subsection (1)—
after the word “who” there shall be inserted the words “ or incorporated practice which ”;
in each of paragraphs (b) and (d) after the word “his” there shall be inserted “ or, as the case may be, its ”;
in subsection (3) there shall be inserted at the end the words “ but “unqualified person” does not include an incorporated practice ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)—
after the word " solicitor" there shall be inserted the words " or incorporated practice ";
after the word " him " there shall be inserted the words " or, as the case may be, it ";
in subsection (2)—
after the word "solicitor", where first occurring, there shall be inserted the words " or incorporated practice ";
in paragraph (a) after the word "him" there shall be inserted the words " or, as the case may be, to it " and after the word " business", where secondly occurring, there shall be inserted the words " or former director of the incorporated practice ";
in paragraph (b), after the word "business", where first occurring, there shall be inserted the words " or as the case may be, a director or member of the incorporated practice " and after the word "he" there shall be inserted the words " or, as the case may be, it ;
in paragraph (c) after the word " him " there shall be inserted the words " or, as the case may be, it .
In section 28 (disqualified solicitors not to seek employment without informing employer)—
after the word “practice” where thirdly occurring, there shall be inserted the words “ or by an incorporated practice ”;
after the word “him” there shall be inserted the words “ or, as the case may be, it ”.
In section 30 (liability for fees of another solicitor)—
after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;
after that word, where secondly and thirdly occurring, there shall be inserted the words “ or incorporated practice ”;
after the word “he” in each place where it occurs, there shall be inserted the words “ or, as the case may be, it ”;
after the word “solicitor’s” there shall be inserted the words “ or incorporated practice’s ”.
Section 31 (offence for unqualified persons to pretend to be solicitors or notaries public) shall be renumbered as subsection (1) of that section and—
In this section, ”unqualified person’ does not include an incorporated practice
after that subsection there shall be inserted the following subsections—.
In section 32(2) (persons to whom offence of preparing certain documents does not apply) there shall be inserted at the end the following—; or .
This section does not apply to an incorporated practice.
After section 33 there shall be inserted the following section—.
In section 34 (rules as to professional practice, conduct and discipline)—
in subsection (1) at the end there shall be inserted the words “ and incorporated practices ”;
after subsection (1) there shall be inserted the following subsection—.
after subsection (4) there shall be inserted the following subsections—.
In section 35(1) (accounts rules) after the word “solicitors”, in each place where it occurs, there shall be inserted the words “ and incorporated practices ”.
In section 36 (interest on client’s money)—
in subsection (1)—
after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;
after the word “his” there shall be inserted the words “ or, as the case may be, by the incorporated practice in its ”;
after the word “solicitor’s” there shall be inserted the words “ or, as the case may be, the incorporated practice’s ”;
in subsection (2) after the word “solicitor” there shall be inserted the words “ or incorporated practice ”;
in subsection (3)—
after the word “solicitor”, where first occurring, there shall be inserted the words “ or incorporated practice ”;
after the word “solicitor”, where lastly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;
after the word “his” there shall be inserted the words “ or, as the case may be, its ”;
in subsection (4) after the word “client” there shall be inserted the words “ or an incorporated practice and its client ”.
In section 37 (accountant’s certificates)—
in subsection (2) after the word “solicitor” there shall be inserted the words “ and incorporated practice ”;
in subsection (3) after the word “firm” there shall be inserted the words “ or of an incorporated practice ”;
in subsection (5)—
in paragraph (a) after the word “who” there shall be inserted the words “ or incorporated practice which ”, after the word “firm” there shall be substituted the words “ or, as the case may be, of the incorporated practice ” and after the word “them” there shall be inserted the words “ or, as the case may be, it ”;
in paragraph (b), after the word “solicitor” there shall be inserted the words “ or incorporated practice ” and after the word “practice” there shall be inserted the words “ or, as the case may be, it has not ”;
in subsection (6)—
in paragraph (a)(iii) after the word “solicitors” there shall be inserted the words “ or incorporated practices ”;
after the word “he” there shall be inserted the words “ or, as the case may be, an incorporated practice which satisfies the Council that it ”;
in subsection (7)—
after the word “solicitor” there shall be inserted the words “ or incorporated practice ”;
after the word “him” there shall be inserted the words “ or, as the case may be, it ”.
In section 38 (powers of Council where dishonesty alleged)—
in subsection (1)—
after the word “his”, where first occurring, there shall be inserted the words “ or an incorporated practice or any employee thereof ”;
after the word “firm” there shall be inserted the words “ or, as the case may be, such incorporated practice ”;
in subsection (2)—
in paragraph (a), there shall be inserted at the end the words “ or, as the case may be, such incorporated practice ”;
in paragraph (b), there shall be inserted at the end the words “ or, as the case may be, of which the incorporated practice or one of its employees is a sole trustee or it is a co-trustee only with one or more of its employees. ”.
In section 39 (Council’s powers where delay alleged)—
in subsection (1)—
after the word “solicitor” there shall be inserted the words “ or an incorporated practice ”;
after the word “firm” there shall be inserted the words “ or, as the case may be, it ”;
after the word “employees” there shall be inserted the words “ or, as the case may be, the incorporated practice or one of its employees was the sole trustee or it was a co-trustee only with one or more of its employees ”,
after the word “solicitor” where secondly occurring, there shall be inserted the words “ or, as the case may be, incorporated practice ”;
in subsection (2)—
after the word “solicitor”, where first and lastly occurring there shall be inserted the words “ or, as the case may be, incorporated practice ”;
after the word “he” there shall be inserted the words “ or, as the case may be, it ”;
after the word “firm” there shall be inserted the words “ or, as the case may be, to that incorporated practice. ”.
In section 40 (Council’s powers where failure to comply with accounts rules etc.)—
in subsection (1)—
after the word “solicitor”, where first occurring, there shall be inserted the words “ or incorporated practice ”;
after the word “solicitor”, where secondly and thirdly occurring, there shall be inserted the words “ or, as the case may be, incorporated practice ”;
after the word “his” there shall be inserted the words “ or, as the case may be, its ”;
after the word “section”, where lastly occurring, there shall be inserted “ (a) ”;
and a certificate so withdrawn
in subsection (2)—
after the word “he” there shall be inserted the words “ or as the case may be, by the incorporated practice that it ”;
after the word “solicitor” where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”,
for the words from “and” onward there shall be substituted the words “ or solicitors concerned and shall restore to him or them any practising certificate or certificates held by him or them for the practice year then current. ”;
in subsection (3) for the word “the”, where secondly occurring, there shall be substituted the word “ a ”.
In section 41 (appointment of judicial factor)—
after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;
after the word “solicitor” where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;
for the words “in connection with his practice as a solicitor” there shall be substituted the words “ , in the case of a solicitor, in connection with his practice as such ”;
after the word “arise” there shall be inserted the following; or ;
after the word “solicitor”, where fourthly occurring, there shall be inserted the words “ or, as the case may be, of the incorporated practice ”;
after the word “solicitor”, where fifthly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;
for the words “the solicitor’s” there shall be substituted the word “ such ”.
In section 42 (distribution of sums in client bank account)—
in subsection (1)—
after the word “(2)” there shall be inserted the words “ or (2A) ”;
after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;
after the word “him”, where first and thirdly occurring, there shall be inserted the words “ or, as the case may be, by it ”;
after the word “clients”, where firstly occurring, there shall be inserted the words “ or, as the case may be, by it on behalf of its clients ”;
after the word “solicitor”, where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”;
after the word “behalf”, where secondly occurring, there shall be inserted the words “ or, as the case may be, by it on their behalf ”;
after the word “him”, where lastly occurring, there shall be inserted the words “ or, as the case may be, by it ”;
after subsection (2) there shall be inserted the following subsection—;
in subsection (3)—
after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ”;
after the word “his”, where first occurring, there shall be inserted the words “ or, as the case may be, its ”;
after the word “client”, where secondly occurring, there shall be inserted the words “ or, as the case may be, by the incorporated practice on that behalf ”;
after the word “him” there shall be inserted the words “ or, as the case may be, by it ”;
after the word “name” there shall be inserted the words “ or, as the case may be, by the incorporated practice in its own name ”.
In section 42 (Guarantee Fund)—
in subsection (2) after the words “part of” there shall be inserted “ (a) ” and at the end there shall be inserted; or ;
in subsection (3), after paragraph (c), there shall be added the following—;
in subsection (7)(c) there shall be inserted at the end the following “ or in the employment of an incorporated practice ”.
In section 44 (professional indemnity)—
in subsection (1)—
after the word “solicitors”, where secondly occurring, there shall be inserted the words “ and incorporated practices ”;
in paragraph (c) after the word “solicitors”, where secondly occurring, there shall be inserted the words “ and incorporated practices or any specified class thereof ”;
in subsection (3)—
in each of paragraphs (b) and (c) after the word “solicitors”, where secondly occurring, there shall be inserted the words “ and incorporated practices or any class of incorporated practices ”;
in paragraph (f) after the word “solicitor” there shall be inserted the words “ or incorporated practice ” and after each of the words “he” and “him” there shall be inserted the words “ or, as the case may be, it ”;
in paragraph (g) after the word “solicitors” there shall be inserted the words “ and incorporated practices ”;
in subsection (5) there shall be inserted at the end the words “ and, as respects incorporated practices, means any liability incurred by it which if it had been incurred by a solicitor would constitute such civil liability ”.
In section 45 (safeguarding interests of clients of solicitors struck off or suspended)—
in subsection (1) at the end there shall be inserted the words “ and, in relation to any incorporated practice, the recognition under section 34(1A) of which is revoked ”;
in subsection (2)—
at the beginning there shall be inserted the words “ In the case of a solicitor, ”;
after the words “solicitors” there shall be inserted the words “ or incorporated practice ”;
after subsection (2) there shall be inserted the following subsection—;
in subsection (3)—
after the word “solicitor” in both places where it occurs, there shall be inserted the words “ or, as the case may be, incorporated practice ”;
after the word “he” there shall be inserted the words “ or, as the case may be, any director, manager, secretary or other employee of the incorporated practice ”;
in subsection (5), after the word “practice” there shall be inserted the words “ or, as the case may be, the recognition under section 34(1A) is revoked. ”.
In section 47 (restriction on employing solicitor struck off or suspended)—
in subsection (1)—
after the word “solicitor”, where secondly occurring, there shall be inserted the words “ and, unless it has such permission, an incorporated practice shall not ”;
after the word “his”, where first occurring, there shall be inserted the words “ or, as the case may be, its ”;
in subsection (3) after the word “solicitor” there shall be inserted the words “ or, as the case may be, incorporated practice ”;
in subsection (4) at the end there shall be inserted the words “ and if any incorporated practice so acts its recognition under section 34(1A) shall be revoked. ”.
In section 49 (investigation by lay observer of Society’s treatment of complaints), in subsection (1) after the word “solicitor”, where secondly occurring, there shall be inserted the words “ or about an incorporated practice or an employee thereof ”.
In section 51(2) (complaints to Discipline Tribunal) after the words “client” there shall be inserted the words “ or an incorporated practice may have failed to comply with any provision of this Act or of rules made under this Act applicable to it ”.
In section 52(1) (procedure and powers of Discipline Tribunal) there shall be inserted at the end the words “ or an incorporated practice ”.
In section 53 (powers of Discipline Tribunal)—
in subsection (1) there shall be inserted at the end—; or .
in subsection (2) (powers of Discipline Tribunal)—
in paragraphs (c) and (d) after the word “solicitor” there shall be inserted the words “ or, as the case may be, the incorporated practice ”.
in paragraph (e) after the word “him” there shall be inserted the words “ or, as the case may be, it ”.
after paragraph (e) there shall be added the following—or .
after subsection (6) (effective date of striking off or suspension of solicitor) there shall be inserted the following subsection—.
in subsection (7) after the word “(6)” there shall be inserted the words “ or (6A) ” and for the words “that subsection” there shall be substituted the words “ subsection (6) or, as the case may be, subsection (6A) ”.
In section 54 (appeals by solicitors from decisions of the Discipline Tribunal)—
in subsection (1) for the word “him” there shall be substituted the words “ that person ”;
in subsection (2)—
after the word “Where” there shall be inserted “ (a) ”;
after the word “effect”, where secondly occurring, there shall be inserted—;
In section 60 (offence for notaries public to act for unqualified persons) in subsection (2) there shall be inserted at the end the words “ but “unqualified person” does not include an incorporated practice ”.
In section 61 (protection of banks)—
in each of subsections (1) and (2) after the word “solicitor” there shall be inserted the words “ or an incorporated practice ”;
in subsection (3) after the word “solicitor”, where first occurring, there shall be inserted the words “ or an incorporated practice ” and after that word, where secondly occurring, there shall be inserted the words “ or, as the case may be, the incorporated practice ”.
In section 64 (service of notices) there shall be inserted at the end the words “ or, in the case of an incorporated practice, if it is left at, or delivered or sent by post to, its registered office ”.
“incorporated practice” has the meaning given by section 34(1A)(c);
In Schedule 3 (The Scottish Solicitors’ Guarantee Fund)—
in paragraph 1—
after sub-paragraph (2) there shall be inserted the following sub-paragraphs—
in sub-paragraph (3) there shall be inserted at the end the words “ and the scale of the annual corporate contributions to be so paid, which scale shall be fixed by reference to factors which shall include the number of solicitors who are directors or employees of each of the incorporated practices to which the scale relates. ”;
in sub-paragraph (4) after the word “solicitor” there shall be inserted the words “ and no annual corporate contribution by an incorporated practice ”;
in sub-paragraph (5) for the words “a special”, where secondly occurring, there shall be substituted the words “ upon every incorporated practice a contribution (hereafter referred to as a “special corporate contribution”) in accordance with a scale of such contributions fixed by the Council as under sub-paragraph (3), and a special or special corporate ”;
in paragraph 1(8) after the word “solicitors” there shall be inserted the words “ or of an incorporated practice ”;
in paragraph 3(2), after the word “solicitors”, where first occurring, there shall be inserted the words “ and incorporated practices ” and after that word, where secondly occurring, there shall be inserted the words “ or incorporated practice or practices ”;
in paragraph 4(2) after the word “employee” there shall be inserted the words “ or the incorporated practice in question or its employee ”.
in paragraph 5(2) after the word “solicitor” there shall be inserted the words “ or incorporated practice ”.
In Schedule 4 (constitution, procedure and powers of Tribunal)—
in paragraph 9—
after the word “solicitor”, where first and secondly occurring, there shall be inserted respectively, the words “ or an incorporated practice ” and “ or the incorporated practice ”; and
after the word “him” there shall be inserted the words “ or, as the case may be, it ”;
after the word “solicitor” where thirdly and lastly occurring there shall be inserted, in each case, the words “ or, of failure on the part of the incorporated practice to comply with any provision of this Act or of rules made under this Act ”;
in paragraph 10 (duty of Discipline Tribunal to give respondent solicitor notice of complaint)—
after the word “solicitor” there shall be inserted the words “ or incorporated practice ”;
after the words “him” and “his” there shall be inserted respectively the words “ or, as the case may be, it ” and “ or, as the case may be, its ”.
in paragraph 16—
in each of paragraphs (c) and (d) after the word “solicitor” there shall be inserted the words “ or an incorporated practice ”;
after paragraph (d) there shall be added—or ;
for “(d)” where secondly occurring, there shall be substituted “ (e) ”;
after the word “court”, where secondly occurring, there shall be inserted the words “ or under section 53(6A) which has not been varied by the court ”;
after the word “roll”, where secondly occurring, there shall be inserted the words “ or as to revoking the recognition under section 34(1A) of an incorporated practice ”.
In section 34(4) (restriction on commissions for introduction of business) after the word “solicitor” there shall be inserted the words “ (including that of an incorporated practice within the meaning of the Solicitors (Scotland) Act 1980) ”.
In section 6(3)(a) (exclusion of certain solicitors from giving legal aid) the word “or” immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be inserted the following—or— .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 5(2) (definition of “the solicitor” for purposes of rules relating to payment of certain charges or fees), after the word “solicitors”, where first occurring, there shall be inserted the words “ or by an incorporated practice (within the meaning of the Solicitors (Scotland) Act 1980 ”) and after that word, where secondly occurring, there shall be inserted the words “ , incorporated practice ”.
In section 1(2)(a) (disapplication of Act to practising solicitors and their employees) after the word “him” there shall be inserted the words “ or by an incorporated practice (within the meaning of the Solicitors (Scotland) Act 1980) or a person employed by it ”.
In section 745(3) and 778(3) of, and paragraph 14(5) of Schedule 15 to, the Income and Corporation Taxes Act 1988 (saving for solicitors in relation to requirement to furnish certain information to Inland Revenue) any reference to a solicitor shall include a reference to an incorporated practice and any reference to a solicitor’s client shall, in relation to a solicitor who is a director, manager, secretary or employee of an incorporated practice within the meaning of the Solicitors (Scotland) Act 1980, be construed as a reference to a client of that practice.
Section 25 (provisions as to taking apprentices) is hereby repealed.
Section 25 (provisions as to taking apprentices) is hereby repealed.
In section 6 (admission as solicitor)—
in subsection (1)(b) the words " by affidavit or otherwise " are hereby repealed.
after subsection (3) there shall be inserted the following subsections—.
Section 15(2)(a) (Council to have discretion as to issue of practising certificates where applicant still has to serve post-qualifying year of practical training) is hereby repealed.
In section 35(1) (power to make accounts rules)-—
the word " and " immediately preceding paragraph (d) shall be omitted;
after that paragraph there shall be added the following—; and.
Section 48 (restriction on number of apprentices) is hereby repealed.
After section 62 there shall be inserted the following section—.
In Schedule 1 (constitution etc. of the Law Society of Scotland)—
for paragraph 6 (subscriptions) there shall be substituted the following paragraphs—;
in paragraph 7 (subscription in first three years of enrolment)—
the word “annual”, in both places where it occurs, is hereby repealed;
after the word “year” there shall be inserted the words “ or part thereof ”; and
there shall be added at the end the words “ (reduced, in the case of a solicitor first included in the roll for only part of a year, in that year proportionately) ”; and
after the said paragraph 7 there shall be inserted the following paragraphs—.
In Schedule 3 (the Scottish Solicitors Guarantee Fund)—
in paragraph 1(1) (annual contributions to Guarantee Fund) the words " not exceeding the sum of £25 " are hereby repealed.
in paragraph 1(3) (Council to fix amount of contributions for each year by previous 31 July) for the words "31 July" there shall be substituted the words " 30 September "; and
paragraph 1(7) (limit to special contributions to Guarantee Fund) is hereby repealed.
In section 6 (admission as solicitor)—
in subsection (1)(b) the words “by affidavit or otherwise” are hereby repealed.
after subsection (3) there shall be inserted the following subsections—.
Section 15(2)(a) (Council to have discretion as to issue of practising certificates where applicant still has to serve post-qualifying year of practical training) is hereby repealed.
In section 35(1) (power to make accounts rules)—
the word “and” immediately preceding paragraph (d) shall be omitted;
after that paragraph there shall be added the following—; and .
Section 48 (restriction on number of apprentices) is hereby repealed.
After section 62 there shall be inserted the following section—.
In Schedule 1 (constitution etc. of the Law Society of Scotland)—
for paragraph 6 (subscriptions) there shall be substituted the following paragraphs—;
in paragraph 7 (subscription in first three years of enrolment)—
after the said paragraph 7 there shall be inserted the following paragraphs—.
In Schedule 3 (the Scottish Solicitors Guarantee Fund)—
in paragraph 1(1) (annual contributions to Guarantee Fund) the words “not exceeding the sum of £25” are hereby repealed.
in paragraph 1(3) (Council to fix amount of contributions for each year by previous 31 July) for the words “31 July” there shall be substituted the words “ 30 September ”; and
Sections 23 and 59.
In section 10 (order in which names of jurors are to be taken for civil proceedings) for the words “in the said jury books” and “general jury book” there shall be substituted respectively the words “ of potential jurors ” and “ lists ”.
In section 4 (names of dead and disqualified jurors not to be included in returns of jurors) for the words “said general jury book”, in both places where these occur, there shall be substituted the words “ list of potential jurors ”.
In section 10 the words from “Provided also” to the end of the section shall cease to have effect.
In section 159 (litigiosity not to begin before date of registration in Register of Inhibitions and Adjudications of notice of summons) after the word “summons”, where thirdly occurring, there shall be inserted the words “ and contain a description of the lands to which the summons relates ”.
In Schedule RR (form of notice of summons) after the word “signeting]” there shall be inserted the words “ The summons relates to [Einsert description of lands]. ”.
In section 44 (limitation of effect of entries in Register of Inhibitions)—
in subsection (2)(a)—
after the words “unless and until” there shall be inserted— ; and
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in subsection (3)(a) for the words “and notices of litigiosity” there shal1l be substituted the words “ , notices of litigiosity and notices of applications under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 ”.
Section 46 shall be renumbered as subsection (1) thereof and after that subsection there shall be inserted the following subsection—.
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after paragraph (g) there shall be inserted the following paragraph—•; and
after paragraph (h) there shall be inserted the following paragraph—.
In section 21(2) (mode of provision of accommodation and maintenanqce of child in care of local authority) for the words “the last foregoing section” there shall be substituted the words “ section 20 of this Act ”.
In section 58B(3) for the word “child’s” there shall be substituted the word “ children’s ”.
In section 41 (restriction on effect of reduction of certain discharges of securities) at the end there shall be inserted the following subsection—
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after paragraph (h) there shall be inserted the following paragraph—; and
in paragraph (i) of the proviso after the word " Act" there shall be inserted the words "(as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985)".
In section 33(4) (appointment of secretary of Sheriff Court Rules Council) the words “whole-time sheriff clerk as” shall cease to have effect.
In section 35 (summary causes) after subsection (1) there shall be inserted the following subsection—.
In subsection (2) of section 1 (extended power of court to order inspection of documents and other property etc.) after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.
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In section 9 (rectification of the register)—
or the rectification is consequential on the making of an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.
after subsection (3) there shall be inserted the following subsection—.
At the end of section 12(3) (exclusion of indemnity) there shall be added the following paragraph—.
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In section 28 (application of section 1 of the Administration of Justice (Scotland) Act 1972) after “1972” there shall be inserted the words “ as amended by the Law Reform (Miscellaneous Provisions) Act 1985 ”.
The entry in Schedule 2 relating to paragraph 4 of Schedule 7D to the Criminal Procedure (Scotland) Act 1975 shall be treated as never having been enacted.
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in subsections (2)(c)(i) and (7), for the word " tenders" there shall be substituted the word " makes ";
in subsection (11), for the word " applies" there shall be substituted the words " and section 43 below apply. ".
In section 43 (which relates to the endorsement of licences)—
in subsection (2), for the words " the fixed penalty is paid " there shall be substituted the words " payment of the fixed penalty is tendered ";
after subsection (2) there shall be inserted the following subsections—.
In section 56(2) (registration of housing association and Housing Corporation rents), after the word “Sections”, where first occurring, there shall be inserted the words “ 22 to 27, ”.
In subsection (5) of section 106 (compulsory entry to carry out works on substandard houses), for the words from “has” where first occurring, to the end there shall be substituted the words “ and ”tolerable standard’ have the meaning respectively assigned to them by section 49(3) of the said Act of 1974 ”.
In Schedule 9 (savings and transitional provisions), at the end, there shall be inserted the following paragraph—.
In section 27(1) (interpretation) in the defintion of “matrimonial home” there shall be added at the end the words “ as amended by section 13(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 ”.
In Schedule 4, in paragraph 61(b) (amendments of the Representation of the People Act 1983 relating to time limit for prosecutions) after the word “without” there shall be inserted the word “ undue ”.
Section 60.
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in the case of solemn proceedings, when the oath is administered to the jury;
in the case of summary proceedings, when the first witness is sworn.
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Section 59. Chapter Short title Extent of repeal 1825 c.22 The Jurors (Scotland) Act 1825. Sections 11 and 14. 1830 c. 37. The Criminal Law (Scotland) Act 1830. Section 11. 1867 c. 17. The Lyon King of Arms Act 1867. In section 10, the words from “Provided also” to the end of the section. 1920 c. 53. The Jurors (Enrolment of Women) (Scotland) Act 1920. The whole Act. 1947 c. 44. The Crown Proceedings Act 1947. In section 46, paragraph (c) of the proviso and the word “or” which precedes it. 1949 c. 63. The Legal Aid and Solicitors (Scotland) Act 1949. Section 25. 1952 c. 61. The Prisons (Scotland) Act 1952. Section 7(2). Section 18(4) and (5). Section 35(5)(b). 1965 c. 22. The Law Commissions Act 1965. Section 2(5). 1971 c. 10 The Vehicles (Excise) Act 1971. In subsection 9(5) (as it applies to Scotland) the words “convicted on indictment of, or is”, the words “Part I or” and the words from “the conviction on” to “as the case may be,”. . . . . . . . . . In section 33(4), the words “whole-time sheriff clerk as”. 1975 c. 20 The District Courts (Scotland) Act 1975. Section 19. 1975 c. 21. The Criminal Procedure (Scotland) Act 1975. In section 448(2C)(b), the words “to the draft case”. 1976 c. 32. The Lotteries and Amusements Act 1976. In Schedule 3, paragraph 14. 1980 c. 45. The Water (Scotland) Act 1980. Section 96. 1980 c. 46. The Solicitors (Scotland) Act 1980. In section 6(1)(b), the words “by affidavit or otherwise”. Section 15(2)(a). In section 35(1), the word “and” immediately preceding paragraph (d). In Schedule 1, in paragraph 7 the word “annual” in both places where it occurs. In Schedule 3, in paragraph 1(1), the words “not exceeding the sum of £25” and paragraph 1(7).