Law Reform (Miscellaneous Provisions) (Scotland) Act 1966

Wages, pensions etc. to be exempt from arrestment on the dependence of an action

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• (1) After the passing of this Act it shall not be competent to arrest on the dependence of an action any earnings or any pension.

• (2)

• (a) For the purposes of this and of the next following section “ earnings” means any sums payable by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service);

• (b) in this section “ pension” includes—

• (i) any annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and any periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment;

• (ii) any pension or allowance payable in respect of disablement or disability.

Certain earnings payable by the Crown to be arrestable in execution

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• (1) Subject to the provisions of this section, any rule of law which exempts from arrestment in execution earnings falling to be paid by the Crown or a Minister of the Crown or out of the public revenue of the United Kingdom shall cease to have effect, except in relation to earnings payable to a member of the armed forces of the Crown; and accordingly for paragraph (a) of the proviso to section 46 of the Crown Proceedings Act 1947 (provisions as to arrestment in the hands of the Crown), there shall be substituted the following paragraph—

(a) any earnings payable to any officer of the Crown as such, except as provided by section 2 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966;

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• (2) Earnings liable to arrestment by virtue of the last foregoing subsection shall be treated as falling to be paid by the chief officer in Scotland for the time being of the department, office or other body concerned.

• (3) If any question arises, in connection with any proceedings relating to such an arrestment as to who for the purposes of this section is the chief officer in Scotland of the department, office or other body, that question shall be referred to and determined by the Treasury.

• (4) A document purporting to set out a determination of the Treasury under the last foregoing subsection and to be signed by an official of the Treasury shall, in any such proceedings as aforesaid, be sufficient evidence of that determination, and deemed to contain an accurate statement thereof unless the contrary is shown.

• (5) In this section "earnings payable to a member of the armed forces of the Crown" means any sum (other than a pension) the assignation of which is precluded by virtue of section 203 of the Army Act 1955 or of section 203 of the Air Force Act 1955, or any like sum payable to a member of the naval forces of the Crown, or to a member of any women's service administered by the Defence Council.

• (6) The Wages Arrestment Limitation (Scotland) Act 1870 shall apply in relation to earnings arrestable by virtue of this section as it applies to other earnings.

• (7) Nothing in the provisions of this section shall affect the operation of section 163 of the Merchant Shipping Act 1894, which exempts from arrestment wages payable to seamen and apprentices within the meaning of that Act.

Power to vary amount of wages excepted from arrestment

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• (1) If at any time after the commencement of this Act it appears to Her Majesty in Council that the sum of four pounds specified in section 2 of the Wages Arrestment Limitation (Scotland) Act 1870 (limitation of liability of wages to arrestment) (whether by virtue of the said Act as amended by any other Act, or as previously amended under this section) should be further varied, Her Majesty may by Order in Council direct that the said section shall be further amended so as to substitute, for the sum specified in that section, such other sum as may be specified in the Order.

• (2) No recommendation shall be made to Her Majesty to make an Order in Council under the last preceding subsection unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

• (3) Any Order in Council made under this section may be revoked by a subsequent Order in Council under this section which substitutes another sum for the sum specified in the Order which is thereby revoked.

• (4) An Order in Council made under this section shall come into force on the expiration of a period of not less than one month beginning with the date on which it is made.

Power to dispense with the consent of minor who is incapable of giving his consent in adoption proceedings

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Adopted person to be treated as child of natural parents for purposes of succession in certain circumstances

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• (1) Notwithstanding section 23(1) of the Succession (Scotland) Act 1964 (adopted person to be treated for the purposes of sucession as the child of the adopter), where the adopter of an adopted person has died before 10th September 1964, the adopted person shall be treated for the purposes of succession to the estate of a natural parent, who dies after the commencementof this Act, as the child of that parent.

• (2) In the foregoing subsection, in relation to a person adopted jointly by spouses any reference, however worded, to the death of an adopter shall be construed as a reference to the death of both spouses: and other expressions shall have the same meaning as in Part IV of the Succession (Scotland) Act 1964.

Amendment of section 5 of Trusts (Scotland) Act 1961

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• (1) The periods for which accumulations of income under a settlement or other disposition are permitted by section 5 of the Trusts (Scotland) Act 1961 shall include—

• (a) a term of twenty-one years from the date of the making of the settlement or other disposition, and

• (b) the duration of the minority or respective minorities of any person or persons living or in utero at that date,

and a direction to accumulate income during a period specified in paragraph (a) or paragraph (b) of this subsection shall not be void, nor shall the accumulation of the income be contrary to the said section 5, solely by reason of the fact that the period begins during the life of the grantor and ends after his death.

• (2) The restrictions imposed by the said section 5 shall apply in relation to a power to accumulate income whether or not there is a duty to exercise that power, and they shall apply whether or not the power to accumulate extends to income produced by the investment of income previously accumulated.

• (3) This section shall apply only in relation to instruments taking effect after the passing of this Act, and in the case of an instrument made in the exercise of a special power of appointment shall apply only where the instrument creating the power takes effect after the passing of this Act.

Admissibility in evidence of certain records in civil proceedings

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Variation and recall by the sheriff of certain orders made by the Court of Session in respect of maintenance, custody etc., and amendment of section 2 of the Divorce (Scotland) Act 1938

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• (1) The provisions of this section shall apply to the following orders made by the Court of Session, that is to say—

• (a) an award of aliment,

• (b) an order for an annual or periodical allowance made under section 2 of the Divorce (Scotland) Act 1938, whether under that section as originally enacted or as amended by any subsequent enactment including this Act,

• (c) an order for a periodical allowance made under subsection (2) or (3) of section 26 of the Succession (Scotland) Act 1964, or under section 5 of the Divorce (Scotland) Act 1976or section 29 of the Matrimonial and Family Proceedings Act 1984or section 8 of the Family Law (Scotland) Act 1985

• (cc) an order under section 11 of the Children (Scotland) Act 1995 (orders in respect of parental responsibilities etc.) or under any earlier enactment relating to the custody, care or supervision of a child, or access to a child;

• (d) an order made by virtue of section 9 of the Conjugal Rights (Scotland) (Amendment) Act 1861 or under Part II of the Matrimonial Proceedings (Children) Act 1958 or by virtue of Part II of the Guardianship Act 1973, and

• (e) an order varying any such order as aforesaid.

• (2) Where any person has a right to make application for the variation or recall of any order . . . to which the provisions of this section apply, he may make an application in that behalf to the sheriff, and, subject to the provisions of the next following subsection, the sheriff shall have the like powers in relation to the application as the Court of Session.

• (3) Where in any application under this section any other party to the action, not later than the first calling of the application in court, requests that it be remitted to the Court of Session, the sheriff shall so remit, and the Court of Session shall deal with it accordingly.

• (4) Notwithstanding anything in Part I of the Public Records (Scotland) Act 1937 (transmission of court records to and from the Keeper of the Records of Scotland etc.), the powers of the Court of Session, conferred by sections 16 and 34 respectively of the Administration of Justice (Scotland) Act 1933 to regulate its own procedure and that of the sheriff court, shall include power to provide for the transmission to and from the sheriff court of any process in the action to which an application under this section relates; and for the purposes of the said Act of 1937 and of this section any record of such an application shall be deemed to be a record of the Court of Session.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this section—

• “order” includes a provision in a final decree, but does not include an interim order,

• “party” means any person having a right to make application for the variation or recall of the order in question, and

• “sheriff” means

• (a) in relation to an order under subsection (1)(a), (b) , (c) or (cc)above or an order varying any such orderthe sheriff having jurisdiction over any party on whom the application has to be served, on any of the grounds mentioned in paragraphs (a), (b), (c) or (k) of section 43(2) of the Courts Reform (Scotland) Act 2014.

• (b) in relation to an order mentioned in subsection (1)( d ) above or an order varying any such order, the sheriff having jurisdiction under section 9, 10 or 12 of the Family Law Act 1986.

Extension of certain time limits in appeals under Summary Jurisdiction (Scotland) Act 1954

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Acts of adjournal and acts of sederunt to be statutory instruments

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Interpretation, repeals, citation and extent

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• (1) Any reference to this Act to an enactment shall be construed as a reference to that enactment as amended by any other enactment including this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) This Act may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966, and shall extend to Scotland only.

SCHEDULE

PART I — Repeals consequential on section 10

PART II — Other Repeals

Wages, pensions etc., to be exempt from arrestment on the dependence of an action.

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Editorial notes

[^c667282]: Words of enactment omitted by Statute Law Revision Act 1948 c. 62, s. 3

[^c667283]: The text of ss. 1–3, 11(1)(3) was taken from S.I.F. Group 45:2 (Enforcement: Scotland), ss. 5, 11, Sch. from S.I.F. Group 116:2 (Succession: Confirmation, Scotland), ss. 6, 11 from S.I.F. Group 128 (Trusts and Liferents, Scotland), ss. 8, 11, Sch. from S.I.F. Group 49:3 (Family Law: Matrimonial Proceedings) and ss. 10, 11(1)(3) from S.I.F. Group 115:2 (Statutes and Statutory Instruments: Statutory Instruments); provisions omitted from S.I.F. have been dealt with as referred to in other commentary.

[^c667284]: Ss. 2, 3 repealed by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108, Sch. 7 paras. 5, 9(1), Sch. 8

[^c667285]: S. 4 repealed by Children Act 1975 (c. 72), s. 108(1)(b, Sch. 4 Pt. IV

[^c667286]: 1964 c. 41.

[^c667287]: 1961 c. 57.

[^c667288]: S. 7 repealed by Civil Evidence (Scotland) Act 1988 (c. 32), s. 10(1), Sch.

[^c667306]: S. 8 extended by Domicile and Matrimonial Proceedings Act 1973 (c. 45), s. 10(2)

[^c667307]: 1938 c. 50.

[^c667308]: 1964 c. 41.

[^c667309]: Words added by Divorce (Scotland) Act 1976 (c. 39, SIF 49:3), s. 12(1), Sch. 1 para. 3

[^c667310]: Words added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(2)(3), Sch. 1 para. 7

[^c667311]: Words added by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 5

[^c667312]: S. 8(1)(cc) inserted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 14(a); S.I. 1996/2203, art. 3(3), Sch.

[^c667313]: 1861 c. 86.

[^c667314]: 1958 c. 40.

[^c667315]: Words inserted by Guardianship Act 1973 (c. 29), Sch. 5 para. 6

[^c667316]: 1973 c. 29.

[^c667317]: Words repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(2), 69, Sch. 2

[^c667318]: 1937 c. 43.

[^c667319]: 1933 c. 41.

[^c667320]: S. 8(5) repealed by Divorce (Scotland) Act 1976 (c. 39, SIF 49:3), Sch. 2

[^c667321]: Words inserted by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(6), Sch. 1 para. 8(a)