Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

Juries

Qualification of jurors

1

• (1) Subject ... to section 1A, every person who—

• (a) is for the time being registered as a parliamentary or local government elector;

• (b) is not less than 18 years of age;

• (c) 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

• (d) 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,

shall be qualified and liable to serve as a juror in any Scottish court . . . .

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) 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.

• (5) 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.

• (5A) 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.

• (6) Without prejudice to—

• (a) the preceding provisions of this section;

• (aa) section 1A;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 85(8) or 88(7) of the Criminal Procedure (Scotland) Act 1995,

the court before which a person is cited to attend for jury service may excuse that person from that jury service.

Fining of jurors for non-attendance

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• (1) 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.

• (2) A fine imposed under subsection (1) above may, on application, be remitted—

• (a) by a Lord Ordinary where imposed in the Court of Session;

• (aa) by the sheriff where imposed in the sheriff court;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and no court fees or expenses shall be exigible in respect of any such application.

• (3) In section 99 of the Criminal Procedure (Scotland) Act 1975—

• (a) in subsection (1)—

• (i) 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. ”;

• (ii) after the word “fined” there shall be inserted the words “ up to £200 ”; and

• (iii) after the words “fail to attend” there shall be inserted the words “ in compliance with the citation ”; and

• (b) for subsection (2) there shall be substituted the following subsection—

(2) A fine imposed under subsection (1)above may, on application, be remitted— (a) by a Lord Commissioner of Justiciary where imposed in the High Court; (b) by the sheriff where imposed in the sheriff court; and no court fees or expenses shall be exigible in respect of any such application.

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Offences in connection with jury service

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• (1) Subject to subsection (2) below, a person who—

• (a) 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;

• (b) 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

• (c) 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.

• (2) 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.

Trusts, factors and succession

Prior rights in estate of deceased person

4

In the Succession (Scotland) Act 1964—

• (a) 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

• (b) after section 9 there shall be inserted the following section—

(9A) —Any order of the Secretary of State, under section 8 or 9 of this Act, fixing an amount or rate— (a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and (b) shall have effect in relation to the estate of any person dying after the coming into force of the order.

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Finding of caution by intestate's spouse

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In section 2 of the Confirmation of Executors (Scotland) Act 1823 (court to regulate caution to be found), for the words “executors-nominate; and in” there shall be substituted in words—

(a) an executor-nominate; or (b) an intestate’s spouse who shall be executor-dative and has right, by virtue of sections 8 and 9(2) of the Succession (Scotland) Act 1964, to the whole estate. In

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Procedure whereby heir of provision may establish entitlement to act as trustee

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Amendment of Judicial Factors Act 1849

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In the Judicial Factors Act 1849—

• (a) section 5 (factor to lodge monies in one of the banks of Scotland) shall be amended as follows—

• (i) for the words “fifty pounds” in both places where they occur there shall be substituted the words “ five hundred pounds ”; and

• (ii) 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—

(2) The Secretary of State may by order made by regulations amend subsection (1) above by substituting for any sum for the time being specified in that subsection such other sum as appears to him to be justified by a change in the value of money. (3) The power to make regulations under subsection (2) above shall be exercisable by statutory instrument; and no such regulations shall be made unless a draft of them has been approved by resolution of each House of Parliament.

; and

• (b) 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 ”.

Amendment of section 2 of Trusts (Scotland) Act 1961

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In section 2 of the Trusts (Scotland) Act 1961 (validity of certain transactions by trustees), for subsection (2) there are substituted the following subsections—

(2) Nothing in subsection (1) of this section shall affect any question of liability between any of the trustees on the one hand and any co-trustee or any of the beneficiaries on the other hand. (3) Without prejudice to the operation of subsection (1) of this section, where in relation to the trust estate or any part thereof a judicial factor thinks it expedient to do any of the acts mentioned in that subsection but the act in question might be at variance with the terms or purposes of the trust, he may, subject to the following provisions of this section, apply to the Accountant of Court for his consent to the doing of the act. (4) Where an application is made under subsection (3) of this section to the Accountant of Court for his consent to the doing of an act to which that subsection applies, he may grant the application subject to such conditions (including conditions as to price) as he thinks fit if— (a) he considers that the doing of the act is in the best interests of the owner of the trust estate to which the judicial factor’s appointment relates or of any person to whom the owner owes a duty of support; and (b) he is satisfied— (i) that the judicial factor is not expressly prohibited by the terms of his appointment from doing that act; and (ii) that there has been compliance with the provisions of subsection (5) of this section and of any rules made thereunder; and (c) no objection is made to the doing of the act under subsection (5) of this section. (5) Ajudicial factor proposing to make an application under subsection (3) of this section to the Accountant of Court shall notify such persons or such class or classes of persons as may be specified in rules of court in such manner as may be so specified of the proposed application, the act to which it relates, and of their right to object to him doing that act within such time and in such amnner as the rules may specify; and the rules may make different provision in respect of different classes of judicial factors, and may make provision exempting a judicial factor or a class of judicial factors from giving notifiaction under this subsection in such circumstances as the rules may specify. (6) Where a judicial factor does any act in accordance with the consent of the Accountant of Court granted under subsection (4) of this section and in compliance with the provisions of this section and of any rules made thereunder, it shall be treated as being not at variance with the terms or purposes of the trust.

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Removal of obligation to preserve inventories

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In section 12 of the Customs, Inland Revenue, and Savings Banks Act 1877 (transmission and custody of inventories in Scotland)—

• (a) for the words “Controller of Legacy and Succession Duties, at his office in” there shall be substituted the words “ Registrar, Capital Taxes Office at ”;

• (b) the words from “instead” to “same at his office in Edinburgh” shall cease to have effect; and

• (c) for the words “Controller of Legacy and Succession Duties in” there shall be substituted the words “ Registrar, Capital Taxes Office at ”.

Sheriff Court

Performance of duties of sheriff principal

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In the Sheriff Courts (Scotland) Act 1971—

• (a) 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—

(1) Where a vacancy occurs in the office of sheriff principal of any sheriffdom the Secretary of Sate may, if it appears to him expedient so to do in order to avoid delay in the administrationof justice in that sheriffdom, authorise the sheriff principal of any other sheriffdom to perform the duties of sheriff princiapl in the first-mentioned sheriffdom (in addition to his own duties) until the Secretary of State otherwise decides. (1A) Where the sheriff principal of any sheriffdom is unable to perform, or rules that he is precluded from performing, all of, or some part of, his duties as sheriff principal the Secretary of State may authorise the sheriff principal of any other sheriffdom to perform the duties of sheriff principal, or as the case amy be that part of those duties, in the first-mentioned sheriffdom (in addition to his own duties) until the Secretary of State otherwise decides.

; and

• (b) for subsection (1) of section 11 (Secretary of State may appoint temporary sheriff principal) there shall be substituted the following subsections—

(1) Where a vacancy occurs in the office of sheriff principal of any sheriffdom the Secretary of State may, if it appears to him expedient so to do in order to avoid delay in the administration of justice in that sheriffdom, appoint a person to act as sheriff principal of the sheriffdom. (1A) Where the sheriff principal of any sheriffdom is unable to perform, or rules that he is precluded from performing, all of, or some part of, his duties as sheriff principal the Secretary of State may appoint a person to act as sheriff principal of the sheriffdom, or as the case may be to perform that part of the duties of the sheriff principal. (1B) A person appointed under subsection (1) or (1A) above shall be known as a temporary sheriff principal.

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No jury trial in civil actions in sheriff court

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• (1) It shall not be competent to appoint a civil action to be tried before a jury in the sheriff court;. . .

• (1A) Subsection (1) is subject to section 63 (civil jury trials in all-Scotland sheriff courts) of the Courts Reform (Scotland) Act 2014.

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

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.

Jurisdiction of sheriff court in sequestration proceedings

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Jurisdiction of sheriff court in proceedings relating to trusts

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In the Trusts (Scotland) Act 1921—

• (a) in section 22 (appointment of new trustees by the court)—

• (i) for the word “court” where it first occurs there shall be substituted the words “ Court of Session or an appropriate sheriff court ”; and

• (ii) after the word “court” where it occurs for the second time there shall be inserted the words “ to which application is made ”;

• (b) 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. ”;

• (c) in section 24 (completion of title by the beneficiary of a lapsed trust)—

• (i) for the word “court” where it first occurs there shall be substituted the words “ Court of Session or an appropriate sheriff court ”; and

• (ii) after the word “court” where it occurs for the second time there shall be inserted the words “ to which application is made ”; and

• (d) the following section shall be inserted after section 24—

(24A) In sections 22 to 24 of this Act the expression “appropriate sheriff court” means— (a) in the case of a trust other than a marriage contract— (i) where the truster, or any of the trusters, was at the date of the coming into operation of the trust domiciled in a sheriffdom, a sheriff court of that sheriffdom; or (ii) where sub-paragraph (i) of this paragraph does not apply, or where the applicant does not possess sufficient information to enable him to determine which sheriff court, if any, would by virtue of that sub-paragraph be an appropriate sheriff court, the sheriff court at Edinburgh; (b) in the case of a marriage contract— (i) where either spouse is, or was when he died, domiciled in a sheriffdom, a sheriff court of that sheriffdom; or (ii) where sub-paragraph (i) of this paragraph does not apply, or where the applicant does not possess sufficient information to enable him to determine which sheriff court, if any, would by virtue of that sub-paragraph be an appropriate sheriff court at Edinburgh.

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Power of sheriff to appoint judicial factor

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• (1) In the Judicial Factors (Scotland) Act 1880—

• (a) in section 3 (interpretation), for the words “mean factor loco tutoris and curator bonis” there shall be substituted the words “ include acurator bonis, a factorloco 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 ”;

• (b) in section 4 (sheriff’s appointment of judicial factor)—

• (i) 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 ”;

• (ii) for paragraph 1 there shall be substituted the following paragraphs—

(1) Proceedings for appointment of judicial factors in the sheriff court shall commence by petition to be presented in an appropriate sheriff court as nearly as may be in the form in use in ordinary actions in that court: (1A) In paragraph 1 above, the expression “appropriate sheriff court”— (a) in the case of a petition for the appointment of a judicial factor on a trust estate, shall have the same meaning as in sections 22 to 24 of the Trusts (Scotland) Act 1921; and (b) in any other case shall mean— (i) where the petition is for the appointment of a judicial factor (other than a factorloco absentis to an individual, a sheriff court of the sheriffdom in which the individual is resident; (ii) where the petition is for the appointment of a factorloco absentis to an individual, a sheriff court of the sheriffdom in which the individual was last known to the petitioner to be resident; or (iii) where the petition is not as mentioned in either of the foregoing provisions of this subparagraph, the sheriff court at Edinburgh;

; and

• (iii) paragraphs 2 and 3 shall cease to have effect.

• (2) 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.

Jurisdiction of sheriff court in suspension of charges

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Remit from sheriff court to Court of Session

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. . ., in section 37 of the Sheriff Courts (Scotland) Act 1971 (remits)—

• (a) in subsection (1)—

• (i) after the word “sheriff”, where it occurs for the second time, there shall be inserted “ —(a) ”; and