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Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

Current text a fecha 2015-08-31

Juries

Qualification of jurors

1

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

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

2

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

(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.

.

Offences in connection with jury service

3

Trusts, factors and succession

Prior rights in estate of deceased person

4

In the Succession (Scotland) Act 1964—

(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.

.

Finding of caution by intestate's spouse

5

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

.

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

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Judicial Factors Act 1849

7

In the Judicial Factors Act 1849—

(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

Amendment of section 2 of Trusts (Scotland) Act 1961

8

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.

.

Removal of obligation to preserve inventories

9

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

Sheriff Court

Performance of duties of sheriff principal

10

In the Sheriff Courts (Scotland) Act 1971—

(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

(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.

.

No jury trial in civil actions in sheriff court

11

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

12

Jurisdiction of sheriff court in proceedings relating to trusts

13

In the Trusts (Scotland) Act 1921—

(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.

.

Power of sheriff to appoint judicial factor

14

(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

Jurisdiction of sheriff court in suspension of charges

15

Remit from sheriff court to Court of Session

16

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

; (b) may, subject to section 7 of the Sheriff Courts (Scotland) Act 1907, on the motion of any of the parties to the cause, if he is of the opinion that the importance or difficulty of the cause make it appropriate to do so, remit the cause to the Court of Session.

;

(2A) In the case of any action in the sheriff court in relation to the custody of adoption of a child the sheriff may, of his own accord, at any stage remit the action to the Court of Session.

;

(3) A decision— (a) to remit, or not to remit, under subsection (2A) above; or (b) to make, or not to make, a direction by virtue of paragraph (b) of, or the proviso to, subsection (2) above, shall not be subject to review; but from a decision to remit, or not to remit, under subsection (1)(b) above an appeal shall lie to the Court of Session.

.

Miscellaneous

Power of judges to act as arbiters

17

Interest on awards of compensation by Lands Tribunal for Scotland

18

A sum awarded as compensation by the Lands Tribunal for Scotland may, if the Tribunal so determine, carry interest as from the date of the award at the same rate as would apply, (in the absence of any such statement as is provided for in Rule 66 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965), in the case of a decree or extract in an action commenced on that date in the Court of Session if interest were included in or exigible under that decree or extract:

Vexatious litigants

19

After section 1 of the Vexatious Actions (Scotland) Act 1898, there shall be inserted the following section—

(1A) A decision of the Lord Ordinary to refuse leave, under section 1 of this Act, to institute legal proceedings shall be final.

.

Jurisdiction in actions for reduction

20

The Court of Session shall have jurisdiction to entertain an action for reduction of any decree granted by a Scottish court whether or not the Court would have jurisdiction to do apart from this section and whether the decree was granted before or after the coming into force of this section.

Liability for offences committed by clubs

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Marriage (Scotland) Act 1977

22

(23A) (1) Subject to sections 1 and 2 of, and without prejudice to section 24(1) of, this Act, where the particulars of any marriage at the ceremony in respect of which both parties were present are entered in a register of marriages by or at the behest of an appropriate registrar, the validity of that marriage shall not be questioned, in any legal proceedings whatsoever, on the ground of failure to comply with a requirement or restriction imposed by, under or by virtue of this Act. (2) In subsection (1) above, “appropriate registrar” means— (a) in the case of a civil marriage, an authorised reistrar; and (b) in any other case, a district registrar.

.

Amendment of Prescription and Limitation (Scotland) Act 1973

23

In the Prescription and Limitation (Scotland) Act 1973—

(19A) (1) Where a person would be entitled, but for any of the provisions of section 17 (as read with sections 18 and 19) of this Act, to bring an action, the court may, if it seems to it equitable to do so, allow him to bring the action notwithstanding that provision. (2) The provisions of subsection (1) above shall have effect not only as regards rights of action accruing after the commencement of this section but also as regards those, in respect of which a final judgment has not been pronounced, accruing before such commencement. (3) In subsection (2) above, the expression “final judgment” means an interlocutor of a court of first instance which, by itself, or taken along with previous interlocutors, disposes of the subject matter of a cause notwithstanding that judgment may not have been pronounced on every question raised of that the expenses found due may not have been modified, taxed or decerned for; but the expression does not include an interlocutor dismissing a cause by reason only of a provision mentioned in subsection (1) above.

;

Solicitors' Discipline Tribunal

24

In the Solicitors (Scotland) Act 1980—

(8) The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend paragraph (c) of subsection (2) by substituting for the amount for the time being specified in that paragraph such other amount as appears to him to be justified by a change in the value of money.

;

in the case— (a) of a lay member, may be re-appointed by the Lord President; and (b) of a solicitor member, may be so re-appointed on the recommendation of the Council

.

Solicitors' clients' accounts

25

(aa) to keep in— (i) a deposit or share account with a designated building society; or (ii) an account showing sums on loan to a local authority, being in either case an account kept by the solicitor in his own name for a specified client, money so received; or

; and

; nor shall any regard be had for such purposes to any— (a) deposit or share account with a designated building society; or (b) account showing sums on loan to a local authority, being in either case an account kept by the solicitor in his own name for a specified client.

; and

Contributions from persons receiving legal aid

26

General

Expenses

27

There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.

Amendments and repeals

28

Short title, extent and commencement

29

SCHEDULE 1

Part I — Persons Ineligible

GROUP A — The Judiciary

GROUP B — Others concerned with the administration of justice

GROUP C — The mentally disordered

(Expressions used in this Group are to be construed in accordance with the Mental Health (Scotland) Act 1960.)

Part II — Persons Disqualified

and who are not rehabilitated persons for the purposes of the Rehabilitation of Offenders Act 1974.

Part III — Persons Excusable as of Right

GROUP A — Parliament

GROUP B — European Assembly

Representatives to the Assembly of the European Communities.

GROUP C — The Forces

Full-time serving members of—

GROUP D — Medical and similar professions

The following, if actually practising their profession and registered (whether fully or otherwise), enrolled or certified under the enactments relating to that profession—

GROUP E — Ministers of religion etc.

GROUP F — Others

SCHEDULE 2

The Juries (Scotland) Act 1826 (c.8)

1

In section 4 (names of jurors may be passed over, in making returns of jurors for the purposes of civil trials, where they have died or are no longer qualified), for the words “become disqualified as a juror, whether from loss of property, absence, or other legal cause” there shall be substituted the words “ cease to be qualified to serve as a juror ”.

The Executors (Scotland) Act 1900 (c. 55)

2

In section 3 (persons who may be confirmed executors nominate), after the words “Supreme Court” there shall be inserted the words “ or the sheriff court ”.

The Juries Act 1949 (c.27)

3

For section 24(1) (payments in respect of jury service) there shall be substituted the following subsection—

(1) Subject to the provisions of this Part of this Act, a person who serves as a juror shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payment, at rates determined by the Secretary of State with the consent of the Minister for the Civil Service and subject to any prescribed conditions, by way of allowance— (a) for travelling and subsistence; and (b) for financial loss, where in consequence of his attendance for that purpose he has incurred any expenditure (other than on travelling and subsistence) to which he would not otherwise be subject or he has suffered any loss of earnings, or of benefit under the enactments relating to social security, which he would otherwise have made or received.

.

4

In section 25(2) (sums for payments to jurors), for the words “to (c)” there shall be substituted the words “ and (b) ”.

The Betting, Gaming and Lotteries Act 1963 (c.2)

5

In paragraph 2 (interpretation), of Schedule 1, in the definition of “appropriate authority”, for the word “court”, in both places where it occurs, there shall be substituted the word “ board ”.

The Criminal Procedure (Scotland) Act 1975 (c.21)

6

In section 91 (names of jurors may be passed over, in making returns of jurors for the purposes of criminal trials, where they have died or are no longer qualified), for the words “becomes disqualified as a juror, whether from loss of property, absence, or other legal cause” there shall be substituted the words “ ceases to be qualified to serve as a juror ”.

7

In section 130(5) (objection to juror on grounds of lack of qualification), for the words “1 of the Jurors (Scotland) Act 1825” there shall be substituted the words “ 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 ”.

The Lotteries and Amusements Act 1976 (c.32)

8

In paragraph 1 (interpretation), of Schedule 3—

(c) in relation to any premises in Scotland in respect of which a hotel licence or a public house licence is for the time being in force, the licensing board for the licensing area in which the premises are situated;

; and

“hotel licence”, “licensing area”, “licensing board” and “public house licence” have the same meanings as in the Licensing (Scotland) Act 1976;

.

The Licensing (Scotland) Act 1976 (c.66)

9

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10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

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SCHEDULE 3

Qualification of jurors.

1A

Offences in connection with jury service.

Finding of caution by intestate’s spouse.

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

Amendment of section 2 of Trusts (Scotland) Act 1961.

Performance of duties of sheriff principal.

Power of sheriff to appoint judicial factor.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of judges to act as arbiters.

Solicitors’ clients’ accounts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Solicitors’ clients’ accounts.

Expenses.

Group A

The Judiciary

Group B

Others concerned with the administration of justice

Group C

The mentally disordered

(Expressions used in this Group are to be construed in accordance with the Mental Health (Scotland) Act 1960.)

Group A

Parliament

Group AB

Scottish Parliament and Scottish Executive

Group B

European Parliament

Representatives to the European Parliament.

Group BA

National Assembly for Wales

Members of the National Assembly for Wales.

Group BB — Public Officials

The Auditor General for Scotland.

Group C

The Forces

Full-time serving members of—

Group D

Medical and similar professions

The following, if actually practising their profession and registered (whether fully or otherwise), enrolled or certified under the enactments relating to that profession—

Group DD

Members of certain religious bodies

Representatives to the European Parliament.

Group E

Ministers of religion etc.

Group F

Others

The Juries (Scotland) Act 1826 (c. 8)

The Juries Act 1949 (c. 27)

The Betting, Gaming and Lotteries Act 1963 (c. 2)

The Crminal Procedure (Scotland) Act 1975 (c. 21)

The Lotteries and Amusements Act 1976 (c. 32)

The Licensing (Scotland) Act 1976 (c. 66)

Editorial notes

[^c10856761]: Act partly in force at Royal Assent see s. 29(2); Act wholly in force at 22.12.1980.

[^c20843131]: Words in s. 1(1) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 95(2)(a), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c20843091]: Words in s. 1(1)(b) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 94(2)(a), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c20843051]: Words in s. 1(1) repealed (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 94(2)(b), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c20843111]: S. 1(1A) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 94(3), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c20843161]: Words in s. 1(2) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 95(2)(b), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c20843181]: Words in s. 1(3) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 95(2)(c), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c10856841]: 1825 c. 22.

[^c20843201]: Words in s. 1(5) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 95(2)(d), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c10856851]: S. 1(5A) inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 32(2)

[^c20843221]: S. 1(6)(aa) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 95(2)(e), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c10856861]: S. 1(6)(b) repealed by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I

[^c10856871]: S. 1(6)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 32(3)

[^c10856881]: S. 2(2)(b) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I Group 4

[^c10856891]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c20843301]: Words in s. 3(1)(a) inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 95(4), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c10856901]: Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

[^c20843281]: S. 1A inserted (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 95(3), 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c10856931]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10856941]: 1964 c. 41.

[^c10856951]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c20841281]: S. 6 repealed (3.12.2004) by The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Consequential Provisions) Order 2004 (S.S.I. 2004/535), art. 2, Sch. para. 3

[^c10856981]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10856991]: 1849 c. 51.

[^c10857001]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857011]: 1961 c. 57.

[^c10857021]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857031]: 1877 c. 13.

[^c10857041]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857051]: 1971 c. 58.

[^c10857061]: Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. Pt. I Gp. 3

[^c10857071]: Ss. 11(2), 28(2), Sch. 3 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 3

[^c10857081]: S. 12 repealed by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(2), Sch. 8

[^c10857091]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857101]: 1921 c. 58.

[^c10857111]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857121]: 1880 c. 4.

[^c10857131]: 1913 c. 20.

[^c10857161]: S. 15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1.

[^c10857191]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857201]: Words in s. 16 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1.

[^c10857211]: 1971 c. 58.

[^c22555921]: S. 17 repealed (7.6.2010 other than for the purposes of statutory arbitration) by Arbitration (Scotland) Act 2010 (asp 1), ss. 29, 35(2), Sch. 2 (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)

[^c10857241]: Words in s. 17(2)(b) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 66; S.I. 1998/3178, art. 3

[^c10857251]: 1894 c. 13.

[^c10857261]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857271]: S.I. 1965 No. 321.

[^c10857281]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857291]: 1898 c. 35.

[^c20842861]: S. 21 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150(2), Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3

[^c10857321]: 1977 c. 15.

[^c10857331]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857361]: The text of ss. 23, 25, 28 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857371]: 1973 c. 52.

[^c10857381]: S. 23(b)(c)(d) repealed by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(2), Sch. 2

[^c10857391]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857401]: 1980 c. 46.

[^c10857411]: The text of ss. 23, 25, 28 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857421]: S. 25(c) repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2)(3), Sch. 2

[^c10857431]: S. 26 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 4 para. 3(1), Sch. 5

[^c10857441]: The text of ss. 23, 25, 28 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10857451]: Ss. 11(2), 28(2), Sch. 3 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 3

[^c10857471]: 22.12.1980 appointed under s. 29(2) by S.I. 1980/1726

[^c10857481]: Words in s. 29(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1.

[^c20842921]: Sch. 1 Pt. 1 Group A para. (a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 34; S.I. 2009/1604, art. 2(d)

[^c10857741]: Sch. 1 Pt. I Group B paras. (na)(nb) inserted (23.7.1999 for specified purposes and otherwise 1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 41; S.I. 1997/1377, art. 4(2)(p); S.I. 1998/354, art. 2(ay)(bb)

[^c10857751]: Sch. 1 Pt.I Group B para. (oo) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 45; S.I. 1995/127, art. 2(1) Appendix B

[^c10857761]: Words in Sch. 1 Pt. I Group B para. (p) substituted (1.4.1996) by 1995 c. 40 ss.5, 7(2), Sch. 4 para. 45(a)

[^c10857771]: 1968 c. 49.

[^c10857781]: Sch. 1 Pt. I Group B para. (v) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I; S.I. 1993/2050, art. 3(4).

[^c10857791]: Sch. 1 Pt. I Group B para. (wa) inserted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1 para. 7; S.I. 1997/3004, art. 2, Sch.

[^c20841531]: Sch. 1 Pt. 1 Group B para. (wb) inserted (30.6.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Supplementary Provisions) Order 2006 (S.S.I. 2006/389), art. 5

[^c20841441]: Words in Sch. 1 Pt. 1 Group C substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 10(2)(a)

[^c20841461]: Words in Sch. 1 Pt. 1 Group C para. (a)(i) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 10(2)(b)

[^c20841491]: Sch. 1 Pt. 1 Group C para. (a)(ii) repealed (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 3, Sch. 2

[^c10857821]: Sch. 1 Pt. I Group C para. (b) substituted (1.4.2002) for paras. (b)(c) by 2000 asp 4, s. 88(2), Sch. 5 para. 16; S.I. 2001/81, art. 3, Sch. 2

[^c10857881]: Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 124, Sch. 8 para. 16, Sch. 9 para. 4

[^c10857891]: 1974 c. 53.

[^c20841231]: Sch. 1 Pt. 2 para. (bb) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 78(1), 89(2) (with s. 78(2)(3)): S.S.I. 2003/288, art. 2, Sch.

[^c20843341]: Sch. 1 Pt. 2 para. (bb)(i) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 33(a); S.S.I. 2010/413, art. 2(1), Sch.

[^c20843371]: Sch. 1 Pt. 2 para. (bb)(iii) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 33(b); S.S.I. 2010/413, art. 2(1), Sch.

[^c20841321]: Sch. 1 Pt. 2 para. (bb)(v)(va) substituted for para. (bb)(v) (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 31; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(15) (with Sch. 2 (as explained by S.I. 2005/2122 and amended by S.I. 2007/391, 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2 , S.I. 2009/616, and S.I. 2009/3111))

[^c10857901]: Sch. 1 Pt. 2 para. (c) inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2), Sch. 4 para. 32(4)(b)

[^c10857921]: Sch. 1 Pt. III Group AB inserted (6.5.1999) by 1998 c. 46, s. 85(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

[^c10857911]: Sch. 1 Pt. III Group AB inserted (6.5.1999) by 1998 c. 46, s. 85(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

[^c10857931]: Reference substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

[^c10857961]: Sch. 1 Pt. III Group BA inserted (1.4.1999) by 1998 c. 38, ss. 125, 152 Sch. 12 para. 20 (with s. 143(2)); S.I. 1999/782, art. 2

[^c10857951]: Sch. 1 Pt. III Group BA inserted (1.4.1999) by 1998 c. 38, ss. 125, 152, Sch. 12 para. 20 (with s. 143(2)); S.I. 1999/782, art. 2

[^c10857981]: Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 9

[^c10857971]: Sch. 1 Pt. III Group BB inserted (6.5.1999) by S.I. 1999/1042, art. 3 Sch. 1 Pt. I para. 9

[^c10858021]: Sch. 1 Pt. III Group DD inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2), Sch. 4 para. 32(4)(c)

[^c10858001]: Sch. 1 Pt. III Group DD inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2) Sch. 4 para. 32(4)(c)

[^c20843391]: Sch. 1 Pt. 3 Group F paras. (a)(aa) substituted for para. (a) (10.1.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 96, 206(1); S.S.I. 2010/413, art. 2(1), Sch.

[^c20842871]: Sch. 2 para. 9 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150(2), Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3

[^c20842881]: Sch. 2 para. 10 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150(2), Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3

[^c20842901]: Sch. 2 para. 11 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150(2), Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3

[^c10858031]: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c10858041]: Ss. 11(2), 28(2), Sch. 3 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 3

[^key-3038d3ababf78ddc69c6d4b0863650bb]: Sch. 1 Pt. I Group B para. (fa) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-5dc9478ed648eb485d56c15d86715a48]: Sch. 1 Pt. I Group B para. (i) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-938648bb8561d85f1791e8eeb97b1bfd]: Sch. 1 Pt. I Group B para. (n) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-e2a29aea53fd957cabad0cd963e56440]: Sch. 1 Pt. I Group B para. (wza) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 5(d); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-ea7b546935c10884c22e2cbb13ca696a]: Sch. 1 Pt. I Group B para. (nc) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 27; S.I. 2013/1682, art. 3(v)

[^key-3eacbb6440fba471df2d27d5e3ff9e7b]: Words in Sch. 1 Pt. I Group B para. (o) repealed (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), art. 1, Sch. para. 1(a)

[^key-276719e099177dbe6bb45a27e60524c3]: Sch. 1. Pt. 1 Group B para. (oa) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), art. 1, Sch. para. 1(b)

(Expressions used in this Group are to be construed in accordance with the Mental Health (Care and Treatment) (Scotland) Act 2003.)

Members of the National Assembly for Wales.

In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.

Amendment of Prescription and Limitation (Scotland) Act 1973.

Members of the National Assembly for Wales.

In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.

In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.

Representatives to the European Parliament.

Representatives to the European Parliament.

Members of the National Assembly for Wales.

In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.