Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

• (b) 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 ”;

• (c) in paragraph 4(2) after the word “employee” there shall be inserted the words “ or the incorporated practice in question or its employee ”.

• (d) in paragraph 5(2) after the word “solicitor” there shall be inserted the words “ or incorporated practice ”.

35

In Schedule 4 (constitution, procedure and powers of Tribunal)—

• (a) in paragraph 9—

• (i) 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

• (ii) after the word “him” there shall be inserted the words “ or, as the case may be, it ”;

• (iii) 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 ”;

• (b) in paragraph 10 (duty of Discipline Tribunal to give respondent solicitor notice of complaint)—

• (i) after the word “solicitor” there shall be inserted the words “ or incorporated practice ”;

• (ii) 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 ”.

• (c) in paragraph 16—

• (i) in each of paragraphs (c) and (d) after the word “solicitor” there shall be inserted the words “ or an incorporated practice ”;

• (ii) after paragraph (d) there shall be added—

or (e) order that the recognition under section 34(1A) of an incorporated practice be revoked

;

• (iii) for “(d)” where secondly occurring, there shall be substituted “ (e) ”;

• (iv) 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 ”;

• (v) 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 ”.

Building Societies Act 1962 (c. 37)

36

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) ”.

Legal Aid (Scotland) Act 1967 (c. 43)

37

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— (iv) in the case of a director of an incorporated practice, such conduct on the part of any person who is for the time being a director of the incorporated practice.

.

Income and Corporation Taxes Act 1970 (c. 10)

38

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

Legal Advice and Assistance Act 1972 (c. 50)

39

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 ”.

Estate Agents Act 1979 (c. 38)

40

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 ”.

Finance Act 1980 (c. 48)

41

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.

Part II — Amendments of Legal Aid and Solicitors (Scotland) Act 1949 and Solicitors (Scotland) Act 1980

Legal Aid and Solicitors (Scotland) Act 1949 (c.63)

1

Section 25 (provisions as to taking apprentices) is hereby repealed.

Solicitors (Scotland) Act 1980 (c.46)

2

In section 6 (admission as solicitor)—

• (a) in subsection (1)(b) the words " by affidavit or otherwise " are hereby repealed.

• (b) after subsection (3) there shall be inserted the following subsections—

(3A) he Council may petition the court for the admission as a solicitor of an applicant who has complied with the requirements of subsection (1) above ; and, where it does so it shall lodge the petition not later than one month after the applicant has first so complied. (3B) The Court shall, on a petition being made to it under subsection (3A) above, make an order admitting the applicant as a solicitor.

.

3

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.

4

In section 35(1) (power to make accounts rules)-—

• (a) the word " and " immediately preceding paragraph (d) shall be omitted;

• (b) after that paragraph there shall be added the following—

; and (e) as to the recovery from solicitors of fees and other costs incurred by the Council in ascertaining whether or not a solicitor who has failed to comply with the accounts rules has remedied that failure and is complying with the rules.

.

5

Section 48 (restriction on number of apprentices) is hereby repealed.

6

After section 62 there shall be inserted the following section—

(62A) (1) Without prejudice to the Society's entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor or incorporated practice in respect of whom it has taken action under section 38, 45, or 46, any expenditure reasonably incurred by it in so doing. (2) Expenditure incurred in taking action under section 38 is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and— (a) no application has been made in consequence under paragraph 5(4) of that Schedule ; or (b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.

.

7

In Schedule 1 (constitution etc. of the Law Society of Scotland)—

• (a) for paragraph 6 (subscriptions) there shall be substituted the following paragraphs—

(6) Subject to paragraph 7, every member of the Society shall, for each year, pay to the Society such subscription as may be fixed from time to time by the Society in general meeting. (6A) The subscription payable under paragraph 6 by a practising member (or the proportion of it so payable, calculated by reference to the number of months remaining in the practice year) shall be paid at the time of submission of his application for a practising certificate.

;

• (b) in paragraph 7 (subscription in first three years of enrolment)—

• (i) the word " annual", in both places where it occurs, is hereby repealed;

• (ii) after the word " year " there shall be inserted the words " or part thereof "; and

• (iii) 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

• (c) after the said paragraph 7 there shall be inserted the following paragraphs—

(7A) The Society shall have power, subject to paragraphs 7B to 7D, to impose in respect of any year a special subscription on all members of the Society of such amount and payable at such time and for such specified purpose as it may determine. (7B) The Society may determine that an imposition under paragraph 7 A shall not be payable by any category of member or shall be abated as respects any category of member. (7C) An imposition under paragraph 7A or a determination under that paragraph or paragraph 7B may be made only in general meeting. (7D) No imposition may be made under paragraph 7A above unless a majority of those members entitled to attend and vote at the general meeting at which it is proposed has, whether by proxy or otherwise, voted in favour of its being made.

.

8

In Schedule 3 (the Scottish Solicitors Guarantee Fund)—

• (a) in paragraph 1(1) (annual contributions to Guarantee Fund) the words " not exceeding the sum of £25 " are hereby repealed.

• (b) 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

• (c) paragraph 1(7) (limit to special contributions to Guarantee Fund) is hereby repealed.

SCHEDULE 2

The Jurors (Scotland) Act 1825 (c.22)

1

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 ”.

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

2

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 ”.

Lyon King of Arms Act 1867 (c.17)

3

In section 10 the words from “Provided also” to the end of the section shall cease to have effect.

Titles to Land Consolidation (Scotland) Act 1868 (c. 101)

4

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 ”.

5

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]. ”.

Conveyancing (Scotland) Act 1924 (c.27)

6

In section 44 (limitation of effect of entries in Register of Inhibitions)—

• (a) in subsection (2)(a)—

• (i) after the words “unless and until” there shall be inserted

— (i)

; and

• (ii) at the end there shall be inserted—

; or (ii) a notice of an application under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 has been registered in the said register.

.

• (b) 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 ”.

7

Section 46 shall be renumbered as subsection (1) thereof and after that subsection there shall be inserted the following subsection—

(2) This section shall apply to the rectification of a document by an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as it applies to the reduction of a deed but with the substitution of any reference to the decree of reduction of the deed with a reference to the order rectifying the document.

.

Administration of Justice (Scotland) Act 1933 (c.41)

8

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

The Social Work (Scotland) Act 1968 (c.49)

9

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 ”.

10

In section 58B(3) for the word “child’s” there shall be substituted the word “ children’s ”.

The Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)

11

In section 41 (restriction on effect of reduction of certain discharges of securities) at the end there shall be inserted the following subsection—

(5) This section shall apply to an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 rectifying a discharge as it applies to a decree of reduction of a discharge.

Sheriff Courts (Scotland) Act 1971 (c.58)

12

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

13

In section 33(4) (appointment of secretary of Sheriff Court Rules Council) the words “whole-time sheriff clerk as” shall cease to have effect.

14

In section 35 (summary causes) after subsection (1) there shall be inserted the following subsection—

(1A) For the avoidance of doubt [it is hereby declared that nothing in subsection (1) above shall prevent the Court of Session from making different rules of procedure and practice in relation to different descriptions of summary cause proceedings.

.

Administration of Justice (Scotland) Act 1972 (c.59)

15

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) ”.

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

16

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

17

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

18

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

19

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

20

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

The Land Registration (Scotland) Act 1979 (c.33)

21

In section 9 (rectification of the register)—

• (a) at the end of subsection (3)(b) there shall be added the words—

or the rectification is consequential on the making of an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.

.

• (b) after subsection (3) there shall be inserted the following subsection—

(3A) Where a rectification of an entry in the register is consequential on the making of an order under section 8 of the said Act of 1985, the entry shall have effect as rectified as from the date when the entry was made: Provided that the court, for the purpose of protecting the interests of a person to whom section 9 of that Act applies, may order that the rectification shall have effect as from such later date as it may specify.

.

22

At the end of section 12(3) (exclusion of indemnity) there shall be added the following paragraph—

(p) the loss arises from a rectification of the register consequential on the making of an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.

.

The Criminal Justice (Scotland) Act 1980 (c.62)

23

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

Civil Jurisdiction and Judgments Act 1982 (c.27)

24

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 Cinematograph (Amendment) Act 1982 (c.33)

25

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.

The Transport Act 1982 (c.49)

26

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

27

In section 43 (which relates to the endorsement of licences)—

• (a) in subsection (2), for the words " the fixed penalty is paid " there shall be substituted the words " payment of the fixed penalty is tendered ";

• (b) after subsection (2) there shall be inserted the following subsections—

(2A) Where it appears to a clerk of court that there is an error in an endorsement made by virtue of this section on a licence he may amend the endorsement so as to correct the error; and the amended endorsement shall have effect and shall be treated for all purposes as if it had been correctly made on acceptance of the fixed penalty. (2B) On amending an endorsement under subsection (2A) above, the clerk of court shall send notice of the amendment to the Secretary of State. (2C) Subject to subsection (2D) below, where a cheque tendered in payment is subsequently dishonoured— (a) any endorsement made by a clerk of court in terms of subsection (2) above shall remain effective, notwithstanding that the licence-holder is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and (b) the clerk of the court shall, upon the expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the procurator fiscal who made the offer that no payment has been made. (2D) When proceedings are brought against a licence-holder after notification has been made in terms of subsection (2C)(b) above the court— (a) shall order the removal of the fixed penalty endorsement from the licence, and (b) may, on finding the licence-holder guilty, make any competent order of endorsement or disqualification, and pass any competent sentence. (2E) The clerk of the court shall send to the Secretary of State notice of any order made by a court under subsection (2D)(a) above.

.

The Rent (Scotland) Act 1984 (c.58)

28

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, ”.

29

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 ”.

30

In Schedule 9 (savings and transitional provisions), at the end, there shall be inserted the following paragraph—

(7) The amendments to this Act made by Schedule 2 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 shall be deemed to have had effect from the commencement of this Act.

.

The Family Law (Scotland) Act 1985 (c. 37)

31

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 ”.

The Representation of the People Act 1985 (c.50)

32

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 ”.

SCHEDULE 3

Section 36

1

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

Section 38

2

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

Section 39

3

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

Section 40

4

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

SCHEDULE 4

Limitation on use of property held on long lease not to apply to property held on certain renewable leases.

Limitation of defamation and other actions.

Amendments of Matrimonial Homes (Family Protection) (Scotland) Act 1981.

Remit from Court of Session to sheriff.

Disclosure of names in certain proceedings.

Power to increase size of Children’s Panel Advisory Committees.

Withdrawal of privilege against self–incrimination in certain proceedings relating to intellectual property.

Requirement of children’s hearing for pre-adoptive supervision not to constitute making arrangements for adoption for purposes of Adoption (Scotland) Act 1978.

Child subject to supervision requirement to be regarded as in the care of the local authority for the purposes of his being freed for adoption under section 18 of the Adoption (Scotland) Act 1978.

Reporter’s power to arrange review by children’s hearing of supervision requirement.

Child subject to supervision requirement to be regarded as in the care of the local authority for the purposes of his being freed for adoption under section 18 of the Adoption (Scotland) Act 1978.

Penalties under food and drugs legislation.

Arrestment of National Savings Bank deposits.

Amendments to Mental Health 9Scotland) Act 1984 as respects hospital orders.

Amendment of definition of “alcoholic liquor”.

Clarification of investment powers of Scottish Hospital Trust and Scottish Hospital Endowments Research Trust.

Power of Commissioner for Local Administration to investigate Scottish Special Housing Association and new town development corporations.

Income and Corporation Taxes 1988

Legal Aid and Solicitors (Scotland) Act 1949 (c. 63)

1

Section 25 (provisions as to taking apprentices) is hereby repealed.

Solicitors (Scotland) Act 1980 (c. 46)

2

In section 6 (admission as solicitor)—

• (a) in subsection (1)(b) the words “by affidavit or otherwise” are hereby repealed.

• (b) after subsection (3) there shall be inserted the following subsections—

(3A) The Council may petition the court for the admission as a solicitor of an applicant who has complied with the requirements of subsection (1) above; and, where it does so it shall lodge the petition not later than one month after the applicant has first so complied. (3B) The Court shall, on a petition being made to it under subsection (3A) above, make an order admitting the applicant as a solicitor.

.

3

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.

4

In section 35(1) (power to make accounts rules)—

• (a) the word “and” immediately preceding paragraph (d) shall be omitted;

• (b) after that paragraph there shall be added the following—

; and (e) as to the recovery from solicitors of fees and other costs incurred by the Council in ascertaining whether or not a solicitor who has failed to comply with the accounts rules has remedied that failure and is complying with the rules.

.

5

Section 48 (restriction on number of apprentices) is hereby repealed.

6

After section 62 there shall be inserted the following section—

(62A) (1) Without prejudice to the Society’s entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor or incorporated practice in respect of whom it has taken action under section 38, 45 or 46, any expenditure reasonably incurred by it in so doing. (2) Expenditure incurred in taking action under section 38 is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and— (a) no application has been made in consequence under paragraph 5(4) of that Schedule; or (b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.

.

7

In Schedule 1 (constitution etc. of the Law Society of Scotland)—

• (a) for paragraph 6 (subscriptions) there shall be substituted the following paragraphs—

(6) Subject to paragraph 7, every member of the Society shall, for each year, pay to the Society such subscription as may be fixed from time to time by the Society in general meeting. (6A) The subscription payable under paragraph 6 by a practising member (or the propertion of it so payable, calculated by reference to the number of months remaining in the practice year) shall be paid at the time of submission of his application for a practising certificate.

;

• (b) in paragraph 7 (subscription in first three years of enrolment)—

• (i) the word “annual”, in both places where it occurs, is hereby repealed;

• (ii) after the word “year” there shall be inserted the words “ or part thereof ”; and

• (iii) 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

• (c) after the said paragraph 7 there shall be inserted the following paragraphs—

(7A) The Society shall have power, subject to paragraphs 7B to 7D, to impose in respect of any year a special subscription on all members of the Society of such amount and payable at such time and for such specified purpose as it may determine. (7B) The Society may determine that an imposition under paragraph 7A shall not be payable by any category of member or shall be abated as respects any category of member. (7C) An imposition under paragraph 7A or a determination under that paragraph or paragraph 7B may be made only in general meeting. (7D) No imposition may be made under paragraph 7A above unless a majority of those members entitled to attend and vote at the general meeting at which it is proposed has, whether by proxy or otherwise, voted in favour of its being made.

.

8

In Schedule 3 (the Scottish Solicitors Guarantee Fund)—

• (a) in paragraph 1(1) (annual contributions to Guarantee Fund) the words “not exceeding the sum of £25” are hereby repealed.

• (b) 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

• (c) paragraph 1(7) (limit to special contributions to Guarantee Fund) is hereby repealed.

Titles to Land Consolidation (Scotland) Act 1868 (c.101)

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

The Criminal Justice (Scotland) Act 1980 (c. 62)

Civil Jurisdiction and Judgements Act 1982 (c. 27)

The Cinematograph (Amendment) Act 1982 (c. 33)

The Representation of the People Act 1985 (c. 50)

Editorial notes

[^c1004311]: The text of ss. 8–11, 59(1), 60, Sch. 2 paras. 21, 22 was taken from S.I.F Group 30 (Contract); ss. 12, 14, 17–23, 33, 34, 47, 58–60, Sch. 2 paras. 1–15, Sch. 4 from S.I.F. Group 36:1 (Courts, Scotland: Court of Session); ss. 35–46, 49, 51–54, 59(1), 60, Sch. 2 paras. 16–20, 23–27, 32, Sch. 3 from S.I.F. Group 39:1 (Criminal Law: General); ss. 15, 60 from S.I.F. Group 47 (Evidence); ss. 13, 16, 24–29, 59(1), 60, Sch. 2 para. 31 from S.I.F. Group 49:6 (Family Law: Family Property, Scotland); ss. 48, 55, 58, 60 from S.I.F. Group 57 (Government Departments and Public Offices); 1–7, 30–32, 59(1), 60, Sch. 2 paras. 28–30 from S.I.F. Group 75:2 (Landlord and Tenant: General, Scotland); ss. 56, 60, Sch. 1 from S.I.F. Group 76:2 (Lawyers and Notaries: Scotland); ss. 57, 58, 60 from S.I.F. Group 89 (Parliament); ss. 50, 60 from S.I.F.Group 105 (Registration of Births, Deaths and Marriages).

[^c1004312]: Act partly in force at Royal Assent see s.60(3); Act wholly in force at 8.12.1986 see S.I. 1986/1945.

[^c1004313]: 1974 c. 38.

[^c1004314]: 1979 c. 33.

[^c1004315]: 1857 c. 26.

[^c1004316]: S. 4 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch.1 S. 4 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.

[^c1004317]: S. 5 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch.1 S. 5 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.

[^c1004318]: S. 6 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch.1 S. 6 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.

[^c1004321]: S. 7 excluded (3.2.1995) by 1994 c. 33, s. 106(3)(a); S.I. 1995/127, art. 2(1), Sch. 1 S. 7 excluded (1.8.2000) by 1999 c. 33, s. 149(3)(e); S.I. 2000/1985, art. 2, Sch.

[^c1004323]: 1955 c. 21.

[^c1004324]: S. 8 restricted (1.9.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 16, Sch. 3 paras. 3(2), 4(5); S.I. 1992/817, art. 3(2), Sch. 3

[^c1004325]: S. 8 restricted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 17(7); S.I. 1992/817, art. 3(2), Sch. 4

[^c1004327]: 1973 c. 52.

[^c1004328]: 1981 c. 59.

[^c1004329]: S. 15 extended by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 296(6)(b), 298(4)

[^c1004330]: S. 15 extended (with modifications) by S.I. 1987/1497

[^c1004331]: 1972 c. 59.

[^c1004332]: S. 15(5) extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2, Sch. 2 Pt. I para. 1(2)(h) S. 15(5) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art.2

[^c1004333]: Words inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 303(1), Sch. 7 para. 32

[^c1004334]: S. 16 repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(2), 69(5)(6)(7), Sch. 2

[^c1004337]: 1972 c. 59.

[^c1004340]: S. 21 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004344]: 1826 c. 8.

[^c1004345]: 1975 c. 21.

[^c1004346]: 1968 c. 49.

[^c1004347]: 1968 c. 49.

[^c1004348]: 1968 c. 49.

[^c1004354]: S. 30 repealed (5.1.1994) by 1993 c. 44, ss. 63(2), 64(2), Sch. 7 Pt. II (with 30(5), Sch. 6 para. 4).

[^c1004356]: S. 31 repealed (5.1.1994) by 1993 c. 44, s. 63(2), 64(2), Sch. 7 Pt. II (with s. 30(5), Sch. 6 para. 4)

[^c1004358]: S. 32 repealed by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), s. 88(2), Sch. 13 Pt.1 (with Sch. 12 paras. 1,3).

[^c1004359]: 1975 c. 20.

[^c1004360]: 1975 c. 20.

[^c1004362]: S. 35 repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

[^c1004364]: S. 36 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004366]: S. 37 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004367]: S. 38 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras. 1, 2

[^c1004368]: S. 39 repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2

[^c1004370]: S. 40 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004371]: 1956 c. 30.

[^c1004372]: Ss. 42, 44, 45 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

[^c1004373]: S. 43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004374]: Ss. 42, 44, 45 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

[^c1004375]: 1955 c. 18.

[^c1004376]: 1955 c. 19.

[^c1004377]: 1957 c. 53.

[^c1004378]: 1955 c. 18.

[^c1004379]: 1955 c. 19.

[^c1004380]: 1957 c. 53.

[^c1004381]: 1927 c. 35

[^c1004382]: 1949 c. 94.

[^c1004383]: 1947 c. 44.

[^c1004384]: 1965 c. 49.

[^c1004385]: 1984 c. 36.

[^c1004386]: 1976 c. 66.

[^c1656961]: S. 55 repealed (23.10.2002) by Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25, Sch. 6 para. 8; S.S.I. 2002/467, art. 2

[^c1004391]: 1936 c. 52.

[^c1004392]: Power of appointment conferred by s. 60(3)(b) fully exercised: S.I. 1985/2055, 1986/1945, 1988/1819

[^c1004393]: Power of appointment conferred by s. 60(3)(c) fully exercised by S.I. 1985/1908 (1.2.1986 appointed day for s. 50 under S.I. 1985/1908)

[^c1004394]: Sch. 1 Pt. I para. 4 repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 9

[^c1004396]: Sch. 1 Pt. I para. 5 repealed (17.3.1993) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), s. 74, Sch. 9; SI 1993/641, art. 3,Sch.

[^c1004397]: Sch. 1 Pt. I para. 38 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 30 para. 6(1), Sch. 31

[^c1004399]: Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 31

[^c1004398]: Heading substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 31

[^c1004400]: Sch. 2 para. 8 repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted as referred to in Sch. 2 Pt. II of that Act)

[^c1004401]: Sch. 2 para. 16 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004402]: Sch. 2 para. 17 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004403]: Sch. 2 para. 18 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004404]: Sch. 2 para. 19 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004405]: Sch. 2 para. 20 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004406]: Sch. 2 para. 23 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras 1, 3)

[^c1004407]: Sch. 3 para. 2 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras. 1, 2

[^c1004408]: Sch. 3 para. 1 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras. 1, 3)

[^c1004409]: Sch. 3 para. 2 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras. 1, 2

[^c1004410]: Sch. 3 para. 3 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras. 1, 3)

[^c1004411]: Sch. 3 para. 4 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5 (with Sch. 3 paras. 1, 3)

[^key-d41325e414825063ac45c04c19346656]: S. 15 applied (31.10.2003) by 1988 c. 48, ss. 296(7)(b), 296ZA(5)(b), 296ZD(6)(b) (as inserted by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 1, 24(1) (with regs. 31-40))

[^key-bf68f6ac6a831b794e9e2288af704ca7]: S. 15 applied (31.10.2003) by 1988 c. 48, s. 296ZG(6) (as inserted by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 1, 25 (with regs. 31-40))

[^key-253ecfd56305cea3d898a763a4d867ad]: Words in s. 7(1)(a)(b) repealed (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

[^key-37bbd32863735cc13eb633b9587fa853]: S. 7(1)(c) and preceding word inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(a)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

[^key-fa1828c159db51b939f60fad42ac3428]: Words in s. 7(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 7(b) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

[^key-420aab53dfcf0a66907bf550fd3ef966]: S. 51(2)(b) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

[^key-20ed55efb71f3c11b1e55ed4f90e2e15]: S. 54 repealed (1.1.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), s. 107(2), Sch. 3 para. 7; S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-c81c7cec058173a87043999f0639c3f0]: S. 11 ceases to have effect (12.4.2009) by virtue of Banking Act 2009 (c. 1), ss. 254(5), 263(2) (with s. 247)

[^key-24ed263de8f4af4041a3481913b9bcf4]: S. 53 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3

[^key-7b13ba0ed7c04cd0333265d9999128a5]: S. 27 repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

[^key-77a64e018a31693bda3e226e42d66d70]: S. 28 repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

[^key-d2ccf562624326d4907622a77ced9644]: S. 10(3)(4) inserted (1.10.2014 with application in accordance with reg. 1(3)) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 8

[^key-a21bddb695a6c7cd9c712891a08a138c]: S. 8A inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(3), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-a289315e09e05019b411f03531bbb5d0]: S. 8(3A) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(2)(b), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-e3da48fedf89f938fb0dae0820d28963]: S. 8(8A) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 30(b) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-868737dbb516ff4beeab4f98e08c64e6]: Words in s. 8(7) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 30(a) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-8e96d3a2115dd6c39ce089450a81a5f5]: Words in s. 8(3) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(2)(a), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-4e1dc9f5133bc84c50e1105153570a1b]: Words in s. 8(4) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(2)(c), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-b8b4201e38f090d909748918682d4cdc]: S. 9(2A) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(b), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-90dbdae827a108977940dc86cdb5e428]: Words in s. 9(2) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(a)(i), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-1803dbf887bfdad3a1b619d93a1a2768]: Words in s. 9(2) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(a)(ii), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-de2f8a671afa15d65441c90c9e148f08]: Words in s. 9(3)(a) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(c)(i), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-e89fd16d5f09f050ab0463b3f584e174]: Words in s. 9(3)(b) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(c)(ii), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-360c155c5b1a546d70ff7a113a0d70bf]: S. 9(6) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 55(4)(d), 122, 123 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

[^key-a607d2e1c8da8fddf8caf0d122409795]: S. 22 repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 36; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-7264def30b97bfcab72c2a5ca39d7b59]: S. 14 repealed (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 25; S.S.I. 2015/247, art. 2, Sch. (with art. 3(3))

[^key-cbdbfef170db41c6ea30a4a4537bc287]: Entry in Sch. 4 repealed (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 1 para. 1(e) (with art. 4(1))