Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Future services to injured person

69

• (1) For subsection (2) of section 8 of the Administration of Justice Act 1982 (services rendered to injured person) there shall be substituted the following subsections—

(2) The injured person shall be under an obligation to account to the relative for any damages recovered from the responsible person under subsection (1) above. (3) Where, at the date of an award of damages in favour of the injured person, it is likely that necessary services will, after that date, be rendered to him by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed that no payment shall be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents— (a) reasonable remuneration for those services; and (b) reasonable expenses which are likely to be incurred in connection therewith. (4) The relative shall have no direct right of action in delict against the responsible person in respect of any services or expenses referred to in this section.

• (2) Without prejudice to Parts II and III of the Prescription and Limitation (Scotland) Act 1973, this section shall apply to rights accruing both before and after the date appointed for its coming into force, but shall not affect any proceedings commenced before that date.

Blood and other samples in civil proceedings

Blood and other samples in civil proceedings

70

• (1) In any civil proceedings to which this section applies, the court may (whether or not on application made to it) request a party to the proceedings—

• (a) to provide a sample of blood or other body fluid or of body tissue for the purpose of laboratory analysis;

• (b) to consent to the taking of such a sample from a child in relation to whom the party has power to give such consent.

• (2) Where a party to whom a request under subsection (1) above has been made refuses or fails—

• (a) to provide or, as the case may be, to consent to the taking of, a sample as requested by the court, or

• (b) to take any step necessary for the provision or taking of such a sample,

the court may draw from the refusal or failure such adverse inference, if any, in relation to the subject matter of the proceedings as seems to it to be appropriate.

• (3) In section 6 of the Law Reform (Parent and Child) (Scotland) Act 1986 (determination of parentage by blood sample)—

• (a) in subsection (1), for the words “blood sample” there shall be substituted “ sample of blood or other body fluid or of body tissue ”; and

• (b) in each of subsections (2), (3) and (4), for the words “a blood” there shall be substituted “ such a ”.

• (4) This section applies to any civil proceedings brought in the Court of Session or the sheriff court—

• (a) on or after the date of the commencement of this section; or

• (b) before the said date in a case where the proof has not by that date begun.

Powers of attorney

Effect of mental incapacity on powers of attorney etc

71

Execution of documents by companies

Execution of documents by companies

72

Part V — General

Finance

73

• (1) There shall be paid out of money provided by Parliament—

• (a) the expenses of the Lord Advocate in carrying out his functions under Part I of this Act;

• (b) the remuneration and expenses of the Scottish legal services ombudsman appointed under section 34 of this Act and of any staff appointed for the ombudsman under Schedule 3 to this Act;

• (c) the remuneration of temporary judges appointed under section 35(3) of this Act;

• (d) any grant paid by the Secretary of State to the Scottish Conveyancing and Executry Services Board under section 16 of this Act; and

• (e) any increase attributable to the provisions of this Act in the sums payable under any other Act out of money provided by Parliament.

• (2) Sums repaid to the Secretary of State under section 16(3) of this Act shall be paid by him into the Consolidated Fund.

Amendments and repeals

74

• (1) The enactments mentioned in Schedule 8 to this Act shall have effect subject to the amendments specified in that Schedule.

• (2) The enactments mentioned in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Citation, commencement and extent

75

• (1) This Act may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

• (2) Subject to subsections (3) and (4) below, this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument and different days may be appointed for different provisions and for different purposes.

• (3) The provisions of—

• (a) Part III and section 66 of this Act and so much of section 74 as relates to those provisions; and

• (b) sections 67, 70 and 71 of this Act and paragraphs 21 and 34 of Schedule 8 to this Act,

shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (4) Paragraph 27(3) of Schedule 8 to this Act shall come into force on the day on which this Act is passed.

• (5) Subject to subsections (6) and (7) below, this Act extends to Scotland only.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Paragraph 17 of Schedule 1 to this Act, paragraph 11 of Schedule 3 to this Act and Schedule 9 to this Act so far as relating to the House of Commons Disqualification Act 1975 extend also to England and Wales and Northern Ireland.

SCHEDULE 1

Part I — Constitution, Duties, Powers and Status

Constitution

1

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2

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3

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4

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5

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6

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Remuneration

7

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Staff

8

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9

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Proceedings

10

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Performance of functions

11

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12

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Accounts

13

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Annual report

14

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Appeals

15

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Compensation

16

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Parliamentary disqualification

17

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Part II — Powers of Investigation

18

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19

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20

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SCHEDULE 2

1

Any professional or other body making an application under section 25 of this Act shall, for a period of six weeks beginning with the date on which the application is submitted to the Lord President and the Secretary of State—

• (a) make a copy of the draft scheme referred to in section 25(2) of this Act available for public inspection at a specified place; and

• (b) on a request from any person—

• (i) send him a copy of the draft scheme; or

• (ii) make a copy of the draft scheme available for public inspection at a suitable place in his locality.

2

Any person may make written representations concerning any draft scheme submitted under section 25 of this Act, and such representations shall—

• (a) be made to both the Lord President and the Secretary of State; and

• (b) be delivered to both the Lord President and the Secretary of State before the expiry of the period of six weeks beginning with the date on which the application is made.

3

At the same time as an application under section 25 is submitted to the Lord President and the Secretary of State, the body making the application shall place an advertisement mentioning the matters referred to in paragraph 4 below in the Edinburgh Gazette and in a daily newspaper circulating throughout Scotland.

4

An advertisement such as referred to in paragraph 3 above shall state that—

• (a) a copy of the draft scheme referred to in section 25(2) of this Act will be available for public inspection at a specified place for a period of six weeks beginning with the date on which the advertisement appears;

• (b) a copy of the draft scheme will be—

• (i) sent, free of charge, to any person on request; or

• (ii) made available for public inspection at a suitable place in that person’s locality;

• (c) any person may make written representations concerning the draft scheme to the Lord President and the Secretary of State; and

• (d) any such representations are to be delivered within the period of six weeks beginning with the date on which the application is made.

SCHEDULE 3

...

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2

The Secretary of State may give general directions to the ombudsman about the scope and discharge of his functions, and shall publish any such directions.

3

• (1) The Secretary of State may with the consent of the Treasury determine the terms and conditions of service, including remuneration, of the ombudsman.

• (2) Where a person appointed to the office of ombudsman ceases to hold that office otherwise than on the expiry of the term of office specified in his appointment, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, . . ., make a payment to that person of such amount as the Secretary of State may, with the consent of the Treasury, determine.

4

The Secretary of State may appoint staff for the ombudsman of such number, and on such terms and conditions of service, as he may . . . determine; and such terms and conditions may include provision as to remuneration, and as to compensation for loss of employment (which may take the form of pensions, allowances or gratuities).

5

Neither the ombudsman nor his staff are, in such capacity, Crown servants.

6

The Secretary of State shall pay the expenses of the ombudsman and of his staff.

7

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8

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9

The ombudsman shall make an annual report of the discharge of the functions conferred on him under this Act to the Secretary of State.

10

The Secretary of State shall lay any report made to him under paragraph 9 above before each House of Parliament.

11

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) there shall be inserted at the appropriate place in alphabetical order the entry “Scottish legal services ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”.

SCHEDULE 4

Appointments of sheriffs principal, sheriffs and solicitors as judges of the Court of Session

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2

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3

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Further provision as to Inner House and exchequer causes

4

• (1) The Court of Session Act 1988 shall be amended as follows.

• (2) In section 2 (composition of court)—

• (a) in subsection (3), for the words “the senior judge present shall preside and shall” there shall be substituted the words “ shall direct one of those judges to preside and to ”; and

• (b) for subsection (6) there shall be substituted the following subsection—

(6) Subject to subsection (7) below, where a vacancy arises in a Division of the Inner House the Lord President and the Lord Justice Clerk, with the consent of the Secretary of State and after such consultation with judges as appears to them to be appropriate in the particular circumstances, shall appoint a Lord Ordinary to fill that vacancy.

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• (3) In section 3 (exchequer causes), for the words “Court by Act of Sederunt” there shall be substituted the words “ Lord President ”.

Temporary judges

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6

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7

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8

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9

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10

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11

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Amendments to the Small Landholders (Scotland) Act 1911 (c. 49)

12

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SCHEDULE 5

...

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2

The holder of a public house licence or hotel licence in respect of any premises or the applicant for a new public house or hotel licence or for the renewal of such a licence may make an application for a children’s certificate in respect of those premises, and any such application shall be in such form as may be prescribed, shall be completed and signed by the applicant or his agent and shall be lodged with the clerk of the licensing board within whose area the premises are situated not later than five weeks before the first day of the meeting of the board at which the application is to be considered.

3

• (1) On any application for the grant of a children’s certificate in respect of only part of any premises, the licensing board may require a plan of the premises to which the application relates to be produced to it and lodged with the clerk.

• (2) A plan produced and lodged in accordance with this paragraph shall be such as will enable the board to ascertain to which part of the premises it is proposed the certificate should relate.

4

A copy of every application made under this Schedule shall be sent by the applicant to the chief constable, and if the chief constable desires to object to the grant of a children’s certificate he shall, not later than seven days before the meeting of the licensing board at which the application is to be considered—

• (a) lodge with the clerk of the board a written notice of his objection specifying the grounds of his objection to the grant of the certificate; and

• (b) intimate such objection and grounds to the applicant,

and the chief constable shall be entitled to appear at the meeting of the licensing board which considers the application and make objection to the grant of the certificate.

5

A licensing board shall not, within two years of its refusal of an application made under paragraph 2 above in respect of any premises, entertain another such application in respect of those premises unless it has made a direction to the contrary in respect of that refusal.

6

An application for a new public house licence or hotel licence or for the renewal of such a licence under section 10 of the principal Act shall state whether the applicant is making an application for a children’s certificate.

7

The grant of an application for a children’s certificate shall come into effect on the making of the grant or, in the case of such an application made with an application for a new public house or hotel licence, on the day on which such licence comes into effect.

8

The grant of an application for a children’s certificate made at the time of an application for the renewal of a licence shall come into effect on the renewal of the licence to which the application relates.

9

If an application for a children’s certificate is made at the same time as an application for the renewal of a licence, any existing grant of such an application for a children’s certificate shall continue to have effect until the first mentioned application is granted or, as the case may be, refused by the board.

10

The grant of an application for a children’s certificate shall cease to have effect when the licence to which it relates ceases to have effect.

SCHEDULE 6

1

• (1) A court shall not make a supervised attendance order in respect of any offender unless—

• (a) the court has been notified by the Secretary of State that arrangements exist for persons of a class which includes the offender who reside in the locality in which the offender resides, or will be residing when the order comes into force, to carry out the requirements of such an order;

• (b) the court is satisfied that provision can be made under the arrangements mentioned in paragraph (a) above for the offender to carry out such requirements.

• (2) Before making a supervised attendance order, the court shall explain to the offender in ordinary language—

• (a) the purpose and effect of the order and in particular the obligations on the offender as specified in paragraph 3 below;

• (b) the consequences which may follow under paragraph 4 below if he fails to comply with any of those requirements; and

• (c) that the court has, under paragraph 5 below, the power to review the order on the application either of the offender or of an officer of the local authority in whose area the offender for the time being resides.

• (3) The Secretary of State may by order direct that subsection (2) of section 6 of this Act shall be amended by substituting, for any number of hours specified in that subsection such other number of hours as may be specified in the order; and an order under this subsection may in making such amendment specify different such numbers of hours for different classes of case.

• (4) An order under paragraph (3) above shall be made by statutory instrument, but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

2

• (1) A supervised attendance order shall—

• (a) specify the locality in which the offender resides or will be residing when the order comes into force; and

• (b) require the local authority in whose area the locality specified under paragraph (a) above is situated to appoint or assign a supervising officer.

• (2) Where, whether on the same occasion or on separate occasions, an offender is made subject to more than one supervised attendance order, the court may direct that the requirements specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that at no time shall the offender have an outstanding number of hours during which he must carry out the requirements of these orders in excess of the largest number specified in section 62 of this Act.

• (3) Upon making a supervised attendance order the court shall—

• (a) give , or send by registered post or by the recorded delivery service, a copy of the order to the offender;

• (b) send a copy of the order to the director of social work of the local authority in whose area the offender resides or will be residing when the order comes into force; and

• (c) where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court.

• (4) Where a copy of a supervised attendance order has, under sub-paragraph (3)(a) above, been sent by registered post or by the recorded delivery service, an acknowledgement or certificate of delivery of a letter containing the copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

3

• (1) An offender in respect of whom a supervised attendance order is in force shall report to the supervising officer and notify him without delay of any change of address or in the times, if any, at which he usually works.

• (2) Subject to paragraph 5(1) below, instructions given under a supervised attendance order shall be carried out during the period of twelve months beginning with the date of the order; but, unless revoked, the order shall remain in force until the offender has carried out the instructions given under it for the number of hours specified in it.

• (3) The instructions given by the supervising officer under the order shall, so far as practicable, be such as to avoid any conflict with the offender’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.

4

• (1) If at any time while a supervised attendance order is in force in respect of any offender it appears to the appropriate court, on information from the supervising officer, that that offender has failed to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order), the court may issue a warrant for the arrest of that offender, or may, if it thinks fit, instead of issuing a warrant in the first instance issue a citation requiring the offender to appear before that court at such time as may be specified in the citation.

• (2) If it is proved to the satisfaction of the court before which an offender is brought or appears in pursuance of sub-paragraph (1) above that he has failed without reasonable excuse to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order), the court may—

• (a) revoke the order and impose such period of imprisonment not exceeding—

• (i) in the case of a sheriff court, three months; and

• (ii) in the case of a district court, 60 days,

as the court considers appropriate; or

• (b) subject to section 62 of this Act and paragraph 2(2) above, vary the number of hours specified in the order.

• (3) The evidence of one witness shall, for the purposes of sub-paragraph (2) above, be sufficient evidence.

5

• (1) Where a supervised attendance order is in force in respect of any offender and, on the application of that offender or of the supervising officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, that court may—

• (a) extend, in relation to the order, the period of twelve months specified in paragraph 3 above;

• (b) subject to section 62 of this Act and paragraph 2(2) above, vary the number of hours specified in the order;

• (c) revoke the order; or

• (d) revoke the order and impose such period of imprisonment not exceeding—

• (i) in the case of a sheriff court, three months; and

• (ii) in the case of a district court, 60 days,

as the court considers appropriate;

• (2) If the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the locality for the time being specified under paragraph 2(1)(a) above to another locality and—

• (a) that court has been notified by the Secretary of State that arrangements exist for persons who reside in that other locality to carry out instructions under supervised attendance orders; and

• (b) it appears to that court that provision can be made under those arrangements for him to carry out instructions under the order;

that court may, and on application of the supervising officer shall, amend the order by substituting that other locality for the locality for the time being specified in the order; and the provisions of section 62 of this Act and of this Schedule shall apply to the order as amended.

• (3) Where the court proposes to exercise its powers under sub-paragraph (1)(a), (b) or (d) above otherwise than on the application of the offender, it shall issue a citation requiring him to appear before the court and, if he fails to appear, may issue a warrant for his arrest.

6

• (1) The Secretary of State may make rules for regulating the carrying out of the requirements of supervised attendance orders.

• (2) Without prejudice to the generality of subsection (1) above, rules under this section may—

• (a) limit the number of hours during which the requirements of an order are to be met on any one day;

• (b) make provision as to the reckoning of time for the purposes of the carrying out of these requirements;

• (c) make provision for the payment of travelling and other expenses in connection with the carrying out of these requirements;

• (d) provide for records to be kept of what has been done by any person carrying out these requirements.

• (3) Rules under this paragraph shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

7

The Secretary of State shall lay before Parliament each year, or incorporate in annual reports he already makes, a report of the operation of section 62 of this Act and this Schedule.

8

In section 27 of the Social Work (Scotland) Act 1968 (supervision of persons put on probation, released from prison or subject to community service orders)—

• (a) in subsection (1)(b) there shall be inserted at the end the following

; and (iv) without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

;

• (b) for the words “probation and community service scheme”, wherever they occur, there shall be substituted the words “probation, community service and supervised attendance scheme”.

9

• (1) In this Schedule—

• “the appropriate court”, in relation to a supervised attendance order, means the court having jurisdiction in the locality for the time being specified in the order under paragraph 2(1)(a) above, being a sheriff or district court according to whether the order has been made by a sheriff or a district court, but in a case where the order has been made by a district court and there is no district court in that locality, the sheriff court;

• “local authority” and “supervising officer” have the same meanings respectively as in section 62 of this Act.

• (2) Except where the context otherwise requires, expressions used in this Schedule and in the Criminal Procedure (Scotland) Act 1975 have the same meanings in this Schedule as in that Act.

SCHEDULE 7

Model Law on International Commercial Arbitration

Chapter 1 — General Provisions

Article 1 — Scope of application

Article 2 — Definitions and rules of interpretation

For the purposes of this Law:

Article 3 — Receipt of written communications

Article 4 — Waiver of right to object

A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objections to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his right to object.

Article 5 — Extent of court intervention

In matters governed by this Law, no court shall intervene except where so provided in this Law.

Article 6 — Court for certain functions of arbitration assistance, supervision and enforcement

The functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3), 34(2), 35 and 36 shall be performed by:

Chapter II — Arbitration Agreement

Article 7 — Definition and form of arbitration agreement

Article 8 — Arbitration agreement and substantive claim before court

Article 9 — Arbitration agreement and interim measures by court

Chapter III — Composition of Arbitration Tribunal

Article 10 — Number of arbitrators

Article 11 — Appointment of arbitrators

Article 12 — Grounds for challenge

Article 13 — Challenge procedure

Article 14 — Failure or impossibility to act

Article 15 — Appointment of substitute arbitrator

Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

Chapter IV — Jurisdiction of Arbitral Tribunal

Article 16 — Competence of arbitral tribunal to rule on its jurisdiction

Article 17 — Power of arbitral tribunal to order interim measures

Chapter V — Conduct of Arbitral Proceedings

Article 18 — Equal treatment of parties

The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.

Article 19 — Determination of rules of procedure

Article 20 — Place of arbitration

Article 21 — Commencement of arbitral proceedings

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

Article 22 — Language

Article 23 — Statements of claim and defence

Article 24 — Hearings and written proceedings

Article 25 — Default of a party

Unless otherwise agreed by the parties, if, without showing sufficient cause,

Article 26 — Expert appointed by arbitral tribunal

Article 27 — Court assistance in taking evidence

The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the Court of Session or the sheriff court assistance in taking evidence and recovering documents. The court may execute the request within its competence and according to its rules on taking evidence and recovery of documents.

Chapter VI — Making of Award and Termination of Proceedings

Article 28 — Rules applicable to substance of dispute

Article 29 — Decision making by panel of arbitrators

In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorised by the parties or all members of the arbitral tribunal.

Article 30 — Settlement

Article 31 — Form and contents of award

Article 32 — Termination of proceedings

Article 33 — Correction and interpretation of award and making of additional award

Chapter VII — Recourse Against Award

Article 34 — Application for setting aside as exclusive recourse against arbitral award

Chapter VIII — Recognition and enforcement of awards

Article 35 — Recognition and enforcement

Article 36 — Grounds for refusing recognition or enforcement

SCHEDULE 8

Part I — Amendments to the Licensing (Scotland) Act 1976

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2

In subsection (2) of section 5 (restriction on power of licensing board to delegate functions) at the end there shall be added the following paragraph—

(l) making a decision on an application for the grant of a children’s certificate under section 49 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

3

In subsection (6) of that section after the words “(a) to (i)” there shall be added the words “ and (l) ”

4

In subsection (3) of section 6 (voting by chairman) the words from “Provided that” to the end of the subsection shall cease to have effect.

5

In section 16 (persons who may object to licence applications)—

• (a) in subsection (1), at the end there shall be added—

(e) the fire authority for the area in which the premises are situated; (f) a local authority for the area in which the premises are situated.

;

• (b) in subsection (3), after “made,” there shall be inserted the words “ or, in the case of the agent of an applicant, shall be his place of business, ”; and

• (c) in subsection (5), for the word “hear” there shall be substituted the words “ , whether or not the objector appears, consider ”.

6

In section 17 (grounds for refusal of an application), for paragraph (d) of subsection (1) there shall be substituted the following paragraph—

(d) that, having regard to— (i) the number of licensed premises in the locality at the time the application is considered; and (ii) the number of premises in respect of which the provisional grant of a new licence is in force, the board is satisfied that the grant of the application would result in the over provision of licensed premises in the locality,

.

7

In section 18 (giving of reasons for decisions of a licensing board)—

• (a) in subsection (1), after “shall” there shall be inserted the words “ , within 21 days of being required to do so under subsection (2) below, ” and the words “when required to do so under subsection (2) below” shall cease to have effect; and

• (b) in subsection (4), at the beginning there shall be inserted the words “ The period of 21 days referred to in subsection (1) above and ”.

8

In section 21 (issue of licences)—

• (a) in subsection (1), at the end there shall be added the words “ and shall do so within 28 days of the grant of the licence ”;

• (b) in subsection (2), for the words “when lawfully required” there shall be substituted the words “ on application ”; and

• (c) after subsection (2) there shall be added the following subsection—

(3) The period of 28 days referred to in subsection (1) above shall not include a day which is a Sunday, Christmas Day, New Year’s Day, Good Friday, a bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning.

9

In section 33 (occasional licence for premises other than licensed premises)—

• (a) in subsections (1) and (2) for the words “on such day” in each place where they occur there shall be substituted the words “ for such period of not more than 14 days ”;

• (b) in subsection (9) there shall be added at the end the words “ but the board shall not cause to be published the address of the applicant if the applicant provides the name and address of an agent through whom he may have intimated to him any objections. ”

10

In subsection (1) of section 34 of that Act (occasional permission to sell alcoholic liquor) for the words “on such day” there shall be substituted the words “ for such period of not more than 14 days ”.

11

• (1) Section 39 (appeals against the decisions of licensing boards) shall be amended as follows.

• (2) After subsection (2) there shall be inserted the following subsection—

(2A) A licensing board may be a party to any appeal under this section.

• (3) In subsection (5) for the words “grounded on paragraph (b) of subsection (4) above” there shall be substituted the words “ under this section ”.

12

In section 64—

• (a) in subsection (1), after the words “an entertainment licence” there shall be inserted the words “ , a refreshment licence ”; and

• (b) after subsection (8) there shall be inserted the following subsection—

(9) Where a licensing board has refused an application under subsection (1) above for the grant of an occasional or regular extension of permitted hours in respect of any premises, the board shall not, within one year of its refusal, entertain a subsequent application for such an extension in respect of the same premises unless the board, at the time of refusing the first-mentioned application, makes a direction to the contrary.

13

In each of subsections (1) and (2) of section 69 (prohibition on children being in certain licensed premises) at the beginning there shall be inserted the words “ Subject to section 49 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 ”.

14

In section 70 (children in premises in respect of which a refreshment licence is held) for the number “21” there shall be substituted the number “ 18 ”.

15

In section 97 (restrictions on supply of alcoholic liquor on off-sale premises)—

• (a) in subsection (1) for the words “supplies to any person, gratuitously or otherwise,” there shall be substituted the words “ sells to any person ”; and

• (b) in subsection (2) the words “or supply” shall be omitted.

16

In paragraph (j) of section 108 (grounds of objection to renewal of registration by club) after the word “is” there shall be inserted the words “ or, in the case of an application for the renewal of a certificate of registration, has been, at any time during the currency of the certificate of registration in respect of which the application for renewal is made, ”.

17

In subsection (1) of section 109 (cancellation of certificate of registration of club) after the word “being” there shall be inserted the words “ or has been, at any time during the currency of the certificate of registration, ”.

18

In section 139 (interpretation) after subsection (4) there shall be inserted the following subsections—

(5) Any requirement under this Act to cause to be published the address of— (a) an applicant in respect of any competent application made to a licensing board; (b) an employee or agent of an applicant who is not an individual natural person; or (c) a person who is to be the holder of a licence under Part III of this Act, may be satisfied by causing to be published the address of his agent and the clerk of a licensing board shall cause to be published the address of the agent rather than the address of any person mentioned in paragraphs (a) to (c) above if so requested by that person. (6) Any requirement in this Act to intimate anything to an applicant may be satisfied by so intimating to his agent.

Part II — Miscellaneous

The Probate and Legacy Duties Act 1808 (c. 149)

19

In section 38 of the Probate and Legacy Duties Act 1808 (executors to exhibit inventories of estate)—

• (a) for the words “oath or solemn affirmation” in both places where they occur there shall be substituted “ declaration ”; and

• (b) the words from “(which oath” to “administer)” shall cease to have effect.

The Confirmation of Executors (Scotland) Act 1823 (c. 98)

20

• (1) In section 3 of the Confirmation of Executors (Scotland) Act 1823 (which requires applications for confirmation to relate to the whole known moveable estate), for the word “oath” in both places where it occurs there shall be substituted “ declaration ”.

• (2) In section 4 of that Act (confirmation by executor’s creditor), for the word “oath” there shall be substituted “ declaration ”.

The Judicial Factors Act 1849 (c. 51)

21

• (1) In section 5 (factor to lodge monies in one of the banks of Scotland) of the Judicial Factors Act 1849—

• (a) in subsection (1), for the words “banks in Scotland established by Act of Parliament or royal charter” there shall be substituted the words—

following institutions, that is to say— (a) an institution authorised under the Banking Act 1987; (b) the National Savings Bank; or (c) a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986,

; and

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

• (2) In section 33 (power of accountant to require information) of that Act, for the word “bank”—

• (a) in the first place where it occurs, there shall be substituted the words “ institution such as is mentioned in paragraphs (a) to (c) of section 5(1) of this Act ”; and

• (b) in the second and third places where it occurs, there shall be inserted the word “ institution ”.

• (3) In section 34 (discharge of factors, tutors and curators) of that Act, at the beginning there shall be inserted the words “ Subject to section 34A of this Act, ”.

• (4) In section 37 (accumulation of principal and interest on accounts and deposits) of that Act—

• (a) for the words “bank in Scotland” there shall be substituted the words “ institution such as is mentioned in paragraphs (a) to (c) of section 5(1) of this Act ”; and

• (b) for the words “any bank” there shall be substituted the words “ any such institution ”.

The Confirmation of Executors (Scotland) Act 1858 (c. 56)

22

• (1) In section 2 of the Confirmation of Executors (Scotland) Act 1858 (petition for confirmation to be subscribed by petitioner or his agent), at the end there shall be added “ or by an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 ”.

• (2) In Schedules D and E to that Act (forms of confirmation), for the word “oath” there shall be substituted “ declaration ”.

The Promissory Oaths Act 1868 (c. 72)

23

In the second part of the Schedule to the Promissory Oaths Act 1868 (officers required to take oath of allegiance and judicial oath), after the words “Judges of the Court of Session in Scotland” there shall be inserted the words “ , temporary judges of the Court of Session and High Court of Justiciary appointed under section 35(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, ”.

The Intestates Widows and Children (Scotland) Act 1875 (c. 41)

24

• (1) In section 3 of the Intestates Widows and Children (Scotland) Act 1875 (commissary clerk to prepare inventory etc for widow or children where deceased’s estate small)—

• (a) for the word “oath” in the first place where it occurs there shall be substituted “ declaration ”; and

• (b) for the words “shall take the oath of the applicant thereto” there shall be substituted “ on the inventory and declaration being signed by the applicant ”.

• (2) In Schedule A to that Act (form of inventory etc)—

• (a) for the word “oath” in both places where it occurs there shall be substituted “ declaration ”;

• (b) for the words from “in presence of” to “depones” there shall be substituted “ [name and address of applicant] (hereinafter referred to “the applicant”) hereby declares ”;

• (c) for the words “deponent” wherever it occurs and “deponent’s” there shall be substituted respectively “ applicant ” and “ applicant’s ”; and

• (d) the words from “All which” to the end shall cease to have effect.

• (3) In Schedule B to that Act (form of confirmation)—

• (a) for the word “oath” in both places where it occurs there shall be substituted “ declaration ”; and

• (b) for the word “deponed” there shall be substituted “ declared ”.

The Small Testate Estates (Scotland) Act 1876 (c. 24)

25

• (1) In section 3 of the Small Testate Estates (Scotland) Act 1876 (simplified procedure for confirmation to small estates)—

• (a) for the word “oath” there shall be substituted “ declaration ”; and

• (b) for the words “being duly sworn to” there shall be substituted “ and declaration being duly signed ”.

• (2) In Schedule A to that Act (form of inventory etc)—

• (a) for the word “oath” in both places where it occurs there shall be substituted “ declaration ”;

• (b) for the words from “In presence of” to “depones” there shall be substituted “ [name and address of applicant] (hereinafter referred to “the applicant”) hereby declares ”;

• (c) for the word “deponent” wherever it occurs there shall be substituted “ applicant ”; and

• (d) the words from “All which” to the end shall cease to have effect.

• (3) In Schedule B to that Act (form of confirmation), for the word “oath” there shall be substituted “ declaration ”.

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

26

• (1) For subsection (1) of section 33 (Sheriff Court Rules Council) of the Sheriff Courts (Scotland) Act 1971 there shall be substituted the following subsection—

(1) There shall be established a body (to be known as the Sheriff Court Rules Council, and hereafter in this section and section 34 called “the Council”) which shall have the functions conferred on it by section 34, and which shall consist of— (a) two sheriffs principal, three sheriffs, one advocate, five solicitors and two whole-time sheriff clerks, all appointed by the Lord President of the Court of Session, after consultation with such persons as appear to him to be appropriate; (b) two persons appointed by the Lord President after consultation with the Secretary of State, being persons appearing to the Lord President to have— (i) a knowledge of the working procedures and practices of the civil courts; (ii) a knowledge of consumer affairs; and (iii) an awareness of the interests of litigants in the civil courts; and (c) one person appointed by the Secretary of State, being a person appearing to the Secretary of State to be qualified for such appointment.

• (2) In subsection (3) of that section, for the words “consultation with such persons as may appear to him appropriate” there shall be substituted the words “ such consultation as is mentioned in paragraph (a) or, as the case may be, (b) of subsection (1) above ”.

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

27

• (1) The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

• (2) After section 282 there shall be inserted the following sections—

(282A) Without prejudice to section 250 of this Act, any solicitor who has, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980 a right of audience in relation to the High Court of Justiciary shall have the same right of audience in that court as is enjoyed by an advocate. (282B) Any person who has complied with the terms of a scheme approved under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (consideration of applications made under section 25) shall have such rights of audience before the High Court of Justiciary as may be specified in an Act of Adjournal made under subsection (7)(b) of that section.

.

• (3) In subsection (1)(b) of section 407 (imprisonment for non-payment of fine), at the end there shall be inserted “ either with immediate effect or to take effect in the event of the person failing to pay the fine or any part or instalment of it by such further time as the court may order ”.

The Community Service by Offenders (Scotland) Act 1978 (c. 49)

28

In section 4 of the Community Service by Offenders (Scotland) Act 1978 (which, amongst other things, gives the court powers to deal with failure to comply with community service orders) there shall be added at the end the following subsection—

(3) The evidence of one witness shall, for the purposes of subsection (2) above, be sufficient evidence.

.

The Solicitors (Scotland) Act 1980 (c. 46)

29

• (1) The Solicitors (Scotland) Act 1980 shall be amended as follows.

• (2) In section 9 (removal of name from roll on request)—

• (a) after the words “his name” there shall be inserted the words “ , or any annotation made against his name under section 25A(3), ”; and

• (b) after the words “that solicitor” there shall be inserted the words “ or, as the case may be, the annotation against his name, ”.

• (3) In section 10 (restoration of name to roll on request), in subsection (1A)—

• (a) after the words “whose name” there shall be inserted the words “ , or any annotation against whose name, ”; and

• (b) after the words “that solicitor” there shall be inserted the words “ or, as the case may be, the annotation, ”.

• (4) In section 20 (duty of Council to supply lists)—

• (a) in subsection (1), after paragraph (a) there shall be inserted the following paragraph—

(ab) to the Principal Clerk of Session;

; and

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

(2) The Council shall send a list of all solicitors who have rights of audience in— (a) the Court of Session, to— (i) the Principal Clerk of Session; (ii) the Principal Clerk of the Judicial Office of the House of Lords; and (iii) the Registrar to the Judicial Committee of the Privy Council; and (b) the High Court of Justiciary, to the Principal Clerk of Justiciary, as soon as practicable after 1st December in each year; and where, by virtue of an order under section 53(2)(ba), 53A(2)(ba) or 55(1)(ba), a solicitor’s right of audience in any of those courts is suspended or revoked, the Council shall forthwith inform the persons mentioned in this subsection of that fact.

.

• (5) In section 26 of the 1980 Act (offence for solicitors to act as agents for unqualified persons)—

• (a) in subsection (1)(c), at the beginning there shall be inserted “ subject to subsection (4), ”;

• (b) in subsection (1)(d), at the beginning there shall be inserted “ subject to subsection (4), ”;

• (c) in subsection (2), at the end there shall be inserted “ or employed by a law centre. ”; and

• (d) after subsection (3) there shall be inserted—

(4) Subsection (1)(c) and (d) shall not apply in relation to— (a) writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or (b) papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.

• (6) In section 32 (which makes it an offence for unqualified persons to prepare writs and papers relating to certain matters)—

• (a) in subsection (2)(a), after the words “fee, gain or reward” there shall be inserted the words “ (other than by way of remuneration paid under a contract of employment) ”; and

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

(2A) Subsection (1)(a) shall not apply to a qualified conveyancer providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. (2B) Subsection (1)(b) shall not apply to a person who is, by virtue of an act of sederunt made under section 32 (power of Court of Session to regulate procedure) of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause. (2C) Subsection (1)(c) shall not apply to an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

.

• (7) At the end of section 33 (unqualified person not entitled to fees etc.) there shall be inserted the words “ or in relation to writs framed or drawn by a person who is, by virtue of an act of sederunt made under section 32 of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause. ”

• (8) In section 42A (powers of Council where inadequate professional services alleged), at the end of subsection (2) there shall be inserted the following paragraph—

(d) to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Council may specify.

• (9) In section 51(3) (complaints to Scottish Solicitors Discipline Tribunal)—

• (a) after paragraph (b) there shall be inserted—

(ba) the Dean of the Faculty of Advocates;

; and

• (b) for paragraph (f) there shall be substituted—

(f) the Scottish legal services ombudsman.

.

• (10) In section 53 (powers of Tribunal)—

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

(ba) order that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked;

;

• (b) in subsection (2)(c), for the words “£4,000” there shall be substituted the words “ £10,000 ”;

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

(3B) The power conferred by subsection (2)(ba) may be exercised by the Tribunal either independently of, or in conjunction with, any other power conferred by that subsection.

; and

• (d) in subsection (6), after the words “as a solicitor” there shall be inserted the words “ or that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked ”.

• (11) In section 53A (inadequate professional services: powers of Tribunal),

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

(ba) to order that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked;

; and

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

(d) to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Tribunal may specify.

• (12) In section 55 (powers of court)—

• (a) after subsection (1)(b) there shall be inserted the following paragraphs—

(ba) suspend the solicitor from exercising any right of audience held by him by virtue of section 25A for such period as the court may determine; or (bb) revoke any right of audience so acquired by him; or

; and

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

(3A) A solicitor whose rights of audience under section 25A have been revoked in pursuance of an order made by the court under subsection (1) may apply to the court for an order restoring those rights, and the court may make such order.

.

• (13) After section 56 there shall be inserted the following section—

(56A) (1) The taking of any steps under section 42A(2) or 53A(2) shall not be founded upon in any proceedings for the purpose of showing that the solicitor in respect of whom the steps were taken was negligent. (2) A direction under section 42A(2)(d) or 53A(2)(d) to a solicitor to pay compensation to a client shall not prejudice any right of that client to take proceedings against that solicitor for damages in respect of any loss which he alleges he has suffered as a result of that solicitor’s negligence, and any sum directed to be paid to that client under either of those provisions may be taken into account in the computation of any award of damages made to him in any such proceedings. (3) The Secretary of State may by order made by statutory instrument amend subsection (2)(d) of sections 42A and 53A by substituting for the sum for the time being specified in those provisions such other sum as he considers appropriate. (4) Before making any such order the Secretary of State shall consult the Council. (5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (14) In section 63 (penalties and time limit for prosecution of offences)—

• (a) in subsection (1)—

• (i) for the words “level 3” there shall be substituted the words “ level 4 ”; and

• (ii) the words from “and to imprisonment” to the end shall cease to have effect; and

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

(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of— (a) any director, secretary or other similar officer of the body corporate; or (b) any person who was purporting to act in any such capacity, he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act is committed by a partnership or by an unincorporated association (other than a partnership) and is proved to have been committed with the consent or connivance of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

.

• (15) In subsection (1) of section 65 (interpretation)—

• (a) after the definition of “the court” there shall be inserted—

“the Director” means the Director General of Fair Trading; “foreign lawyer” means a person who is not a solicitor or an advocate but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outwith Scotland;

;

• (b) after the definition of “judge” there shall be inserted—

“law centre” means a body— (a) established for the purpose of providing legal services to the public generally as well as to individual members of the public; and (b) which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre;

;

• (c) after the definition of “Lord President” there shall be inserted—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “multi-national practice” means— (a) a partnership whose members are solicitors or incorporated practices and registered foreign lawyers; or (b) a body corporate whose members include registered foreign lawyers, and membership of which is restricted to solicitors, incorporated practices, registered foreign lawyers and other multi-national practices;

• (d) after the definition of “property” there shall be inserted—

“registered foreign lawyer” means a foreign lawyer who is registered under section 60A;

• (e) after the definition of “the Society” there shall be inserted—

“Scottish legal services ombudsman” means the ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) In Schedule 1 (The Law Society of Scotland), after paragraph 11 there shall be inserted—

(11A) Neither the Society nor any of its officers or servants shall be liable in damages for anything done or omitted in the discharge or purported discharge of its functions unless the act or omission is shown to have been in bad faith.

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

• (a) in paragraph 1—

• (i) in sub-paragraph (a), at the end there shall be inserted the words “ appointed by the Lord President; ”

• (ii) in sub-paragraph (b), for the word “4” there shall be substituted the word “ 8 ”;

• (iii) at the end of sub-paragraph (b) there shall be inserted the words “ appointed by the Lord President after consultation with the Secretary of State. ”; and

• (iv) the words “appointed by the Lord President”, where they appear at the end of that paragraph, shall cease to have effect;

• (b) in paragraph 2—

• (i) after the words “Lord President” there shall be inserted the words “ after consultation with the Secretary of State ”; and

• (ii) for the words “so re-appointed” there shall be substituted the words “ re-appointed by the Lord President ”;

• (c) in paragraph 3, after the words “as the case may be,” there shall be inserted the words “ after consultation with the Secretary of State, ”;

• (d) in paragraph 14, for the words from “may be published” to the end there shall be substituted the words “ shall, subject to paragraph 14A, be published in full ”;

• (e) after paragraph 14 there shall be inserted the following paragraph—

(14A) In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than— (a) the solicitor against whom the complaint was made; or (b) his partners; or (c) his or their families, but where they so refrain they shall publish their reasons for so doing.

;

• (f) in paragraph 17—

• (i) the words from “also” to “before the order” shall cease to have effect;

• (ii) after the words “and shall” there shall be inserted the words “ , without prejudice to paragraph 14, ”; and

• (iii) the words from “and in such other manner” to the end shall cease to have effect; and

• (g) after paragraph 18 there shall be inserted the following paragraph—

(18A) Without prejudice to paragraph 18, the Council shall ensure that a copy of every decision published under paragraph 14 is open for inspection at the office of the Society during office hours by any person without payment of any fee.

.

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

30

• (1) For section 76 of the Criminal Justice (Scotland) Act 1980 (presumption as to the contents of containers) there shall be substituted the following section—

(76) Section 127 of the Licensing (Scotland) Act 1976 shall apply for the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act as it applies for the purposes of any trial in connection with an alleged contravention of any provision of that Act.

• (2) Nothing in this paragraph shall apply to the prosecution of any person for an offence committed before the commencement of this paragraph.

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

31

• (1) In section 6(3)(e) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (occupancy rights after dealing with third parties)—

• (a) the words “, at or before the time of the dealing,” shall cease to have effect; and

• (b) in sub-paragraph (i)—

• (i) after the word “not” there shall be inserted “ or were not at the time of the dealing ”; and

• (ii) after the word “has” there shall be inserted “ or had ”.

• (2) In section 8 of that Act (interests of heritable creditors)—

• (a) in subsection (2), the words “before the granting of the loan” shall cease to have effect; and

• (b) in subsection (2A)—

• (i) the words “at or before the granting of the security” shall cease to have effect;

• (ii) after the word “not” in paragraph (a) there shall be inserted “ or were not at the time of the granting of the security ”; and

• (iii) after the word “has” in paragraph (a) there shall be inserted “ or had ”.

The Representation of the People Act 1983 (c. 2)

32

Section 42(3)(b) of the Representation of the People Act 1983 (nomination paper in local election to contain statement of acceptance of office) shall cease to have effect.

The Companies Act 1985 (c. 6)

33

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

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

34

In section 8(1) of the Family Law (Scotland) Act 1985 (orders for financial provision on divorce etc)—

• (a) in paragraph (a), the words “or the transfer of property” shall cease to have effect; and

• (b) at the end of paragraph (a) there shall be inserted the following paragraph—

(aa) an order for the transfer of property to him by the other party to the marriage;

.

The Insolvency Act 1986 (c. 45)

35

Section 53(3) of the Insolvency Act 1986 (execution of instrument appointing receiver) shall cease to have effect.

The Legal Aid (Scotland) Act 1986 (c. 47)

36

• (1) In subsection (3) of section 4 (Scottish Legal Aid Fund) of the Legal Aid (Scotland) Act 1986—

• (a) paragraph (a) shall cease to have effect; and

• (b) in paragraph (c), after the word “property” there shall be inserted “ (including money) ”.

• (2) In subsection (1) of section 6 (definitions) of that Act, for the words “if and so far as may be necessary”, in both places where they occur, there shall be substituted the words “ where appropriate ”.

• (3) In subsection (2) of section 13 (meaning of “civil legal aid”) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “ , where appropriate, ”.

• (4) In subsection (3) of section 14 (availability of civil legal aid) of that Act, at the beginning there shall be inserted the words “ Subject to subsections (4) to (6) below, ”.

• (5) After the said subsection (3) there shall be inserted the following subsections—

(4) Where— (a) the Board has refused an application for civil legal aid by a person who has applied for such aid for the purpose of raising an action against the Board; and (b) the applicant has applied to the Board for a review of his application, the Board shall, unless they decide to grant the application forthwith, refer the application, together with all relevant precognitions, statements and other papers, including any observations they wish to make on the application, to the sheriff for Lothian and Borders at Edinburgh. (5) Subject to section 15 of this Act, and to subsection (2) above, where the sheriff decides— (a) that the applicant has aprobabilis causa litigandi; and (b) that it is reasonable in the particular circumstances of the case that he should receive legal aid, he shall so inform the Board, and the Board shall make civil legal aid available to the applicant. (6) A decision made by the sheriff under subsection (5) above shall be final.

• (6) After subsection (2) of section 17 (contributions and payments out of property received) of that Act, there shall be inserted the following subsections—

(2A) Except in so far as regulations made under this section otherwise provide, any sum of money recovered under an award of or an agreement as to expenses in favour of any party in any proceedings in respect of which he is or has been in receipt of civil legal aid shall be paid to the Board. (2B) Except in so far as regulations made under this section otherwise provide, where, in any proceedings, there is a net liability of the Fund on the account of any party, the amount of that liability shall be paid to the Board by that party, in priority to any other debts, out of any property (wherever situate) which is recovered or preserved for him— (a) in the proceedings; or (b) under any settlement to avoid them or to bring them to an end.

.

• (7) Subsections (3) to (5) of that section shall cease to have effect.

• (8) In subsection (6) of that section, for the words “subsection (5)” there shall be substituted the words “ subsection (2A) or (2B) ”.

• (9) In subsection (8) of that section, for the words from “subsection” to the end there shall be substituted the words “ subsection (1) above and in section 33 of this Act to “fees and outlays” include references to sums which would have been payable to that solicitor if he had been so employed. ”

• (10) In subsection (4) of section 21 (scope and nature of criminal legal aid) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “ , where appropriate, ”.

• (11) In subsection (8) of section 29 (legal aid in certain proceedings relating to children) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “ , where appropriate, ”.

• (12) In subsection (4) of section 30 (legal aid in contempt proceedings) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “ , where appropriate, ”.

• (13) In subsection (1) of section 31 (solicitors and counsel) of that Act, for the words “his counsel” there shall be substituted the words “ or a solicitor holding rights of audience by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, his counsel or such a solicitor ”.

• (14) In subsection (9)(b) of the said section 31, at the beginning there shall be inserted “ Subject to subsection (11) below, ”.

• (15) At the end of the said section 31 there shall be inserted the following subsection—

(11) Nothing in subsection (9)(b) above shall enable the Secretary of State to make regulations authorising the granting of legal aid only to solicitors holding rights of audience under section 25A (rights of audience) of the Solicitors (Scotland) Act 1980.

.

• (16) In subsection (3) of section 33 (fees and outlays of counsel and solicitors) of that Act—

• (a) in paragraph (c) the words “and taxation” and “or taxation”; and

• (b) in paragraph (d) the word “, taxation”,

shall cease to have effect.

The Criminal Justice (Scotland) Act 1987 (c. 41)

37

In section 6(1) of the Criminal Justice (Scotland) Act 1987 (definition of implicative gifts), for the words “mentioned in section 5(2) of this Act” there shall be substituted “ on which, in respect of a person suspected of, or charged with, an offence to which section 1 of this Act relates, the warrant to arrest and commit was granted, or a restraint order was made (whichever first occurs). ”

The Court of Session Act 1988 (c. 36)

38

For section 48 (limited right of audience of solicitor before the court) of the Court of Session Act 1988 there shall be substituted the following sections—

(48) (1) Any solicitor who has, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980 a right of audience in relation to the Court of Session shall have the same right of audience in that court as is enjoyed by an advocate. (2) Any solicitor shall have a right of audience— (a) before the vacation judge; and (b) in such other circumstances as may be prescribed. (48A) Any person who has complied with the terms of a scheme approved under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (consideration of applications made under section 25) shall have such rights of audience before the court as may be specified in an act of sederunt made under subsection (7)(a) of that section.

.

The Antarctic Minerals Act 1989 (c. 21)

39

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

SCHEDULE 9

Non-recognised bodies.

Disclosure of documents etc.

34A

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

34B

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

Availability of legal aid in relation to services provided under this Act.

41A