LegalizeThe Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 8) Order 1991
Made: 24th September 1991
The Secretary of State, in exercise of the powers conferred upon him by section 75(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation
1
This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 8) Order 1991.
Interpretation
2
In this Order, “the Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Commencement
3
The provisions of the Act which are specified in column 1 of the Schedule to this Order, and described by reference to subject matter in column 2 of that Schedule, shall, in so far as they are not then in force, come into force on 30th September 1991 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
SCHEDULE — THE PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 30TH SEPTEMBER 1991
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| In section 17 – subsections (3) and (11) to (15) | Qualified Conveyancers | |
| In section 18 – subsections (10) to (11) | Executry Practitioners | |
| Section 38 | Availability of legal aid for services provided under this Act | |
| Section 39 | Removal of restrictions on the borrowing of process in the Court of Session or in inferior courts | |
| Sections 40 to 42 | Advisory, investigatory and supervisory powers of the Director General of Fair Trading, and review of rules by the Secretary of State | |
| Sections 56, 58 and 59 | Evidence by children in criminal trials | Only for the purpose of proceedings in– the High Court of Justiciary sitting at Edinburgh or Glasgow; and any sheriff court in the sheriffdom of Glasgow and Strathkelvin or Lothian and Borders |
| Section 57 | Transfer of cases | Only for the purpose of proceedings in any sheriff court in the sheriffdom of Glasgow and Strathkelvin or Lothian and Borders |
| Section 60 | Criminal jurisdiction of sheriff court | |
| Section 74 | Amendments and Repeals | Only for the purpose of bringing into force the provisions of Schedules 8 and 9 specified or referred to in column 1 below. |
| In Schedule 8 paragraphs: 36(2) to (5) and (10) to (15) | Amendments | |
| In Schedule 9 – the repeals specified in the table below | Repeals | |
| Chapter | Short Title | Extent of Repeals |
| --- | --- | --- |
| 1980 c. 46 | The Solicitors (Scotland) Act 1980 | Section 29 |
| 1986 c. 47 | The Legal Aid (Scotland) Act 1986 | In section 13(2), the words “(so far as is necessary)”. |
Signed
James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 24th September 1991
Explanatory note
(This note is not part of the Order)
This Order appoints 30th September 1991 as the date for the coming into force of the provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 which are specified in the Schedule to the Order.
Footnotes
[^f00001]: 1990 c. 40.
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