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Army Act 1955 (repealed)
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Changes over time for: Section 214
Version Superseded: 11/05/2001
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1996- Amendment
- 01/10/1996
Point in time - 11/05/2001- Amendment
- 31/10/2009- Amendment
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Point in time view as at 01/10/1996. This version of this provision has been superseded.
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214 Application to Scotland.F6U.K.
(1)The provisions of this section shall have effect for the purpose of the application of this Act toScotland.
(2)For any reference to a county court there shall be substituted a reference to the sheriff; and thepowers and duties conferred or imposed on a justice of the peace may be exercised or performed either bysuch justice or by the sheriff.
(3)References in subsection (2) of section one hundred and twenty-five and in subsection (1) of sectionone hundred and twenty-eight to the M1Capital Punishment Amendment Act 1868, or to anyprovision of that Act shall respectively be construed as references to that Act as it applies to Scotlandor to the corresponding provision of that Act applying to Scotland, and references in the said subsection(2) and subsection (1) to the sheriff shall be construed as references to the lord provost or provost, ormagistrate or magistrates, charged with seeing the sentence of death carried into effect.
(4)In subsection (2) of section one hundred and twenty-eight for the reference to [F1the Coroners Acts 1887 to 1926][F1the Coroners Act 1988]there shall be substituted a reference to section twenty-five of the M2Prisons(Scotland) Act 1952, and that section as applied in relation to any such premises as are mentioned in thesaid subsection (2) shall have effect subject to the necessary modifications.
[F2(4A)In section 150, at the end of subsection (5), there shall be added the words “and to any sum awardedas inlying expenses in a decree of affiliation and aliment"].
(5)For any reference to the Minister of Housing and Local Government there shall be substituted a referenceto the Secretary of State; and the local authority for the purposes of Part IV of this Act shall be a [F3council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
(6)Section one hundred and eighty-seven shall have effect as if subsection (4) were omitted.
(7)Section one hundred and ninety-five shall have effect as if for the obligation imposed by subsection(4) on the officer therein mentioned to bring a person before a court of summary jurisdiction there weresubstituted an obligation to report to the procurator fiscal.
(8)F4 the expression “chattel” means corporeal moveable.
[F5(9)Where by virtue of this Act a document is admissible in evidence or is evidence of any matter statedin it in proceedings before a civil court in England, it shall be sufficient evidence of the matter sostated in such proceedings in Scotland.]
Textual Amendments
F1Words “the Coroners Act 1988" substituted (E.W.) for words “the Coroners Acts 1887 to 1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 7
F2S. 214(4A) inserted by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 4
F3Words in s. 214(5) substituted (S.) (1.4.1996 subject to art. 4(2) of the commencing S.I.) by 1994 c. 39, s. 180(1), Sch. 13 para. 44(2); S.I. 1996/323, art. 4(1)(c)
F4Words repealed by Army and Air Force Act 1961 (c. 52), s. 29(2)(b)
F5S. 214(9) inserted by Armed Forces Act 1971 (c. 33), s. 76
Marginal Citations
Textual Amendments applied to the whole legislation
F6Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
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