1996 No. 2894 (C.85) (S.222)

LEGAL PROFESSION

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 13) Order 1996

Made

The Secretary of State, in exercise of the powers conferred upon him by section 75(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 19901 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation1

This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 13) Order 1996.

Interpretation2

In this Order—

  • the Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and

  • “the Board” means the Scottish Conveyancing and Executry Services Board.

Commencement3

The prvisions of the Act, which are specified in column 1 of the Schedule to this Order, and described by refernece to the subject matter in column 2 of that Schedule, shall come into force on 5th December 1996 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.

James Duglas-HamiltonMinister of State, Scottish OfficeSt. Andrew’s House,Edinburgh

SCHEDULETHE PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 5TH DECEMBER 1996

Article 3

Column 1

Column 2

Column 3

Provisions of the Act

Subject matter

Purpose

Section 17, in so far as not already in force

Qualified conveyancers

Section 18, in so far as not already in force

Executry practitioners

Section 20

Professional misconduct, inadequate professional services, etc

Section 21

Board’s intervention powers

Section 22, except subsection (1)(b) and (2)(c)

Disclosure of documents etc

In section 34—subsection (9)(d), (e) and (g)

Scottish legal services ombudsman

In Schdeule 1, Part II

Board’s powers of investigation

Section 74

Amendments and repeals

Only for the prpose of bringing into force the provisions of Schedules 8 and 9 of the Act specified or referred to in column 1 below

In Schedule 8, paragraphs—

Amendments of enactments

19 and 20

22(1)

For all purpses, except in relation to a recognised financial instutution

22(2)

24 and 25

29(5) and (6)(b), insofar as not already in force

For all purpses, except in relation to a recognised financial institution

In Schedule 9—the repeals specified in the table below

Repeals

TABLEREPEALS

Chapter

Short title

Extend of Repeals

1808 c. 149.

The Probate and Legacy Duties Act 1808.

In section 38, the words from “(which oath” to “administer”).

1858 c. 56.

The Confirmation of Executors (Scotland) Act 1858.

Section 11.

1875 c. 41.

The Intestates Widows and Children (Scotland) Act 1875

In section 6, the words from the beginning to “affirmations”.

In Schedule A, the words from “All which” to the end.

1876 c. 24.

The Small Testate Estates (Scotland) Act 1876

Section 6.

In Schedule A, the words from “All which” to the end.

1900 c. 55.

The Executors (Scotland) Act 1900.

Section 8.

(This note is not part of the Order)

This Order appoints 5th December 1996 for the coming into force of the provisons of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 which are specified in the Schedule to the Order insofar as these are not already in force.

(This note is not part of the Order)

The following provisins of the Act insofar as these are not already in force have been brought into force by Commencement Orders made before the date of this Order:

Provisions

Date of commencement

S.I.No.

Sections 63, 72, 74 (partially), 75 and Schedules 8 (partially) and 9 (partially)

1.12.1990

1990/2328

Sections 64, 65, 74 (partially) and Schedules 8 (partially) and 9 (partially)

1.1.1991

1990/2624

Section 69

1.3.1991

1991/330

Sections 68, 74 (partially) and Schedule 9 (partially)

1.4.1991

1991/330

Sections 16, 23, 34 (partially), 35, 44, 73 (partially), 74 (partially) and Schedules 1 (partially), 3, 4 and 8 (partially)

1.4.1991

1991/822

Sections 61 and 62 and Schedules 6 and 8 (partially)

1.4.1991

1991/850

Sections 24, 30, 33, 34 (partially), 43, 74 (partially) and Schedules 8 (partially) and 9 (partially)

3.6.1991

1991/1252

Section 74 (partially) and Schedule 9 (partially)

15.8.1991

1991/1252

Section 74 (partially) and Schedules 8 (partially) and 9 (partially)

26.8.1991

1990/1903

Sections 17 (partially), 18 (partially), 38, 39, 40, 41, 42, 56 (partially), 57 (partially), 58 (partially), 59 (partially), 60, 74 (partially) and Schedules 8 (partially) and 9 (partially)

30.9.1991

1991/2151

Section 74 (partially) and Schedule 8 (partially)

31.12.1991

1990/2862

Section 3, 4, 5, 7, 9, 15 and 36 (all partially)

4.7.1992

1992/1599

Sections 36 (partially), 37, 74 (partially) and Schedule 8 (partialy)

20.7.1992

1992/1599

Sections 1-3, 6-9 and 13-15

27.7.1992

1992/1599

Sections 4 and 5

30.9.1992

1992/1599

Section 31 and sections 32, 73, 74, Schedule 8 and Schedule 9 (all partially)

17.3.1993

1993/641

Section 10, 11 and 12

15.9.1993

1993/2253