Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

SCHEDULES

Section 1.

SCHEDULE 1 Ineligibility for and Disqualification and Excusal from Jury Service

PART I Persons Ineligible

GROUP A The Judiciary

(a)

Lords of Appeal;

(b)

Senators of the College of Justice ;

(c)

sheriffs ;

(d)

Justices of the Peace ;

(e)

stipendiary magistrates ;

(f)

the chairman or president, the vice-chairman or vice-president and the registrar or assistant registrar of any tribunal; and

(g)

persons who, at any time within the 10 years immediately preceding the date at which their eligibility, in terms of section 1 of this Act, for jury service is being considered, have come within any description listed above in this Group.

GROUP B Others concerned with the administration of justice

(a)

Advocates and solicitors, whether or not in actual practice as such;

(b)

advocates' clerks;

(c)

apprentices of, and legal trainees employed by, solicitors ;

(d)

officers and staff of any court if their work is wholly or mainly concerned with the day-to-day administration of the court;

(e)

persons employed as shorthand writers in any court;

(f)

Clerks of the Peace and their deputies ;

(g)

Inspectors of Constabulary appointed by Her Majesty ;

(h)

assistant inspectors of constabulary appointed by the Secretary of State;

(i)

constables of any police force (including constables engaged on central service within the meaning of section 38 of the [1967 c. 77.] Police (Scotland) Act 1967);

(j)

constables of any constabulary maintained under statute;

(k)

persons employed in any capacity by virtue of which they have the powers and privileges of police constables ;

(l)

special constables;

(m)

police cadets ;

(n)

persons employed under section 9 of the said Act of 1967 for the assistance of the constables of a police force ;

(o)

officers of, and members of visiting committees for, prisons, remand centres, detention centres, borstal institutions and young offenders institutions ;

(p)

procurators fiscal within the meaning of section 462(1) of the [1975 c. 71.] Criminal Procedure (Scotland) Act 1975, and persons employed as clerks and assistants to such procurators fiscal;

(q)

messengers at arms and sheriff officers ;

(r)

members of children's panels ;

(s)

reporters appointed under section 36 of the [1968 c. 49.] Social Work (Scotland) Act 1968 and their staffs ;

(t)

directors of social work appointed under section 3 of the said Act of 1968 and persons employed to assist such directors in the performance of such of their functions as relate to probation schemes within the meaning of section 27 of that Act;

(u)

members of the Parole Board for Scotland ;

(v)

members of local review committees established by virtue of section 59(6) of the [1967 c. 58.] Criminal Justice Act 1967 ; and

(w)

persons who, at any time within the 5 years immediately preceding the date at which their eligibility, in terms of section 1 of this Act, for jury service is being considered, have come within any description listed above in this Group.

GROUP C The mentally disordered

(Expressions used in this Group are to be construed in accordance with the [1960 c. 61.] Mental Health (Scotland) Act 1960.)

(a)

Persons who are receiving medical treatment for mental disorder and either—

(i)

are, for the purposes of that treatment, resident in a hospital; or

(ii)

attend on more than one day of each week to receive that treatment;

(b)

persons incapable by reason of mental disorder of adequately managing and administering their property and affairs and for whom a curator bonis has accordingly been appointed ; and

(c)

persons for the time being in guardianship under section 25 of the said Act of 1960.

PART II Persons Disqualified

(a)

Persons who have at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—

(i)

to imprisonment for life or for a term of 5 years or more; or

(ii)

to be detained during Her Majesty's pleasure, during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland;

(b)

persons who have at any time in the United Kingdom, the Channel Islands or the Isle of Man—

(i)

served any part of a sentence of imprisonment or detention, being a sentence for a term of 3 months or more; or

(ii)

been detained in a borstal institution,

and who are not rehabilitated persons for the purposes of the [1974 c. 53.] Rehabilitation of Offenders Act 1974.

PART III Persons Excusable as of Right

GROUP A Parliament

(a)

Peers and peeresses entitled to receive writs of summons to attend the House of Lords ;

(b)

members of the House of Commons ;

(c)

officers of the House of Lords ; and

(d)

officers of the House of Commons.

GROUP B European Assembly

Representatives to the Assembly of the European Communities.

GROUP C The Forces

Full-time serving members of—

(a)

any of Her Majesty's naval, military or air forces ;

(b)

the Women's Royal Naval Service ;

(c)

Queen Alexandra's Royal Naval Nursing Service ; or

(d)

any Voluntary Aid Detachment serving with the Royal Navy.

GROUP D Medical and similar professions

The following, if actually practising their profession and registered (whether fully or otherwise), enrolled or certified under the enactments relating to that profession—

(a)

medical practitioners;

(b)

dentists;

(c)

nurses;

(d)

midwives;

(e)

pharmaceutical chemists ; and

(f)

veterinary surgeons and veterinary practitioners.

GROUP E Ministers of religion etc.

(a)

persons in holy orders ;

(b)

regular ministers of any religious denomination ; and

(c)

vowed members of any religious order living in a monastery, convent or other religious community.

GROUP F Others

(a)

Persons whose obedience to the citation for jury service would result in their serving, or duly attending for service, more than once in any period of five years ; and

(b)

persons excused by the direction of any court from jury service during a period which has not terminated.

Section 28(1).

SCHEDULE 2 Minor and Consequential Amendments

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

1 In section 4 (names of jurors may be passed over, in making returns of jurors for the purposes of civil trials, where they have died or are no longer qualified), for the words " become disqualified as a juror, whether from loss of property, absence, or other legal cause " there shall be substituted the words " cease to be qualified to serve as a juror ".

The Executors (Scotland) Act 1900 (c. 55)

2 In section 3 (persons who may be confirmed executors nominate), after the words " Supreme Court" there shall be inserted the words " or the sheriff court ".

The Juries Act 1949 (c.27)

3 For section 24(1) (payments in respect of jury service) there shall be substituted the following subsection—

“(1) Subject to the provisions of this Part of this Act, a person who serves as a juror shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at rates determined by the Secretary of State with the consent of the Minister for the Civil Service and subject to any prescribed conditions, by way of allowance—

(a) for travelling and subsistence ; and

(b) for financial loss, where in consequence of his attendance for that purpose he has incurred any expenditure (other than on travelling and subsistence) to which he would not otherwise be subject or he has suffered any loss of earnings, or of benefit under the enactments relating to social security, which he would otherwise have made or received.”.

4 In section 25(2) (sums for payments to jurors), for the words " to (c) " there shall be substituted the words " and (b) ".

The Betting, Gaming and Lotteries Act 1963 (c.2)

5 In paragraph 2 (interpretation), of Schedule 1, in the definition of " appropriate authority ", for the word " court", in both places where it occurs, there shall be substituted the word " board ".

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

6 In section 91 (names of jurors may be passed over, in making returns of jurors for the purposes of criminal trials, where they have died or are no longer qualified), for the words " becomes disqualified as a juror, whether from loss of property, absence, or other legal cause " there shall be substituted the words " ceases to be qualified to serve as a juror ".

7 In section 130(5) (objection to juror on grounds of lack of qualification), for the words " 1 of the Jurors (Scotland) Act 1825" there shall be substituted the words " 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 ".

The Lotteries and Amusements Act 1976 (c.32)

8 In paragraph 1 (interpretation), of Schedule 3—

(a) for sub-paragraph (1)(c) there shall be substituted the following sub-paragraph—

“(c) in relation to any premises in Scotland in respect of which a hotel licence or a public house licence is for the time being in force, the licensing board for the licensing area in which the premises are situated ;”; and

(b) in sub-paragraph (2), for the words from "" hotel" to " 1959 " there shall be substituted the words—

• “" hotel licence ", " licensing area ", " licensing board " and " public house licence " have the same meanings as in the Licensing (Scotland) Act 1976 ;”.

The Licensing (Scotland) Act 1976 (c.66)

9 In section 94(2) (forfeiture of licence in certain cases), for the words " 89 or 90 " there shall be substituted the words " 90 or 91 ".

10 In section 107(1)(a) (election of governing body of club), for the word " governing" where it occurs for the second time, there shall be substituted the word " general ".

11 In section 140(2) (transitional provisions), after the words " 57 " there shall be inserted the words " , 59 ".

Section 28(2).

SCHEDULE 3 Repeals

Chapter	Short Title	Extent of Repeal
55 Geo. 3. c. 42.	The Jury Trials (Scotland) Act 1815.	Section 22.
6 Geo. 4. c. 22.	The Jurors (Scotland) Act 1825.	Sections 1 and 2.
31 & 32 Vict, c. 100.	The Court of Session Act 1868.	Section 43.
32 & 33 Vict, c. 36.	The Juries (Lighthouse Keepers Exemption) Act 1869.	The whole Act.
40 & 41 Vict, c. 13.	The Customs, Inland Revenue and Savings Banks Act 1877.	In section 12, the words from ", instead " to " same at his office in Edinburgh ".
43 & 44 Vict, c. 4.	The Judicial Factors (Scotland) Act 1880.	In section 4, paragraphs 2 and 3.
53 & 54 Vict, c. 21.	The Inland Revenue Regulation Act 1890.	In section 8, the words " or on any jury or inquest whatsoever ".
7 Edw. 7. c.51.	The Sheriff Courts (Scotland) Act 1907.	In section 3, paragraph (q).
		In section 5, in subsection (5) the words " where the debt exclusive of interest and expenses does not exceed fifty pounds "; and the words from " Provided also that it" to the end.
		In section 7, the words " Subject to the provisions of this Act".
		In section 27(D) the words " not being an interlocutor fixing a diet for jury trial ".
		Sections 30 and 31.
		In Schedule 1, in rule 123, the words " not exceeding fifty pounds, exclusive of interest and expenses "; and rules 133 to 150.
10 Edw. 7 & 1 Geo. 5. c. 31.	The Jury Trials Amendment (Scotland) Act 1910.	In section 2, the words from " or (b) " to " 1907 ".
2 & 3 Geo. 5. c. 28.	The Sheriff Courts (Scotland) Act 1913.	Section 6.
3 & 4 Geo. 5. c. 20.	The Bankruptcy (Scotland) Act 1913.	In section 163, the words " where the assets of the deceased are estimated not to exceed five hundred pounds ".
9 & 10 Geo. 5. c. 71.	The Sex Disqualification (Removal) Act 1919.	In section 1, the words " and a person shall not be exempted by sex or marriage from the liability to serve as a juror ".
		In section 4(2), the words " and any enactment relating to juries shall have effect so as to accord with the provisions of this Act".
9 & 10 Geo. 5. c. 92.	The Aliens Restriction (Amendment) Act 1919.	Section 8.
10 & 11 Geo. 5. c. 53.	The Jurors (Enrolment of Women) (Scotland) Act 1920.	In section 1(1), the words from "The enactments" to "always that"; and the word " that" where it occurs for the second time.
		In section 2, the words from " Without prejudice" to " 1919 ".
23 & 24Geo. 5. c. 41.	The Administration of Justice (Scotland) Act 1933.	Section 22.
12 & 13 Geo. 6. c. 27.	The Juries Act 1949.	Section 25(1)(c).
14 & 15 Geo. 6. c. 54.	The Midwives (Scotland) Act 1951.	Section 27.
1 & 2 Eliz. 2. c. 50.	The Auxiliary Forces Act 1953.	In section 39(3), the words " and shall be exempt from serving on any jury ".
3 & 4 Eliz. 2. c. 18.	The Army Act 1955.	Section 183.
3 & 4 Eliz. 2. c. 19.	The Air Force Act 1955.	Section 183.
5 & 6 Eliz. 2. c.28.	The Dentists Act 1957.	In section 32, in subsection (1) the words " serving on all juries and inquests whatsoever and from"; and subsection (2).
6 & 7 Eliz. 2. c. 61.	The Interest on Damages (Scotland) Act 1958.	Section 2.
1966 c. 36.	The Veterinary Surgeons Act 1966.	Section 24(1).
1970 c. 9.	The Taxes Management Act 1970.	Section 5(2).
1971 c. 31.	The Interest on Damages (Scotland) Act 1971.	Section 1(2).
1971 c. 58.	The Sheriff Courts (Scotland) Act 1971.	Sections 39 and 40.
		In section 41(2), the words " section 39, section 40 ".
1972 c. 41.	The Finance Act 1972.	In Schedule 6, paragraph 9 in so far as relating to juries in Scotland.
1973 c. 25.	The Succession (Scotland) Act 1973.	Section 1(2) and (3).
1973 c. 45.	The Domicile and Matrimonial Proceedings Act 1973.	Section 9.
1973 c. 52.	The Prescription and Limitation (Scotland) Act 1973.	In section 22(6), the words ", whether in the Court of Session or the sheriff court,".
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	Schedule 2.
1975 c. 78.	The Airports Authority Act 1975.	Section 10(7).
1976 c. 36.	The Lotteries and Amusements Act 1976.	In Schedule 3, in paragraphs 4(1)(a) and 17(1)(a), the words " or certificate ".
1976 c. 66.	The Licensing (Scotland) Act 1976.	Section 140(1).
1977 c. 15.	The Marriage (Scotland) Act 1977.	Section 13(2) and (3).
1978 c. 10.	The European Assembly Elections Act 1978.	Section 5(2).
1979 c. 2.	The Customs and Excise Management Act 1979.	Section 175(2).
1979 c. 36.	The Nurses, Midwives and Health Visitors Act 1979.	Section 18.