S. 58 wholly in force 3.4.1997; s. 58 not in force at Royal Assent see 75(2); s. 58 in force for certain purposes at 30.9.1991 by S.I. 1991/2151, art. 3, Sch.; s. 58 in force at 3.4.1995 in so far as not already in force by S.I. 1995/364, art. 2
S. 59 wholly in force 3.4.1995; s. 59 not in force at Royal Assent see s. 75(2); s. 59 in force for certain purposes at 30.9.1991 by S.I. 1991/2151, art. 3,Sch.; s. 59 in force at 3.4.1995 in so far as not already in force by 1995/364, art. 2
s. 60 wholly in force on 30.09.1991 see s. 75(2) and S.I. 1991/2151, art. 3,Sch.
S. 61 wholly in force at 1.4.1991. See s. 75(2) and S.I. 1991/850, art. 3, Schedule.
S. 68 wholly in force at 1.4.1991 see s. 75 and S.I. 1991/330, art. 4, Sch.
S. 69 wholly in force at 1.3.1991 see s. 75 and S.I. 1991/330, art. 3
S. 56 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)
S. 57 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)
Words in s. 58 repealed (31.3.1996) by 1995 c. 20, s. 117(1)(2), Sch. 6 paras. 174, 176, Sch. 7 Pt. I; S.I. 1996/517, art. 3(2)
S. 62 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)
S. 66 repealed (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), s. 35(2), Sch. 2 (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
S. 71 repealed (2.4.2001) by 2000 asp 4, s. 88(3), Sch. 6; S.S.I. 2001/81, art. 2, Sch. 1
S. 72 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))
S. 58 applied (1.1.1994) by 1993 c. 9, s. 35 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(5).
Where a court has, or is deemed to have, granted an application made under section 56 of this Act in relation to a child
In sections 56, 57 and 58 of this Act, unless the contrary intention appears—
“
“
“
Where an offence is alleged to have been committed in one district in a sheriffdom, it shall be competent to try that offence in a sheriff court in any other district in that sheriffdom.
Sections 183 and 384 of the
A court shall not make a probation order under subsection (1) above unless it is satisfied that suitable arrangements for the supervision of the offender can be made by the local authority in whose area he resides or is to reside.
in subsection (4) of each section—
In subsection (1) of each of sections 186 and 387 of that Act (failure to comply with probation order)—
the director of social work of the local authority whose officer is supervising the probationer; or an officer appointed by the director of social work to act on his behalf for the purposes of this subsection,
In section 27 of the
the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.
the matters to be included in such a report;
In section 27A of that Act (grants in respect of community service facilities)—
for the purposes mentioned in section 27(1) of this Act; and for such other similar purposes as the Secretary of State may prescribe. Before exercising his power under subsection (1)(b) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.
In section 27B of that Act (grants in respect of hostel accommodation for certain persons)—
The persons referred to in subsection (1) above are— persons mentioned in section 27(1)(b)(i) and (ii) of this Act; persons who have been charged with an offence and are on bail; persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and such other classes of persons as the Secretary of State may prescribe. Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.
Her Majesty may by Order in Council— direct in relation to a country or territory outside the United Kingdom designated by the order (“a designated country”) that, subject to such modifications as may be specified, this Part of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there; make— such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order; and such provision as to evidence or proof of any matter for the purposes of this section and section 30A of this Act; and such incidental, consequential and transitional provision, as appears to Her Majesty to be expedient; and without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified. In this Part of this Act— “ “ An Order in Council under this section may make different provision for different cases or classes of case. The power to make an Order in Council under this section includes power to modify this Part of this Act in such a way as to confer power on a person to exercise a discretion. An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament. On an application made by or on behalf of the Government of a designated country, the Court of Session may register an external confiscation order made there if— it is satisfied that at the time of registration the order is in force and not subject to appeal; it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and it is of the opinion that enforcing the order in Scotland would not be contrary to the interests of justice. In subsection (1) above “ any proceedings by way of discharging or setting aside a judgment; and an application for a new trial or a stay of execution. The Court of Session shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
In section 15 of the
in subsection (4)—
Section 24 of the
A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy. Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the area of the local authority to whom he has applied for accommodation or for assistance in obtaining accommodation.
it is probable that occupation of it will lead to— violence; or threats of violence which are likely to be carried out, from some other person who previously resided with that person, whether in that accommodation or elsewhere, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Court may by act of sederunt make provision for the discharge of factors, tutors and curators by means other than the presentation of a petition under section 34 of this Act where the factory, tutory or curatory is terminated by reason of the recovery, death or coming of age of the ward, or by reason of the exhaustion of the estate.
The
In section 15(1) (scope of Part II), the words “applies only to contracts,” shall cease to have effect.
In section 16 (liability for breach of duty)—
in subsection (1)—
Nothing in paragraph (b) of subsection (1) above shall be taken as implying that a provision of a notice has effect in circumstances where, apart from that paragraph, it would not have effect.
in subsection (3)—
In section 24 (the “reasonableness” test)—
In determining for the purposes of this Part of this Act whether it is fair and reasonable to allow reliance on a provision of a notice (not being a notice having contractual effect), regard shall be had to all the circumstances obtaining when the liability arose or (but for the provision) would have arisen.
in subsection (3)—
In section 25 (interpretation of Part II)—
in subsection (1), after the definition of “hire-purchase agreement” there shall be inserted—
“ “
subsections (3)(d) and (4) shall cease to have effect.
This section shall have effect only in relation to liability for any loss or damage which is suffered on or after the date appointed for its coming into force.
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. 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— reasonable remuneration for those services; and reasonable expenses which are likely to be incurred in connection therewith. 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.
Without prejudice to Parts II and III of the
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—
to provide a sample of blood or other body fluid or of body tissue for the purpose of laboratory analysis;
to consent to the taking of such a sample from a child in relation to whom the party has power to give such consent.
Where a party to whom a request under subsection (1) above has been made refuses or fails—
to provide or, as the case may be, to consent to the taking of, a sample as requested by the court, or
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.
In section 6 of the
This section applies to any civil proceedings brought in the Court of Session or the sheriff court—
on or after the date of the commencement of this section; or
before the said date in a case where the proof has not by that date begun.