Age of Majority (Scotland) Act 1969

1969 CHAPTER 39

An Act to amend the law of Scotland relating to the age of majority; and for connected purposes.

[25th July 1969]

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

1 Reduction of age of majority to 18. S

(1) As from the date on which this Act comes into force a person shall attain majority on attaining the age of eighteen instead of on attaining the age of twenty-one; and a person shall attain majority on that date if he has then already attained the age of eighteen but not the age of twenty-one.

(2) The foregoing subsection applies for the purposes of any rule of law, and, in the absence of a definition or of any indication of a contrary intention, for the construction of “major”, “majority”, “full age”, “perfect age”, “complete age”, “lawful age”, “minor”, “minority”, “under age”, “less age” and similar expressions in—

(a) any statutory provision, whether passed or made before, on or after the date on which this Act comes into force; and

(b) any deed executed on or after that date other than a deed made in the exercise of a special power of appointment where the deed creating the power was executed before that date.

(3) In the statutory provisions specified in Schedule 1 to this Act, for any reference to the age of twenty-one years or twenty-five years there shall be substituted a reference to the age of eighteen years.

(4) This section does not affect the construction of any such expression as is referred to in subsection (2) of this section in any of the statutory provisions described in Schedule 2 to this Act.

(5) The Secretary of State may, by order made by statutory instrument, amend any provision in any local enactment passed on or before the date on which this Act comes into force by substituting a reference to the age of eighteen years for any reference therein to the age of twenty-one years; and any statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Notwithstanding any rule of law, a testamentary instrument or codicil executed before the date on which this Act comes into force shall not be treated for the purposes of this section as made on or after that date by reason only that the instrument or codicil is confirmed by a codicil executed on or after that date.

(7) This section shall not affect the construction of any statutory provision where it is incorporated in and has effect as part of any deed the construction of which is not affected by this section.

(8) This section shall not prevent the making of an adoption order or provisional adoption order under the M1 Adoption Act 1958 in respect of a person who has attained the age of eighteen if the application for the order was made before this Act comes into force, and in relation to any such case that Act shall have effect as if this section had not been enacted.

(9) Section 4 of the M2 Entail Amendment (Scotland) Act 1875 (consent to disentail may be given at 21) is hereby repealed.

(10) In this section—

• “statutory provision” means any enactment and any order, rule, regulation, byelaw or other instrument made in the exercise of a power conferred by any enactment; and

• “deed” includes any disposition, contract, instrument or writing (not being a statutory provision), whetherinter vivosormortis causa.

Modifications etc. (not altering text)

C2 The text of S.1(9) and Schedule 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not, except as specified, reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1958 c. 5 (7 & 8 Eliz. 2).

M2 1875 c. 61

2 Short title, interpretation, commencement and extent. S

(1) This Act may be cited as the Age of Majority (Scotland) Act 1969.

(2) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

(3) This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.

(4) This Act shall extend to Scotland only.

SCHEDULES

Section 1(3).

SCHEDULE 1 S Statutory Provisions amended by substituting 18 for 21 or 25 Years

Modifications etc. (not altering text)

C3 The text of S.1(9) and Schedule 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not, except as specified, reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S Enactments

Short title	Section	Subject matter
. . ..		. . . F1 .
. . .	. . .	. . . F2
c. 6. The Diligence Act 1621.		Right of a person under 25 and of his successor to redeem comprised lands.
The Minority Act 1663.		Right of a person under 21 to surplus of maills and duties fron comprised lands.
. . ..		. . . F1 .
. . ..		. . . F1 .
c. 36. The Entail Amendment Act 1848.	Sections 1, 2 and 3.	Power to disentail.
. . .	. . .	. . .. F1
. . .	. . .	. . . F3
. . .	. . .	. . . F4
c. 46. The Hypnotism Act 1952.	Section 3.	Persons under 21 not to be hypnotised at public entertainment.
. . .	. . ..	. . . F1
. . .	. . ..	. . . F1
. . .	. . .	. . . F5
c. 57. The Trusts (Scotland) Act 1961.	Section 1(2)	Person over age of pupillarity but under 21 incapable of assenting to variation of trust purposes etc.
. . .	. . ..	. . . F1 .
	. . .	. . . F1
c. 2. The Betting, Gaming and Lotteries Act 1963.	Section 22(1) and (3).	Offence of sending betting advertisements to persons under 21.
F6 ...	F6 ...	F6 ...
. . .	. . .	. . .. F1

Textual Amendments

F1 Entries relating to the Tutors Act 1474, the Oaths of Minors Act 1681, the Court of Session Act 1825, the Trade Union Act Amendment Act 1876, the Trustee Savings Banks Act 1954, the Adoption Act 1958, the Building Societies Act 1962 and the Births, Deaths and Marriages (Scotland) Act 1965 repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch. 1, Pt. VIII

F2 Entry repealed by Prescription and Limitation (Scotland) Act 1973 (c. 52, SIF 97), s. 16, Sch. 5 Pt. I

F3 Entry repealed by Friendly Societies Act 1974 (c. 46, SIF 55:1), s. 116(4), Sch. 11

F4 Entry repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(2), Sch. 6 Pt. I

F5 Entry repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 127(2), 128, 129, Sch. 5

F6 Words in Sch. 1 repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5)

Part II S Regulations and Rules

Title	Provision	Subject matter
. . ..	. . .	. . . F7 .
. . ..	. . ..	. . .. F7
	. . ..	. . . F7
. . ..	. . .	. . . F7
. . ..	. . .	. . . F7
. . ..	. . .	. . .. F7
. . ..	. . .	. . . F7
. . .	. . ..	. . . F7 .
	. . ..	. . . F7 .
. . ..	. . ..	. . . F7
. . ..	. . .	. . . F7 .
F8	F8	F8 ...
1965 S.I. 1839 The Registration of Births, Stillbirths, Deaths and Marriages (Prescription of Forms)(Scotland) Regulations 1965.	Schedule 24.	Recording of change of name or surname.

Textual Amendments

F7 Entries in Sch. I, Pt. II, except those relating to the Government Stock Regulations 1965 and the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms)(Scotland) Regulations 1965, repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch. 1, Pt. VIII

F8 Sch. 1 Pt. II: entry omitted (1.7.2004) by virtue of Government Stock (Consequential and Transitional Provision) (No.2) Order 2004 (S.I. 2004/1662), art. 1, Sch. para. 1Sch. para. 17 (with art. 3)

Section 1(4).

SCHEDULE 2 S Statutory Provisions Unaffected by Section 1

1 S The Regency Acts 1937 to 1953.

F9 2 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 2 para. 2 repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch. 1, Pt. VIII

3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 2 para. 3 repealed by Finance Act 1969 (c. 32), s. 16(1), Sch. 21 Pt. IV