Statutory Instruments
LEGAL PROFESSION
Made
23rd May 1991
The Secretary of State, in exercise of the powers conferred upon him by section 75(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 6) Order 1991.
2. In this Order–
“the Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
3. The provisions of the Act which are specified in column 1 of Schedule 1 to this Order, and described by reference to subject matter in column 2 of that Schedule, shall, in so far as they are not then in force, come into force on 3rd June 1991, 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.
4. The provisions of the Act which are specified in column 1 of Schedule 2 to this Order, and described by reference to subject matter in column 2 of that Schedule, shall, in so far as they are not then in force, come into force on 15th August 1991, 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 Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
23rd May 1991
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 24 | Rights of audience in Court of Session, House of Lords, Judicial Committee of Privy Council and High Court of Justiciary | |
| Section 30 | Regulation of right of English, Welsh and Northern Irish practitioners to practise in Scotland | |
| Section 33 | Complaints in relation to legal services | |
In section 34– subsections (2) to (8) | Powers and jurisdiction of Scottish legal services ombudsman | |
| Section 43 | Functions of Director General of Fair Trading in relation to certain rules | |
| Section74 | Amendments and repeals | Only for the purpose of bringing into force the provisions of Schedules 8 and 9 specified or referred to in column 1 below |
| In Schedule 8 – paragraphs 27(1) and (2), 29(1) to (4), (8) to (14), (15)(a) and (e), (16) and (17), and 38 | Amendments | |
| In Schedule 9 – the repeals specified in the Table below | Repeals |
| Chapter | Short Title | Extent of Repeals |
|---|---|---|
| 1980 c. 46 | The Solicitors (Scotland) Act 1980 | In section 20(1), the word “and”. Section 31(3). In section 63(1), the words “and to imprisonment for a period not exceeding one month”. In Schedule 4, in paragraph 1, the words “appointed by the Lord President” following sub-paragraph (b), and in paragraph 17, the words from “also” to “before the order” and the words from “and in such other manner” to the end. |
Article 4
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 74(2) | Repeals | Only for the purpose of bringing into force the provisions of Schedule 9 referred to in column 1 below |
| In Schedule 9 – the repeals specified in the Table below | Repeals |
| Chapter | Short Title | Extent of Repeals |
|---|---|---|
| 1975 c. 24 | The House of Commons Disqualification Act 1975 | In Schedule 1, the words “lay observer appointed under section 49 of the Solicitors (Scotland) Act 1980”. |
| 1980 c. 46 | The Solicitors (Scotland) Act 1980 | Section 49. In section 65(1), the definition of “lay observer”. Schedule 5. |
(This note is not part of the Order)
This Order appoints 3rd June 1991 as the date for the coming into force of the provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 which are specified in Schedule 1 to the Order, and 15th August 1991 as the date for the coming into force of the provisions of the Act which are specified in Schedule 2 to the Order.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No |
|---|---|---|
| Sections 63, 72, 74 (partially), 75 and Schedules 8 and 9 (partially) | 1.12.1990 | 1990/2328 |
| Sections 64, 65, 74 (partially) and Schedules 8 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 |