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

Statutory Instruments

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

LEGAL PROFESSION

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

Made

6th November 1996

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:

Citation

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

Interpretation

2.  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.

Commencement

3.  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-Hamilton

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

6th November 1996

Article 3

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

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

TABLE

REPEALS

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.

Explanatory Note

(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.

Note as to Earlier Commencement Orders

(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

(1)

1990 c. 40.