- Latest available (Revised)
- Original (As enacted)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Section 68 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The M1Unfair Contract Terms Act 1977 shall be amended in accordance with this section.
(2)In section 15(1) (scope of Part II), the words “applies only to contracts,” shall cease to have effect.
(3)In section 16 (liability for breach of duty)—
(a)in subsection (1)—
(i)at the beginning there shall be inserted the words “ Subject to subsection (1A) below, ”;
(ii)after the word “contract” in the first place where it occurs there shall be inserted “ , or a provision of a notice given to persons generally or to particular persons, ”;
(iii)after the word “term” in the second place where it occurs there shall be inserted “ or provision ”; and
(iv)at the end of paragraph (b) there shall be inserted the words “ or, as the case may be, if it is not fair and reasonable to allow reliance on the provision ”;
(b)after subsection (1) there shall be inserted the following subsection—
“(1A)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.”; and
(c)in subsection (3)—
(i)after the word “contract” there shall be inserted “ or a provision of a notice ”; and
(ii)after the word “term” in the second place where it occurs there shall be inserted “ or provision ”.
(4)In section 24 (the “reasonableness” test)—
(a)after subsection (2) there shall be inserted the following subsection—
“(2A)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.”;
(b)in subsection (3)—
(i)after the word “contract” in the first place where it occurs there shall be inserted “ or a provision of a notice ”;
(ii)after the word “contract” in the second place where it occurs there shall be inserted “ or whether it is fair and reasonable to allow reliance on the provision ”;
(iii)after the word “above” there shall be inserted “ in the case of a term in a contract ”; and
(iv)in paragraph (a), after the word “term” there shall be inserted “ or provision ”; and
(c)in subsection (4), after the word “contract” there shall be inserted “ or that it is fair and reasonable to allow reliance on a provision of a notice ”.
(5)In section 25 (interpretation of Part II)—
(a)in subsection (1), after the definition of “hire-purchase agreement” there shall be inserted—
“ “notice” includes an announcement, whether or not in writing, and any other communication or pretended communication;”; and
(b)subsections (3)(d) and (4) shall cease to have effect.
(6)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.
Commencement Information
I1S. 68 wholly in force at 1.4.1991 see s. 75 and S.I. 1991/330, art. 4, Sch.
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: