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Version Superseded: 01/11/1996
Point in time view as at 01/02/1991.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 is up to date with all changes known to be in force on or before 15 October 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.
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(1)After the passing of this Act it shall not be competent to arrest on the dependence of an action any earnings or any pension.
(2)(a)For the purposes of this and of the next following section “ earnings” means any sums payable by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service);
(b)in this section “ pension” includes—
(i)any annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and any periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
(ii)any pension or allowance payable in respect of disablement or disability.
Textual Amendments
F1Ss. 2, 3 repealed by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108, Sch. 7 paras. 5, 9(1), Sch. 8
Textual Amendments
F2S. 4 repealed by Children Act 1975 (c. 72), s. 108(1)(b, Sch. 4 Pt. IV
(1)Notwithstanding section 23(1) of the Succession (Scotland) Act 1964 (adopted person to be treated for the purposes of sucession as the child of the adopter), where the adopter of an adopted person has died before 10th September 1964, the adopted person shall be treated for the purposes of succession to the estate of a natural parent, who dies after the commencementof this Act, as the child of that parent.
(2)In the foregoing subsection, in relation to a person adopted jointly by spouses any reference, however worded, to the death of an adopter shall be construed as a reference to the death of both spouses: and other expressions shall have the same meaning as in Part IV of the M1 Succession (Scotland) Act 1964.
Marginal Citations
(1)The periods for which accumulations of income under a settlement or other disposition are permitted by section 5 of the M2Trusts (Scotland) Act 1961 shall include—
(a)a term of twenty-one years from the date of the making of the settlement or other disposition, and
(b)the duration of the minority or respective minorities of any person or persons living or in utero at that date,
and a direction to accumulate income during a period specified in paragraph (a) or paragraph (b) of this subsection shall not be void, nor shall the accumulation of the income be contrary to the said section 5, solely by reason of the fact that the period begins during the life of the grantor and ends after his death.
(2)The restrictions imposed by the said section 5 shall apply in relation to a power to accumulate income whether or not there is a duty to exercise that power, and they shall apply whether or not the power to accumulate extends to income produced by the investment of income previously accumulated.
(3)This section shall apply only in relation to instruments taking effect after the passing of this Act, and in the case of an instrument made in the exercise of a special power of appointment shall apply only where the instrument creating the power takes effect after the passing of this Act.
Marginal Citations
Textual Amendments
F3S. 7 repealed by Civil Evidence (Scotland) Act 1988 (c. 32), s. 10(1), Sch.
(1)The provisions of this section shall apply to the following orders made by the Court of Session, that is to say—
(a)an award of aliment,
(b)an order for an annual or periodical allowance made under section 2 of the M3Divorce (Scotland) Act 1938, whether under that section as originally enacted or as amended by any subsequent enactment including this Act,
(c)an order for a periodical allowance made under subsection (2) or (3) of section 26 of the M4Succession (Scotland) Act 1964, [F4or under section 5 of the Divorce (Scotland) Act 1976][F5or section 29 of the Matrimonial and Family Proceedings Act 1984][F6or section 8 of the Family Law (Scotland) Act 1985]
(d)an order made by virtue of section 9 of the M5Conjugal Rights (Scotland) (Amendment) Act 1861 or under Part II of the M6Matrimonial Proceedings (Children) Act 1958 [F7or by virtue of Part II of the M7Guardianship Act 1973], and
(e)an order varying any such order as aforesaid.
(2)Where any person has a right to make application for the variation or recall of any order . . . F8to which the provisions of this section apply, he may make an application in that behalf to the sheriff, and, subject to the provisions of the next following subsection, the sheriff shall have the like powers in relation to the application as the Court of Session.
(3)Where in any application under this section any other party to the action, not later than the first calling of the application in court, requests that it be remitted to the Court of Session, the sheriff shall so remit, and the Court of Session shall deal with it accordingly.
(4)Notwithstanding anything in Part I of the M8Public Records (Scotland) Act 1937 (transmission of court records to and from the Keeper of the Records of Scotland etc.), the powers of the Court of Session, conferred by sections 16 and 34 respectively of the M9Administration of Justice (Scotland) Act 1933 to regulate its own procedure and that of the sheriff court, shall include power to provide for the transmission to and from the sheriff court of any process in the action to which an application under this section relates; and for the purposes of the said Act of 1937 and of this section any record of such an application shall be deemed to be a record of the Court of Session.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(6)In this section—
“order” includes a provision in a final decree, but does not include an interim order,
“party” means any person having a right to make application for the variation or recall of the order in question, and
“sheriff” means
[F10(a)in relation to an order under subsection (1)(a), (b) or (c) above or an order varying any such order]the sheriff having jurisdiction over any party on whom the application has to be served, on any of the grounds mentioned in paragraph (a), (b) or (j) of section 6 of the M10Sheriff Courts (Scotland) Act 1907.
[F11(b)in relation to an order mentioned in subsection (1)(d) above or an order varying any such order, the sheriff having jurisdiction under section 9, 10 or 12 of the Family Law Act 1986.]
Textual Amendments
F4Words added by Divorce (Scotland) Act 1976 (c. 39, SIF 49:3), s. 12(1), Sch. 1 para. 3
F5Words added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(2)(3), Sch. 1 para. 7
F6Words added by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 5
F7Words inserted by Guardianship Act 1973 (c. 29), Sch. 5 para. 6
F8Words repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(2), 69, Sch. 2
F9S. 8(5) repealed by Divorce (Scotland) Act 1976 (c. 39, SIF 49:3), Sch. 2
F10Words inserted by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(6), Sch. 1 para. 8(a)
F11Words added by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(6), Sch. 1 para. 8(b)
Modifications etc. (not altering text)
C1S. 8 extended by Domicile and Matrimonial Proceedings Act 1973 (c. 45), s. 10(2)
Marginal Citations
Textual Amendments
Where any Act passed after the commencement of the Statutory Instruments Act 1946, whether before or after the commencement of this Act, confers power on the High Court of Justiciary to make provision in respect of any matter by act of adjournal, or on the Court of Session to make such provision by act of sederunt, any document by which that power is exercised shall, unless the Act conferring the power otherwise provides, be a statutory insrument, and the provisions of the said Act of 1946 shall apply to it as they apply to a statutory instrument made by a Minister of the Crown.
(1)Any reference to this Act to an enactment shall be construed as a reference to that enactment as amended by any other enactment including this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
(3)This Act may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966, and shall extend to Scotland only.
Textual Amendments
F13S. 11(2), Sch. repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Modifications etc. (not altering text)
C2A dagger appended to a marginal note means that it is no longer accurate
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