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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Changes to legislation:

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part I Charities

    1. Recognition of charities

      1. 1. Information as to recognised charities.

      2. 2. Non-recognised bodies.

      3. 3. Designated religious bodies.

    2. Charities accounts

      1. 4. Duty to keep accounting records.

      2. 5. Annual accounts and report.

    3. Supervision of charities

      1. 6. Powers of Lord Advocate to investigate charities and to suspend trustees.

      2. 7. Powers of Court of Session to deal with management of charities.

      3. 8. Disqualification of persons concerned in the management or control of recognised bodies.

    4. Reorganisation of public trusts

      1. 9. Reorganisation of public trusts by the court.

      2. 10. Small trusts.

      3. 11. Expenditure of capital.

    5. Dormant charities

      1. 12. Dormant accounts of charities in banks, etc.

    6. Miscellaneous

      1. 13. Appointment of trustees.

      2. 14. Alteration of purposes and winding-up of charitable companies.

    7. Interpretation

      1. 15. Interpretation of Part I, regulations and orders.

  3. Part II Legal Services

    1. Conveyancing and executry services

      1. 16.Regulation by the Law Society of conveyancing and executry services

      2. 17. Conveyancing practitioners.

      3. 18. Executry practitioners.

      4. 19. Executry services by recognised financial institutions.

      5. 20. Professional misconduct, ... etc.

      6. 20ZA.Remission of complaint by Tribunal to Council

      7. 20ZB.Unsatisfactory professional conduct

      8. 20ZC.Unsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 20ZB(4)

      9. 20ZD.Report by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers

      10. 20ZE.Direction under section 20ZD(1): appeal by practitioner

      11. 20A.Review of decisions

      12. 20B.Unsatisfactory professional conduct: powers of Tribunal on appeal

      13. 20C.Unsatisfactory professional conduct: enforcement of Council direction

      14. 20D.Unsatisfactory professional conduct: appeal from decisions of Tribunal

      15. 20E.Unsatisfactory professional conduct: powers of court on appeal

      16. 21. Council's intervention powers.

      17. 21A.Powers of investigation

      18. 21B. Procedures of the Tribunal etc.

      19. 21C.Compensation fund

      20. 22. Disclosure of documents etc.

      21. 23. Interpretation of sections 16 to 22.

    2. Rights of audience

      1. 24. Rights of audience in the Court of Session, the House of Lords, the Judicial Committee of the Privy Council and the High Court of Justiciary.

      2. 25. Rights to conduct litigation and rights of audience.

      3. 26. Consideration of applications made under section 25.

      4. 27. Exercise of rights to conduct litigation and rights of audience.

      5. 28. Surrender of rights to conduct litigation and rights of audience.

      6. 29. Revocation of rights granted under section 26.

      7. 30. Regulation of right of English, Welsh and Northern Irish practitioners to practise in Scotland.

    3. Rules of conduct

      1. 31. Rules of conduct etc.

    4. Multi-national practices

      1. 32. Multi-national practices.

    5. Complaints in relation to legal services

      1. 33. Complaints in relation to legal services.

    6. Scottish legal services ombudsman

      1. 34. Scottish legal services ombudsman.

      2. 34A. Ombudsman’s final report and recommendations.

      3. 34B. Advisory functions of ombudsman.

    7. Judicial appointments

      1. 35. Judicial appointments.

    8. Solicitors’ and counsel’s fees

      1. 36. Solicitors’ and counsel’s fees.

    9. Miscellaneous and supplementary

      1. 37. Admission of solicitors and notaries public.

      2. 38. Availability of legal aid in relation to services provided under this Act.

      3. 39. Removal of certain restrictions on the borrowing of the court process.

      4. 40. Advisory and supervisory functions of the CMA

      5. 41. Investigatory powers of the CMA

      6. 41A.Enforcement of notices under section 41

      7. 41B.Altering, etc. documents required to be produced under section 41

      8. 42. Review of rules approved by the Secretary of State.

      9. 43. Functions of Director in relation to certain rules made under the 1980 Act.

      10. 44. Interpretation of Part II.

  4. Part III The Licensing (Scotland) Act 1976

    1. .... The Licensing (Scotland) Act 1976

  5. Part IV Miscellaneous Reforms

    1. Evidence by children in criminal trials

      1. 56. Evidence of children through television link in criminal proceedings.

      2. 57. Transfer of cases in which child’s evidence is to be given through television link.

      3. 58. Identification of accused by child.

      4. 59.Interpretation of sections 56, 57 and 58.

    2. Sheriff court jurisdiction

      1. 60. Criminal jurisdiction of sheriff court.

    3. Treatment of offenders

      1. 61. Probation and community service orders and supervision and care of persons on probation or released from prison etc.

      2. 62. Supervised attendance orders as alternative to imprisonment on fine default.

    4. Drug trafficking confiscation orders

      1. 63. Registration and enforcement of external confiscation orders.

    5. Matrimonial interdicts

      1. 64. Matrimonial interdicts.

    6. Homelessness

      1. 65. Homelessness.

    7. Arbitration

      1. 66. UNCITRAL Model Law on International Commercial Arbitration.

    8. Judicial factors

      1. 67. Further provision as to discharge of judicial factors.

    9. Avoidance of civil liability by non-contractual notice

      1. 68. Amendment of Unfair Contract Terms Act 1977.

    10. Liability in respect of services to injured persons

      1. 69. Future services to injured person.

    11. Blood and other samples in civil proceedings

      1. 70. Blood and other samples in civil proceedings.

    12. Powers of attorney

      1. 71. Effect of mental incapacity on powers of attorney etc.

    13. Execution of documents by companies

      1. 72. Execution of documents by companies.

  6. Part V General

    1. 73. Finance.

    2. 74. Amendments and repeals.

    3. 75. Citation, commencement and extent.

  7. SCHEDULES

    1. SCHEDULE 1

      Scottish Conveyancing and Executry Services Board

      1. Part I Constitution, Duties, Powers and Status

        1. Constitution

          1. 1. Scottish Conveyancing and Executry Services Board

          2. 2. Scottish Conveyancing and Executry Services Board

          3. 3. Scottish Conveyancing and Executry Services Board

          4. 4. Scottish Conveyancing and Executry Services Board

          5. 5. Scottish Conveyancing and Executry Services Board

          6. 6. Scottish Conveyancing and Executry Services Board

        2. Remuneration

          1. 7. Scottish Conveyancing and Executry Services Board

        3. Staff

          1. 8. Scottish Conveyancing and Executry Services Board

          2. 9. Scottish Conveyancing and Executry Services Board

        4. Proceedings

          1. 10. Scottish Conveyancing and Executry Services Board

        5. Performance of functions

          1. 11. Scottish Conveyancing and Executry Services Board

          2. 12. Scottish Conveyancing and Executry Services Board

        6. Accounts

          1. 13. Scottish Conveyancing and Executry Services Board

        7. Annual report

          1. 14. Scottish Conveyancing and Executry Services Board

        8. Appeals

          1. 15. Scottish Conveyancing and Executry Services Board

        9. Compensation

          1. 16. Scottish Conveyancing and Executry Services Board

        10. Parliamentary disqualification

          1. 17. Scottish Conveyancing and Executry Services Board

      2. Part II Powers of Investigation

        1. 18. Scottish Conveyancing and Executry Services Board

        2. 19. Scottish Conveyancing and Executry Services Board

        3. 20. Scottish Conveyancing and Executry Services Board

    2. SCHEDULE 2

      Publication of applications made under section 25

      1. 1.Any professional or other body making an application under section...

      2. 2.Any person may make written representations concerning any draft scheme...

      3. 3.At the same time as an application under section 25...

      4. 4.An advertisement such as referred to in paragraph 3 above...

    3. SCHEDULE 3

      Scottish Legal Services Ombudsman

      1. .... Scottish Legal Services Ombudsman

    4. SCHEDULE 4

      Judicial Appointments

      1. Appointments of sheriffs principal, sheriffs and solicitors as judges of the Court of Session

        1. 1.The following categories of person shall, in accordance with this...

        2. 2.Paragraph 1(a) above shall not confer any eligibility for appointment...

        3. 3.Paragraphs 1 and 2 above are without prejudice to any...

      2. Further provision as to Inner House and exchequer causes

        1. 4.(1) The Court of Session Act 1988 shall be amended...

      3. Temporary judges

        1. 5.(1) Any person who is eligible under—

        2. 6.Subject to paragraph 7 below, a person appointed as a...

        3. 7.Subject to paragraph 8 below, a person shall not, by...

        4. 8.A person appointed to be a temporary judge of the...

        5. 9.Notwithstanding the expiry of any period for which a person...

        6. 10.The Scottish Court Service may pay to a person appointed...

        7. 11.The appointment of a person to act as a temporary...

      4. Amendments to the Small Landholders (Scotland) Act 1911 (c.49)

        1. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. SCHEDULE 5

      Applications for Children’s Certificates

      1. .... Applications for Children’s Certificates

    6. SCHEDULE 6

      1. 1.(1) A court shall not make a supervised attendance order...

      2. 2.(1) A supervised attendance order shall— (a) specify the locality...

      3. 3.(1) An offender in respect of whom a supervised attendance...

      4. 4.(1) If at any time while a supervised attendance order...

      5. 5.(1) Where a supervised attendance order is in force in...

      6. 6.(1) The Secretary of State may make rules for regulating...

      7. 7.The Secretary of State shall lay before Parliament each year,...

      8. 8.In section 27 of the Social Work (Scotland) Act 1968...

      9. 9.(1) In this Schedule— “the appropriate court”, in relation to...

    7. SCHEDULE 7

      UNCITRAL

      1. ...

        1. ...

          1. ...

    8. SCHEDULE 8

      Amendment of Enactments

      1. Part I Amendments to the Licensing (Scotland) Act 1976

        1. ... Amendments to the Licensing (Scotland) Act 1976

      2. Part II Miscellaneous

        1. The Probate and Legacy Duties Act 1808 (c. 149)

          1. 19.In section 38 of the Probate and Legacy Duties Act...

        2. The Confirmation of Executors (Scotland) Act 1823 (c. 98)

          1. 20.(1) In section 3 of the Confirmation of Executors (Scotland)...

        3. The Judicial Factors Act 1849 (c. 51)

          1. 21.(1) In section 5 (factor to lodge monies in one...

        4. The Confirmation of Executors (Scotland) Act 1858 (c. 56)

          1. 22.(1) In section 2 of the Confirmation of Executors (Scotland)...

        5. The Promissory Oaths Act 1868 (c. 72)

          1. 23.In the second part of the Schedule to the Promissory...

        6. The Intestates Widows and Children (Scotland) Act 1875 (c. 41)

          1. 24.(1) In section 3 of the Intestates Widows and Children...

        7. The Small Testate Estates (Scotland) Act 1876 (c. 24)

          1. 25.(1) In section 3 of the Small Testate Estates (Scotland)...

        8. The Sheriff Courts (Scotland) Act 1971 (c.58)

          1. 26.(1) For subsection (1) of section 33 (Sheriff Court Rules...

        9. The Criminal Procedure (Scotland) Act 1975 (c. 21)

          1. 27.(1) The Criminal Procedure (Scotland) Act 1975 shall be amended...

        10. The Community Service by Offenders (Scotland) Act 1978 (c. 49)

          1. 28.In section 4 of the Community Service by Offenders (Scotland)...

        11. The Solicitors (Scotland) Act 1980 (c. 46)

          1. 29.(1) The Solicitors (Scotland) Act 1980 shall be amended as...

        12. The Criminal Justice (Scotland) Act 1980 (c. 62)

          1. 30.(1) For section 76 of the Criminal Justice (Scotland) Act...

        13. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

          1. 31.(1) In section 6(3)(e) of the Matrimonial Homes (Family Protection)...

        14. The Representation of the People Act 1983 (c. 2)

          1. 32.Section 42(3)(b) of the Representation of the People Act 1983...

        15. The Companies Act 1985 (c. 6)

          1. 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        16. The Family Law (Scotland) Act 1985 (c.37)

          1. 34.In section 8(1) of the Family Law (Scotland) Act 1985...

        17. The Insolvency Act 1986 (c. 45)

          1. 35.Section 53(3) of the Insolvency Act 1986 (execution of instrument...

        18. The Legal Aid (Scotland) Act 1986 (c. 47)

          1. 36.(1) In subsection (3) of section 4 (Scottish Legal Aid...

        19. The Criminal Justice (Scotland) Act 1987 (c. 41)

          1. 37.In section 6(1) of the Criminal Justice (Scotland) Act 1987...

        20. The Court of Session Act 1988 (c. 36)

          1. 38.For section 48 (limited right of audience of solicitor before...

        21. The Antarctic Minerals Act 1989 (c. 21)

          1. 39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. SCHEDULE 9

      Repeals

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