Age of Legal Capacity (Scotland) Act 1991

1 Age of legal capacity. S

(1) As from the commencement of this Act—

(a) a person under the age of 16 years shall, subject to section 2 below, have no legal capacity to enter into any transaction;

(b) a person of or over the age of 16 years shall have legal capacity to enter into any transaction.

(2) Subject to section 8 below, any reference in any enactment to a pupil (other than in the context of education or training) or to a person under legal disability or incapacity by reason of nonage shall, insofar as it relates to any time after the commencement of this Act, be construed as a reference to a person under the age of 16 years.

(3) Nothing in this Act shall—

(a) apply to any transaction entered into before the commencement of this Act;

(b) confer any legal capacity on any person who is under legal disability or incapacity other than by reason of nonage;

(c) affect the delictual or criminal responsibility of any person;

(d) affect any enactment which lays down an age limit expressed in years for any particular purpose;

(e) prevent any person under the age of 16 years from receiving or holding any right, title or interest;

(f) affect any existing rule of law or practice whereby—

(i) any civil proceedings may be brought or defended, or any step in civil proceedings may be taken, in the name of a person under the age of 16 years [F1 in relation to whom there is no person entitled to act as his legal representative (within the meaning of Part I of the Children (Scotland) Act 1995), or where there is such a person] is unable (whether by reason of conflict of interest or otherwise) or refuses to bring or defend such proceedings or take such step;

(ii) the court may, in any civil proceedings, appoint a curator ad litem to a person under the age of 16 years;

(iii) the court may, in relation to the approval of an arrangement under section 1 of the M1 Trusts (Scotland) Act 1961, appoint a curator ad litem to a person of or over the age of 16 years but under the age of 18 years;

(iv) the court may appoint a curator bonis to any person;

(g) prevent any person under the age of 16 years from [F2 exercising parental responsibilities and parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to any child of his.]

(4) Any existing rule of law relating to the legal capacity of minors and pupils which is inconsistent with the provisions of this Act shall cease to have effect.

(5) Any existing rule of law relating to reduction of a transaction on the ground of minority and lesion shall cease to have effect.

Textual Amendments

F1 Words in s. 1(3)(f)(i) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 53(2)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F2 Words in s. 1(3)(g) substituted for s. 1(3)(g)(i)(ii) (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 53(2)(b) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

Marginal Citations

M1 1961 c. 57.