- Latest available (Revised)
- Point in Time (01/03/2001)
- Original (As enacted)
Point in time view as at 01/03/2001.
Children (Scotland) Act 1995, Cross Heading: Age of Legal Capacity (Scotland) Act 1991 (c. 50) is up to date with all changes known to be in force on or before 21 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
53(1)The Age of Legal Capacity (Scotland) Act 1991 shall be amended in accordance with this paragraph.S
(2)In section 1(3) (age of legal capacity)—
(a)in sub-paragraph (i) of paragraph (f), for the words “who has no guardian or whose guardian” substitute “ 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 ”; and
(b)in paragraph (g), for sub-paragraphs (i) and (ii) substitute “ 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. ”.
(3)In section 2 (exceptions to the general rule), after subsection (4) insert—
“(4A)A person under the age of sixteen years shall have legal capacity to instruct a solicitor, in connection with any civil matter, where that person has a general understanding of what it means to do so; and without prejudice to the generality of this subsection a person twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding.
(4B)A person who by virtue of subsection (4A) above has legal capacity to instruct a solicitor shall also have legal capacity to sue, or to defend, in any civil proceedings.
(4C)Subsections (4A) and (4B) above are without prejudice to any question of legal capacity arising in connection with any criminal matter.”.
(4)In section 5(1) (construction of references to “tutor”)—
(a)the words “or tutory” shall cease to have effect; and
(b)for the words from “the guardian”, where they first appear, to the end substitute “ a person entitled to act as a child’s legal representative (within the meaning of Part I of the Children (Scotland) Act 1995), and any reference to the tutory of such a child shall be construed as a reference to the entitlement to act as a child’s legal representative enjoyed by a person by, under or by virtue of the said Part I. ”.
(5)In section 5(2) (restriction on appointment of guardian to person under sixteen), for the words from “section 3” to the end substitute “ section 7 of the Children (Scotland) Act 1995. ”.
Commencement Information
I1Sch. 4 para. 53 wholly in force at 1.11.1996; Sch. 4 para. 53 not in force at Royal Assent see s. 105(1); Sch. 4 para. 53(1)(3) in force at 1.11.1995 by S.I. 1995/2787, art. 3, Sch.; Sch. 4 para. 53(2)(4)(5) in force at 1.11.1996 by S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7) (as amended (19.1.1997) by S.I. 1997/137, art. 2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: