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Lands Clauses Consolidation (Scotland) Act 1845
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Version Superseded: 01/11/1996
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7 Parties under disability enabled to sell and convey. U.K.
It shall be lawful for all parties, being possessed of any lands, or any such right or interest therein, to contract for, sell, convey, and dispose of such lands, or of such right therein, to the promoters of the undertaking, and to enter into all necessary agreements for these purposes; and particularly it shall be lawful for the parties following so to do; (that is to say,) all corporations, heirs of entail, life-renters, or persons holding any other partial or qualified estate or interest, married women seised in their own right or entitled to terce or dower, or any other right or interest husbands, tutors, curators, and other guardians for [F1persons under legal disability by reason of nonage][F2persons suffering from mental disorder within the meaning of the M1Mental Health (Scotland) Act 1960], or for persons under any other disability or incapacity, judicial factors, trustees or feoffees in trust for charitable or other purposes, executors, and administrators; and the power so to contract for, sell, convey, and dispose of as aforesaid may lawfully be exercised by all such parties, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion or expectancy after them, and as to such married women as if they were sole, and as to such tutors, curators, guardians, judicial factors, and trustees, on behalf of those for whom they respectively act, whether [F1persons under legal disability by reason of nonage] issue unborn, bankrupts, [F2persons suffering from mental disorder within the meaning of the M2Mental Health (Scotland) Act 1960], married women, or other incapacitated persons, and that to the same extent as such [F1persons under legal disability by reason of nonage] bankrupts, [F2persons suffering from mental disorder within the meaning of the Mental Health (Scotland) Act 1960], married women, and other incapacitated persons respectively could have exercised the same power under the authority of this and the special Act if they had respectively been under no disability.
Textual Amendments
F1Words in s. 7 substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 3 (with s. 1(3))
F2Words substituted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4
Modifications etc. (not altering text)
C1S. 7 excluded by Crofting Reform (Scotland) Act 1976 (c. 21, SIF 2:4), s. 5(1)
C2S. 7 excluded (5.1.1994) by 1993 c. 44, s. 16(1), 64(2)
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