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Lands Clauses Consolidation (Scotland) Act 1845
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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, [F1persons who, within the meaning of Part I of the Children (Scotland) Act 1995, are entitled to act as the legal representatives of a child,] tutors, curators, and other guardians for F2. . . [F3persons 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 [F4legal representatives,] tutors, curators, guardians, judicial factors, and trustees, on behalf of those for whom they respectively act, whether F2. . . issue unborn, bankrupts, [F3persons 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 F2. . . bankrupts, [F3persons 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 inserted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 1(2)(a); S.I. 1996/2203, art. 3(3), Sch.
F2Words in s. 7 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 1(2)(b)(c)(e), Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/2203, art. 3(3), Sch. (which repealed words were substituted for words originally enacted by 1991 c. 50, Sch. 1 para. 3)
F3Words substituted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4
F4Words in s. 7 inserted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 1(2)(d) (with Sch. 3 paras. 4, 6); S.I. 1996/2203, art. 3(3), Sch.
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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