Statutory Instruments
CHARITIES
LEGAL PROFESSION
CRIMINAL LAW, SCOTLAND
Made
3rd July 1992
The Secretary of State, in exercise of the powers conferred upon him by section 75(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990((1)) and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 10) Order 1992.
2. In this Order—
“the Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
3. The provisions of the Act which are specified in column 1 of Schedule 1 to this Order, and described by reference to the subject matter in column 2 of that Schedule shall, in so far as they are not then in force, come into force on 4th July 1992 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
4. The provisions of the Act which are specified in column 1 of Schedule 2 to this Order, and described by reference to the subject matter in column 2 of that Schedule shall, in so far as they are not then in force, come into force on 20th July 1992 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
5. The provisions of the Act which are specified in column 1 of Schedule 3 to this Order, and described by reference to the subject matter in column 2 of that Schedule shall, in so far as they are not then in force, come into force on 27th July 1992.
6. The provisions of the Act which are specified in column 1 of Schedule 4 to this Order, and described by reference to the subject matter in column 2 of that Schedule shall, in so far as they are not then in force, come into force on 30th September 1992.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
3rd July 1992
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 3(1) | Designated religious bodies | Only for the purpose of bringing into force the power to make an order |
| Section 4(4) | Duty to keep accounting records | |
| Section 5(3) and (5) | Annual accounts and report | |
| Section 7(5) | Powers of Court of Session to deal with management of charities | Only for the purpose of bringing into force the power to make regulations |
| Section 9(5) | Re-organisation of public trusts by the court | Only for the purpose of bringing into force the power to make orders |
| Section 15(5)(b) and (d) | Interpretation of Part I, regulations and orders | Only for the purpose of bringing into force the power to make orders |
| Section 15(11) | Interpretation of Part I, regulations and orders | |
| Section 36(2) | Solicitors' and counsel’s fees | Only for the purpose of bringing into force the power to make an act of sederunt |
| Section 36(3) | Solicitors' and counsel’s fees | Only for the purpose of bringing into force the power to make the act of sederunt under section 61A of the Solicitors' (Scotland) Act 1980 (c. 46) |
Article 4
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section 36(1) to(3) | Solicitors' and counsel’s fees | |
| Section 37 | Admission of solicitors and notaries public | |
| Section 74(1) | Amendments | Only for the purpose of bringing into force the provisions of Schedule 8 to the Act specified or referred to in this Schedule. |
| In Schedule 8, paragraph 30 | Amendment of Enactments |
Article 5
| Column 1 | Column 2 |
|---|---|
| Section 1 | Information as to recognised charities |
| Section 2 | Non-recognised bodies |
| Section 3 | Designated religious bodies |
| Section 6 | Powers of Lord Advocate to investigate charities and to suspend trustees |
| Section 7 | Powers of Court of Session to deal with management of charities |
| Section 8 | Disqualification of persons concerned in the management or control of recognised bodies |
| Section 9 | Reorganisation of public trusts by the court |
| Section 13 | Appointment of trustees |
| Section 14 | Alteration of purposes and winding-up of charitable companies |
| Section 15 | Interpretation of Part I, regulations and orders |
Article 6
| Column 1 | Column 2 |
|---|---|
| Section 4 | Duty to keep accounting records |
| Section 5 | Annual accounts and report |
(This note is not part of the Order)
This Order appoints various dates as noted below for the coming into force of certain of the provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Article 3 appoints 4th July 1992 as the date for the coming into force of the provisions of the Act which are specified in Schedule 1 to the Order.
Article 4 appoints 20th July 1992 as the date for the coming into force of the provisions of the Act which are specified in Schedule 2 to the Order;
Article 5 appoints 27th July 1992 as the date for the coming into force of the provisions of the Act which are specified in Schedule 3 to the Order; and
Article 6 appoints 30th September 1992 as the date for the coming into force of the provisions of the Act which are specified in Schedule 4 to the Order.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by Commencement Order made before the date of this Order:
| Provisions | Date of Commencement | S.I. No |
|---|---|---|
| Sections 63, 72, 74(partially), 75 and Schedules 8 (partially) and 9 (partially) | 1.12.1990 | 1990/2328 |
| Sections 64, 65, 74 (partially) and Schedules 8 (partially) and 9 (partially) | 1.1.1991 | 1990/2624 |
| Section 69 | 1.3.1991 | 1991/330 |
| Sections 68, 74 (partially) and Schedule 9 (partially) | 1.4.1991 | 1991/330 |
| Sections 16, 23, 34 (partially), 35, 44, 73 (partially), 74 (partially) and Schedules 1 (partially), 3, 4 and 8 (partially) | 1.4.1991 | 1991/822 |
| Sections 61 and 62 and Schedules 6 and 8 (partially) | 1.4.1991 | 1991/850 |
| Sections 24, 30, 33, 34 (partially), 43, 74 (partially) and Schedules 8 (partially) and 9 (partially) | 3.6.1991 | 1991/1252 |
| Section 74 (partially) and Schedule 9 (partially) | 15.8.1991 | 1991/1252 |
| Section 74 (partially) and Schedules 8 (partially) and 9 (partially) | 26.8.1991 | 1991/1903 |
| Sections 17 (partially), 18 (partially), 38, 39,40, 41, 42, 56 (partially), 57 (partially), 58 (partially), 59 (partially), 60, 74 (partially) and Schedules 8 (partially) and 9 (partially) | 30.9.1991 | 1991/2151 |
| Section 74 (partially) and Schedule 8 (partially) | 31.12.1991 | 1991/2862 |