Paragraph 22

In section 23 (exercise of powers by Court of Session or administrator)—

(a)

for the words “Court of Session” where they appear there shall be substituted the word “ court ”;

(b)

in subsection (1) for the words “11(1) to (5)” there shall be substituted “ 9, 11, 11A ”;

(c)

in subsection (3) for the words from “, so far as” to the end there shall be substituted “ be exercised with a view to realising no more than the value of the gift as assessed in pursuance of section 6(2), (3) or (3A) of this Act ”;

(d)

in subsection (6) the words from “and without” to “family” and the words “(other than an obligation having priority, within the meaning of section 5(8) of this Act)” shall cease to have effect; and

(e)

in subsection (7) for the words from “and” to “11(6)” there shall be substituted “ 28, 28A and 28B ”.

Notes on the whole Act

Textual amendments

F1: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.