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The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 13) Order 1996

S.I. 1996/2894 · Made 6 November 1996

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL PROFESSION

Made 6th November 1996

The Secretary of State, in exercise of the powers conferred upon him by section 75(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1990 c. 40.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Commencement
  4. Signature
  5. Schedule THE PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 5TH DECEMBER 1996
  6. Explanatory note

1Citation

This Order may be cited as the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 13) Order 1996.

2Interpretation

In this Order—

  • “the Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and

  • “the Board” means the Scottish Conveyancing and Executry Services Board.

3Commencement

The prvisions of the Act, which are specified in column 1 of the Schedule to this Order, and described by refernece to the subject matter in column 2 of that Schedule, shall come into force on 5th December 1996 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.

Signature

James Duglas-Hamilton

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

6th November 1996

THE PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 5TH DECEMBER 1996

Column 1Column 2Column 3
Provisions of the ActSubject matterPurpose
Section 17, in so far as not already in forceQualified conveyancers
Section 18, in so far as not already in forceExecutry practitioners
Section 20Professional misconduct, inadequate professional services, etc
Section 21Board’s intervention powers
Section 22, except subsection (1)(b) and (2)(c)Disclosure of documents etc
In section 34—subsection (9)(d), (e) and (g)Scottish legal services ombudsman
In Schdeule 1, Part IIBoard’s powers of investigation
Section 74Amendments and repealsOnly for the prpose of bringing into force the provisions of Schedules 8 and 9 of the Act specified or referred to in column 1 below
In Schedule 8, paragraphs—Amendments of enactments
19 and 20
22(1)For all purpses, except in relation to a recognised financial instutution
22(2)
24 and 25
29(5) and (6)(b), insofar as not already in forceFor all purpses, except in relation to a recognised financial institution
In Schedule 9—the repeals specified in the table belowRepeals

TABLE

REPEALS

ChapterShort titleExtend of Repeals
1808 c. 149.The Probate and Legacy Duties Act 1808.In section 38, the words from “(which oath” to “administer”).
1858 c. 56.The Confirmation of Executors (Scotland) Act 1858.Section 11.
1875 c. 41.The Intestates Widows and Children (Scotland) Act 1875In section 6, the words from the beginning to “affirmations”.
In Schedule A, the words from “All which” to the end.
1876 c. 24.The Small Testate Estates (Scotland) Act 1876Section 6.
In Schedule A, the words from “All which” to the end.
1900 c. 55.The Executors (Scotland) Act 1900.Section 8.

Explanatory note

(This note is not part of the Order)

This Order appoints 5th December 1996 for the coming into force of the provisons of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 which are specified in the Schedule to the Order insofar as these are not already in force.