Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
1990 c. 40 · Enacted 1 November 1990 · Extends to United Kingdom
An Act, as respects Scotland, to make new provision for the regulation of charities; to provide for the establishment of a board having functions in connection with the provision of conveyancing and executry services by persons other than solicitors, advocates and incorporated practices; to provide as to rights of audience in courts of law, legal services and judicial appointments, and for the establishment and functions of an ombudsman in relation to legal services; to amend the law relating to liquor licensing; to make special provision in relation to the giving of evidence by children in criminal trials; to empower a sheriff court to try offences committed in the district of a different sheriff court in the same sheriffdom; to provide as to probation and community service orders and the supervision and care of persons on probation and on release from prison and for supervised attendance as an alternative to imprisonment on default in paying a fine; to amend Part I of the Criminal Justice (Scotland) Act 1987 with respect to the registration and enforcement of confiscation orders in relation to the proceeds of drug trafficking; to amend section 24 of the Housing (Scotland) Act 1987; to provide a system for the settlement by arbitration of international commercial disputes; to amend Part II of the Unfair Contract Terms Act 1977; and to make certain other miscellaneous reforms of the law.
[1st November 1990] C1
X1E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act: power to modify conferred (2.4.2001) by 2000 c. 39, s. 7(2); S.I. 2001/766, art. 2(1)(a)
Extent
- E1
Act extends to Scotland but for minor exceptions see s. 75(6)(7)
Editorial notes
- X1
The text of ss. 71, 75 was taken from S.I.F. Group 1 (Agency), ss. 66, 75, Sch 7 from S.I.F. Group 5 (Arbitration), ss. 1–15, 73, 75 from S.I.F. Group 19 (Charities), ss. 72, 74, 75, Sch. 8 para. 33, Sch. 9 from S.I.F. Group 27 (Companies), ss. 35, 74, 75, Sch. 4, Sch. 8 paras. 26, 38 from S.I.F. Group 36:1 (Courts, Scotland), ss. 60–63, 74, 75, Sch. 6, Sch. 8 paras. 27, 28, 30, 37 from S.I.F. Group 39:1 (Criminal Law), ss. 56–59, 70, 75 from S.I.F Group 47 (Evidence), ss. 45–55, 74, 75, Sch. 5, Sch. 8 Pt. I (paras. 1–18), Sch. 9 from S.I.F. Group 68A:2 (Intoxicating Liquor), and ss. 16–44, 64, 65, 67–69, 73–75, Schs. 1–3, Sch. 8 paras. 19–25, 29, 31, 32, 34–36, 39, Sch. 9 from S.I.F. Group 76:2 (Lawyers and Notaries).
Contents
- Part I: Charities
- Recognition of charities
- 1Information as to recognised charities. Repealed
- 2Non-recognised bodies. Repealed
- 3Designated religious bodies. Repealed
- Charities accounts
- 4Duty to keep accounting records. Repealed
- 5Annual accounts and report. Repealed
- Supervision of charities
- 6Powers of Lord Advocate to investigate charities and to suspend trustees. Repealed
- 7Powers of Court of Session to deal with management of charities. Repealed
- 8Disqualification of persons concerned in the management or control of recognised bodies. Repealed
- Reorganisation of public trusts
- 9Reorganisation of public trusts by the court.
- 10Small trusts.
- 11Expenditure of capital.
- Dormant charities
- 12Dormant accounts of charities in banks, etc. Repealed
- Miscellaneous
- 13Appointment of trustees. Repealed
- 14Alteration of purposes and winding-up of charitable companies. Repealed
- Interpretation
- 15Interpretation of Part I, regulations and orders.
- Part II: Legal Services
- Conveyancing and executry services
- 16Regulation by the Law Society of conveyancing and executry services
- 17Conveyancing practitioners.
- 18Executry practitioners.
- 19Executry services by recognised financial institutions. Not yet in force
- 20Professional misconduct, ... etc.
- 20ZARemission of complaint by Tribunal to Council
- 20ZBUnsatisfactory professional conduct
- 20ZCUnsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 20ZB(4)
- 20ZDReport by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers
- 20ZEDirection under section 20ZD(1): appeal by practitioner
- 20AReview of decisions
- 20BUnsatisfactory professional conduct: powers of Tribunal on appeal
- 20CUnsatisfactory professional conduct: enforcement of Council direction
- 20DUnsatisfactory professional conduct: appeal from decisions of Tribunal
- 20EUnsatisfactory professional conduct: powers of court on appeal
- 21Council's intervention powers.
- 21APowers of investigation
- 21BProcedures of the Tribunal etc.
- 21CCompensation fund Repealed
- 22Disclosure of documents etc.
- 23Interpretation of sections 16 to 22.
- Rights of audience
- 24Rights of audience in the Court of Session, the House of Lords, the Judicial Committee of the Privy Council and the High Court of Justiciary.
- 25Rights to conduct litigation and rights of audience.
- 26Consideration of applications made under section 25.
- 27Exercise of rights to conduct litigation and rights of audience.
- 28Surrender of rights to conduct litigation and rights of audience.
- 29Revocation of rights granted under section 26.
- 30Regulation of right of English, Welsh and Northern Irish practitioners to practise in Scotland.
- Rules of conduct
- 31Rules of conduct etc.
- Multi-national practices
- 32Multi-national practices.
- Complaints in relation to legal services
- 33Complaints in relation to legal services. Repealed
- Scottish legal services ombudsman
- 34Scottish legal services ombudsman. Repealed
- 34AOmbudsman’s final report and recommendations. Repealed
- 34BAdvisory functions of ombudsman. Repealed
- Judicial appointments
- 35Judicial appointments.
- Solicitors’ and counsel’s fees
- 36Solicitors’ and counsel’s fees.
- Miscellaneous and supplementary
- 37Admission of solicitors and notaries public.
- 38Availability of legal aid in relation to services provided under this Act.
- 39Removal of certain restrictions on the borrowing of the court process.
- 40Advisory and supervisory functions of the CMA
- 41Investigatory powers of the CMA
- 41AEnforcement of notices under section 41
- 41BAltering, etc. documents required to be produced under section 41
- 42Review of rules approved by the Secretary of State.
- 43Functions of Director in relation to certain rules made under the 1980 Act.
- 44Interpretation of Part II.
- Part III: The Licensing (Scotland) Act 1976
- ...Section ... Repealed
- Part IV: Miscellaneous Reforms
- Evidence by children in criminal trials Not yet in force
- 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 58Identification of accused by child.
- 59Interpretation of sections 56, 57 and 58.
- Sheriff court jurisdiction Not yet in force
- 60Criminal jurisdiction of sheriff court.
- Treatment of offenders
- 61Probation and community service orders and supervision and care of persons on probation or released from prison etc.
- 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Drug trafficking confiscation orders
- 63Registration and enforcement of external confiscation orders.
- Matrimonial interdicts
- 64Matrimonial interdicts.
- Homelessness
- 65Homelessness.
- Arbitration
- 66UNCITRAL Model Law on International Commercial Arbitration. Repealed
- Judicial factors
- 67Further provision as to discharge of judicial factors.
- Avoidance of civil liability by non-contractual notice
- 68Amendment of Unfair Contract Terms Act 1977.
- Liability in respect of services to injured persons
- 69Future services to injured person.
- Blood and other samples in civil proceedings
- 70Blood and other samples in civil proceedings.
- Powers of attorney
- 71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Execution of documents by companies
- 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part V: General
- 73Finance.
- 74Amendments and repeals.
- 75Citation, commencement and extent.
- Schedule 1: Scottish Conveyancing and Executry Services Board
- Part I: Constitution, Duties, Powers and Status Repealed
- Constitution Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Remuneration Repealed
- 7Paragraph 7 Repealed
- Staff Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Proceedings Repealed
- 10Paragraph 10 Repealed
- Performance of functions Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- Accounts Repealed
- 13Paragraph 13 Repealed
- Annual report Repealed
- 14Paragraph 14 Repealed
- Appeals Repealed
- 15Paragraph 15 Repealed
- Compensation Repealed
- 16Paragraph 16 Repealed
- Parliamentary disqualification Repealed
- 17Paragraph 17 Repealed
- Part II: Powers of Investigation Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- Schedule 2: Publication of applications made under section 25
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3: Scottish Legal Services Ombudsman
- ...Paragraph ... Repealed
- Schedule 4: Judicial Appointments
- Appointments of sheriffs principal, sheriffs and solicitors as judges of the Court of Session
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Further provision as to Inner House and exchequer causes
- 4Paragraph 4
- Temporary judges
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Amendments to the Small Landholders (Scotland) Act 1911 (c.49)
- 12Paragraph 12 Repealed
- Schedule 5: Applications for Children’s Certificates
- ...Paragraph ... Repealed
- Schedule 6
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 7: UNCITRAL
- Part ...
- Chapter
- Paragraph Repealed
- Schedule 8: Amendment of Enactments
- Part I: Amendments to the Licensing (Scotland) Act 1976
- ..Paragraph .. Repealed
- Part II: Miscellaneous
- The Probate and Legacy Duties Act 1808 (c. 149)
- 19Paragraph 19
- The Confirmation of Executors (Scotland) Act 1823 (c. 98)
- 20Paragraph 20
- The Judicial Factors Act 1849 (c. 51)
- 21Paragraph 21
- The Confirmation of Executors (Scotland) Act 1858 (c. 56)
- 22Paragraph 22
- The Promissory Oaths Act 1868 (c. 72)
- 23Paragraph 23
- The Intestates Widows and Children (Scotland) Act 1875 (c. 41)
- 24Paragraph 24
- The Small Testate Estates (Scotland) Act 1876 (c. 24)
- 25Paragraph 25
- The Sheriff Courts (Scotland) Act 1971 (c.58)
- 26Paragraph 26
- The Criminal Procedure (Scotland) Act 1975 (c. 21)
- 27Paragraph 27
- The Community Service by Offenders (Scotland) Act 1978 (c. 49)
- 28Paragraph 28
- The Solicitors (Scotland) Act 1980 (c. 46)
- 29Paragraph 29
- The Criminal Justice (Scotland) Act 1980 (c. 62)
- 30Paragraph 30
- The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
- 31Paragraph 31
- The Representation of the People Act 1983 (c. 2)
- 32Paragraph 32
- The Companies Act 1985 (c. 6)
- 33Paragraph 33 Repealed
- The Family Law (Scotland) Act 1985 (c.37)
- 34Paragraph 34
- The Insolvency Act 1986 (c. 45)
- 35Paragraph 35
- The Legal Aid (Scotland) Act 1986 (c. 47)
- 36Paragraph 36
- The Criminal Justice (Scotland) Act 1987 (c. 41)
- 37Paragraph 37
- The Court of Session Act 1988 (c. 36)
- 38Paragraph 38
- The Antarctic Minerals Act 1989 (c. 21)
- 39Paragraph 39 Repealed
- Schedule 9Repeals