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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

1990 CHAPTER 40

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Charities

    1. Recognition of charities

      1. 1. Information as to recognised charities.

      2. 2. Non-recognised bodies.

      3. 3. Designated religious bodies.

    2. Charities accounts

      1. 4. Duty to keep accounting records.

      2. 5. Annual accounts and report.

    3. Supervision of charities

      1. 6. Powers of Lord Advocate to investigate charities and to suspend trustees.

      2. 7. Powers of Court of Session to deal with management of charities.

      3. 8. Disqualification of persons concerned in the management or control of recognised bodies.

    4. Reorganisation of public trusts

      1. 9. Reorganisation of public trusts by the court.

      2. 10. Small trusts.

      3. 11. Expenditure of capital.

    5. Dormant charities

      1. 12. Dormant accounts of charities in banks, etc.

    6. Miscellaneous

      1. 13. Appointment of trustees.

      2. 14. Alteration of purposes and winding-up of charitable companies.

    7. Interpretation

      1. 15. Interpretation of Part I, regulations and orders.

  2. Part II

    Legal Services

    1. Conveyancing and executry services

      1. 16. The Scottish Conveyancing and Executry Services Board.

      2. 17. Qualified conveyancers.

      3. 18. Executry practitioners.

      4. 19. Executry services by recognised financial institutions.

      5. 20. Professional misconduct, inadequate professional services, etc.

      6. 21. Board’s intervention powers.

      7. 22. Disclosure of documents etc.

      8. 23. Interpretation of sections 16 to 22.

    2. Rights of audience

      1. 24. Rights of audience in the Court of Session, the House of Lords, the Judicial Committee of the Privy Council and the High Court of Justiciary.

      2. 25. Rights to conduct litigation and rights of audience.

      3. 26. Consideration of applications made under section 25.

      4. 27. Exercise of rights to conduct litigation and rights of audience.

      5. 28. Surrender of rights to conduct litigation and rights of audience.

      6. 29. Revocation of rights granted under section 26.

      7. 30. Regulation of right of English, Welsh and Northern Irish practitioners to practise in Scotland.

    3. Rules of conduct

      1. 31. Rules of conduct etc.

    4. Multi-national practices

      1. 32. Multi-national practices.

    5. Complaints in relation to legal services

      1. 33. Complaints in relation to legal services.

    6. Scottish legal services ombudsman

      1. 34. Scottish legal services ombudsman.

    7. Judicial appointments

      1. 35. Judicial appointments.

    8. Solicitors' and counsel’s fees

      1. 36. Solicitors' and counsel’s fees.

    9. Miscellaneous and supplementary

      1. 37. Admission of solicitors and notaries public.

      2. 38. Availability of legal aid in relation to services provided under this Act.

      3. 39. Removal of certain restrictions on the borrowing of the court process.

      4. 40. Advisory and supervisory functions of the Director.

      5. 41. Investigatory powers of the Director.

      6. 42. Review of rules approved by the Secretary of State.

      7. 43. Functions of Director in relation to certain rules made under the 1980 Act.

      8. 44. Interpretation of Part II.

  3. Part III

    The Licensing (Scotland) Act 1976

    1. Times of opening

      1. 45. Permitted hours.

      2. 46. Sunday opening of licensed premises.

      3. 47. Regular extensions of permitted hours.

      4. 48. Restriction orders.

    2. Children’s certificates

      1. 49. Children’s certificates.

      2. 50. Suspension of children’s certificate.

    3. Transfer of licences

      1. 51. Transfer of licences.

    4. Wholesale selling of alcoholic liquor

      1. 52. Wholesale selling of alcoholic liquor.

    5. Observations by Chief Constable

      1. 53. Observations by chief constable in relation to applications.

    6. Supervision of sales by persons over 18

      1. 54. Supervision of sales of liquor in off-sale premises by persons 18 or over.

    7. Presumption as to contents of containers

      1. 55. Presumption as to contents of containers.

  4. Part IV

    Miscellaneous Reforms

    1. Evidence by children in criminal trials

      1. 56. Evidence of children through television link in criminal proceedings.

      2. 57. Transfer of cases in which child’s evidence is to be given through television link.

      3. 58. Identification of accused by child.

      4. 59. Interpretation of sections 56, 57 and 58.

    2. Sheriff court jurisdiction

      1. 60. Criminal jurisdiction of sheriff court.

    3. Treatment of offenders

      1. 61. Probation and community service orders and supervision and care of persons on probation or released from prison etc.

      2. 62. Supervised attendance orders as alternative to imprisonment on fine default.

    4. Drug trafficking confiscation orders

      1. 63. Registration and enforcement of external confiscation orders.

    5. Matrimonial interdicts

      1. 64. Matrimonial interdicts.

    6. Homelessness

      1. 65. Homelessness.

    7. Arbitration

      1. 66. UNCITRAL Model Law on International Commercial Arbitration.

    8. Judicial factors

      1. 67. Further provision as to discharge of judicial factors.

    9. Avoidance of civil liability by non-contractual notice

      1. 68. Amendment of Unfair Contract Terms Act 1977.

    10. Liability in respect of services to injured persons

      1. 69. Future services to injured person.

    11. Blood and other samples in civil proceedings

      1. 70. Blood and other samples in civil proceedings.

    12. Powers of attorney

      1. 71. Effect of mental incapacity on powers of attorney etc.

    13. Execution of documents by companies

      1. 72. Execution of documents by companies.

  5. Part V

    General

    1. 73. Finance.

    2. 74. Amendments and repeals.

    3. 75. Citation, commencement and extent.

    1. Schedule 1

      Scottish Conveyancing and Executry Services Board.

      1. Part I

        Constitution, Duties, Powers and Status.

      2. Part II

        Powers of Investigation.

    2. Schedule 2

      Publication of Applications made under Section 25.

    3. Schedule 3

      Scottish Legal Services Ombudsman.

    4. Schedule 4

      Judicial Appointments.

    5. Schedule 5

      Applications for Children’s Certificates.

    6. Schedule 6

      Supervised Attendance Orders: Further Provisions.

    7. Schedule 7

      UNCITRAL.

    8. Schedule 8

      Amendment of Enactments.

      1. Part I

        Amendments to the Licensing (Scotland) Act 1976.

      2. Part II

        Miscellaneous.

    9. Schedule 9

      Repeals.

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]

Be 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:—

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