Office of Public Sector Information

“Exemption from liability for damages

11A Neither the Society nor any of its officers or servants shall be liable in damages for anything done or omitted in the discharge or purported discharge of its functions unless the act or omission is shown to have been in bad faith.”

(17) In Schedule 4 (constitution, procedure and powers of Tribunal)—

(a) in paragraph 1—

(i) in sub-paragraph (a), at the end there shall be inserted the words “appointed by the Lord President;”

(ii) in sub-paragraph (b), for the word “4” there shall be substituted the word “8”;

(iii) at the end of sub-paragraph (b) there shall be inserted the words “appointed by the Lord President after consultation with the Secretary of State.”; and

(iv) the words “appointed by the Lord President”, where they appear at the end of that paragraph, shall cease to have effect;

(b) in paragraph 2—

(i) after the words “Lord President” there shall be inserted the words “after consultation with the Secretary of State”; and

(ii) for the words “so re-appointed” there shall be substituted the words “re-appointed by the Lord President”;

(c) in paragraph 3, after the words “as the case may be,” there shall be inserted the words “after consultation with the Secretary of State,”;

(d) in paragraph 14, for the words from “may be published” to the end there shall be substituted the words “shall, subject to paragraph 14A, be published in full”;

(e) after paragraph 14 there shall be inserted the following paragraph—

“14A In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than—

(a) the solicitor against whom the complaint was made; or

(b) his partners; or

(c) his or their families,

but where they so refrain they shall publish their reasons for so doing.”;

(f) in paragraph 17—

(i) the words from “also” to “before the order” shall cease to have effect;

(ii) after the words “and shall” there shall be inserted the words “, without prejudice to paragraph 14,”; and

(iii) the words from “and in such other manner” to the end shall cease to have effect; and

(g) after paragraph 18 there shall be inserted the following paragraph—

“18A Without prejudice to paragraph 18, the Council shall ensure that a copy of every decision published under paragraph 14 is open for inspection at the office of the Society during office hours by any person without payment of any fee.”.

The Criminal Justice (Scotland) Act 1980 (c. 62)

30 (1) For section 76 of the Criminal Justice (Scotland) Act 1980 (presumption as to the contents of containers) there shall be substituted the following section—

“76 Presumption as to contents of container

Section 127 of the Licensing (Scotland) Act 1976 shall apply for the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act as it applies for the purposes of any trial in connection with an alleged contravention of any provision of that Act.”

(2) Nothing in this paragraph shall apply to the prosecution of any person for an offence committed before the commencement of this paragraph.

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

31 (1) In section 6(3)(e) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (occupancy rights after dealing with third parties)—

(a) the words “, at or before the time of the dealing,” shall cease to have effect; and

(b) in sub-paragraph (i)—

(i) after the word “not” there shall be inserted “or were not at the time of the dealing”; and

(ii) after the word “has” there shall be inserted “or had”.

(2) In section 8 of that Act (interests of heritable creditors)—

(a) in subsection (2), the words “before the granting of the loan” shall cease to have effect; and

(b) in subsection (2A)—

(i) the words “at or before the granting of the security” shall cease to have effect;

(ii) after the word “not” in paragraph (a) there shall be inserted “or were not at the time of the granting of the security”; and

(iii) after the word “has” in paragraph (a) there shall be inserted “or had”.

The Representation of the People Act 1983 (c. 2)

32 Section 42(3)(b) of the Representation of the People Act 1983 (nomination paper in local election to contain statement of acceptance of office) shall cease to have effect.

The Companies Act 1985 (c. 6)

33 (1) The Companies Act 1985 shall be amended as follows.

(2) In section 38(1) (appointment of attorney to execute deeds abroad), the words “under the law of England and Wales” shall cease to have effect.

(3) In section 39(3) (official seal for use abroad), the words “or, in the case of a company registered in Scotland, subscribed in accordance with section 36B,” shall cease to have effect.

(4) In section 186 (share certificate to be evidence of title), the words “(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)” shall cease to have effect.

(5) In section 188(2) (issue and effect of share warrant to bearer), the words “(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)” shall cease to have effect.

(6) Subsection (2) of section 462 (power of company to create floating charges under Scots law) shall cease to have effect.

The Family Law (Scotland) Act 1985 (c. 37)

34 In section 8(1) of the Family Law (Scotland) Act 1985 (orders for financial provision on divorce etc)—

(a) in paragraph (a), the words “or the transfer of property” shall cease to have effect; and

(b) at the end of paragraph (a) there shall be inserted the following paragraph—

“(aa) an order for the transfer of property to him by the other party to the marriage;”.

The Insolvency Act 1986 (c. 45)

35 Section 53(3) of the Insolvency Act 1986 (execution of instrument appointing receiver) shall cease to have effect.

The Legal Aid (Scotland) Act 1986 (c. 47)

36 (1) In subsection (3) of section 4 (Scottish Legal Aid Fund) of the Legal Aid (Scotland) Act 1986—

(a) paragraph (a) shall cease to have effect; and

(b) in paragraph (c), after the word “property” there shall be inserted “(including money)”.

(2) In subsection (1) of section 6 (definitions) of that Act, for the words “if and so far as may be necessary”, in both places where they occur, there shall be substituted the words “where appropriate”.

(3) In subsection (2) of section 13 (meaning of “civil legal aid”) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “, where appropriate,”.

(4) In subsection (3) of section 14 (availability of civil legal aid) of that Act, at the beginning there shall be inserted the words “Subject to subsections (4) to (6) below,”.

(5) After the said subsection (3) there shall be inserted the following subsections—

“(4) Where—

(a) the Board has refused an application for civil legal aid by a person who has applied for such aid for the purpose of raising an action against the Board; and

(b) the applicant has applied to the Board for a review of his application,

the Board shall, unless they decide to grant the application forthwith, refer the application, together with all relevant precognitions, statements and other papers, including any observations they wish to make on the application, to the sheriff for Lothian and Borders at Edinburgh.

(5) Subject to section 15 of this Act, and to subsection (2) above, where the sheriff decides—

(a) that the applicant has a probabilis causa litigandi; and

(b) that it is reasonable in the particular circumstances of the case that he should receive legal aid,

he shall so inform the Board, and the Board shall make civil legal aid available to the applicant.

(6) A decision made by the sheriff under subsection (5) above shall be final.”

(6) After subsection (2) of section 17 (contributions and payments out of property received) of that Act, there shall be inserted the following subsections—

“(2A) Except in so far as regulations made under this section otherwise provide, any sum of money recovered under an award of or an agreement as to expenses in favour of any party in any proceedings in respect of which he is or has been in receipt of civil legal aid shall be paid to the Board.

(2B) Except in so far as regulations made under this section otherwise provide, where, in any proceedings, there is a net liability of the Fund on the account of any party, the amount of that liability shall be paid to the Board by that party, in priority to any other debts, out of any property (wherever situate) which is recovered or preserved for him—

(a) in the proceedings; or

(b) under any settlement to avoid them or to bring them to an end.”.

(7) Subsections (3) to (5) of that section shall cease to have effect.

(8) In subsection (6) of that section, for the words “subsection (5)” there shall be substituted the words “subsection (2A) or (2B)”.

(9) In subsection (8) of that section, for the words from “subsection” to the end there shall be substituted the words “subsection (1) above and in section 33 of this Act to “fees and outlays” include references to sums which would have been payable to that solicitor if he had been so employed.”

(10) In subsection (4) of section 21 (scope and nature of criminal legal aid) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “, where appropriate,”.

(11) In subsection (8) of section 29 (legal aid in certain proceedings relating to children) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “, where appropriate,”.

(12) In subsection (4) of section 30 (legal aid in contempt proceedings) of that Act, for the words “(so far as is necessary)” there shall be substituted the words “, where appropriate,”.

(13) In subsection (1) of section 31 (solicitors and counsel) of that Act, for the words “his counsel” there shall be substituted the words “or a solicitor holding rights of audience by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, his counsel or such a solicitor”.

(14) In subsection (9)(b) of the said section 31, at the beginning there shall be inserted “Subject to subsection (11) below,”.

(15) At the end of the said section 31 there shall be inserted the following subsection—

“(11) Nothing in subsection (9)(b) above shall enable the Secretary of State to make regulations authorising the granting of legal aid only to solicitors holding rights of audience under section 25A (rights of audience) of the Solicitors (Scotland) Act 1980.”.

(16) In subsection (3) of section 33 (fees and outlays of counsel and solicitors) of that Act—

(a) in paragraph (c) the words “and taxation” and “or taxation”; and

(b) in paragraph (d) the word “, taxation”,

shall cease to have effect.

The Criminal Justice (Scotland) Act 1987 (c. 41)

37 In section 6(1) of the Criminal Justice (Scotland) Act 1987 (definition of implicative gifts), for the words “mentioned in section 5(2) of this Act” there shall be substituted “on which, in respect of a person suspected of, or charged with, an offence to which section 1 of this Act relates, the warrant to arrest and commit was granted, or a restraint order was made (whichever first occurs).”

The Court of Session Act 1988 (c. 36)

38 For section 48 (limited right of audience of solicitor before the court) of the Court of Session Act 1988 there shall be substituted the following sections—

“48 Right of audience of solicitor before the court

(1) Any solicitor who has, by virtue of section 25A (rights of audience) of the [1980 c. 46.] Solicitors (Scotland) Act 1980 a right of audience in relation to the Court of Session shall have the same right of audience in that court as is enjoyed by an advocate.

(2) Any solicitor shall have a right of audience—

(a) before the vacation judge; and

(b) in such other circumstances as may be prescribed.

48A Further provision as to rights of audience

Any person who has complied with the terms of a scheme approved under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (consideration of applications made under section 25) shall have such rights of audience before the court as may be specified in an act of sederunt made under subsection (7)(a) of that section.”.

The Antarctic Minerals Act 1989 (c. 21)

39 In subsection (2) of section 7 of the Antarctic Minerals Act 1989 (which relates to the Secretary of State’s power to give directions), for the words “section 91 of the Court of Session Act 1868” there shall be substituted the words “section 45 of the Court of Session Act 1988”.