Statutory Instruments
1996 No. 2894 (C.85) (S.222)

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

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 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation

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

Interpretation

2.  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.

Commencement

3.  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.

James Duglas-Hamilton
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
6th November 1996

Article 3

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

Column 1
Column 2
Column 3

Provisions of the Act
Subject matter
Purpose

Section 17, in so far as not already in force
Qualified conveyancers

Section 18, in so far as not already in force
Executry practitioners

Section 20

Professional misconduct, inadequate professional services, etc

Section 21
Board’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 II
Board’s powers of investigation

Section 74
Amendments and repeals
Only 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 force

For all purpses, except in relation to a recognised financial institution

In Schedule 9—the repeals specified in the table below
Repeals

TABLE

REPEALS

Chapter
Short title
Extend 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 1875
In 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 1876
Section 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.
Note as to Earlier Commencement Orders

(This note is not part of the Order)
The following provisins of the Act insofar as these are not already in force have been brought into force by Commencement Orders made before the date of this Order:


Provisions
Date of commencement

S.I. No.

Sections 63, 72, 74 (partially), 75 and Schedules 8 (partially) and 9 (partially)
1.12.1990
1990/2328

Sections 64, 65, 74 (partially) and Schedules 8 (partially) and 9 (partially)
1.1.1991
1990/2624

Section 69
1.3.1991
1991/330

Sections 68, 74 (partially) and Schedule 9 (partially)
1.4.1991
1991/330

Sections 16, 23, 34 (partially), 35, 44, 73 (partially), 74 (partially) and Schedules 1 (partially), 3, 4 and 8 (partially)
1.4.1991
1991/822

Sections 61 and 62 and Schedules 6 and 8 (partially)
1.4.1991
1991/850

Sections 24, 30, 33, 34 (partially), 43, 74 (partially) and Schedules 8 (partially) and 9 (partially)
3.6.1991
1991/1252

Section 74 (partially) and Schedule 9 (partially)
15.8.1991
1991/1252

Section 74 (partially) and Schedules 8 (partially) and 9 (partially)
26.8.1991
1990/1903

Sections 17 (partially), 18 (partially), 38, 39, 40, 41, 42, 56 (partially), 57 (partially), 58 (partially), 59 (partially), 60, 74 (partially) and Schedules 8 (partially) and 9 (partially)
30.9.1991
1991/2151

Section 74 (partially) and Schedule 8 (partially)
31.12.1991
1990/2862

Section 3, 4, 5, 7, 9, 15 and 36 (all partially)
4.7.1992
1992/1599

Sections 36 (partially), 37, 74 (partially) and Schedule 8 (partialy)
20.7.1992
1992/1599

Sections 1-3, 6-9 and 13-15
27.7.1992
1992/1599

Sections 4 and 5
30.9.1992
1992/1599

Section 31 and sections 32, 73, 74, Schedule 8 and Schedule 9 (all partially)
17.3.1993
1993/641

Section 10, 11 and 12
15.9.1993
1993/2253


(1)
1990 c. 40.