Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Version in vigour from 2019-01-30 to )

Consolidated Text

As Enacted

Cited authorities 177

Cited in

Currency	No known outstanding effects
Coming into Force	30 January 2019

Contenidos

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
Part I: Charities

Recognition of charities

1: Information as to recognised charities.
2: Non-recognised bodies.
3: Designated religious bodies.

Charities accounts

4: Duty to keep accounting records.
5: Annual accounts and report.

Supervision of charities

6: Powers of Lord Advocate to investigate charities and to suspend trustees.
7: Powers of Court of Session to deal with management of charities.
8: Disqualification of persons concerned in the management or control of recognised bodies.

Reorganisation of public trusts

9: Reorganisation of public trusts by the court.
10: Small trusts.
11: Expenditure of capital.

Dormant charities

12: Dormant accounts of charities in banks, etc.

Miscellaneous

13: Appointment of trustees.
14: Alteration of purposes and winding-up of charitable companies.

Interpretation

15: Interpretation of Part I, regulations and orders.

Part II: Legal Services

Conveyancing and executry services

16: Regulation by the Law Society of conveyancing and executry services
17: Conveyancing practitioners.
18: Executry practitioners.
19: Executry services by recognised financial institutions.
20: Professional misconduct, ... etc.
20ZA: Remission of complaint by Tribunal to Council
20ZB: Unsatisfactory professional conduct
20ZC: Unsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 20ZB(4)
20ZD: Report by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers
20ZE: Direction under section 20ZD(1): appeal by practitioner
20A: Review of decisions
20B: Unsatisfactory professional conduct: powers of Tribunal on appeal
20C: Unsatisfactory professional conduct: enforcement of Council direction
20D: Unsatisfactory professional conduct: appeal from decisions of Tribunal
20E: Unsatisfactory professional conduct: powers of court on appeal
21: Council's intervention powers.
21A: Powers of investigation
21B: Procedures of the Tribunaletc.
21C: Compensation fund
22: Disclosure of documents etc.
23: Interpretation of sections 16 to 22.: In sections 16 to 22 of this Act and this section, except where the context otherwise requires—... “ complainer ” means the person who made the complaint and, where the complaint was made by the person on behalf of another person, includes that other person; “ conveyancing practitioner ” means a person registered under section 17 in the register of conveyancing practitioners; “conveyancing services” means the preparation of writs, contracts and other documents in connection with the transfer of heritable property and loans secured over such property, and services ancillary thereto, including (in the case of independent conveyancing practitioners) relevant notarial services, but does not include any services—

Rights of audience

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.
25: Rights to conduct litigation and rights of audience.
26: Consideration of applications made under section 25.
27: Exercise of rights to conduct litigation and rights of audience.
28: Surrender of rights to conduct litigation and rights of audience.
29: Revocation of rights granted under section 26.
30: Regulation of right of English, Welsh and Northern Irish practitioners to practise in Scotland.

Rules of conduct

31: Rules of conduct etc.

Multi-national practices

32: Multi-national practices.

Complaints in relation to legal services

33: Complaints in relation to legal services.

Scottish legal services ombudsman

34: Scottish legal services ombudsman.
34A: Ombudsman’s final report and recommendations.
34B: Advisory functions of ombudsman.

Judicial appointments

35: Judicial appointments.

Solicitors’ and counsel’s fees

36: Solicitors’ and counsel’s fees.

Miscellaneous and supplementary

37: Admission of solicitors and notaries public.
38: Availability of legal aid in relation to services provided under this Act.
39: Removal of certain restrictions on the borrowing of the court process.
40: Advisory and supervisory functions of the CMA
41: Investigatory powers of the CMA
41A: Enforcement of notices under section 41
41B: Altering, etc. documents required to be produced under section 41
42: Review of rules approved by the Secretary of State.
43: Functions of Director in relation to certain rules made under the 1980 Act.
44: Interpretation of Part II.

Part III: The Licensing (Scotland) Act 1976

Part IV: Miscellaneous Reforms

Evidence by children in criminal trials

56: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58: Identification of accused by child.
59: Interpretation of sections 56, 57 and 58.

Sheriff court jurisdiction

60: Criminal jurisdiction of sheriff court.

Treatment of offenders

61: Probation and community service orders and supervision and care of persons on probation or released from prison etc.
62: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drug trafficking confiscation orders

63: Registration and enforcement of external confiscation orders.

Matrimonial interdicts

64: Matrimonial interdicts.: In section 15 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (powers of arrest attached to matrimonial interdicts)—

Homelessness

65: Homelessness.

Arbitration

66: UNCITRAL Model Law on International Commercial Arbitration.

Judicial factors

67: Further provision as to discharge of judicial factors.

Avoidance of civil liability by non-contractual notice

68: Amendment of Unfair Contract Terms Act 1977.

Liability in respect of services to injured persons

69: Future services to injured person.

Blood and other samples in civil proceedings

70: Blood and other samples in civil proceedings.

Powers of attorney

71: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of documents by companies

72: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V: General

73: Finance.

74: Amendments and repeals.

75: Citation, commencement and extent.

SCHEDULES

SCHEDULE 1 Sections 16 and 20.
Scottish Conveyancing and Executry Services Board

Part I: Constitution, Duties, Powers and Status

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