Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

JurisdictionUK Non-devolved
Citation1980 c. 55


Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

1980 CHAPTER 55

An Act to make new provision for Scotland as respects the law relating to the qualification of jurors; to amend the law relating to jury service in Scotland; to make further provision for Scotland in respect of prior rights in the estates of deceased persons; to dispense with caution as regards certain executors-dative; to provide a procedure whereby an heir of provision may establish entitlement to act as trustee; to amend provisions of the Judicial Factors Act 1849 and the Trusts (Scotland) Act 1961 relating to the actings of judicial factors; to remove an obligation to preserve inventories of the estates of deceased persons in Scotland; to make further provision in respect of performance of the duties of sheriff principal; to amend the law relating to the jurisdiction and powers of the sheriff court; to empower Senators of the College of Justice to act as arbiters and oversmen in commercial disputes; to make further provision in respect of awards of compensation by the Lands Tribunal for Scotland; to remove the right of a vexatious litigant to appeal against a Lord Ordinary's refusal to allow the institution of legal proceedings; to amend the law relating to the jurisdiction of the Court of Session in actions for reduction; to amend the provisions of the Licensing (Scotland) Act 1976 relating to liability for offences committed by clubs; to amend provisions of the Marriage (Scotland) Act 1977 relating to the validity of marriages; to amend the provisions of the Prescription and Limitation (Scotland) Act 1973 relating to limitation of actions; to amend the law relating to the constitution and powers of the Scottish Solicitors' Discipline Tribunal; to make further provision as regards Scottish solicitors' clients' accounts; to enable amendments to be made to provisions of the Legal Aid (Scotland) Act 1967 relating to contributions from assisted persons; to make minor amendments to the Betting, Gaming and Lotteries Act 1963, the Lotteries and Amusements Act 1976 and the Licensing (Scotland) Act 1976; and for connected purposes.

[29th October 1980]

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:—

Juries

Juries

S-1 Qualification of jurors.

1 Qualification of jurors.

(1) Subject to subsections (2) and (3) below, every person who—

(a ) is for the time being registered as a parliamentary or local government elector;

(b ) is not less than 18 nor more than 65 years of age;

(c ) has been ordinarily resident in the United Kingdom the Channel Islands or the Isle of Man for any period of at least 5 years since attaining the age of 13 years; and

(d ) is not among the persons listed in Part I of Schedule 1 to this Act, being persons hereby declared ineligible for, nor among those listed in Part II of that Schedule, being persons hereby declared disqualified from, jury service,

shall be qualified and liable to serve as a juror in any Scottish court, civil or criminal.

(2) A person who is qualified under subsection (1) above but is among the persons listed in Part III of Schedule 1 to this Act, being persons hereby declared excusable as of right from jury service, shall be excused therefrom on any occasion where, having been cited to attend for jury service he—

(a ) attends in compliance with the citation and intimates to the court his right and desire to be so excused; or

(b ) before the date on which he is cited first to attend, gives written notice of his right and desire to be so excused to the clerk of court issuing the citation.

(3) Without prejudice to subsection (2) above, a person who is qualified under subsection (1) above but is among the persons listed in Group C of Part III of Schedule 1 to this Act shall be excused from jury service on any occasion where he has been cited to attend for such service but his commanding officer certifies to the clerk of court issuing the citation that it would be prejudicial to the efficiency of the force of which the person is a member were the person required to be absent from duty.

(4) The fact that any person serving on the jury chosen for a particular trial (whether before or after the coming into force of this Act) is, under subsection (1) above, ineligible or not qualified for or disqualified from jury service, or was under section 1 of the Jurors (Scotland) Act 1825 not qualified for such service, (as the case may be), shall not in itself affect the validity of any verdict returned by that jury in the trial.

(5) A person cited to attend for jury service and not excused under subsection (2) or (3) above may, if he shows to the satisfaction of the clerk of court issuing the citation that there is good reason why he should be excused from attending in compliance with the citation, be excused by that clerk of court from so attending.

(6) Without prejudice to—

(a ) the preceding provisions of this section;

(b ) section 19 of the Jurors (Scotland) Act 1825; or

(c ) section 100(1) or 133 of the Criminal Procedure (Scotland) Act 1975 ,

the court before which a person is cited to attend for jury service may excuse that person from that jury service.

S-2 Fining of jurors for non-attendance.

2 Fining of jurors for non-attendance.

(1) Persons cited to attend for jury service in any civil proceedings may, unless they have been excused in respect thereof under section 1 of this Act, be fined up to 200 if they fail to attend in compliance with the citation.

(2) A fine imposed under subsection (1) above may, on application, be remitted—

(a ) by a Lord Ordinary where imposed in the Court of Session;

(b ) by the sheriff where imposed in the sheriff court;

and no court fees or expenses shall be exigible in respect of any such application.

(3) In section 99 of the Criminal Procedure (Scotland) Act 1975

(a ) in subsection (1)—

(i) after the word ‘may’ there shall be inserted the words ‘, unless they have been excused in respect thereof under section 1 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.’;

(ii) after the word ‘fined’ there shall be inserted the words ‘up to 200’; and

(iii) after the words ‘fail to attend’ there shall be inserted the words ‘in compliance with the citation’; and

(b ) for subsection (2) there shall be substituted the following subsection—

(2) A fine imposed under subsection (1) above may, on application, be remitted—

(a ) by a Lord Commissioner of Justiciary where imposed in the High Court;

(b ) by the sheriff where imposed in the sheriff court;

and no court fees or expenses shall be exigible in respect of any such application.’.

S-3 Offences in connection with jury service.

3 Offences in connection with jury service.

(1) Subject to subsection (2) below, a person who—

(a ) having been cited to attend for jury service, falsely claims to be a person excusable as of right from such service shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding 200;

(b ) knowing that he is a person ineligible, or not qualified, for jury service, serves on a jury shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding 200; or

(c ) knowing that he is a person disqualified from jury service, serves on a jury shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding 1,000.

(2) Subsection (1) above shall not apply to a person ineligible for jury service by reason of being among the persons listed in Group C of Part I of Schedule 1 to this Act.

Trusts, factors and succession

Trusts, factors and succession

S-4 Prior rights in estate of deceased person.

4 Prior rights in estate of deceased person.

4. In the Succession (Scotland) Act 1964

a ) in section 9(1) (prior right of surviving spouse to financial provision on intestacy), after the words ‘at the rate of 4 per cent. per annum’ there shall be inserted the words ‘, or at such rate as may from time to time be fixed by order of the Secretary of State,’ and
b ) after section 9 there shall be inserted the following section—
S-9A

9A ‘Provisions supplementary to ss. 8 and 9.

9A.—Any order of the Secretary of State, under section 8 or 9 of this Act, fixing an amount or rate—

a ) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and
b ) shall have effect in relation to the estate of any person dying after the coming into force of the order.’
S-5 Finding of caution by intestate's spouse.

5 Finding of caution by intestate's spouse.

5. In section 2 of the Confirmation of Executors (Scotland) Act 1823(court to regulate caution to be found), for the words ‘executors-nominate; and in’ there shall be substituted the words—

‘(a ) an executor-nominate; or

(b ) an intestate's spouse who shall be executor-dative and has right, by virtue of sections 8 and 9(2) of the Succession (Scotland) Act 1964, to the whole estate.

In’.

S-6 Procedure whereby heir of provision may establishentitlement to act as trustee.

6 Procedure whereby heir of provision may establishentitlement to act as trustee.

6. Without...

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