Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) is an act of the Parliament of the United Kingdom that made various reforms to the law of Scotland.[1]

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980[a]
Act of Parliament
coat of arms
Long titleAn 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.
Citation1980 c. 55
Territorial extent Scotland[a]
Dates
Royal assent29 October 1980
Commencement22 December 1980[b]
Other legislation
Amends
Repeals/revokesSee § Repealed enactments
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Provisions

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Repealed enactments

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Section 28(2) of the act repealed 38 enactments, listed in the third schedule to the act.[2]

Citation Short title Extent of repeal
55 Geo. 3. c. 42 Jury Trials (Scotland) Act 1815 Section 22.
6 Geo. 4. c. 22 Jurors (Scotland) Act 1825 Sections 1 and 2.
31 & 32 Vict. c. 100 Court of Session Act 1868 Section 43.
32 & 33 Vict. c. 36 Juries (Lighthouse Keepers Exemption) Act 1869 The whole act.
40 & 41 Vict. c. 13 Customs, Inland Revenue and Savings Banks Act 1877 In section 12, the words from ", instead " to " same at his office in Edinburgh ".
43 & 44 Vict. c. 4 Judicial Factors (Scotland) Act 1880 In section 4, paragraphs 2 and 3.
53 & 54 Vict. c. 21 Inland Revenue Regulation Act 1890 In section 8, the words " or on any jury or inquest whatsoever ".
7 Edw. 7. c. 51 Sheriff Courts (Scotland) Act 1907 In section 3, paragraph (q).
In section 5, in subsection (5) the words " where the debt exclusive of interest and expenses does not exceed fifty pounds "; and the words from " Provided also that it" to the end.
In section 7, the words " Subject to the provisions of this Act".
In section 27(D) the words " not being an interlocutor fixing a diet for jury trial ".
Sections 30 and 31.
In Schedule 1, in rule 123, the words " not exceeding fifty pounds, exclusive of interest and expenses "; and rules 133 to 150.
10 Edw. 7 & 1 Geo. 5. c. 31 Jury Trials Amendment (Scotland) Act 1910 In section 2, the words from " or (b) " to " 1907 ".
2 & 3 Geo. 5. c. 28 Sheriff Courts (Scotland) Act 1913 Section 6.
3 & 4 Geo. 5. c. 20 Bankruptcy (Scotland) Act 1913 In section 163, the words " where the assets of the deceased are estimated not to exceed five hundred pounds ".
9 & 10 Geo. 5. c. 71 Sex Disqualification (Removal) Act 1919 In section 1, the words " and a person shall not be exempted by sex or marriage from the liability to serve as a juror ".
In section 4(2), the words " and any enactment relating to juries shall have effect so as to accord with the provisions of this Act".
9 & 10 Geo. 5. c. 92 Aliens Restriction (Amendment) Act 1919 Section 8.
10 & 11 Geo. 5. c. 53 Jurors (Enrolment of Women) (Scotland) Act 1920 In section 1(1), the words from "The enactments" to "always that"; and the word " that" where it occurs for the second time.
In section 2, the words from " Without prejudice" to " 1919 ".
23 & 24 Geo. 5. c. 41 Administration of Justice (Scotland) Act 1933 Section 22.
12 & 13 Geo. 6. c. 27 Juries Act 1949 Section 25(1)(c).
14 & 15 Geo. 6. c. 54 Midwives (Scotland) Act 1951 Section 27.
1 & 2 Eliz. 2. c. 50 Auxiliary Forces Act 1953 In section 39(3), the words " and shall be exempt from serving on any jury ".
3 & 4 Eliz. 2. c. 18 Army Act 1955 Section 183.
3 & 4 Eliz. 2. c. 19 Air Force Act 1955 Section 183.
5 & 6 Eliz. 2. c. 28 Dentists Act 1957 In section 32, in subsection (1) the words " serving on all juries and inquests whatsoever and from "; and subsection (2).
6 & 7 Eliz. 2. c. 61 Interest on Damages (Scotland) Act 1958 Section 2.
1966 c. 36 Veterinary Surgeons Act 1966 Section 24(1).
1970 c. 9 Taxes Management Act 1970 Section 5(2).
1971 c. 31 Interest on Damages (Scotland) Act 1971 Section 1(2).
1971 c. 58 Sheriff Courts (Scotland) Act 1971 Sections 39 and 40.
In section 41(2), the words " section 39, section 40 ".
1972 c. 41 Finance Act 1972 In Schedule 6, paragraph 9 in so far as relating to juries in Scotland.
1973 c. 25 Succession (Scotland) Act 1973 Section 1(2) and (3).
1973 c. 45 Domicile and Matrimonial Proceedings Act 1973 Section 9.
1973 c. 52 Prescription and Limitation (Scotland) Act 1973 In section 22(6), the words ", whether in the Court of Session or the sheriff court,".
1975 c. 21 Criminal Procedure (Scotland) Act 1975 Schedule 2.
1975 c. 78 Airports Authority Act 1975 Section 10(7).
1976 c. 36 Lotteries and Amusements Act 1976 In Schedule 3, in paragraphs 4(1)(a) and 17(1)(a), the words " or certificate ".
1976 c. 66 Licensing (Scotland) Act 1976 Section 140(1).
1977 c. 15 Marriage (Scotland) Act 1977 Section 13(2) and (3).
1978 c. 10 European Assembly Elections Act 1978 Section 5(2).
1979 c. 2 Customs and Excise Management Act 1979 Section 175(2).
1979 c. 36 Nurses, Midwives and Health Visitors Act 1979 Section 18.

Notes

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References

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  1. Henderson, H. McN. (1982). "Scottish Legislation 1980" (PDF). Scottish Government Yearbook: 301–303.
  2. "Law Reform (Miscellaneous Provisions) (Scotland) Act 1980", legislation.gov.uk, The National Archives, 1980 c. 55
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