28 Surrender of rights to conduct litigation and rights of audience.
(1) Subject to the provisions of this section, where an application made under section 25 of this Act has been granted under section 26(6) of this Act, the body concerned may apply to the Lord President and the Secretary of State for permission to surrender any entitlement of their members to acquire rights to conduct litigation or rights of audience.
(2) The Lord President and the Secretary of State shall jointly issue directions as to the requirements with which any body wishing to surrender their members’ entitlement will have to comply, and, without prejudice to the generality of the foregoing, any such directions may include provision—
(a) where members of a body have acquired rights to conduct litigation or rights of audience, as to the arrangements to be made for the completion of any work outstanding at the time the application is made; and
(b) relating to the particular circumstances of a particular body.
(3) An application under subsection (1) above shall describe the manner in which the body have complied, or will comply, with the directions issued under subsection (2) above.
(4) Where the Lord President and the Secretary of State are satisfied that the body concerned have complied, or will comply, with the directions issued under subsection (2) above, the Lord President shall grant the application, and shall so inform the body.
(5) With effect from the date on which an application under subsection (1) above is granted, any member of the body concerned who has acquired rights to conduct litigation or rights of audience by virtue of the scheme shall cease to hold those rights.
(1) Where it appears to the Secretary of State that a body has failed to comply with a direction under section 42(6) of this Act, he may by order made by statutory instrument revoke the grant of the application made by that body under section 25 of this Act.
(2) No instrument shall be made under subsection (1) above unless a draft of the instrument has been laid before and approved by each House of Parliament.
(3) With effect from the date on which an order under subsection (1) above takes effect, any member of the body concerned who has acquired rights to conduct litigation or rights of audience by virtue of the scheme shall cease to hold those rights.
30 Regulation of right of English, Welsh and Northern Irish practitioners to practise in Scotland.
(1) The Secretary of State, after consulting the Lord President, may by regulations prescribe circumstances in which, and conditions subject to which, practitioners who are qualified to practise in England and Wales or Northern Ireland may, in such capacity as may be prescribed, exercise in Scotland—
(a) prescribed rights of audience; or
(b) prescribed rights to conduct litigation,
without being entitled to do so apart from the regulations.
(2) The Secretary of State, after consulting the Lord President, may by regulations make provision for the purpose of enabling practitioners who are entitled to practise in England and Wales or Northern Ireland to become qualified to practise in Scotland on terms, and subject to conditions, corresponding or similar to those on which practitioners who are entitled to practise in member States may become qualified to practise in Scotland.
(3) Regulations made under subsection (1) above may, in particular—
(a) prescribe any right of audience which may not be exercised by a person in Scotland unless he is instructed to act together with a person who has that right of audience there;
(b) prescribe legal services which may not be provided by any person practising by virtue of the regulations;
(c) prescribe the title or description which must be used by any person practising by virtue of the regulations;
(d) provide for the body by whom and the means by which the qualification of any person claiming to be entitled to practise by virtue of the regulations is to be verified; and
(e) provide for such professional or other body as may be prescribed to have power to investigate and deal with any complaint made against a person practising by virtue of the regulations.
(4) Regulations made under subsection (1) or (2) above may modify any rule of law or practice which the Secretary of State considers should be modified in order to give effect to the regulations.
(5) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section “practitioner” means, in relation to England and Wales and Northern Ireland—
(a) a barrister or solicitor; and
(b) any person falling within such category as may be prescribed in regulations made by the Secretary of State after consultation with the Lord President.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where it appears to the Faculty of Advocates that any rule of conduct in relation to the exercise of an advocate’s right of audience in the Court of Session is more restrictive than the equivalent rule in relation to the exercise of the equivalent right in the sheriff court, they may submit that rule to the Secretary of State for his approval, and the Secretary of State shall consult the CMA in accordance with section 40 of this Act, and thereafter, having—
(a) considered any advice tendered to him by the CMA;
(b) compared the rule applicable in the Court of Session with the equivalent rule applicable in the sheriff court; and
(c) considered whether the interests of justice require that there should be such a rule in the Court of Session,
he may approve or refuse to approve the rule.
(3) In section 34 of the 1980 Act (rules as to professional practice, conduct and discipline)—
(a) at the end of subsection (1A) there shall be inserted—
and
(f) make such additional or different provision as the Council think fit in relation to solicitors who, or incorporated practices which, are partners in or directors of multi-disciplinary practices.
; and
(b) after subsection (3) there shall be inserted—
(3A) Without prejudice to subsection (3), any rule made, whether before or after the coming into force of this subsection, by the Council under this section or section 35 which has the effect of prohibiting the formation of multi-disciplinary practices shall not have effect unless the Secretary of State, after consulting the Director in accordance with section 64A, has approved it.
.
Before section 61 of the 1980 Act there shall be inserted the following section—
Multi-national practices.
60A (1) Subject to the provisions of this section, solicitors and incorporated practices may enter into multi-national practices with registered foreign lawyers.
(2) The Council shall maintain a register of foreign lawyers, and may make rules with regard to registration; and, without prejudice to the generality of the foregoing, such rules may include provision as to—
(a) the manner in which applications for registration are to be made;
(b) the fees payable in respect of such applications;
(c) conditions which may be imposed in respect of registration; and
(d) the period for which any such registration is to run.
(3) Section 34(2) and (3) apply to rules made under subsection (2) as they apply to rules made under that section.
(4) Any foreign lawyer may apply to the Council to be registered as such for the purposes of this section and the Council shall, if they are satisfied that the legal profession of which the applicant is a member is so regulated as to make it appropriate for him to be allowed to enter into a multi-national practice with solicitors or incorporated practices, enter his name on the register.
(5) Subject to subsection (6), the Secretary of State may by order made by statutory instrument provide that any enactment or instrument—
(a) passed or made before the commencement of this section;
(b) having effect in relation to solicitors; and
(c) specified in the order,
shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.
(6) Before making any order under subsection (5), the Secretary of State shall consult the Council.
(7) An order under subsection (5) may provide for an enactment or instrument to have effect with respect to registered foreign lawyers subject to such additions, omissions or other modifications as the Secretary of State specifies in the order.
(8) No order shall be made under subsection (5) unless a draft of the order has been approved by both Houses of Parliament.
(1) An advocate and the person instructing him may agree, in relation to a litigation undertaken on a speculative basis, that, in the event of the litigation being successful, the advocate’s fee shall be increased by such percentage as may, subject to subsection (2) below, be agreed.
(2) The percentage increase which may be agreed under subsection (1) above shall not exceed such limit as the court may, after consultation with the Dean of the Faculty of Advocates, prescribe by act of sederunt.
(3) After section 61 of the 1980 Act there shall be inserted the following section—
Solicitors’ fees.
61A (1) Subject to the provisions of this section, and without prejudice to—
(a) section 32(1)(i) of the Sheriff Courts (Scotland) Act 1971; or
(b) section 5(h) of the Court of Session Act 1988,
where a solicitor and his client have reached an agreement in writing as to the solicitor’s fees in respect of any work done or to be done by him for his client it shall not be competent, in any litigation arising out of any dispute as to the amount due to be paid under any such agreement, for the court to remit the solicitor’s account for taxation.
(2) Subsection (1) is without prejudice to the court’s power to remit a solicitor’s account for taxation in a case where there has been no written agreement as to the fees to be charged.
(3) A solicitor and his client may agree, in relation to a litigation undertaken on a speculative basis, that, in the event of the litigation being successful, the solicitor’s fee shall be increased by such a percentage as may, subject to subsection (4), be agreed.
(4) The percentage increase which may be agreed under subsection (3) shall not exceed such limit as the court may, after consultation with the Council, prescribe by act of sederunt.
.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) For subsection (2) of section 6 of the 1980 Act (admission of persons as solicitors) there shall be substituted the following subsection—
(2) Where—
(a) a person has complied with the requirements of subsection (1); but
(b) the Council have not lodged a petition for his admission as a solicitor within one month of his having so complied,
he may apply by petition to the court for admission as a solicitor; and if he produces the certificate mentioned in paragraph (b) of subsection (1) the court shall make an order admitting him as a solicitor.
.
(2) Section 57 of that Act (admission of notaries public) shall be amended as follows—
(a) for subsection (1) there shall be substituted—
(1) The offices and functions of—
(a) the clerk to the admission of notaries public; and
(b) the keeper of the register of notaries public,
are hereby transferred to the Council.
;
(b) in subsection (2), for the words from “grant” to the end there shall be substituted “ direct the Council to register him in the register of notaries public.” ”;
(c) after subsection (2) there shall be inserted the following subsections—
(2A) A petition by the Council under section 6(3A) for the admission of a person as a solicitor may, if the person so requests, include an application for the person’s admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.
(2B) A petition by a person under section 6(2)for his admission as a solicitor may include an application for his admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.
;
(d) in subsection (4) for the word “solicitor” there shall be substituted “ person” ”; and
(e) for subsection (5) there shall be substituted—
(5) The Council may charge such reasonable fees as they consider appropriate in respect of the admission of any person as a notary public.
.
(3) In section 58 of that Act (removal from and restoration to the register of names of notaries public)—
(a) in subsection (1), for the words from “give” to the end there shall be substituted “ strike off or, as the case may be, remove his name from the register of notaries public” ”;
(b) in subsection (2), for the words from “it” to “thereupon” there shall be substituted “ the Council shall forthwith” ”;
(c) at the end of that section there shall be added the following subsections—
(3) Where a person who is both a solicitor and a notary public is suspended from practising as a solicitor under this Act the Council shall forthwith remove the person’s name from the register of notaries public.
(4) If the suspension of such a person as is mentioned in subsection (3) is terminated or otherwise comes to an end the Council shall restore the person’s name to the register.
.
38 Availability of legal aid in relation to services provided under this Act.
After section 43 of the Legal Aid (Scotland) Act 1986 there shall be inserted the following section—
Application of Act to services provided under Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
43A (1) Advice and assistance shall be available, in accordance with the provisions of this Act, in relation to the provision of executry services by executry practitioners and recognised financial institutions and conveyancing services by independent qualified conveyancers, all within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 as they are so available in relation to the provision of the like services by solicitors.
(2) Subject to any act of sederunt or act of adjournal made under subsection (7) of section 26 of that Act (consideration of applications made under section 25) advice and assistance, civil legal aid and criminal legal aid shall be available, in accordance with the provisions of this Act, in relation to the provision of services by persons who have acquired rights to conduct litigation or, as the case may be, rights of audience by virtue of that section as they are so available in relation to the provision of the like services by solicitors and, where appropriate, by advocates.
(3) Where advice and assistance, civil legal aid or criminal legal aid has been made available by virtue of this section, the provisions of this Act shall apply in relation to the person providing those services as they apply in relation to a solicitor or advocate providing like services.
.
39 Removal of certain restrictions on the borrowing of the court process.
Section 29 of the 1980 Act (which restricts the borrowing of the process relating to any court proceedings to solicitors having a place of business, in relation to the Court of Session, in Edinburgh, and, in relation to the inferior courts, within the jurisdiction of the court concerned) shall cease to have effect.
(1) Before—
(a) approving any rules made under section 17(11) or 18(10) of this Act; or
(b) approving any rules—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) such as are mentioned in section 31(1) or (2),
of this Act; or
(c) considering any provisions of a draft scheme under section 26(1) or (3) of this Act,
(c) considering—
(i) any provisions of a draft regulatory scheme under section 27 of the Regulation of Legal Services (Scotland) Act 2025, or
(ii) any provision which is proposed as a revision to a regulatory scheme under section 33 of that Act,
the Secretary of State shall first send a copy of the proposed regulations, rules or provisions to the CMA
(2) The CMA shall consider whether any such ... rules or provisions as are mentioned in subsection (1) above would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.
(3) When the CMA has completed its consideration it shall give such advice to the Secretary of State as it thinks fit.
(4) The CMA may publish any advice given under subsection (3) above.
(5) The CMA shall, so far as practicable, exclude from anything published under subsection (4) above any matter—
(a) which relates to the affairs of a particular person; and
(b) the publication of which would, or might in the CMA's opinion, seriously and prejudicially affect the interests of that person.
(6) For the purposes of the law of defamation, the publication of any advice by the Director under this section shall be absolutely privileged.
(1) For the purpose of investigating any matter under section 40 of this Act, the CMA may by notice in writing—
(a) require any person to produce to the CMA or to any person appointed by the CMA for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—
(i) are in that person’s custody or under that person’s control; and
(ii) relate to any matter relevant to the investigation; or
(b) require any person carrying on any business to furnish to the CMA (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.
(2) A person shall not be required under this section to produce any document or disclose any information which he would be entitled to refuse to produce or disclose on the grounds of confidentiality between a client and his professional legal adviser in any civil proceedings.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The court may, on an application by the CMA , enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under section 41(1).
(2) An application under subsection (1) shall include details of the possible failure which the CMA considers has occurred.
(3) In enquiring into a case under subsection (1), the court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.
(4) Subsections (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in subsection (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with a notice under section 41(1).
(5) The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.
(6) Where the defaulter is a body corporate or is a partnership constituted under the law of Scotland, the court may punish any director, officer or (as the case may be) partner of the defaulter as it would have been able to punish that director, officer or partner had he been guilty of contempt of court.
(7) In this section “the court” means the Court of Session.
41B Altering, etc. documents required to be produced under section 41
(1) A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under section 41(1).
(2) A person who commits an offence under subsection (1) shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
42 Review of rules approved by the Secretary of State.
(1) Where the Secretary of State has approved—
(a) a rule under section ... 31(2) of this Act; or
(b) a draft scheme under section 26(6) of this Act,
he may and, where the Lord President, in the case of a draft scheme such as is mentioned in paragraph (b), so requests shall, require the body which made the rule or, as the case may be, the scheme to review its terms.
(2) When they have reviewed a rule or, as the case may be, a scheme, following a requirement made under subsection (1) above, the body concerned may revise the rule or scheme in the light of that review, and shall then submit the rule or scheme as revised or, if they have not revised it, as previously approved—
(a) in the case of a rule such as is mentioned in subsection (1)(a) above, to the Secretary of State; or
(b) in the case of a draft scheme such as is mentioned in subsection (1)(b) above, to the Secretary of State and the Lord President.
(3) Where a rule, whether revised or as previously approved, is submitted to the Secretary of State under subsection (2)(a) above, he may—
(a) approve the rule as submitted to him; or
(b) amend the rule in such manner as he considers appropriate,
and (except where the rule remains in the form previously approved) he may direct the body concerned to bring it into operation as soon as is practicable.
(4) Where the Lord President and the Secretary of State are agreed that the terms of a draft scheme submitted to them under subsection (2)(b) above are satisfactory, the Secretary of State may—
(a) approve the scheme; and
(b) (except where the scheme remains in the form previously approved) direct the body concerned to bring the scheme, as so amended, into force as soon as is practicable.
(5) Where either the Secretary of State or the Lord President is of the view that the terms of any such scheme so submitted to them are not satisfactory, but they do not agree as to what the terms of the scheme should be, the scheme shall continue to have effect as previously approved.
(6) Where the Secretary of State and the Lord President agree both that the terms of a scheme so submitted to them are not satisfactory, and as to what the terms of the scheme should be, the Secretary of State may amend the scheme in such manner as he and the Lord President consider appropriate; and may direct the body concerned to bring the scheme, as so amended, into force as soon as is practicable.
(7) The provisions of section 40(1)(b) and (c) of this Act shall apply to rules and schemes submitted under subsection (2) of this section as they apply to rules submitted under sections 17(15) and 31(2) and schemes submitted under section 25(1) of this Act.
43 Functions of Director in relation to certain rules made under the 1980 Act.
After section 64 of the 1980 Act there shall be inserted the following sections—
Advisory and supervisory functions of the Director General of Fair Trading.
64A (1) Before considering any rule—
(a) made under section 25A(4)
or (5); or
(b) such as is mentioned in section 34(3A),
the Secretary of State shall send a copy of the proposed rule in question to the Director.
(2) The Director shall consider whether the rule in question would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.
(3) When the Director has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.
(4) The Director may publish any advice given by him under subsection (3).
(5) The Director shall, so far as practicable, exclude from anything published under subsection (4) any matter—
(a) which relates to the affairs of a particular person; and
(b) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.
(6) For the purposes of the law of defamation, the publication of any advice or report by the Director under this section shall be absolutely privileged.
Duty of Secretary of State.
64B When he has received advice under section 64A(3) in relation to a rule made under section 25A(4) or (5) or such as is mentioned in section 34(3A), the Secretary of State may, having considered—
(a) that advice;
(b) whether the interests of justice require that there should be such a rule; and
(c) in relation to a rule made under section 25A(5), any relevant practice obtaining in the sheriff court,
approve or refuse to approve the rule.
Investigatory powers of the Director.
64C (1) For the purpose of investigating any matter under section 64A, the Director may by notice in writing—
(a) require any person to produce to him or to any person appointed by him for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—
(i) are in that person’s custody or under that person’s control; and
(ii) relate to any matter relevant to the investigation; or
(b) require any person carrying on any business to furnish to him (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.
(2) A person shall not be required under this section to produce any document or disclose any information which he would be entitled to refuse to produce or disclose on the grounds of confidentiality between a client and his professional legal adviser in any civil proceedings.
(3) Subsections (5) to (8) of section 85 of the Fair Trading Act 1973 shall apply in relation to a notice under this section as they apply in relation to a notice under subsection (1) of that section.
Review of rules approved by the Secretary of State.
64D (1) Without prejudice to the power of the Council to review any rule made by them, where the Secretary of State has approved a rule under section 64B he may, and if so requested by the Lord President shall, require the Council to review its terms.
(2) When they have reviewed a rule following a requirement made under subsection (1), the Council may revise the rule in the light of that review, and shall then submit the rule as revised or, if they have not revised it, as previously approved to the Lord President and the Secretary of State.
(3) Where the Lord President and the Secretary of State are agreed that the terms of the rule as submitted to them are satisfactory, the Secretary of State shall approve the rule, and may direct the Council to bring it into force as soon as is practicable.
(4) Where either the Secretary of State or the Lord President is of the view that any rule, as submitted to them, is not satisfactory, but they do not agree as to what the terms of the rule should be, the rule shall continue to have effect as previously approved.
(5) Where the Secretary of State and the Lord President agree both that any rule submitted to them under subsection (2) is not satisfactory, and as to what the terms of the rule should be, the Secretary of State may direct the Council—
(a) to amend the rule in such manner as he and the Lord President consider appropriate; and
(b) to bring the rule, as so amended, into force as soon as is practicable.
(6) The provisions of sections 64A and 64B apply to rules submitted to the Secretary of State under this section as they apply to rules submitted to him under sections 25A(9) or (10) and 34(3A).
.
In this Part of this Act, unless the context otherwise requires—
“advocate” means a member of the Faculty of Advocates practising as such;
“the CMA” means the Competition and Markets Authority;
“the Director” means the Director General of Fair Trading;
“Lord President” means the Lord President of the Court of Session;
“solicitor” has the same meaning as in section 65(1) of the 1980 Act; and
“the 1980 Act” means the Solicitors (Scotland) Act 1980.
“the 2007 Act” means the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5).
Where a court has, or is deemed to have, granted an application made under section 56 of this Act in relation to a child . . ., and the child gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the child prior to the trial shall be admissible as evidence as to such identification.
In sections 56, 57 and 58 of this Act, unless the contrary intention appears—
“child” means a person under the age of 16 years;
“court” means the High Court of Justiciary or the sheriff court; and
“trial” means a trial under solemn or under summary procedure.
The following subsection shall be inserted at the end of each of sections 3 and 288 of the Criminal Procedure (Scotland) Act 1975 to form subsection (4) and subsection (5) respectively of these sections—
(0) Where an offence is alleged to have been committed in one district in a sheriffdom, it shall be competent to try that offence in a sheriff court in any other district in that sheriffdom.
61 Probation and community service orders and supervision and care of persons on probation or released from prison etc.
(1) Sections 183 and 384 of the Criminal Procedure (Scotland) Act 1975 (probation) shall be amended as follows—
(a) at the beginning of subsection (1) of each section there shall be inserted “ Subject to subsection (1A) below, ”;
(b) after subsection (1) of each section there shall be inserted the following subsection—
(1A) A court shall not make a probation order under subsection (1) above unless it is satisfied that suitable arrangements for the supervision of the offender can be made by the local authority in whose area he resides or is to reside.
; and
(c) in subsection (4) of each section—
(i) for the words “necessary for” there shall be substituted “ conducive to ”; and
(ii) for the word “for” in the second place where it occurs there shall be substituted “ to ”.
(2) In subsection (1) of each of sections 186 and 387 of that Act (failure to comply with probation order)—
(a) after the word “from” there shall be inserted “ (a) ”; and
(b) after the word “probationer” where it first occurs there shall be inserted—
(b) the director of social work of the local authority whose officer is supervising the probationer; or
(c) an officer appointed by the director of social work to act on his behalf for the purposes of this subsection,
.
(3) In section 1(1) of the Community Service by Offenders (Scotland) Act 1978 (community service orders), for the words “dealing with him in any other way” there shall be substituted “ imposing on him a sentence of, or including, imprisonment or any other form of detention ”.
(4) In section 27 of the Social Work (Scotland) Act 1968 (supervision and care of persons on probation or released from prison etc)—
(a) at the end of subsection (1) there shall be added—
; and
(c) the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.
; and
(b) after paragraph (a) of subsection (3) there shall be inserted the following paragraph—
(aa) the matters to be included in such a report;
.
(5) In section 27A of that Act (grants in respect of community service facilities)—
(a) at the beginning there shall be inserted “ (1) ”; and
(b) for the words from “for the purposes” to the end there shall be substituted—
(a) for the purposes mentioned in section 27(1) of this Act; and
(b) for such other similar purposes as the Secretary of State may prescribe.
(2) Before exercising his power under subsection (1)(b) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.
.
(6) In section 27B of that Act (grants in respect of hostel accommodation for certain persons)—
(a) at the beginning there shall be inserted “ (1) ”; and
(b) for the words from “sub-paragraphs (i) and (ii)” to the end there shall be substituted—
subsection (2) below.
(2) The persons referred to in subsection (1) above are—
(a) persons mentioned in section 27(1)(b)(i) and (ii) of this Act;
(b) persons who have been charged with an offence and are on bail;
(c) persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and
(d) such other classes of persons as the Secretary of State may prescribe.
(3) Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.
.
(7) In section 94(1) of that Act (interpretation), in paragraph (c) of the definition of “prescribed”, after the word “sections” there shall be inserted “ 27A, 27B, ”.
63 Registration and enforcement of external confiscation orders.
The following sections shall be substituted for section 30 of the Criminal Justice (Scotland) Act 1987—
Enforcement of other external orders.
30 (1) Her Majesty may by Order in Council—
(a) direct in relation to a country or territory outside the United Kingdom designated by the order (“a designated country”) that, subject to such modifications as may be specified, this Part of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;
(b) make—
(i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order; and
(ii) such provision as to evidence or proof of any matter for the purposes of this section and section 30A of this Act; and
(iii) such incidental, consequential and transitional provision,
as appears to Her Majesty to be expedient; and
(c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.
(2) In this Part of this Act—
“external confiscation order” means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value; and
“modifications” includes additions, alterations and omissions.
(3) An Order in Council under this section may make different provision for different cases or classes of case.
(4) The power to make an Order in Council under this section includes power to modify this Part of this Act in such a way as to confer power on a person to exercise a discretion.
(5) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
Registration of external confiscation orders.
30A (1) On an application made by or on behalf of the Government of a designated country, the Court of Session may register an external confiscation order made there if—
(a) it is satisfied that at the time of registration the order is in force and not subject to appeal;
(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
(c) it is of the opinion that enforcing the order in Scotland would not be contrary to the interests of justice.
(2) In subsection (1) above “appeal” includes—
(a) any proceedings by way of discharging or setting aside a judgment; and
(b) an application for a new trial or a stay of execution.
(3) The Court of Session shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
In section 15 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (powers of arrest attached to matrimonial interdicts)—
(a) in subsection (2), after the words “such interdict” there shall be inserted “ together with the attached power of arrest ”; and
(b) in subsection (4)—
(i) after the word “interdict” in the second place where it occurs there shall be inserted “ together with the attached power of arrest ”; and
(ii) at the end there shall be added “ and, where the application to attach the power of arrest to the interdict was made after the interdict was granted, a copy of that application and of the interlocutor granting it and a certificate of service of the interdict together with the attached power of arrest ”.
(1) Section 24 of the Housing (Scotland) Act 1987 (definition of homelessness and persons threatened with homelessness) shall be amended as follows.
(2) After subsection (2) there shall be inserted the following subsections—
(2A) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.
(2B) Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the area of the local authority to whom he has applied for accommodation or for assistance in obtaining accommodation.
(3) In subsection (3), after paragraph (b) there shall be inserted—
(bb) it is probable that occupation of it will lead to—
(i) violence; or
(ii) threats of violence which are likely to be carried out,
from some other person who previously resided with that person, whether in that accommodation or elsewhere, or
.
67 Further provision as to discharge of judicial factors.
After section 34 (discharge of factors, tutors and curators) of the Judicial Factors Act 1849 there shall be inserted the following section—
Further provision as to discharge of factors, tutors and curators.
34A The Court may by act of sederunt make provision for the discharge of factors, tutors and curators by means other than the presentation of a petition under section 34 of this Act where the factory, tutory or curatory is terminated by reason of the recovery, death or coming of age of the ward, or by reason of the exhaustion of the estate.
.
(1) The Unfair Contract Terms Act 1977 shall be amended in accordance with this section.
(2) In section 15(1) (scope of Part II), the words “applies only to contracts,” shall cease to have effect.
(3) In section 16 (liability for breach of duty)—
(a) in subsection (1)—
(i) at the beginning there shall be inserted the words “ Subject to subsection (1A) below, ”;
(ii) after the word “contract” in the first place where it occurs there shall be inserted “ , or a provision of a notice given to persons generally or to particular persons, ”;
(iii) after the word “term” in the second place where it occurs there shall be inserted “ or provision ”; and
(iv) at the end of paragraph (b) there shall be inserted the words “ or, as the case may be, if it is not fair and reasonable to allow reliance on the provision ”;
(b) after subsection (1) there shall be inserted the following subsection—
(1A) Nothing in paragraph (b)
of subsection (1) above shall be taken as implying that a provision of a notice has effect in circumstances where, apart from that paragraph, it would not have effect.
; and
(c) in subsection (3)—
(i) after the word “contract” there shall be inserted “ or a provision of a notice ”; and
(ii) after the word “term” in the second place where it occurs there shall be inserted “ or provision ”.
(4) In section 24 (the “reasonableness” test)—
(a) after subsection (2) there shall be inserted the following subsection—
(2A) In determining for the purposes of this Part of this Act whether it is fair and reasonable to allow reliance on a provision of a notice (not being a notice having contractual effect), regard shall be had to all the circumstances obtaining when the liability arose or (but for the provision) would have arisen.
;
(b) in subsection (3)—
(i) after the word “contract” in the first place where it occurs there shall be inserted “ or a provision of a notice ”;
(ii) after the word “contract” in the second place where it occurs there shall be inserted “ or whether it is fair and reasonable to allow reliance on the provision ”;
(iii) after the word “above” there shall be inserted “ in the case of a term in a contract ”; and
(iv) in paragraph (a), after the word “term” there shall be inserted “ or provision ”; and
(c) in subsection (4), after the word “contract” there shall be inserted “ or that it is fair and reasonable to allow reliance on a provision of a notice ”.
(5) In section 25 (interpretation of Part II)—
(a) in subsection (1), after the definition of “hire-purchase agreement” there shall be inserted—
“ “notice” includes an announcement, whether or not in writing, and any other communication or pretended communication;”; and
(b) subsections (3)(d) and (4) shall cease to have effect.
(6) This section shall have effect only in relation to liability for any loss or damage which is suffered on or after the date appointed for its coming into force.
(1) For subsection (2) of section 8 of the Administration of Justice Act 1982 (services rendered to injured person) there shall be substituted the following subsections—
(2) The injured person shall be under an obligation to account to the relative for any damages recovered from the responsible person under subsection (1) above.
(3) Where, at the date of an award of damages in favour of the injured person, it is likely that necessary services will, after that date, be rendered to him by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed that no payment shall be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents—
(a) reasonable remuneration for those services; and
(b) reasonable expenses which are likely to be incurred in connection therewith.
(4) The relative shall have no direct right of action in delict against the responsible person in respect of any services or expenses referred to in this section.
(2) Without prejudice to Parts II and III of the Prescription and Limitation (Scotland) Act 1973, this section shall apply to rights accruing both before and after the date appointed for its coming into force, but shall not affect any proceedings commenced before that date.
(1) In any civil proceedings to which this section applies, the court may (whether or not on application made to it) request a party to the proceedings—
(a) to provide a sample of blood or other body fluid or of body tissue for the purpose of laboratory analysis;
(b) to consent to the taking of such a sample from a child in relation to whom the party has power to give such consent.
(2) Where a party to whom a request under subsection (1) above has been made refuses or fails—
(a) to provide or, as the case may be, to consent to the taking of, a sample as requested by the court, or
(b) to take any step necessary for the provision or taking of such a sample,
the court may draw from the refusal or failure such adverse inference, if any, in relation to the subject matter of the proceedings as seems to it to be appropriate.
(3) In section 6 of the Law Reform (Parent and Child) (Scotland) Act 1986 (determination of parentage by blood sample)—
(a) in subsection (1), for the words “blood sample” there shall be substituted “ sample of blood or other body fluid or of body tissue ”; and
(b) in each of subsections (2), (3) and (4), for the words “a blood” there shall be substituted “ such a ”.
(4) This section applies to any civil proceedings brought in the Court of Session or the sheriff court—
(a) on or after the date of the commencement of this section; or
(b) before the said date in a case where the proof has not by that date begun.
(1) There shall be paid out of money provided by Parliament—
(a) the expenses of the Lord Advocate in carrying out his functions under Part I of this Act;
(b) the remuneration and expenses of the Scottish legal services ombudsman appointed under section 34 of this Act and of any staff appointed for the ombudsman under Schedule 3 to this Act;
(c) the remuneration of temporary judges appointed under section 35(3) of this Act;
(d) any grant paid by the Secretary of State to the Scottish Conveyancing and Executry Services Board under section 16 of this Act; and
(e) any increase attributable to the provisions of this Act in the sums payable under any other Act out of money provided by Parliament.
(2) Sums repaid to the Secretary of State under section 16(3) of this Act shall be paid by him into the Consolidated Fund.