SCHEDULE 1Provisions of schedule 5 (minor and consequential amendments) coming into force on 22nd April 2009

Article 3(2) and (3)

Column 1 – provisions

Column 2 – purpose

1

Paragraph 5 (the Judicial Factors (Scotland) Act 1889)5

2

In paragraph 7 (the Execution of Diligence (Scotland) Act 1926)6–

a

sub-paragraph (1)

For the purposes of the provisions commenced in this Order

b

sub-paragraph (2)(b)(iii), (d) and (3)(b)

c

sub-paragraph (2)(c)

For the purposes of the substitution of the term “solicitor” for “law agent”

3

In paragraph 13 (the Bankruptcy (Scotland) Act 1985)7–

a

sub-paragraph (1)

For the purposes of the provision commenced in this Order

b

sub-paragraph (3)(b)

4

In paragraph 16 (the Debtors (Scotland) Act 1987)8–

a

sub-paragraph (1)

For the purposes of the provisions commenced in this Order

b

sub-paragraph (2)(c)

c

sub-paragraph (2)(f)

d

sub-paragraph (4)(c)

e

sub-paragraph (5)

f

sub-paragraph (6)

g

sub-paragraph (7)(a), (ii), (iv) and (b)

h

sub-paragraph (8)(e)(i), (f) and (h)

5

Paragraph 18(a)(ii) (the Child Support Act 1991)9.

For all purposes except substituting the reference to an action of adjudication

6

Paragraph 22 (the Proceeds of Crime (Scotland) Act 1995)10.

7

Paragraph 29 (the Proceeds of Crime (Scotland) Act 2002)11.

8

In paragraph 30 (the Debt Arrangement and Attachment (Scotland) Act 2002)12–

a

sub-paragraph (1)

For the purposes of the provisions commenced in this Order

b

sub-paragraphs (4), (9) and (11)(a)(i)

SCHEDULE 2Repeals in schedule 6 coming into force on 22 April 2009

Article 3(2) and (3)

Column 1 – repeal

Column 2 – purpose

1

The entry in respect of the Arrestments Act 161713.

2

The entry in respect of section 22 of the Debtors (Scotland) Act 183814.

3

The entry in respect of Schedules PP and RR of the Titles to Land Consolidation (Scotland) Act 186815.

In so far as it repeals–

  1. a

    Schedule PP; and

  2. b

    Schedule RR for the purpose of notice of Summons for breach of inhibition

4

The entry in respect of section 29 of the Sheriff Courts (Scotland) Act 190716.

5

The entry in respect of the Taxes Management Act 197017.

6

The entry in respect of the Rent (Scotland) Act 198418.

7

The entry in respect of the Family Law (Scotland) Act 198519.

8

In the entry in respect of the Bankruptcy (Scotland) Act 198520–

a

the repeal of section 14(5);

b

the repeal in section 31(2) of “(reserving the effect of such inhibition on ranking)”;

c

in respect of section 37(2), the repeals of “which” and “shall be effectual to create a preference for the inhibitor and”.

9

In the entry in respect of the Debtors (Scotland) Act 198721, the repeal of paragraph 3 of Schedule 6.

10

In the entry in respect of the Proceeds of Crime Act 199522–

a

the repeal in section 32(2) (from “as” to the end);

b

the repeal of section 32(3).

11

In the entry in respect of the Proceeds of Crime Act 200223, the repeal in section 123(4).