The Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (3 & 4 Geo. 6. c. 42) is an act of the Parliament of the United Kingdom that amended the law of Scotland relating to enforcement of decrees ad factum praestandum, solatium and damages, contribution among joint wrongdoers, prorogation of the jurisdiction of the sheriff court, intestate succession, the powers of the King's and Lord Treasurer's Remembrancer, international conventions affecting Scottish courts, and criminal procedure.
Provisions Repealed enactments Section 11(3) of the act repealed 4 enactments, listed in the schedule to the act.
CitationShort titleExtent of repeal1 & 2 Vict. c. 114Debtors (Scotland) Act 1838Sections six, seven, nine, and eleven so far as relating to decrees ad factum praestandum.55 & 56 Vict. c. 17Sheriff Courts (Scotland) Extracts Act 1892Section seven so far as relating to decrees ad factum praestandum.8 Edw. 7. c. 65Summary Jurisdiction (Scotland) Act 1908In section thirty-three, paragraph (2) from the words "and may also" to the end of the paragraph.22 & 23 Geo. 5. c. 38Hire Purchase and Small Debt (Scotland) Act 1932In section four, paragraph (a).
Subsequent developments Sections 9 and 10 of the act were repealed by section 78(1) of, and schedule 4 to, the Summary Jurisdiction (Scotland) Act 1954. Section 5 was repealed with saving by sections 1(1) and 34(2) of, and schedule 3 to, the Succession (Scotland) Act 1964. Section 8 was repealed by section 461(2) of, and schedule 10 part I to, the Criminal Procedure (Scotland) Act 1975. Section 2 was repealed by section 11 of, and schedule 2 to, the Damages (Scotland) Act 1976. Section 7 was repealed by section 23(2) of the State Immunity Act 1978.
Sections 1, 3, 4, 6 and 11 remain in force. Section 3(2) was extended by section 3(9) of the Defamation Act 1996 and was prospectively modified by section 8(5)(a) of the Human Rights Act 1998.
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