Consultation · FSRA · 6 Jan 2015
The Board of Directors of Abu Dhabi Global Market proposes the Application of English Law Regulations to apply English common law, including equity principles, and specific English statutes as part of the Global Market's legal framework. The draft regulations mandate that English common law governs matters such as contracts, torts, trusts, and personal property, subject to modifications required by local circumstances and prevailing over inconsistent common law rules. Specific UK statutes listed in a schedule are made applicable with defined omissions and modifications, while jurisprudence from the UK Supreme Court is designated as binding on Global Market courts. The document invites public comment on these proposals until 5 February 2015.
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CONSULTATION PAPER
NO 1 OF 2015
6 JANUARY 2015
APPLICATION OF
ENGLISH LAW REGULATIONS
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WHY ARE WE ISSUING THIS PAPER?
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BACKGROUND
5. ADGM was established pursuant to Abu Dhabi Law No. 4 of 2013 as a financial free zone in the Emirate
of Abu Dhabi, with its own civil and commercial laws. ADGM will offer market participants a world-class legal system and regulatory regime. APPROACH TO LEGAL SYSTEM
6. ADGM has decided to legislate for English common law to apply in, and form part of the law of, the Global
Market. English common law, as it stands from time to time, will therefore govern matters such as contracts, tort, trusts, equitable remedies, unjust enrichment, damages, conflicts of laws, security, and personal property. In addition, certain English statutes that modify aspects of the common law (such as the Contracts (Rights of Third Parties) Act 1999) or that create a statutory regime previously governed by common law (such as the Partnership Act 1890) will also be applied in the Glob al Market. The regulation of real property matters in ADGM would, however, follow a codified approach, embodied in a series of regulations to be adopted by the Board of Directors. This “stand-alone” legal regime would apply to all real property matters other than those governing the freehold ownership of land, as to which the laws of the Emirate of Abu Dhabi would continue to govern.
7. The adoption of the common law as the underlying framework would not be inconsistent with the
adoption of legislation in areas such as companies, insolvency and financial services. In common law jurisdictions such as England, Australia, Hong Kong, Singapore and New Zealand, the common law (i.e. the rules and principles formulated in court decisions) is supplemented by legislation (i.e. statutes, statutory instruments, ordinances, orders, regulations and rules). Typically, in the event of any conflict or inconsistency, legislation will override the common law. Accordingly, English common law in ADGM will be subject to, and capable of being superseded by, legislation adopted in ADGM.
8. The approach being taken by ADGM can be contrasted with two other approaches that were open to
ADGM:
(a) civil law system: adopting a comprehensive code of civil and commercial laws based either on the Napoleonic codes (e.g. the French Code Civil) or the Roman-Germanic codes (e.g. the German Bürgerliches Gesetzbuch), with the code being supplemented by treatises authored by jurists enjoying legal recognition as aids in the interpretation of the code; and (b) hybrid system: attempting to codify the common law by way of legislation on contracts, obligations, remedies, trusts, personal property and other areas.
9. ADGM has decided to follow a similar model to that utilized in other common law jurisdictions, for
example, Hong Kong and Singapore, by applying English common law directly, rather than codifying it, with respect to certain areas of the legislation as specified above. The chosen strategy of ADGM in this regard will be implemented by way of the Regulations, which are modelled on the corresponding instruments in Hong Kong (Application of English Law Ordinance) and Singapore (Application of English Law Act).
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THE REGULATIONS: APPLICATION OF ENGLISH COMMON LAW
10. Section 1 of the Regulations makes English common law (including the rules and principles of equity)
applicable in the Global Market. Such application is subject to any modifications that may be required by the circumstances of the Global Market (section 1(2)). It would be for the Global Market courts to determine in each case what modifications, if any, are required by such circumstances.
11. Following the principles applicable in England, a statutory law (such as a Global Market Regulation or an
Abu Dhabi Law specifically applicable in the Global Market) would prevail over any inconsistent common law rule or principle (section 1(3)). THE REGULATIONS: APPLICATION OF ENGLISH STATUTES
12. Section 2 of the Regulations makes certain English statutes (listed in the Schedule to the Regulations)
applicable in the Global Market. These statutes concern areas of commercial and civil law, such as contract terms or damages. In addition, English court jurisprudence on such statutes (as well as on the common law) is also made applicable in the Global Market, with only rulings of the UK Supreme Court made binding on the Global Market courts (section 2(2)). There will, however, be no appeal from the ADGM courts to any UK court, nor any formal link between such courts. ISSUES FOR CONSIDERATION Q1: IS THERE ANY REASON FOR THE BOARD TO PREFER AN APPROACH THAT CODIFIES THE COMMON LAW IN REGULATIONS DRAFTED FOR THAT PURPOSE, RATHER THAN APPLYING ENGLISH COMMON LAW DIRECTLY? ISSUES FOR CONSIDERATION Q2: IS THERE ANY REASON NOT TO MAKE THE APPLICATION OF ENGLISH COMMON LAW OR ENGLISH STATUTES SUBJECT TO MODIFICATIONS REQUIRED DUE TO THE CIRCUMSTANCES OF THE GLOBAL MARKET? ISSUES FOR CONSIDERATION Q3: SHOULD THE JURISPRUDENCE OF THE UK SUPREME COURT ON THE APPLICABLE STATUTES AND ON THE COMMON LAW BE MADE BINDING OR MERELY PERSUASIVE ON THE GLOBAL MARKET’S COURTS?
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13. The application of English statutes and jurisprudence on those statutes is, like the common law, made
subject to modifications required by the Global Market's circumstances, as well as any subsequent abolition or modification by a Global Market Regulation or Abu Dhabi Law (section 2(3) and (4)).
14. The Board has the power under section 2(8) to publish definitive versions of English statutes (i.e. as
modified by the Regulations), so that such definitive versions constitute authentic texts of the statutes admissible in the court system, obviating any need to refer to versions of the statutes published in the UK (section 2(9)). THE REGULATIONS: LIST OF, AND MODIFICATIONS TO, APPLICABLE ENGLISH STATUTES
15. The Schedule to the Regulations sets out the various English statutes made applicable in the Global
Market, together with any omissions and modifications required to make such statutes fit for application in the Global Market (for e.g. removal of irrelevant provisions). ISSUES FOR CONSIDERATION Q4: DO YOU AGREE WITH THE BOARD HAVING THE POWER UNDER SECTION 2(8) TO PUBLISH DEFINITIVE COPIES OF ENGLISH STATUTES, AS APPLICABLE IN THE GLOBAL MARKET? ISSUES FOR CONSIDERATION Q5: SHOULD ANY OF THE STATUTES LISTED IN THE SCHEDULE TO THE REGULATIONS BE OMITTED FROM THAT LIST? Q6: ARE THERE ANY OTHER ENGLISH STATUTES NOT LISTED IN THE SCHEDULE THAT OUGHT TO BE INCLUDED IN THAT LIST? Q7: SHOULD ANY OF THE OMISSIONS OR MODIFICATIONS IN THE SECOND COLUMN OF THE
SCHEDULE NOT BE MADE?
Q8: ARE THERE ANY OTHER OMISSIONS OR MODIFICATIONS THAT OUGHT TO BE SET OUT IN THE SECOND COLUMN OF THE SCHEDULE?
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ANNEX A: PROPOSED APPLICATION OF ENGLISH LAW REGULATIONS
Consulation Paper No. 1 of 2015 LNDOCS01/861680.12
Annex A
APPLICATION OF ENGLISH LAW REGULATIONS [•]
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CONTENTS
Section Page
APPLICATION OF ENGLISH LAW REGULATIONS [•] .................................................................. 1
Regulations to apply English common law (including equity) and certain statutes in the Global
Market........................................................................................................................................ 1
Date of Enactment: [•] ............................................................................................................................ 1
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APPLICATION OF ENGLISH LAW REGULATIONS [•] Regulations to apply English common law (including equity) and certain statutes in the Global Market. Date of Enactment: [•]
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part of the law of, the Global Market to the extent specified in the second column thereof and
subject to any omissions, insertions and modifications set out in that column. (2) The jurisprudence of the courts of the United Kingdom in relation to (i) the common law of England (including the principles and rules of equity) and (ii) a provision of any Act, made applicable in the Global Market pursuant to subsection (1), shall form part of the law of the Global Market as follows:
(a) the jurisprudence of all the courts of the United Kingdom (including the Judicial Committee of the Privy Council) shall be taken into account, but need not be followed, by the Court; (b) the jurisprudence of the Supreme Court of the United Kingdom (including any jurisprudence of the Appellate Committee of the House of Lords prior to the constitution of the Supreme Court) shall be binding on, and shall be followed by, the Court. (3) The Acts referred to in subsection (1) and the jurisprudence referred to in subsection (2) shall apply and have legal force in, and form part of the law of, the Global Market:
(a) so far as they are applicable to the circumstances of the Global Market; (b) subject to such modifications as those circumstances require; (c) subject to any amendment thereof (whenever made) pursuant to any Abu Dhabi Law or Global Market Regulation; and (d) notwithstanding any amendment thereof as part of the law of England made pursuant to an Act or any instrument adopted thereunder at any time after the date of enactment of these Regulations, which amendment shall have no application and legal force in the Global Market, unless and until it is so applied and given legal force by a Global Market Regulation. (4) Subsections (1) and (2) are subject to any contrary provision in any Abu Dhabi Law or Global Market Regulation. In the event of any conflict or inconsistency between (a) a provision of any Act applicable in the Global Market by virtue of subsection (1) or any jurisprudence applicable in the Global Market by virtue of subsection (2) and (b) any provision, rule or principle of any Abu Dhabi Law or Global Market Regulation or of any other legal instrument adopted pursuant thereto, the latter shall prevail. (5) In relation to any Act specified in the Schedule and for the purposes of the interpretation of any Global Market Regulation, unless the context otherwise requires or unless specified otherwise in these Regulations or by any other Global Market Regulation or by Abu Dhabi Law — (a) any reference to the United Kingdom, England and Wales, England or Great Britain shall be read as a reference to the Global Market, and "English", "British" and related expressions shall be construed accordingly; (b) any reference in such Act to a provision of any other Act shall be read as a reference to such provision as applied in, having legal force in, and forming part of the law of, the Global Market;
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(c) any reference in a Global Market Regulation to such Act shall be read as a reference to such Act as applied in, having legal force in, and forming part of the law of, the Global Market; (d) the words "statute" or "enactment" shall be read as referring to any of (i) a Federal Law applicable in the Global Market, (ii) an Abu Dhabi Law applicable in the Global Market, (iii) a Global Market Regulation, or (iv) any other Act applied and having legal force in the Global Market pursuant to these Regulations, and "statutory" and like expressions shall be construed accordingly; (e) where any provision of such Act stands repealed in relation to England as of the date of enactment of these Regulations, it shall not apply and have legal force in, and form
part of the law of, the Global Market, notwithstanding that (i) the repeal is, in
England, subject to any savings or transitional provisions, (ii) the repealed provision is not specifically omitted in the Schedule, and (iii) the provision of the repealing Act that effects the repeal is omitted by the Schedule or does not, pursuant to the
Schedule, apply and have legal force in, and form part of the law of, the Global
Market;
(f) where any provision of such Act has been modified or inserted into such Act by a provision of another Act and the first provision is, pursuant to these Regulations, applied and has legal force in, and forms part of the law of, the Global Market, it shall do so (or do so with such modification, if applicable) even if the second provision does not, pursuant to that Schedule, apply and have legal force in, and form part of the law of, the Global Market and even if the second provision is omitted pursuant to the Schedule; (g) any reference or provision relating to Scotland or Northern Ireland or to any Act relating to Scotland or Northern Ireland shall be disregarded; (h) any requirement to consider or apply public policy shall be construed as referring to the public policy of the Global Market; (i) any references to "real estate", "land", or "real property" shall be read as references to "real property", as defined in the Real Property Registration Regulations []; (j) any reference to "mortgage" or "charge" in relation to land shall be read as a reference to "mortgage", as defined in the Real Property Registration Regulations []; (k) any reference to a "personal representative" shall be read as a reference to the legal heir or representative of a deceased person; (l) any reference to the "Board" inserted in such Act by these Regulations shall be read as a reference to the Board; (m) any reference in such Act to any provision of such Act that is omitted pursuant to the
Schedule shall also be omitted;
(n) any reference to "person" shall be read as including a body of persons corporate or unincorporated; and (o) any reference to "month" means a calendar month. (6) Except as provided in these Regulations, no Act shall be part of the law of the Global Market.
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(7) In applying the common law of England (including the principles and rules of equity) in the Global Market, the provisions of subsection (5) shall be followed, unless the context otherwise requires or unless specified otherwise in these Regulations or by any other Global Market Regulation or by Abu Dhabi Law. (8) The Board may in any manner it thinks fit publish copies of the Acts which apply and have legal force in, and form part of the law of, the Global Market reflecting such revisions as are made by these Regulations. (9) The copies of Acts published in accordance with subsection (7) shall, in the Court and for all purposes related to determining the law of the Global Market, be treated as authentic texts of those Acts as applicable, having legal force in and forming part of the law of, the Global Market.
3. Concurrent administration of law and equity
(1) The Court and all tribunals in the Global Market shall administer English common law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail. (2) The Court and all tribunals in the Global Market shall, when applying the law of the Global Market, give the same effect - (a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and (b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any other law in force in the Global Market, and, subject to the provisions of these Regulations and any other law, shall so exercise their jurisdiction in every cause or matter before them as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided. (3) Nothing in these Regulations shall affect the power of the Court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.
4. Power to remove difficulties
(1) The Board may, where it considers it necessary or expedient for the purpose of removing any difficulty arising from local conditions or circumstances in the application of any provision in any Act specified in the Schedule, by resolution modify or substitute that provision.
5. Interpretation
In these Regulations, unless the context indicates otherwise, the defined terms listed below shall have the corresponding meanings:
"ADGM Basic Law" means Abu Dhabi Law No. 4 of 2013 concerning the Abu Dhabi Global Market issued by the Ruler;
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"Act" means an Act of the Parliament of the United Kingdom of Great Britain and Ireland, an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, an Act of the Parliament of Great Britain or an Act of the Parliament of England, as the context requires; "Board" means the Board of Directors of the Global Market, being the governing body of the Global Market, established under Article 4 of the ADGM Basic Law; "Court" means any of the Global Market courts established under the ADGM Basic Law; "Global Market" means the Abu Dhabi Global Market, the Financial Free Zone established pursuant to Federal Decree No. (15) of 2013 concerning the Establishment of a Financial Free Zone in the Emirate of Abu Dhabi; "Ruler" means the ruler of the Emirate of Abu Dhabi; "Schedule" means a schedule to these Regulations; and "writing" means any mode of communication that preserves a record of the information contained therein and is capable of being reproduced in tangible form, including electronic means.
6. Short title, extent and commencement
(1) These Regulations may be cited as the "Application of English Law Regulations [•]". (2) These Regulations shall apply in the Global Market. (3) These Regulations come into force on the date specified by the Board in the resolution approving the adoption of these Regulations. Such resolution may make any transitional, transitory, consequential, saving, incidental or supplementary provision as the Board thinks fit.
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SCHEDULE
APPLICABLE STATUTES
Act Extent of application and modifications Statute of Frauds 1677 (Chapter 3) The whole Act. Life Assurance Act 1774 (Chapter 48) The whole Act. Statute of Frauds Amendment Act 1828 (Chapter 14) The whole Act, other than section 9, which shall be omitted. Mercantile Law Amendment Act 1856 (Chapter 97) The whole Act, other than section 17, which shall be omitted, and subject to the following modification: in section 8, the words "United Kingdom of Great Britain and Ireland, the Islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them, being part of the dominions of Her Majesty" shall be substituted by the words "United Arab Emirates". Policies of Assurance Act 1867 (Chapter 144) The whole Act, other than section 8, which shall be omitted, and subject to the following modifications:
(1) In section 3, the words "either in England or Scotland or Ireland" shall be omitted. (2) In section 4, the words "after the thirtieth day of September one thousand eight hundred and sixty seven" shall be omitted. (3) In section 6, the words "fee not exceeding 25p" shall be substituted by the words "reasonable fee". Apportionment Act 1870 (Chapter 35) The whole Act. Bankers' Books Evidence Act 1879 (Chapter 11) The whole Act, subject to the following modifications:
(1) In section 4, the words "commissioner or" shall be omitted. (2) In section 6, the words "or under the Civil Evidence (Scotland) Act 1988, or Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act
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1993 or Schedule 8 to the Criminal Procedure (Scotland) Act 1995" shall be omitted. (3) Subsections (1), (1A), (1B) and (1C) of section 9 shall be omitted. (4) In section 10: (i) in the definition of "legal proceeding" the words "or criminal" shall be omitted; (ii) paragraphs (b) and (c) of the definition "legal proceeding" shall be omitted; (iii) the definition of "judge" shall be omitted; and (iv) the final sentence of the section shall be omitted. (5) In section 11, the words "Sunday, Christmas Day, Good Friday" shall be substituted by the words "Friday, Saturday". Bills of Exchange Act 1882 (Chapter 61) The whole Act, other than sections 94, 98, 99 and 100 and Schedule 1, which shall be omitted, and subject to the following modifications:
(1) Any references to the "British Islands" in the Act shall be read as references to the Global Market. (2) In section 2, the definition of "Postal operator" shall be substituted by the following definition: ""Postal operator" means a person who provides (a) the service of conveying postal packets from one place to another by post, or (b) any of the incidental services of receiving, collecting, sorting and delivering postal packets." (3) In subsection (1) of section 4, the definition of "British Islands" shall be omitted. (4) In subsection (2) of section 13, the words "Sunday" shall be substituted by the words "Friday or Saturday". (5) Subsection (7A) of section 51 shall be omitted. (6) In subsection (1) of section 53, the
LNDOCS01/861680.12 words "This subsection shall not extend to Scotland" shall be omitted. (7) Subsection (2) of section 53 shall be omitted. (8) In section 74A, the words "the London, Edinburgh and Belfast Gazettes" shall be substituted by the words "at least two leading English language newspapers of the United Arab Emirates". (9) In section 92, the definition of "Nonbusiness days" shall be substituted by the following: ""Non-business days" for the purposes of this Act mean any Friday, Saturday or any other day declared a public holiday in the United Arab Emirates". (10) Subsection (3) of section 97 shall be omitted. Factors Act 1889 (Chapter 45) The whole Act, other than section 16, which shall be omitted, and subject to the following modification: in section 9, the words in the second paragraph commencing with "for the purposes of this section" and ending with "in the agreement are fulfilled" shall be omitted. Partnership Act 1890 (Chapter 39) The whole Act, other than sections 22 and 47, which shall be omitted, and subject to the following modifications:
(1) In subsection (2) of section 1, the words "Companies Act 2006" shall be substituted by the words " Companies Regulations []" and the words "Act of Parliament or letters patent, or Royal Charter" shall be substituted by the word "law". (2) In paragraph (c) of subsection (3) of
section 2, the words "surviving civil
partner" shall be omitted.
(3) In section 3, the words "100p in the pound" shall be substituted by the words "the full amount due". (4) Subsection (2) of section 4 shall be omitted.
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(5) In section 9, the words "and in Scotland severally also" and the words "in England or Ireland" shall be omitted. (6) In subsection (2) of section 20, the words "or in Scotland the title to and interest in any heritable estate" shall be omitted. (7) In subsection (3) of section 20, the words "or in Scotland of any heritable estate" shall be omitted. (8) In subsection (2) of section 23, the words "High Court or a judge thereof, or the county court in England and Wales or a county court in Northern Ireland" shall be substituted by the word "Court". (9) Subsection (5) of section 23 shall be omitted. (10) In subsection (1) of section 31, between the words "An assignment" and "by any partner" the words "of any nature" shall be inserted and between the words "by any partner of" and the words "his share in the partnership" the words "all or any
part of" shall be inserted.
(11) In paragraph (a) of section 35, the words "When a partner is found lunatic by inquisition, or in Scotland by cognition, or is shown to the satisfaction of the Court to be of permanently unsound mind, in either of which cases" shall be substituted by the words "When a partner is shown to the satisfaction of the Court to be of permanently unsound mind, in which case". (12) Subsection (2) of section 36 shall be substituted by the following subsection, namely: "(2) An advertisement shall be sufficient notice, to persons who had dealings with the firm before the date of the dissolution or change so advertised, of the change in constitution of the
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(13) The following subsection shall be inserted after subsection (2) of
section 36, namely: "(2A) The
advertisement referred to in subsection (2) must be:- (a) legible and clearly state the necessary details of a change of partner or dissolution of the firm; and (b) placed in one or more newspapers or other publications best suited to bring the change or dissolution to the attention of any persons who may be affected by such change or dissolution." (14) In section 38, the words "and in relation to any prosecution of the partnership by virtue of section 1 of the Partnerships (Prosecution) (Scotland) Act 2013" shall be omitted. Bodies Corporate (Joint Tenancy) Act 1899 (Chapter 20) The whole Act. Marine Insurance Act 1906 (Chapter 41) The whole Act, subject to the following modifications:
(1) Subsection (6) of section 18 shall be omitted. (2) Subsection (2) of section 19 shall be omitted. (3) Subsection (8) of section 20 shall be omitted. (4) Subsection (1) of section 91 shall be omitted. (5) In Schedule 1, in the form of policy set out in it, the words "And it is agreed by us, the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London" appearing in the eighth paragraph shall be omitted and the word "London" appearing in the ninth paragraph shall be substituted by "………".
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Limited Partnerships Act 1907 (Chapter 24) The whole Act, other than section 10, which shall be omitted, and subject to the following modifications:
(1) In subsection (2) of section 4, the words "shall at the time of entering into such partnership contribute thereto a sum or sums as capital or property valued at a stated amount" shall be substituted by the words "may make one or more capital contributions (whether in cash or in kind) to the firm at any time", and the words "so contributed" shall be substituted by the words "of that limited partner's capital contributions (if any) (and without recourse to the personal assets of that limited partner other than such capital contributions)". (2) The words of subsection (3) of
section 4 shall be substituted by the
following words: "Subject to any agreement to the contrary among the partners, where a limited partner has made one or more capital contributions to the firm, that limited partner is entitled to withdraw all or any portion of its capital in the firm at any time. Subject to any agreement to the contrary among the partners and subject to applicable insolvency laws in the Global Market, a limited partner that withdraws all or a portion of its capital contribution shall have no liability to return the amount so withdrawn to satisfy the debts and obligations of the firm". (3) The words of subsection (3) of
section 6 shall be substituted by the
following words: "In the event of a dissolution of a limited partnership, and subject to any order made by the Court providing for a different arrangement or procedure: (a) subject to any agreement among the partners to the contrary, the general partners shall wind up the affairs of the limited partnership or shall appoint a suitably qualified person (which may
LNDOCS01/861680.12 be a third party) to do so; (b) if there are no general partners then, subject to any agreement among the partners to the contrary, the limited partners shall wind up the affairs of the limited partnership or shall appoint a suitably qualified person (which may be a third party) to do so." (4) After subsection (5) of section 6, the following subsection shall be inserted, namely: "(6) A limited partner shall not be treated as taking
part in the management of the
partnership business merely by doing one or more of the following: (a) taking part in a decision about the variation of the partnership agreement; (b) taking part in a decision about whether to approve or veto (i) a type of investment, (ii) a particular investment by the limited partnership or (iii) the participation by the relevant limited partner in a particular investment by the limited partnership; (c) taking part in a decision about whether the general nature of the partnership business should change; (d) taking part in a decision about whether to dispose of the partnership business or to acquire another business; (e) taking part in a decision about whether a person should become or cease to be a partner; (f) taking part in a decision about whether the term of the limited partnership should end, and/or whether the limited partnership should be wound up; (g) taking part in a decision about how the limited partnership should be wound up; (h) enforcing his rights under the partnership agreement (unless those rights are to carry out management functions); (i) approving the accounts of a limited partnership; (j) approving the valuation of the limited partnership’s assets; (k) being engaged under a contract by the limited partnership or by a general partner in the limited partnership (unless the contract is to carry out managerial functions); (l) acting in
LNDOCS01/861680.12 his capacity as a director, member or employee of, or a shareholder in, a general partner or any person appointed to manage or advise the limited partnership in relation to the affairs of the limited partnership; (m) taking part in a decision which involves actual or potential conflicts of interests that affect or relate to the limited partnership or its business or any partner in the limited partnership; (n) discussing the prospects of the partnership business; (o) consulting or advising a general partner, or the general partners, or any person appointed to manage the limited partnership in relation to the affairs of the limited partnership or advising in relation to the activities of the limited partnership or about it accounts (including doing so as a member of an advisory committee of the limited partnership); (p) taking
part in any decision regarding any
changes in the persons responsible for the day -to -day management of the limited partnership; (q) taking part in any decision authorising any action by or on behalf of the limited partnership that is not otherwise prohibited by the terms of the partnership agreement; (r) inspecting the books of the limited partnership and examining into the state and prospects of the partnership business, and advising partners thereon. The fact that a limited partner undertakes, or engages in, any activity not expressly referred to above shall not necessarily constitute that limited partner as taking part in the management of the partnership business." (5) The following words shall be inserted after the words of section 7: "Notwithstanding the preceding sentence, and subject to any agreement among the partners to the contrary, limited partners shall not be subject to the duties contained in sections 28 and 30 of the Partnership Act 1890, or subject to equitable and
LNDOCS01/861680.12 common law duties (if any) of similar effect." (6) In paragraph (d) of subsection (1) of
section 8A, the words "for the part of
the United Kingdom in which the principal place of business of the limited partnership is to be situated" shall be omitted. (7) Paragraphs (a), (c), (d) and (f) of subsection (2) of section 8A shall be omitted. (8) Paragraph (b) of subsection (2) of
section 8A shall be re
-numbered as paragraph (a), paragraph (e) of that subsection shall be re -numbered as paragraph (b) and after that paragraph, there shall be inserted the following paragraph, namely: "(c) an election as to whether the limited partnership is to have legal personality (such an election being irrevocable and not subject to change)". (9) Subsection (3) of section 8B shall be omitted. (10) After subsection (4) of section 8C, the following subsection shall be inserted, namely: "(5) Where the application for registration of a limited partnership includes, in accordance with Section 8A, an election that the limited partnership have legal personality, then the certificate of registration shall specify that the limited partnership has legal personality and the certificate shall be conclusive evidence of such legal personality". (11) Paragraphs (b), (e), (f) and (g) of subsection (1) of section 9 shall be omitted. (12) The words of paragraph (d) of subsection (1) of section 9 shall be substituted by the words "the general partners or the name of any general partner".
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(13) The words of subsection (2) of
section 9 shall be substituted by the
following words: "if default is made in compliance with the requirements of this section, the registrar may by written notice impose a fine not exceeding [ ] United States Dollars on each of the general partners. The procedure for imposition of fines set out in section [ ] of the Companies Regulations [ ] shall apply to the imposition of fines under this
section".
(14) In section 13, the words "send by post to" shall be substituted by the word "provide". (15) The existing provision of section 14 shall be numbered as subsection (1) and after that subsection the following subsections shall be inserted, namely: "(2) The Registrar shall be empowered to: (a) remove a limited partnership from the register and index, on receipt by the Registrar of an application from the general partners of the limited partnership (or from the former general partners of the limited partnership in the case of a dissolved limited partnership) confirming that the limited partnership is to be removed from the register and index (and where applicable that the limited partnership has been dissolved) by, and in accordance with, the agreement of the partners; (b) remove a limited partnership from the register and index on its own initiative upon or following the dissolution of the limited partnership; (c) make a correction to the register and index in respect of a limited partnership, on receipt by the Registrar of an application from the general partners of that limited partnership or as may be directed by the Court. (3) In relation to each registered limited partnership, the register and index shall specify whether or not that limited partnership has legal
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(16) In subsection (1) of section 15, the words "registrar of companies" shall be substituted by the words "Global Market's Registrations Bureau established pursuant to the ADGM Basic Law". (17) The words of subsection (2) of
section 15 shall be substituted by the
words "In this Act, references to the registrar are to be read as references to the Global Market's Registrations Bureau established pursuant to the ADGM Basic Law". (18) In subsection (1) of section 16, the words "and there shall be paid for such certificate of registration, certified copy or extract such fees as the Board of Trade may appoint, not exceeding 10p for the certificate of registration, and not exceeding 21/2p for each folio of seventy-two words, or in Scotland for each sheet of two hundred words" shall be substituted by the words "in each case for such fee as the registrar may from time to time determine." (19) In subsection (2) of section 16, the words "civil or criminal" shall be omitted. (20) In section 17, the words "Board of Trade" shall be substituted by the word "Board". Law of Property Act 1925 (Chapter 20) Sections 53, 55, 136, 155, 156, 157, 158, 159, 161, 184, and 209 only, subject to the following modifications:
(1) In section 55, paragraphs (b) and (c) shall be omitted. (2) Subsection (3) of section 136 shall be omitted. (3) Subsection (4) of section 157 shall be omitted. (4) Subsection (3) of section 158 shall be omitted.
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(5) Subsection (4) of section 159 shall be omitted. (6) Subsection (2) of section 161 shall be omitted. (7) In section 184, the words "after the commencement of this Act" shall be omitted. (8) Subsection (3) of section 209 shall be omitted. Trustee Act 1925 (Chapter 19) Parts II, III, IV and V, other than sections 34, 54, 55, 56, 63A, 64, 67, and 70, which shall be omitted, and subject to the following modifications:
(1) Subsection (3) of section 12 shall be omitted. (2) Subsection (4) of section 13 shall be omitted. (3) Paragraph (b) of subsection (2) of
section 14 shall be omitted.
(4) In section 15, the words "a personal representative or" and the words "testator's or intestate's estate or to the" shall be omitted. (5) In subsection (2) of section 16, the words "or to trustees of a settlement for the purposes of the Settled Land Act 1925, not being also the statutory owners" shall be omitted. (6) Subsection (4) of section 18 shall be omitted. (7) In subsection (1) of section 20, the words "or to a settlement within the meaning of the Settled Land Act 1925" and the words "or by a tenant for life impeachable for waste" and the words "or settlement, as the case may be" shall be omitted. (8) In subsection (2) of section 20, the words "or settlement" shall be omitted.
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(9) Paragraph (a) and (b) of subsection (3) of section 20 and subsection (6) of that section shall be omitted. (10) In subsection (4) of section 20, the words "and, in the case of money which is deemed to be capital money arising under the Settled Land Act 1925, be subject to the provisions of that Act with respect to the application of capital money by the trustees of the settlement" shall be omitted. (11) In paragraph (a) of subsection (2) of
section 22, the words "place any
distringas notice or" shall be omitted, the words "stop or other like order" shall be substituted by the word "measure" and at the end of the paragraph the words "in order to prevent dealings with such securities or other property" shall be inserted. (12) In section 24, the words "or forms
part of the estate of a testator or
intestate" and the words "or personal representatives" shall be omitted. (13) Subsection (10) of section 25 shall be omitted. (14) In subsection (1) of section 26: (i) the words "personal representative or" shall be omitted, (ii) paragraph (b) of that subsection shall be omitted, (iii) in paragraph (c) of that subsection the words "either of" shall be omitted, and (iv) in the remainder of that subsection the words "or grant", the words "or grantee", the words "or granted", the words "personal representative or", the words "legatee, devisee", the words "the residuary real and personal estate of the deceased testator or intestate, or, as the case may be", and the words "of the estate of the deceased" shall be omitted. (15) Subsection (1A) of section 26 shall be omitted.
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(16) In subsection (2) of section 26, the words "or grantor", the words "assets of the deceased or the" and the words "will or other" shall be omitted. (17) In subsection (3) of section 26: (i) the words ""grant" applies to a grant whether the rent is created by limitation, grant, reservation, or otherwise, and includes an agreement for a grant and any instrument giving any such indemnity as aforesaid or varying the liabilities under the grant", the words "and "grantee"" and the word "respectively" shall be omitted, and (ii) the word "include" shall be substituted by the word "includes" and the word "them" shall be substituted by the word "him". (18) In subsection (1) of section 27: (i) the words "the trustees of a settlement", the words "or personal representatives" and the words "including notices elsewhere than in England and Wales, as would, in any special case, have been directed by a court of competent jurisdiction in an action for administration" shall be omitted, and (ii) the words "the Gazette" shall be substituted by the words "such manner as may be prescribed by the Board by resolution". (19) In subsection (2) of section 27, the words "or personal representatives" shall be omitted. (20) In subsection (3) of section 27, the words "will or other" shall be omitted. (21) In section 28, the words "or personal representative" and the words "or estate" shall be omitted. (22) In subsection (2) of section 31, the words "or forms a civil partnership under that age", the words "or his formation of a civil partnership", the words "or formation of a civil partnership", the words "or for an
LNDOCS01/861680.12 entailed interest", the words "but without prejudice to any provision with respect thereto contained in any settlement by him made under any statutory powers during his infancy", and the words "and so that, if such property is settled land, such accumulations shall be held upon the same trusts as if the same were capital money arising therefrom" shall be omitted. (23) In subsection (3) of section 31, the words "pounds per centum" shall be substituted by the words "per cent". (24) Subsection (5) of section 31 shall be omitted. (25) Subsections (2) and (3) of section 32 shall be omitted. (26) In subsection (1) of section 33, the words "or civil partner" shall be omitted. (27) Subsections (2) and (4) of section 33 shall be omitted. (28) Subsections (2) and (4) of section 35 shall be omitted. (29) In subsection (1) of section 36, the words "subject to the restrictions imposed by this Act on the number of trustees" shall be omitted. (30) In subsection (2) of section 36, the words "but subject to the restrictions imposed by this Act on the number of trustees" shall be omitted. (31) In subsection (3) of section 36, the words "and of any enactment replaced thereby" shall be omitted. (32) Subsections (4), (5), (6), (6A), (6B), (6C) and (6D) of section 36 shall be omitted. (33) In subsection (9) of section 36, the words "of Protection" shall be omitted.
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(34) In subsection (1) of section 37, the words "subject to the restrictions imposed by this Act on the number of trustees" and the words "not exceeding four" shall be omitted. (35) In subsection (1) of section 38, the words "coming into operation after the commencement of this Act" shall be omitted. (36) In subsection (2) of section 40, the words "is made after the commencement of this Act" shall be omitted. (37) In subsection (3) of section 40, the words "whether made before or after the commencement of this Act" shall be omitted. (38) In subsection (4) of section 40, the words "an Act of Parliament" shall be substituted by the words "any law". (39) Subsection (6) of section 40 shall be omitted. (40) Subsections (2) and (4) of section 41 shall be omitted. (41) In section 42, the words "other than the Public Trustee" shall be omitted. (42) In subsections (3) and (4) of section 51, the words "Registrar of Government Stock" shall be substituted by the words "Global Market's Registrations Bureau established pursuant to the ADGM Basic Law". (43) Subsection (6) of section 51 shall be omitted. (44) Subsection (4) of section 57 shall be omitted. (45) In section 59, the words "counsel and solicitor" shall be substituted by the word "lawyer". (46) In section 61, the words "whether the
LNDOCS01/861680.12 transaction alleged to be a breach of trust occurred before or after the commencement of this Act" shall be omitted. (47) Subsection (2) of section 62 shall be omitted. (48) In section 66, the words "Bank of England, the Registrar of Government Stock, any previous Registrar of Government Stock" shall be substituted by the words "Global Market's Registrations Bureau established pursuant to the ADGM Basic Law". (49) In subsection (1) of section 68: (i) the definitions set out in paragraphs (4) (Gazette), (6) (Land), (7) (Mortgage and mortgagee), (9) (Personal representative), (15) (Tenant for life, statutory owner, settled land, settlement, trust instrument, trustees of the settlement, term of years absolute, and vesting instrument) and (20) (United Kingdom) shall be omitted; (ii) in the definition of "Instrument" the words "Act of Parliament" shall be substituted by the words "a Global Market Regulation"; (iii) in the definition of "Trust corporation" the words "the Public Trustee or", the word "either" and the words "or entitled by rules made under subsection (3) of section four of the Public Trustee Act 1906, to act as custodian trustee" shall be omitted. (50) Subsections (2) and (3) of section 68 shall be omitted. (51) Subsection (1) of section 69 shall be omitted. (52) Subsections (3) and (4) of section 71 shall be omitted. Law Reform (Miscellaneous Provisions) Act 1934 (Chapter 41) The whole Act, other than section 3, which shall be omitted, and subject to the following modification: subsection (2) of section 4 shall be omitted.
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Law Reform (Married Women and Tortfeasors) Act 1935 (Chapter 30) The whole Act, other than section 5, which shall be omitted, and subject to the following modifications:
(1) Subsection (1) of section 4 shall be omitted. (2) Subsections (2) and (3) of section 8 shall be omitted. Law Reform (Frustrated Contracts) Act 1943 (Chapter 40) The whole Act, subject to the following modification: subsections (1) and (2) of
section 2 shall be omitted.
Law Reform (Contributory Negligence) Act 1945 (Chapter 28) The whole Act, other than sections 3, 5 and 6, which shall be omitted, and subject to the following modification: in subsection (5) of
section 1, the words "the Limitation Act
1939, or any other enactment" shall be substituted by the words "any enactment". Law Reform (Personal Injuries) Act 1948 (Chapter 41) The whole Act, other than sections 2, 4 and 5, which shall be omitted, and subject to the following modifications:
(1) Subsection (2) of section 1 shall be omitted. (2) Subsection (2) of section 6 shall be omitted. Cheques Act 1957 (Chapter 36) The whole Act, other than section 7, which shall be omitted, and subject to the following modifications:
(1) Paragraph (c) of subsection (2) of
section 4 shall be omitted.
(2) Subsection (2) of section 8 shall be omitted. Occupiers' Liability Act 1957 (Chapter 31) The whole Act, other than sections 6 and 7, which shall be omitted, and subject to the following modifications:
(1) Subsection (4) of section 1 shall be omitted. (2) In subsection (4) of section 3, the words "(including a statutory tenancy which does not in law amount to a tenancy)" shall be omitted.
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(3) Subsection (5) of section 3 shall be omitted. (4) Subsection (4) of section 5 shall be omitted. (5) Subsections (2) and (3) of section 8 shall be omitted. Variation of Trusts Act 1958 (Chapter 53) The whole Act, other than section 2, which shall be omitted, and subject to the following modifications:
(1) In subsection (1) of section 1, the words "arising, whether before or after the passing of this Act, under any will, settlement or other disposition" shall be omitted. (2) Subsections (3), (5) and (6) of section 1 shall be omitted. Corporate Bodies' Contracts Act 1960 (Chapter 46) The whole Act, subject to the following modifications:
(1) Subsection (5) of section 1 shall be omitted. (2) In section 2, the reference to the "Companies Act 2006" shall be read as a reference to the Companies Regulations []. (3) In section 2, after the words "a limited liability partnership", the words "registered in accordance with the Limited Liability Partnerships Regulations []" shall be inserted. (4) Subsection (3) of section 4 shall be omitted. Law Reform (Husband and Wife) Act 1962 (Chapter 48) The whole Act, other than section 2, which shall be omitted, and subject to the following modifications:
(1) Paragraph (b) of subsection (2) of
section 1, and the words appearing
after that paragraph shall be omitted. (2) In subsection (3) of section 3, the words "and subsection (1) of section two" shall be omitted.
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(3) Subsections (4) and (5) of section 3 shall be omitted. Hire-Purchase Act 1964 (Chapter 53) The whole Act, subject to the following modifications:
(1) In subsection (1) of section 27, the words "or (in Scotland) hired" shall be omitted. (2) In subsection (1) of section 28, the words "(whether criminal or civil)" and the words "or (in Scotland) hired" shall be omitted. (3) In section 29, the words "or (in Scotland) hired", the words "or (in Scotland) hiring" and the words "or hired" shall be omitted. (4) In paragraph (b) of subsection (4) of
section 29, the words "including a
person who at the time is, by virtue of
section 130(4) of the Consumer
Credit Act 1974 treated as a bailee or (in Scotland) a custodier of the vehicle" shall be omitted. (5) Subsection (5) of section 37 shall be omitted. Misrepresentation Act 1967 (Chapter 7) The whole Act, other than section 5, which shall be omitted, and subject to the following modifications:
(1) Subsections (4) and (5) of section 2 shall be omitted. (2) Subsections (2), (3) and (4) of section 6 shall be omitted. Law Reform (Miscellaneous Provisions) Act 1970 (Chapter 33) The whole Act, other than the Schedule, which shall be omitted, and subject to the following modifications:
(1) Subsection (2) of section 1 shall be omitted. (2) In subsection (1) of section 2, the words "including any such rule as explained by section 37 of the Matrimonial Proceedings and Property Act 1970" shall be omitted.
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(3) Subsection (2) of section 2 shall be omitted. (4) In section 5, the words "except in the case of a cause of action accruing before this Act comes into force if an action in respect thereof has been begun before this Act comes into force" shall be omitted. (5) Subsections (2), (3) and (4) of section 7 shall be omitted. Powers of Attorney Act 1971 (Chapter 27) The whole Act, other than Schedule 2, which shall be omitted, and subject to the following modifications:
(1) In paragraph (b) of subsection (1) of
section 3, the words "solicitor,
authorised person or stockbroker" shall be substituted by the word "lawyer". (2) Subsections (3) and (5) of section 3 shall be omitted. (3) In subsection (4) of section 3, the words "section 4 of the Evidence and Powers of Attorney Act 1940 (proof of deposited instruments by office copy) and to" and the word "other" shall be omitted. (4) Subsection (3) of section 4 shall be omitted. (5) In paragraph (b) of subsection (4) of
section 5, the words "statutory
declaration" shall be substituted by the words "a declaration in a form prescribed by the Board in a resolution". (6) The words of subsection (6) of
section 5 shall be substituted by the
following words: "In this section: (a) "purchaser" means a purchaser in good faith for money or money's worth and includes a lessee, mortgagee or other person who for money or money's worth acquires an interest in property; (b) where the context so requires "purchaser"
LNDOCS01/861680.12 includes an intending purchaser; and (c) "purchase" has a meaning corresponding with that of "purchaser"". (7) Subsection (7) of section 5 shall be omitted. (8) The words of subsection (2) of
section 6 shall be substituted by the
following words: "In this section: (a) "registered securities" means transferable securities the holders of which are entered in a register (whether maintained in the Global Market or not); and (b) "stock exchange transaction" means a sale and purchase of securities in which each of the parties is a member of a stock exchange acting in the ordinary course of his business as such or is acting through the agency of such a member; and for the purposes of this definition "stock exchange" means any stock exchange which is declared to be a recognised stock exchange by resolution of the Board." (9) Subsections (2) and (4) of section 7 shall be omitted. (10) In subsection (2) of section 10, the words "or personal representative or as a tenant for life or statutory owner within the meaning of the Settled Land Act 1925" shall be omitted. (11) Subsections (2), (3) and (5) of section 11 shall be omitted. Insurance Companies Amendment Act 1973 (Chapter 58) The whole Act, subject to the following modification: subsection (2) of section 50 shall be omitted. Supply of Goods (Implied Terms) Act 1973 (Chapter 13) The whole Act, other than sections 12A and 17, which shall be omitted, and subject to the following modifications:
(1) In subsection (1) of section 8, the words "or (in Scotland) hired" shall be omitted. (2) In subsection (2) of section 8, the words "or hired" shall be omitted.
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(3) In subsection (3) of section 8, the words "as regards England and Wales and Northern Ireland" shall be omitted. (4) In subsection (1) of section 9, the words "or (in Scotland) hired" and the words "or hired" shall be omitted. (5) In subsection (1A) of section 9, the words "as regards England and Wales and Northern Ireland" shall be omitted. (6) In subsection (2) of section 9, the words "or hired" and the words "or hire" shall be omitted. (7) In subsection (1) of section 10, the words "and subject to the provisions of any other enactment, including any enactment of the Parliament of Northern Ireland, or the Northern Ireland Assembly" and the words "or (in Scotland) hired" shall be omitted. (8) In subsection (2) of section 10, the words "or hires" shall be omitted. (9) In subsection (2C) of section 10, the words "or hired" shall be omitted. (10) In subsection (2D) of section 10, the words "or hired" and the words "or, in Scotland, if the goods are hired to a person under a consumer contract" shall be omitted. (11) In subsection (2F) of section 10, the words "or hired" and the words "or, in Scotland, whether or not the goods are hired to a person under a consumer contract" shall be omitted. (12) In subsection (3) of section 10, the words "or hires" and the words "or hired" shall be omitted. (13) In subsection (5) of section 10, the words "or hiring" and the words "or hired" shall be omitted. (14) In subsection (7) of section 10, the
LNDOCS01/861680.12 words "as regards England and Wales and Northern Ireland" shall be omitted. (15) Subsection (8) of section 10 shall be omitted. (16) In subsection (1) of section 11, the words "or (in Scotland) hired" and the words "or hired" shall be omitted. (17) In subsection (2) of section 11, the words "as regards England and Wales and Northern Ireland" shall be omitted. (18) Subsection (5) of section 11A shall be omitted. (19) In subsection (2) of section 14, the words "in England and Wales and Northern Ireland" shall be omitted. (20) In subsection (1) of section 15: (i) in the definition of "business", the words "(including a Northern Ireland department)" shall be omitted; (ii) in the definition of "creditor", the words "or (in Scotland) hired" shall be omitted; (iii) in the definition of "hire-purchase agreement" the words "or (in Scotland) hired" and the words "or hired" shall be omitted; and (iv) in the definition of "producer" the words "into the European Economic Area" shall be omitted. (21) In subsection (4) of section 15, the words "including any enactment of the Parliament of Northern Ireland or the Northern Ireland Assembly" shall be omitted. (22) Subsections (3), (4) and (5) of section 18 shall be omitted. Fatal Accidents Act 1976 (Chapter 30) The whole Act, other than section 6 and Schedules 1 and 2, which shall be omitted, and subject to following modifications:
(1) In subsection (3) of section 1, paragraphs (aa), (b) and (fa) shall be omitted.
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(2) Subsection (4A) of section 1 shall be omitted. (3) In paragraph (a) of subsection (5) of
section 1, the words "or civil
partnership" shall be omitted.
(4) Paragraph (b) of subsection (5) of
section 1 shall be omitted.
(5) In paragraphs (a) and (b) of subsection (2) of section 1A, the words "or civil partner" shall be omitted. (6) In paragraph (b) of subsection (2) of
section 1A, the words "if he was
legitimate; and" and the words "of his mother, if he was illegitimate" shall be omitted. (7) In subsection (3) of section 1A, the
figure "£12,980" shall be substituted
by the figure "20,000 United States Dollars". (8) In subsection (5) of section 1A, the words "Lord Chancellor" shall be substituted by the word "Board" and the words "order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament" shall be substituted by the word "resolution". (9) In subsection (4) of section 2, the word "solicitor" shall be substituted by the word "lawyer". (10) Subsection (4) of section 3 shall be omitted. (11) Subsections (2) and (3) of section 7 shall be omitted. Torts (Interference with Goods) Act 1977 (Chapter 32) The whole Act, other than sections 15 and 16 and Schedule 2, which shall be omitted, and subject to the following modifications:
(1) In section 1, the words "and references in this Act (however worded) to proceedings for wrongful interference or to a claim or right to
LNDOCS01/861680.12 claim for wrongful interference shall include references to proceedings by virtue of Part I of the Consumer Protection Act 1987 or Part II of the Consumer Protection (Northern Ireland) Order 1987 (product liability) in respect of any damage to goods or to an interest in goods or, as the case may be, to a claim or right to claim by virtue of that Part in respect of any such damage" shall be omitted. (2) In subsection (8) of section 3, the words "(a) to the remedies afforded by section 133 of the Consumer Credit Act 1974;" and the words "or to those sections of the Hire-Purchase Act (Northern Ireland) 1966 (so long as those sections respectively remain in force)" shall be omitted. (3) Subsections (4), (5) and (6) of section 4 shall be omitted. (4) Subsections (3) and (4) of section 9 shall be omitted. (5) Subsection (9) of section 12 shall be omitted. (6) Subsection (3) of section 13 shall be omitted. (7) In subsection (1) of section 14, the definitions of "enactment" and "High Court" shall be omitted. (8) Subsections (2) and (3) of section 17 shall be omitted. (9) In paragraph 6 of Schedule 1, the words "in a registered letter, or by the recorded delivery service" shall be omitted. (10) In paragraph 8 of Schedule 1, the words "and of section 26 of the Interpretation Act 1889 in its application to this Schedule" shall be omitted. Unfair Contract Terms Act 1977 (Chapter 50) Parts I and III only, other than sections 8, 28 and 31 and Schedules 3 and 4, which shall be
LNDOCS01/861680.12 omitted, and subject to the following modifications:
(1) In paragraph (c) of subsection (1) of
section 1, the words "or the
Occupiers' Liability Act (Northern Ireland) 1957" shall be omitted. (2) In subsection (1) of section 11, the words "and section 3 of the Misrepresentation Act (Northern Ireland) 1967" shall be omitted. (3) In section 14, the definition of "hire purchase agreement" shall be substituted by the following definition: ""hire -purchase agreement means an agreement, other than a conditional sale agreement, under which — (a) goods are bailed in return for periodical payments by the person to whom they are bailed, and (b) the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs — (i) the exercise of an option to purchase by that person, (ii) the doing of any other specified act by any party to the agreement, (iii) the happening of any other specified event; and for the purposes of this definition "conditional sale agreement" means an agreement for the sale of goods or land under which the purchase price or part of it is payable by instal lments, and the property in the goods or land is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods or land) until such conditions as to the payment of instal lments or otherwise as may be specified in the agreement are fulfilled". (4) In paragraph (b) of subsection (3) of
section 26, the words "(the Channel
Islands and the Isle of Man being treated for this purpose as different States from the United Kingdom)" shall be omitted. (5) In subsection (1) of section 27, the
LNDOCS01/861680.12 words "any part of" shall be omitted. (6) Subsection (3) of section 27 shall be omitted. (7) Paragraph (b) of subsection (1) of
section 29 shall be omitted.
(8) In subsection (3) of section 29, the definitions of "enactment" and "statutory" shall be omitted. (9) Subsections (2), (3) and (4) of section 32 shall be omitted. (10) Sub-paragraph (f) of paragraph 1 of
Schedule 1 shall be omitted.
(11) Paragraph 5 of Schedule 1 shall be omitted. Civil Liability (Contribution) Act 1978 (Chapter 47) The whole Act, other than sections 5, 8 and 9 and Schedules 1 and 2, which shall be omitted, and subject to the following modifications:
(1) In subsection (5) of section 1, the words "any part of" shall be omitted. (2) Subsections (1) and (2) of section 7 shall be omitted. (3) Subsections (2) and (3) of section 10 shall be omitted. Sale of Goods Act 1979 (Chapter 54) The whole Act, other than sections 1, 15B, 22, 53A, 56, 58, and 63, and Schedules 1, 2, 3 and 4, which shall be omitted, and subject to the following modifications:
(1) All references in the Act to "custodier" shall be omitted. (2) All references in the Act to "the Factors Acts" shall be substituted by references to "the Factors Act 1889". (3) Subsections (1) and (7) of section 11 shall be omitted. (4) In subsection (5A) of section 12, the words "as regards England and Wales and Northern Ireland" shall be omitted.
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(5) Subsection (6) of section 12 shall be omitted. (6) In subsection (1A) of section 13, the words "as regards England and Wales and Northern Ireland" shall be omitted. (7) Subsection (4) of section 13 shall be omitted. (8) In subsection (2D) of section 14, the words "or, in Scotland, if a contract of sale is a consumer contract" shall be omitted. (9) In subsection (2F) of section 14, the words "or, in Scotland, whether or not the contract of sale is a consumer contract" shall be omitted. (10) In subsection (6) of section 14, the words "as regards England and Wales and Northern Ireland" shall be omitted. (11) Subsections (7) and (8) of section 14 shall be omitted. (12) In subsection (3) of section 15, the words "as regards England and Wales and Northern Ireland" shall be omitted. (13) Subsection (4) of section 15 shall be omitted. (14) Subsection (4) of section 15A shall be omitted. (15) In subsection (4) of section 20, the words "or, in Scotland, where there is a consumer contract in which the buyer is a consumer" shall be omitted. (16) Subsections (2), (3) and (4) of section 25 shall be omitted. (17) Subsection (2C) of section 30 shall be omitted. (18) In subsection (4) of section 32, the
LNDOCS01/861680.12 words "or, in Scotland, where there is a consumer contract in which the buyer is a consumer" shall be omitted. (19) In subsection (3) of section 35, the words "or (in Scotland) the contract of sale is a consumer contract" shall be omitted. (20) Subsection (8) of section 35 shall be omitted. (21) In subsection (1) of section 48A, the words "or, in Scotland, there is a consumer contract in which the buyer is a consumer" shall be omitted. (22) In subsection (2) of section 48D, the words "in England and Wales or Northern Ireland" and the words "in Scotland he rejects any goods delivered under the contract and treats it as repudiated" shall be omitted. (23) In subsection (2) of section 48E, the words "or, in Scotland, specific implement" shall be omitted. (24) Subsection (3) of section 49 shall be omitted. (25) Subsection (4) of section 52 shall be omitted. (26) Subsection (5) of section 53 shall be omitted. (27) Subsection (3) of section 55 shall be omitted. (28) In subsection (1) of section 61: (i) in the definition of "action" the words "and in Scotland condescendence and claim and compensation" shall be omitted; (ii) in the definition of "business" the words "(including a Northern Ireland department)" shall be omitted; (iii) the definition of "consumer contract" shall be omitted; (iv) the definition of "defendant" shall be omitted; (v) the definition of "Factors Acts" shall be omitted; (vi)
LNDOCS01/861680.12 in the definition of "goods", the words "and in Scotland all corporeal moveables except money" shall be omitted; (vii) the definition of "plaintiff" shall be omitted; (viii) in the definition of "producer", the words "into the European Economic Area" shall be omitted; and (ix) in the definition of "warranty" the words "as regards England and Wales and Northern Ireland" shall be omitted. (29) Subsection (6) of section 61 shall be omitted. (30) Subsections (3) and (5) of section 62 shall be omitted. (31) Subsection (2) of section 64 shall be omitted. Limitation Act 1980 (Chapter 58) The whole Act, other than sections 4, 11A, 19A, 22, 26, 27, 27A, 27AB, 27B, 27C, 33A, 37, 40, and Schedules 2, 3, and 4, which shall be omitted, and subject to the following modifications:
(1) Subsections (1A) and (6) of section 11 shall be omitted. (2) Subsection (1A) of section 14 shall be omitted. (3) Subsections (3) and (7) of section 15 shall be omitted. (4) Subsection (2) of section 18 shall be omitted, paragraph (a) of subsection (4) of section 18 shall be omitted and any references to "settled land" or "statutory owners" in that section shall be omitted. (5) The words "and the power conferred by section 72(1) of the Tribunals, Courts and Enforcement Act 2007 shall not be exercisable" in section 19 shall be omitted. (6) Subsection (7) of section 28 shall be omitted. (7) Paragraph (b) of subsection (2) of
section 29 shall be omitted and
LNDOCS01/861680.12 references to "advowson" or "benefice" in that section shall be omitted. (8) The reference to "benefice" in subsection (1) of section 31 shall be omitted. (9) Subsection (4A) of section 32 shall be omitted. (10) Subsection (1A) of section 33 shall be omitted. (11) The second sentence of subsection (2) of section 33 shall be omitted. (12) In subsection (3) of section 35, the words "neither the High Court nor any county court" in the first sentence of that subsection shall be substituted by the words "no Court". (13) In subsection (1) of section 36, after the words "Limitation Act 1939 was applied" the words "in England" shall be inserted. (14) In subsection (1) of section 38: (i) in the definition of "action", the words "including an ecclesiastical court (and see subsection (11) below)" shall be omitted; (ii) the definition of "land" shall be omitted; (iii) the definition of "personal estate" and "personal property" shall be omitted; (iv) the definition of "rent" shall be omitted; and (v) the definitions of "settled land", "statutory owner" and "tenant for life" shall be omitted. (15) Subsections (8) and (11) of section 38 shall be omitted. (16) In subsection (2) of section 38, the words "(within the meaning of the Mental Capacity Act 2005)" shall be omitted. (17) In subsection (5) of section 38, the words "and any person whose estate or interest might have been barred by a person entitled to an entailed interest in possession shall be treated
LNDOCS01/861680.12 as claiming through the person so entitled" shall be omitted. (18) In subsection (7) of section 38, the words "or, in the case of rentcharges and tithes, to distrain for arrears of rent or tithe" and the word "distress" shall be omitted. (19) In section 39, the words "or to any action or arbitration to which the Crown is a party and for which, if it were between subjects, a period of limitation would be prescribed by or under any such other enactment" shall be omitted. (20) Subsections (2), (3) and (4) of section 41 shall be omitted. (21) In paragraph 2 of Schedule 1, the words "or, in the case of a rentcharge created by will or taking effect upon his death, in possession of the land charged" shall be omitted. (22) In paragraph 3 of Schedule 1, the words "or, in the case of a rentcharge created by the assurance, in possession of the land charged" shall be omitted. (23) In sub-paragraph (1) of paragraph 6 of Schedule 1, the words "by which a rent of not less than ten pounds a year is reserved" shall be omitted. (24) Sub-paragraph (2) of paragraph 6 of
Schedule 1 shall be omitted.
(25) In sub-paragraph (3) of paragraph 8 of Schedule 1, the words "possession of any land subject to a rentcharge by a person (other than the person entitled to the rentcharge) who does not pay the rent shall be treated as adverse possession of the rentcharge; and" shall be omitted. (26) In paragraph 9 of Schedule 1, the words "settled land or any" and the words "tenant for life, statutory owner or" shall be omitted.
LNDOCS01/861680.12
(27) Paragraphs 10 to 13 inclusive of
Schedule 1 shall be omitted.
Supply of Goods and Services Act 1982 (Chapter 29) Parts I, IB, II, and III only, other than section 17, which shall be omitted, and subject to the following modifications:
(1) In subsections (1) and (3) of section 1 and subsections (1) and (3) of section 6, the words "in its application to England and Wales and Northern Ireland" shall be omitted. (2) In subsection (1) of section 11M, the words "or, in Scotland, there is a consumer contract in which the transferee is a consumer" shall be omitted. (3) Subsection (5) of section 11M shall be omitted. (4) Paragraph (b) of subsection (2) of
section 11Q shall be omitted, and, in
paragraph (a) of that subsection, the words "in England and Wales or Northern Ireland" shall be omitted. (5) In subsection (2) of section 11R, the words "or, in Scotland, specific implement" shall be omitted. (6) In section 11S, the words "or, in Scotland, by section 11C, section 11D or 11E above" and the words "or (in Scotland) in breach of any term implied by any rule of law as to the manner in which the installation is carried out" shall be omitted. (7) In subsection (4) of section 12, the words "Secretary of State" shall be substituted by the word "Board" and the references to "order" shall be read as references to a "resolution". (8) Subsection (5) of section 12 shall be omitted. (9) In subsection (1) of section 18: (i) in the definition of "credit brokerage" the words "or as regards Scotland the hire" shall be omitted; (ii) the
LNDOCS01/861680.12 definition of "enactment" shall be omitted; (iii) in the definition of "goods", the words "and as regards Scotland all corporeal moveables" shall be omitted; (iv) the definition of "hire purchase agreement" shall be substituted by the following definition: ""hire-purchase agreement means an agreement, other than a conditional sale agreement, under which — (a) goods are bailed in return for periodical payments by the person to whom they are bailed, and (b) the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs — (i) the exercise of an option to purchase by that person, (ii) the doing of any other specified act by any party to the agreement, (iii) the happening of any other specified event; and for the purposes of this definition "conditional sale agreement" means an agreement for the sale of goods or land under which the purchase price or part of it is payable by installments, and the property in the goods or land is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods or land) until such conditions as to the payment of installments or otherwise as may be specified in the agreement are fulfilled"; and (v) in the definition of "producer" the words "into the European Economic Area" shall be omitted. (10) Subsections (2), (3), (4), (5) and (6) of section 20 shall be omitted. Foreign Limitation Periods Act 1984 (Chapter 16) The whole Act, other than sections 1A, 6, and 8, which shall be omitted, and subject to the following modifications:
(1) References in the Act to a "country" shall be read as references to a "jurisdiction". (2) In subsection (1) of section 1, the words "subject to section 1A" shall be omitted.
LNDOCS01/861680.12
(3) Subsections (2), (3) and (4) of section 7 shall be omitted. Occupiers' Liability Act 1984 (Chapter 3) The whole Act, other than sections 1A, 2 and 3, which shall be omitted, and subject to the following modifications:
(1) Subsections (6A), (6AA), (6B) and (6C) of section 1 shall be omitted. (2) Subsections (2) and (3) of section 4 shall be omitted. Latent Damage Act 1986 (Chapter 37) The whole Act, other than section 4, which shall be omitted, and subject to the following modifications:
(1) Subsection (7) of section 3 shall be omitted, and in subsection (4) of
section 3, the words "section 538 of
the Companies Act 1985 (vesting of company property in liquidator)" shall be substituted by the words "Section [•] of the Insolvency Regulations []". (2) In subsection (2) of section 5, the words "has the meaning given by
section 1" shall be substituted by the
words "means the Limitation Act 1980". (3) Subsections (3) and (4) of section 5 shall be omitted. Minors' Contracts Act 1987 (Chapter 13) Sections 2, 3 and 5 only, subject to the following modifications:
(1) In subsection (1)(a) of section 3, the words "after the commencement of this Act" shall be omitted. (2) Subsections (2) and (3) of section 5 shall be omitted. Law of Property (Miscellaneous Provisions) Act 1989 (Chapter 34) The whole Act, other than sections 2, 4 and 5 and Schedules 1 and 2, which shall be omitted, and subject to the following modifications:
(1) In subsection (6) of section 1, (i) the definition of "purchaser" shall be substituted by the following
LNDOCS01/861680.12 definition: ""purchaser" means a purchaser in good faith for money or money's worth and includes a lessee, mortgagee or other person who for money or money's worth acquires an interest in property; where the context so requires "purchaser" includes an intending purchaser; and "purchase" has a meaning corresponding with that of "purchaser""; and (ii) the definition of "relevant lawyer" shall be substituted by the following definition: ""relevant lawyer" means a person who, by way of business, provides legal services to third parties." (2) Subsections (8), (9) and (11) of
section 1 shall be omitted.
(3) In section 3, the words "in relation to contracts made after this section comes into force" shall be omitted. (4) Subsection (2) of section 6 shall be omitted. Carriage of Goods by Sea Act 1992 (Chapter 50) The whole Act, subject to the following modifications:
(1) In subsections (5) and (6) of section 1: (i) the words "Secretary of State", wherever they occur, shall be substituted by the word "Board"; and (ii) the word "regulations" in subsection (5) of section 1 shall be substituted by the word "resolution"; (iii) the word "regulations" in subsection (6) of section 1 shall be substituted by the words "A resolution"; and (iv) the words "and the power to make regulations under that subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament" in subsection (6) of
section 1 shall be omitted.
(2) Subsection (5) of section 5 shall be omitted. (3) Subsections (3) and (4) of section 6
LNDOCS01/861680.12 shall be omitted.
Private International Law (Miscellaneous Provisions) Act 1995 (Chapter 42) Parts III and IV only, other than sections 14, 15, 15A, 15B, 16, 17, and 18, and the
Schedule, which shall be omitted, and subject
to the following modifications:
(1) The words "or delict" shall be omitted in the whole of Parts III and IV. (2) In subsection (1) of section 9, the words "or (for the purposes of the law of Scotland) delict" shall be omitted. (3) In subsection (6) of section 9, the words "(and without prejudice to the operation of section 14 below)" shall be omitted. (4) Subsections (7) and (8) of section 9 shall be omitted. (5) In section 12, subsections (1) and (2) shall be re-numbered as subsections (2) and (3) respectively, and the following subsection shall be inserted as subsection (1), namely: "(1) A party's non-contractual obligations to another party shall be governed by any law expressly chosen by those parties in an agreement between them to apply such law to those noncontractual obligations, whether entered into before or after the event giving rise to the damage occurred." (6) In subsection (2) of section 13, the words "any part of" and the words "and any claim under the law of Scotland for verbal injury" shall be omitted. Damages Act 1996 (Chapter 48) The whole Act, other than sections 4 and 6 and the Schedule, which shall be omitted, and subject to the following modifications:
(1) In subsection (1) of section 1, the words "Lord Chancellor" shall be substituted by the word "Board". (2) Subsections (4), (5) and (6) of section 1 shall be omitted.
LNDOCS01/861680.12
(3) Subsection (4) of section 2 shall be omitted. (4) In subsection (5) of section 2, the words "by virtue of subsection (4)" shall be omitted. (5) Paragraphs (b), (c) and (d) of subsection (7) of section 2 shall be omitted. (6) In subsection (8) of section 2, the words "the retail prices index (within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988)" shall be substituted by the words "such price index" and the words "Civil Procedure Rules" shall be substituted by the words "the Procedural Rules of the Court". (7) In subsection (1) of section 2A, the words "Civil Procedure Rules" shall be substituted by the words "the Procedural Rules of the Court". (8) Subsections (2), (3), (4) and (6) of
section 2A shall be omitted.
(9) In subsections (1) and (2) of section 2B, the words "Lord Chancellor" shall be substituted by the word "Board" and the word "order" shall be substituted by the word "resolution". (10) In subsections (3) and (4) of section 2B, the words "an order under this
section" shall be substituted by the
words "a resolution under this
section".
(11) In subsection (3) of section 2B, the words "Civil Procedure Rules" shall be substituted by the words "the Procedural Rules of the Court" and the words "or, in relation to Northern Ireland, rules of court" shall be omitted. (12) Subsections (5), (6) and (8) of section 2B shall be omitted.
LNDOCS01/861680.12
(13) In subsection (7) of section 2B: (i) the definition of "provisional damages" shall be substituted by the following definition: ""provisional damages" means damages awarded by virtue of section [] of the Courts Regulations []"; and (ii) the definition of "further damages" shall be substituted by the following definition: ""further damages" means damages awarded by virtue of section [] of the Courts Regulations []". (14) In subsection (5) of section 3, the definition of "provisional damages" shall be substituted by the following definition: ""provisional damages" means damages awarded by virtue of
section [] of the Courts Regulations
[]".
(15) Subsections (6) and (7) of section 3 shall be omitted. (16) Subsections (2) and (3) of section 7 shall be omitted. (17) Subsections (2) and (3) of section 8 shall be omitted. Trusts of Land and Appointment of Trustees Act 1996 (Chapter 47) The whole Act, other than sections 2, 5, 16, 18, 24, and 25, and Schedules 1, 2, 3, and 4, which shall be omitted, and subject to the following modifications:
(1) Paragraph (b) of subsection (2) of
section 1 and subsection (3) of that
section shall be omitted.
(2) Subsections (2) and (3) of section 3 shall be omitted. (3) Subsections (2) and (3) of section 4 shall be omitted. (4) In subsection (7) of section 6, the words "or of the Charity Commission" shall be omitted. (5) Subsection (6) of section 7 shall be omitted. (6) In subsection (3) of section 8, the
LNDOCS01/861680.12 words "ecclesiastical or public" shall be omitted. (7) In subsection (2) of section 9, the words "statutory declaration" shall be substituted by the words "declaration in a form prescribed by the Board by resolution". (8) Subsections (6) and (9) of section 9 shall be omitted. (9) Subsection (7) of section 9A shall be omitted. (10) In subsection (2) of section 10, the words "ecclesiastical or public" shall be omitted. (11) In subsection (3) of section 10, the words "within the meaning of the Children Act 1989" shall be omitted. (12) Paragraph (b) of subsection (2) of
section 11 and subsections (3) and (4)
of that section shall be omitted.
(13) Subsection (4) of section 14 shall be omitted. (14) Subsection (4) of section 15 shall be omitted. (15) In subsection (3) of section 17, the words "(including settled land)" shall be omitted. (16) Paragraph (b) of subsection (4) of
section 17 and subsections (5) and (6)
of that section shall be omitted.
(17) Subsection (5) of section 19 shall be omitted. (18) In subsection (1)(a) of section 20, the words "(within the meaning of the Mental Capacity Act 2005)" shall be omitted. (19) In subsection (2) of section 20, paragraph (b) of that subsection and the words "of Protection" shall be omitted.
LNDOCS01/861680.12
(20) In subsection (4) of section 21, the words "or section 24(1) of the Law of Property Act 1925 (requirements as to identity of trustees)" shall be omitted. (21) Subsections (6), (7) and (8) of section 21 shall be omitted. (22) The words of subsection (1) of
section 23 shall be substituted by the
following words: "In this Act: (a) "purchaser" means a purchaser in good faith for money or money's worth and includes a lessee, mortgagee or other person who for money or money's worth acquires an interest in property; (b) where the context so requires "purchaser" includes an intending purchaser; and (c) "purchase" has a meaning corresponding with that of "purchaser"." (23) Subsections (2) and (3) of section 23 shall be omitted. (24) In subsection (1) of section 26, the words "Lord Chancellor" shall be substituted by the word "Board" and the words "order made by statutory instrument" shall be substituted by the word "resolution" and the word "him" shall be substituted by the word "them". (25) Subsections (2) and (3) of section 26 shall be omitted. (26) Subsections (2), (3), and (4) of
section 27 shall be omitted.
Contracts (Rights of Third Parties) Act 1999 (Chapter 31) The whole Act, other than section 9, which shall be omitted, and subject to the following modifications:
(1) Subsection (7) of section 2 shall be omitted. (2) In subsection (2) of section 6, the words "section 33 of the Companies Act 2006" shall be substituted by the words "Section [] of the Companies
LNDOCS01/861680.12
Regulations []".
(3) Paragraphs (b) and (c) of subsection (3) of section 6 shall be omitted. (4) Subsections (4), (5), (6), (7) and (8) of section 6 shall be omitted. (5) In subsections (1) and (2) of section 8, the words "Part I of the Arbitration Act 1996" shall be substituted by the words "Section [] of the Arbitration Regulations []" and the words "that Act" shall be substituted by the words "those Regulations". (6) Subsections (2), (3) and (4) of section 10 shall be omitted. Trustee Delegation Act 1999 (Chapter 15) The whole Act, other than sections 3, 5, 7, 8, 9, and 12 and the Schedule, which shall be omitted, and subject to the following modifications:
(1) Paragraph (a) of subsection (2) of
section 1 and subsections (7) and (9)
of that section shall be omitted.
(2) The words of subsection (1) of
section 2 shall be substituted by the
following words: "In this subsection:
(a) "purchaser" means a purchaser in good faith for money or money's worth and includes a lessee, mortgagee or other person who for money or money's worth acquires an interest in property; (b) where the context so requires "purchaser" includes an intending purchaser; and (c) "purchase" has a meaning corresponding with that of "purchaser"." (3) Subsection (4) of section 2 shall be omitted. (4) Subsection (3) of section 10 shall be omitted. (5) Subsection (1) of section 11 shall be omitted. (6) Subsections (1) and (2) of section 13 shall be omitted.
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Trustee Act 2000 (Chapter 29) The whole Act, other than sections 7, 10, 27, 33, 34, 35, 36, 37, 38, 40, 41, and 42, and Schedules 2, 3 and 4, which shall be omitted, and subject to the following modifications:
(1) In subsection (3) of section 6, the words "has the same meaning as in the Interpretation Act 1978" shall be substituted by the words "means any resolution of the Board or any rules made by the Board". (2) Subsection (2) of section 8 shall be omitted. (3) In paragraph (d) of subsection (3) of
section 11, the words "an order made
by the Secretary of State" shall be substituted by the words "a resolution of the Board". (4) Subsection (5) of section 11 shall be omitted. (5) In subsection (1) of section 16, the words "(other than settled land)" shall be omitted. (6) Subsection (3) of section 16 shall be omitted. (7) Subsection (4) of section 17 shall be omitted. (8) Subsection (4) of section 18 shall be omitted. (9) Paragraph (c) of subsection (2) of
section 19 and subsection (4) of that
section shall be omitted.
(10) The words of subsection (3) of
section 19 shall be substituted by the
following words: "For the purposes of determining whether a body corporate is controlled by trustees, in relation to a body corporate (“company A”), “control” means the power of a person (“P”) to secure — (a) by means of the holding of shares or the possession of voting power in relation to that or any other body corporate, or (b) as a result of any
LNDOCS01/861680.12 powers conferred by the articles of association or other document regulating that or any other body corporate, that the affairs of company A are conducted in accordance with P's wishes, and in relation to a partnership, “control” means the right to a share of more than half the assets, or of more than half the income, of the partnership." (11) Subsection (4) of section 28 shall be omitted. (12) In subsection (3) of section 29, the words "and for the purposes of subsection (1) includes, in relation to the provision of services by a trustee who is a deposit taker and provides the services in that capacity, the deposit taker's reasonable charges for the provision of such services" shall be omitted. (13) Subsections (3A), (3B) and (3C) of
section 29 shall be omitted.
(14) In subsections (1) and (3) of section 30, the word "Secretary of State" shall be substituted by the word "Board" and the word "regulations" shall be substituted by the word "resolution". (15) Subsection (4) of section 30 shall be omitted. (16) In subsection (1) of section 39, the definitions of "charitable trust", "custodian trustee", "enactment", "exempt charity", "legal mortgage", "personal representative" and "settled land" shall be omitted. Perpetuities and Accumulations Act 2009 (Chapter 18) The whole Act, other than sections 4, 12, 13, 15, 16, 17, 21, 22, and 23 and the Schedule, which shall be omitted, and subject to the following modifications:
(1) Subsection (9) of section 1 shall be omitted. (2) Subsections (4) and (5) of section 2 shall be omitted.
LNDOCS01/861680.12
(3) In section 3, the words "Lord Chancellor" shall be substituted by the word "Board" and the word "order" shall be substituted by the word "resolution". (4) Subsections (5) and (6) of section 3 shall be omitted. (5) Subsections (3) and (4) of section 6 shall be omitted. (6) In subsection (2) of section 14, the words "or the Charity Commission for England and Wales" shall be omitted. (7) Paragraph (b) of subsection (1) of
section 20 and subsections (4) and (5)
of that section shall be omitted.
Third Parties (Rights Against Insurers) Act 2010 (Chapter 10) The whole Act, other than sections 3, 4, 5, 7, 13, 19 and 20, and Schedules 2, 3 and 4, which shall be omitted, and subject to the following modifications:
(1) In paragraph (a) of subsection (4) of
section 1, the words "or a declarator
under section 3" shall be omitted.
(2) In paragraph (a) of subsection (1) of
section 6, the words "section 899 of
the Companies Act 2006" shall be substituted by the words "section [] of the Insolvency Regulations []". (3) In paragraph (b) of subsection (1) of
section 6: (i) the words "section
1000, 1001 or 1003 of that Act" shall be substituted by the words "section [] of the Companies Regulations []"; (ii) the words "section 1025 of that Act" shall be substituted by the words "section [] of the Companies Regulations []"; and (iii) the words "section 1031 of that Act" shall be substituted by the words "section [] of the Companies Regulations []". (4) In paragraph (a) of subsection (2) of
section 6, the words "Part 1 of the
Insolvency Act 1986" shall be substituted by the words "section []
LNDOCS01/861680.12 of the Insolvency Regulations []". (5) In paragraph (b) of subsection (2) of
section 6, the words "Part 2 of that
Act" shall be substituted by the words "section [] of the Insolvency Regulations []". (6) In paragraph (c) of subsection (2) of
section 6, the words "Part 3 of that
Act" shall be substituted by the words "section [] of the Insolvency Regulations []". (7) In paragraph (d) of subsection (2) of
section 6, the words "Chapter 2 of
Part 4 of that Act" shall be
substituted by the words "section [] of the Insolvency Regulations []". (8) In paragraph (e) of subsection (2) of
section 6, the words "section 135 of
that Act" shall be substituted by the words "section [] of the Insolvency Regulations []". (9) In paragraph (f) of subsection (2) of
section 6, the words "Chapter 6 of
Part 4 of that Act or Part 5 of that
Act" shall be substituted by the words "section [] of the Insolvency Regulations []". (10) Subsections (3), (4), (7) and (8) of
section 6 shall be omitted.
(11) Paragraphs (a), (c) and (d) of subsection (9) of section 6 shall be omitted. (12) Paragraph (a) of subsection (3) of
section 9 shall be omitted.
(13) The words of paragraph (a) of the definition of "dissolved" in subsection (7) of section 9 shall be substituted by the words "section [] of the Insolvency Regulations []". (14) The words of paragraph (b) of the definition of "dissolved" in subsection (7) of section 9 shall be substituted by the words "section [] of the Companies Regulations []".
LNDOCS01/861680.12
(15) Paragraph (c) of the definition of "dissolved" in subsection (7) of
section 9 shall be omitted.
(16) In subsection (1) of section 12, the words "or for a declarator under
section 3(2)(a)", the words "or, in
Scotland, commenced" and the words "or of a period of prescription applicable to that liability" shall be omitted. (17) Paragraphs (b) and (c) of subsection (4) of section 12 shall be omitted. (18) Paragraphs (a) and (c) of subsection (2) of section 14 shall be omitted. (19) In paragraph (b) of subsection (2) of
section 14, the words "(3)(c) or
(4)(a)" shall be omitted.
(20) In subsection (3) of section 14, the words "trust deed" shall be omitted. (21) Subsections (4), (5) and (7) of section 14 shall be omitted. (22) Paragraph (b) of subsection (1) of
section 17 shall be omitted.
(23) In section 18, the words "a part of" (immediately preceding the words "the United Kingdom") and the words "Scotland or Northern Ireland" shall be omitted. (24) Subsections (2), (3), (4), (5) and (6) of section 21 shall be omitted. (25) In sub-paragraph (4)(b) of paragraph (1) of Schedule 1, the words "or, in Scotland, an arbitration" shall be omitted. (26) Sub-paragraph (5) of paragraph (1) of
Schedule 1 shall be omitted.
(27) In sub-paragraph (4) of paragraph 2 of Schedule 1, the words "or, in Scotland, to confidentiality as between client and professional legal adviser" shall be omitted.
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(28) In sub-paragraph (2) of paragraph 3 of Schedule 1, the words "section 388(1) of the Insolvency Act 1986" shall be substituted by the words "section [] of the Insolvency Regulations []" and the words "or
Article 3 of the Insolvency (Northern
Ireland) Order 1989 (SI 1989/2405 NI 19))" shall be omitted. (29) The words of sub-paragraph 4(a) of paragraph 3 of Schedule 1 shall be substituted by the words "section [] of the Insolvency Regulations []". (30) Sub-paragraph 4(b) of paragraph 3 of
Schedule 1 shall be omitted.
(31) The words of sub-paragraph 4(c) of paragraph 3 of Schedule 1 shall be substituted by the words "section [] of the Companies Regulations []". (32) In sub-paragraph 5(a) of paragraph 3 of Schedule 1, the words "section 1025 of the Companies Act 2006" shall be substituted by the words "section [] of the Companies Regulations []". (33) In sub-paragraph 5(b) of paragraph 3 of Schedule 1, the words "section 1031 of that Act" shall be substituted by the words "section [] of the Companies Regulations []". (34) In sub-paragraph (1) of paragraph 4 of Schedule 1, the words "Civil Procedure Rules" shall be substituted by the words "the Rules of Procedure of the Court". (35) Sub-paragraph (2) of paragraph 4 of
Schedule 1 shall be omitted.
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