application of english law regulations...

Consulation Paper No. 1 of 2015

LNDOCS01/861680.12

Annex A

APPLICATION OF ENGLISH LAW REGULATIONS [•]

LNDOCS01/861680.12

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 1. Application of common law and equity ..................................................................................... 1 2. Application of certain statutes and jurisprudence ...................................................................... 1 3. Concurrent administration of law and equity ............................................................................. 4 4. Power to remove difficulties ...................................................................................................... 4 5. Interpretation .............................................................................................................................. 4 6. Short title, extent and commencement ....................................................................................... 5

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1

APPLICATION OF ENGLISH LAW REGULATIONS [•]

Regulations to apply English common law (including equity) and certain statutes in the

Global Market.

Date of Enactment: [•]

1. Application of common law and equity

(1) The common law of England (including the principles and rules of equity), as it stands from

time to time, shall apply and have legal force in, and form part of the law of, the Global

Market.

(2) The common law of England shall apply and have legal force in, and form part of the law of,

the Global Market:

(a) so far as it is 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.

(3) Subsection (1) is 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, rule or

principle of the common law of England (including the principles and rules of equity) 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.

(4) Where a particular rule or principle of the common law of England (including the principles

and rules of equity) has been abolished by a provision of an Act or any other instrument made

thereunder, and such provision does not apply and have legal force in, and form part of the

law of, the Global Market, the rule or principle shall, notwithstanding such abolition but

subject to subsection (2), apply and have legal force in, and form part of the law of, the

Global Market.

(5) Where a particular rule or principle of the common law of England (including the principles

and rules of equity) has been modified by a provision of an Act or any other instrument made

thereunder, and such provision does not apply and have legal force in, and form part of the

law of, the Global Market, the rule or principle shall, notwithstanding such modification but

subject to subsection (2), apply and have legal force in, and form part of the law of, the

Global Market without giving effect to any such modification.

2. Application of certain statutes and jurisprudence

(1) The Acts specified in the first column of the Schedule, as and to the extent in force in England

at the date of enactment of these Regulations, shall apply and have legal force in, and form

LNDOCS01/861680.12 2

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;

LNDOCS01/861680.12 3

(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.

LNDOCS01/861680.12 4

(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)


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)



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.


words "Sunday" shall be substituted

by the words "Friday or Saturday".

(5) Subsection (7A) of section 51 shall

be omitted.


LNDOCS01/861680.12 8

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 "Non-

business 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".


omitted.

Factors Act 1889 (Chapter 45) The whole Act, other than section 16, which


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:


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".


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.


words "or in Scotland the title to and

interest in any heritable estate" shall

be omitted.


words "or in Scotland of any

heritable estate" shall be omitted.


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".


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".


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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firm."

(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:


omitted.


omitted.


omitted.


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 "………".

LNDOCS01/861680.12 11

Limited Partnerships Act 1907 (Chapter 24) The whole Act, other than section 10, which


modifications:


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".



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 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

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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 14

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


substituted by the words "the general

partners or the name of any general

partner".

LNDOCS01/861680.12 15



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

LNDOCS01/861680.12 16

personality."


words "registrar of companies" shall

be substituted by the words "Global

Market's Registrations Bureau

established pursuant to the ADGM

Basic Law".



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".


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."


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


(1) In section 55, paragraphs (b) and (c)

shall be omitted.


omitted.


omitted.


omitted.

LNDOCS01/861680.12 17


omitted.


omitted.

(7) In section 184, the words "after the

commencement of this Act" shall be

omitted.


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:


omitted.


omitted.


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.


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.


omitted.


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.


words "or settlement" shall be

omitted.

LNDOCS01/861680.12 18

(9) Paragraph (a) and (b) of subsection

(3) of section 20 and subsection (6)

of that section shall be omitted.


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.


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.

LNDOCS01/861680.12 19


words "or grantor", the words "assets

of the deceased or the" and the words

"will or other" shall be omitted.


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"


"includes" and the word "them" shall

be substituted by the word "him".


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".


words "or personal representatives"

shall be omitted.


words "will or other" shall be

omitted.

(21) In section 28, the words "or personal

representative" and the words "or

estate" shall be omitted.


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 20

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.


words "pounds per centum" shall be

substituted by the words "per cent".


omitted.

(25) Subsections (2) and (3) of section 32

shall be omitted.


words "or civil partner" shall be

omitted.


shall be omitted.


shall be omitted.


words "subject to the restrictions

imposed by this Act on the number of

trustees" shall be omitted.


words "but subject to the restrictions


trustees" shall be omitted.


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.


words "of Protection" shall be

omitted.

LNDOCS01/861680.12 21


words "subject to the restrictions


trustees" and the words "not

exceeding four" shall be omitted.


words "coming into operation after

the commencement of this Act" shall

be omitted.


words "is made after the


omitted.


words "whether made before or after

the commencement of this Act" shall

be omitted.


words "an Act of Parliament" shall be

substituted by the words "any law".


omitted.


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



Basic Law".


omitted.


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 22

transaction alleged to be a breach of

trust occurred before or after the


omitted.


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



Basic Law".


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.


shall be omitted.


omitted.


shall be omitted.

Law Reform (Miscellaneous Provisions) Act

1934 (Chapter 41)



modification: subsection (2) of section 4 shall

be omitted.

LNDOCS01/861680.12 23

Law Reform (Married Women and

Tortfeasors) Act 1935 (Chapter 30)



modifications:


omitted.


shall be omitted.

Law Reform (Frustrated Contracts) Act 1943

(Chapter 40)


modification: subsections (1) and (2) of


Law Reform (Contributory Negligence) Act

1945 (Chapter 28)

The whole Act, other than sections 3, 5 and 6,


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,




omitted.


omitted.

Cheques Act 1957 (Chapter 36) The whole Act, other than section 7, which


modifications:

(1) Paragraph (c) of subsection (2) of



omitted.

Occupiers' Liability Act 1957 (Chapter 31) The whole Act, other than sections 6 and 7,




omitted.


words "(including a statutory tenancy

which does not in law amount to a

tenancy)" shall be omitted.

LNDOCS01/861680.12 24


omitted.


omitted.


shall be omitted.

Variation of Trusts Act 1958 (Chapter 53) The whole Act, other than section 2, which


modifications:


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)


modifications:


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.


omitted.

Law Reform (Husband and Wife) Act 1962

(Chapter 48)



modifications:


section 1, and the words appearing

after that paragraph shall be omitted.


words "and subsection (1) of section

two" shall be omitted.

LNDOCS01/861680.12 25


shall be omitted.

Hire-Purchase Act 1964 (Chapter 53) The whole Act, subject to the following

modifications:


words "or (in Scotland) hired" shall

be omitted.


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


(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.


omitted.

Misrepresentation Act 1967 (Chapter 7) The whole Act, other than section 5, which


modifications:


shall be omitted.


6 shall be omitted.

Law Reform (Miscellaneous Provisions) Act

1970 (Chapter 33)

The whole Act, other than the Schedule,




omitted.


words "including any such rule as

explained by section 37 of the

Matrimonial Proceedings and

Property Act 1970" shall be omitted.

LNDOCS01/861680.12 26


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.


7 shall be omitted.

Powers of Attorney Act 1971 (Chapter 27) The whole Act, other than Schedule 2, which


modifications:


section 3, the words "solicitor,

authorised person or stockbroker"


"lawyer".


shall be omitted.


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.


omitted.


section 5, the words "statutory

declaration" shall be substituted by

the words "a declaration in a form

prescribed by the Board in a

resolution".



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 27

includes an intending purchaser; and

(c) "purchase" has a meaning

corresponding with that of

"purchaser"".


omitted.



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."


shall be omitted.


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 shall be omitted.

Insurance Companies Amendment Act 1973

(Chapter 58)


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



words "or (in Scotland) hired" shall

be omitted.


words "or hired" shall be omitted.

LNDOCS01/861680.12 28


words "as regards England and Wales

and Northern Ireland" shall be

omitted.


words "or (in Scotland) hired" and

the words "or hired" shall be omitted.

(5) In subsection (1A) of section 9, the



omitted.


words "or hired" and the words "or

hire" shall be omitted.


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.


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.


words "or hires" and the words "or



words "or hiring" and the words "or



LNDOCS01/861680.12 29



omitted.


omitted.


words "or (in Scotland) hired" and

the words "or hired" shall be omitted.




omitted.

(18) Subsection (5) of section 11A shall

be omitted.


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.


words "including any enactment of

the Parliament of Northern Ireland or

the Northern Ireland Assembly" 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:


paragraphs (aa), (b) and (fa) shall be

omitted.

LNDOCS01/861680.12 30

(2) Subsection (4A) of section 1 shall be

omitted.


section 1, the words "or civil

partnership" shall be omitted.



(5) In paragraphs (a) and (b) of

subsection (2) of section 1A, the

words "or civil partner" shall be

omitted.


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".


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".


word "solicitor" shall be substituted

by the word "lawyer".


omitted.


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 31

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.


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.


4 shall be omitted.


shall be omitted.


omitted.


omitted.


definitions of "enactment" and "High

Court" shall be omitted.


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.


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 32


modifications:


section 1, the words "or the

Occupiers' Liability Act (Northern

Ireland) 1957" shall be omitted.


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


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".


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.


LNDOCS01/861680.12 33

words "any part of" shall be omitted.


omitted.




definitions of "enactment" and

"statutory" 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


modifications:


words "any part of" shall be omitted.


shall be omitted.


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".


shall be omitted.




omitted.

LNDOCS01/861680.12 34


omitted.




omitted.


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.




omitted.


shall be omitted.




omitted.


omitted.

(14) Subsection (4) of section 15A shall

be omitted.


words "or, in Scotland, where there is

a consumer contract in which the

buyer is a consumer" shall be

omitted.



(17) Subsection (2C) of section 30 shall

be omitted.


LNDOCS01/861680.12 35

words "or, in Scotland, where there is

a consumer contract in which the

buyer is a consumer" shall be

omitted.


words "or (in Scotland) the contract

of sale is a consumer contract" shall

be omitted.


omitted.


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.


omitted.


omitted.


omitted.


omitted.


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 36

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



omitted.


shall be omitted.


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



omitted.


shall be omitted.


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.


omitted.


section 29 shall be omitted and

LNDOCS01/861680.12 37

references to "advowson" or

"benefice" in that section shall be

omitted.

(8) The reference to "benefice" in


omitted.


omitted.


omitted.

(11) The second sentence of subsection (2)



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.


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.


shall be omitted.


words "(within the meaning of the

Mental Capacity Act 2005)" shall be

omitted.


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 38

as claiming through the person so

entitled" shall be omitted.


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.




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.


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



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.


words "settled land or any" and the

words "tenant for life, statutory

owner or" shall be omitted.

LNDOCS01/861680.12 39

(27) Paragraphs 10 to 13 inclusive of


Supply of Goods and Services Act 1982

(Chapter 29)

Parts I, IB, II, and III only, other than section



(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.


section 11Q shall be omitted, and, in

paragraph (a) of that subsection, the

words "in England and Wales or


(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.


words "Secretary of State" shall be


the references to "order" shall be read

as references to a "resolution".


omitted.


the definition of "credit brokerage"

the words "or as regards Scotland the

hire" shall be omitted; (ii) the

LNDOCS01/861680.12 40

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


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)


Foreign Limitation Periods Act 1984

(Chapter 16)

The whole Act, other than sections 1A, 6, and



(1) References in the Act to a "country"

shall be read as references to a

"jurisdiction".


words "subject to section 1A" shall

be omitted.

LNDOCS01/861680.12 41


7 shall be omitted.

Occupiers' Liability Act 1984 (Chapter 3) The whole Act, other than sections 1A, 2 and



(1) Subsections (6A), (6AA), (6B) and

(6C) of section 1 shall be omitted.


shall be omitted.

Latent Damage Act 1986 (Chapter 37) The whole Act, other than section 4, which


modifications:


omitted, and in subsection (4) of

section 3, the words "section 538 of

the Companies Act 1985 (vesting of

company property in liquidator)"


"Section [•] of the Insolvency

Regulations []".


words "has the meaning given by

section 1" shall be substituted by the

words "means the Limitation Act

1980".


shall be omitted.

Minors' Contracts Act 1987 (Chapter 13) Sections 2, 3 and 5 only, subject to the


(1) In subsection (1)(a) of section 3, the

words "after the commencement of

this Act" shall be omitted.


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


modifications:

(1) In subsection (6) of section 1, (i) the

definition of "purchaser" shall be


LNDOCS01/861680.12 42

definition: ""purchaser" means a

purchaser in good faith for money or

money's worth and includes a lessee,



interest in property; where the



"purchase" has a meaning


"purchaser""; and (ii) the definition

of "relevant lawyer" shall be


definition: ""relevant lawyer" means

a person who, by way of business,

provides legal services to third

parties."

(2) Subsections (8), (9) and (11) of


(3) In section 3, the words "in relation to

contracts made after this section

comes into force" shall be omitted.


omitted.

Carriage of Goods by Sea Act 1992 (Chapter

50)


modifications:


1: (i) the words "Secretary of State",

wherever they occur, shall be

substituted by the word "Board"; and

(ii) the word "regulations" in


substituted by the word "resolution";

(iii) the word "regulations" in


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



omitted.


LNDOCS01/861680.12 43

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.


words "or (for the purposes of the

law of Scotland) delict" shall be

omitted.


words "(and without prejudice to the

operation of section 14 below)" shall

be omitted.


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 non-

contractual obligations, whether

entered into before or after the event

giving rise to the damage occurred."


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:



substituted by the word "Board".


1 shall be omitted.

LNDOCS01/861680.12 44


omitted.


words "by virtue of subsection (4)"

shall be omitted.

(5) Paragraphs (b), (c) and (d) of


omitted.


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".




Procedural Rules of the Court".

(8) Subsections (2), (3), (4) and (6) of

section 2A shall be omitted.


2B, the words "Lord Chancellor"


"Board" and the word "order" shall

be substituted by the word

"resolution".


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



Procedural Rules of the Court" and

the words "or, in relation to Northern

Ireland, rules of court" shall be

omitted.


2B shall be omitted.

LNDOCS01/861680.12 45

(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 []".


definition of "provisional damages"

shall be substituted by the following

definition: ""provisional damages"

means damages awarded by virtue of

section [] of the Courts Regulations

[]".


shall be omitted.


shall be omitted.


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,




section 1 and subsection (3) of that

section shall be omitted.


shall be omitted.


shall be omitted.


words "or of the Charity

Commission" shall be omitted.


omitted.


LNDOCS01/861680.12 46

words "ecclesiastical or public" shall

be omitted.


words "statutory declaration" shall be

substituted by the words "declaration

in a form prescribed by the Board by

resolution".


shall be omitted.

(9) Subsection (7) of section 9A shall be

omitted.


words "ecclesiastical or public" shall

be omitted.


words "within the meaning of the

Children Act 1989" shall be omitted.


section 11 and subsections (3) and (4)



omitted.


omitted.


words "(including settled land)" shall

be omitted.





omitted.

(18) In subsection (1)(a) of section 20, the

words "(within the meaning of the

Mental Capacity Act 2005)" shall be

omitted.


paragraph (b) of that subsection and

the words "of Protection" shall be

omitted.

LNDOCS01/861680.12 47


words "or section 24(1) of the Law of

Property Act 1925 (requirements as

to identity of trustees)" shall be

omitted.





following words: "In this Act: (a)

"purchaser" means a purchaser in










"purchaser"."


shall be omitted.




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".


shall be omitted.

(26) Subsections (2), (3), and (4) of


Contracts (Rights of Third Parties) Act 1999

(Chapter 31)



modifications:


omitted.


words "section 33 of the Companies

Act 2006" shall be substituted by the

words "Section [] of the Companies

LNDOCS01/861680.12 48

Regulations []".

(3) Paragraphs (b) and (c) of subsection

(3) of section 6 shall be omitted.

(4) Subsections (4), (5), (6), (7) and (8)



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".



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


modifications:

(1) Paragraph (a) of subsection (2) of





following words: "In this subsection:

(a) "purchaser" means a purchaser in










"purchaser"."


omitted.


omitted.


omitted.


shall be omitted.

LNDOCS01/861680.12 49

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:


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".


omitted.


section 11, the words "an order made

by the Secretary of State" shall be

substituted by the words "a resolution

of the Board".


omitted.


words "(other than settled land)" shall

be omitted.


omitted.


omitted.


omitted.

(9) Paragraph (c) of subsection (2) of

section 19 and subsection (4) of that

section shall be omitted.



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 50

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."


omitted.


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



30, the word "Secretary of State"


"Board" and the word "regulations"


"resolution".


omitted.


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,




omitted.


shall be omitted.

LNDOCS01/861680.12 51

(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".


shall be omitted.


shall be omitted.


words "or the Charity Commission

for England and Wales" 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,




section 1, the words "or a declarator

under section 3" shall be omitted.



the Companies Act 2006" shall be

substituted by the words "section []

of the Insolvency Regulations []".


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


of the Companies Regulations []".


section 6, the words "Part 1 of the

Insolvency Act 1986" shall be


LNDOCS01/861680.12 52



section 6, the words "Part 2 of that


"section [] of the Insolvency

Regulations []".


section 6, the words "Part 3 of that



Regulations []".


section 6, the words "Chapter 2 of

Part 4 of that Act" shall be



(8) In paragraph (e) of subsection (2) 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



Regulations []".

(10) Subsections (3), (4), (7) and (8) of


(11) Paragraphs (a), (c) and (d) of


omitted.

(12) Paragraph (a) of subsection (3) of


(13) The words of paragraph (a) of the

definition of "dissolved" in




(14) The words of paragraph (b) of the

definition of "dissolved" in




LNDOCS01/861680.12 53

(15) Paragraph (c) of the definition of

"dissolved" in subsection (7) of



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


(18) Paragraphs (a) and (c) of subsection



section 14, the words "(3)(c) or

(4)(a)" shall be omitted.


words "trust deed" 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)


(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



of Schedule 1, the words "or, in

Scotland, to confidentiality as

between client and professional legal

adviser" shall be omitted.

LNDOCS01/861680.12 54


of Schedule 1, the words "section

388(1) of the Insolvency Act 1986"



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



(30) Sub-paragraph 4(b) of paragraph 3 of


(31) The words of sub-paragraph 4(c) of

paragraph 3 of Schedule 1 shall be



(32) In sub-paragraph 5(a) of paragraph 3


1025 of the Companies Act 2006"


"section [] of the Companies

Regulations []".

(33) In sub-paragraph 5(b) of paragraph 3


1031 of that Act" shall be substituted

by the words "section [] of the

Companies Regulations []".


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


application of english law regulations...

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