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LNDOCS01/861680.28
APPLICATION OF ENGLISH LAW REGULATIONS 2015
LNDOCS01/861680.28
TABLE OF CONTENTS
Section Page
1. Application of common law and equity .........................................................................1 2. Application of certain statutes .......................................................................................2
3. Concurrent administration of law and equity.................................................................4 4. Rule against perpetuities ................................................................................................4 5. Power to remove difficulties ..........................................................................................4 6. Exclusion of criminal law ..............................................................................................4 7. Interpretation ..................................................................................................................5
8. Short title, extent and commencement ...........................................................................5
LNDOCS01/861680.28 1
APPLICATION OF ENGLISH LAW REGULATIONS 2015
Regulations to apply English common law (including equity) and certain statutes in the Abu
Dhabi Global Market and to make provision for connected purposes.
Date of Enactment: 3 March 2015
The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under
Article 6(1) of Law No. 4 of 2013 concerning the Abu Dhabi Global Market issued by His
Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations -
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 Abu Dhabi Global Market -
(a) so far as it is applicable to the circumstances of the Abu Dhabi Global Market;
(b) subject to such modifications as those circumstances require;
(c) subject to any amendment thereof (whenever made) pursuant to any Abu
Dhabi Global Market enactment; and
(d) notwithstanding any amendment thereof as part of the law of England made
pursuant to an Act or any legislative instrument adopted thereunder at any
time after the date of enactment of these Regulations, which amendment shall
not apply and have legal force in, or form part of the law of, the Abu Dhabi
Global Market, unless and until an Abu Dhabi Global Market enactment
expressly provides that it applies and has legal force in, and forms part of the
law of, the Abu Dhabi Global Market.
(2) Subsection (1) is subject to any contrary provision in any Applicable Abu Dhabi Law
or Abu Dhabi Global Market enactment. 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
Applicable Abu Dhabi Law or Abu Dhabi Global Market enactment, the latter shall
prevail.
(3) 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
legislative instrument adopted thereunder, which provision does not apply in, have
legal force in, and form part of the law of, the Abu Dhabi Global Market pursuant to
the Schedule, that rule or principle shall, notwithstanding such abolition but subject to
subsection (1), apply and have legal force in, and form part of the law of, the Abu
Dhabi Global Market.
(4) 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
legislative instrument adopted thereunder, which provision does not apply in, have
legal force in, and form part of the law of, the Abu Dhabi Global Market pursuant to
the Schedule, that rule or principle shall, notwithstanding such modification but
LNDOCS01/861680.28 2
subject to subsection (1), apply and have legal force in, and form part of the law of,
the Abu Dhabi Global Market without giving effect to any such modification.
2. Application of certain statutes
(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 part of the law of, the Abu Dhabi Global Market -
(a) to the extent specified in the second column thereof and subject to any
omissions, insertions and modifications set out in that column;
(b) subject to any amendment thereof (whenever made) pursuant to any
Applicable Abu Dhabi Law or an Abu Dhabi Global Market enactment; and
(c) notwithstanding any amendment thereof as part of the law of England made
pursuant to an Act or any legislative instrument adopted thereunder at any
time after the date of enactment of these Regulations, which amendment shall
not apply and have legal force in, or form part of the law of, the Abu Dhabi
Global Market, unless and until an Abu Dhabi Global Market enactment
expressly provides that it applies and has legal force in, and forms part of the
law of, the Abu Dhabi Global Market.
(2) Subsection (1) is subject to any contrary provision in any Applicable Abu Dhabi Law
or Abu Dhabi Global Market enactment. In the event of any conflict or inconsistency
between (a) a provision of any Act applicable in the Abu Dhabi Global Market by
virtue of subsection (1), and (b) any provision, rule or principle of any Applicable
Abu Dhabi Law or Abu Dhabi Global Market enactment, the latter shall prevail.
(3) In relation to any Act specified in the Schedule, unless the context otherwise requires
or unless specified otherwise in these Regulations -
(a) any reference to England, England and Wales, Great Britain or the United
Kingdom shall be read as a reference to the Abu Dhabi 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 and having legal force in, and forming
part of the law of, the Abu Dhabi Global Market;
(c) any reference in an Abu Dhabi Global Market enactment to such Act shall be
read as a reference to such Act as applied and having legal force in, and
forming part of the law of, the Abu Dhabi Global Market;
(d) any references to the "High Court" or the "County Court" shall be read as
references to the Court;
(e) the words "statute" or "enactment" shall be read as referring to any of (i) an
Applicable Abu Dhabi Law, (ii) an Abu Dhabi Global Market enactment, or
(iii) any other Act applied and having legal force in, and forming part of the
law of, the Abu Dhabi Global Market pursuant to these Regulations, and
"statutory" and like expressions shall be construed accordingly;
LNDOCS01/861680.28 3
(f) where, as of the date of enactment of these Regulations, any provision of such
Act stands repealed in relation to England, it shall not apply and have legal
force in, and form part of the law of, the Abu Dhabi 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 (or of any legislative
instrument adopted thereunder) 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 Abu Dhabi Global Market;
(g) where, as of the date of enactment of these Regulations, any provision of such
Act has been modified or inserted into such Act by a provision of another Act
(or of any legislative instrument adopted thereunder) and the first provision is,
pursuant to the Schedule, applied and has legal force in, and forms part of the
law of, the Abu Dhabi Global Market, it shall do so (or do so with such
modification, if applicable) even if the second provision does not, pursuant to
the Schedule, apply and have legal force in, and form part of the law of, the
Abu Dhabi Global Market and even if the second provision is omitted
pursuant to the Schedule;
(h) any references to (i) Scotland or Northern Ireland, or (ii) any Act relating
solely to Scotland or Northern Ireland (including to any legislative instrument
which relates solely to Scotland or Northern Ireland), shall be disregarded;
(i) any provisions relating only to Scotland or Northern Ireland shall be
disregarded;
(j) any references to "land" or "real property" shall be read as references to "real
property", as defined in the Real Property Regulations 2015;
(k) any reference to "mortgage" in relation to land shall be read as a reference to
"mortgage", as defined in the Real Property Regulations 2015;
(l) any reference to a "personal representative" shall be read as a reference to the
legal heir or representative of a deceased person; and
(m) any reference in such Act to any provision of such Act that is omitted pursuant
to the Schedule shall also be omitted.
(4) Except as provided in these Regulations, no Act shall apply and have legal force in, or
form part of the law of, the Abu Dhabi Global Market.
(5) 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 Abu Dhabi Global Market
reflecting such revisions as are made by these Regulations.
(6) The copies of Acts published in accordance with subsection (5) shall, in the Court and
for all purposes related to determining the law of the Abu Dhabi Global Market, be
treated as authentic texts of those Acts as applicable and having legal force in, and
forming part of the law of, the Abu Dhabi Global Market.
LNDOCS01/861680.28 4
3. Concurrent administration of law and equity
(1) The Court and all tribunals in the Abu Dhabi 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 Abu Dhabi Global Market shall, when applying the
law of the Abu Dhabi 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 Abu Dhabi 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. Rule against perpetuities
(1) The rule against perpetuities (or remoteness of vesting) is abolished.
(2) A trust (whether created by an instrument or otherwise) may continue in existence for
an unlimited period unless the terms of the trust provide to the contrary.
(3) This section does not affect any rule of law that limits the duration of non-charitable
purpose trusts.
5. Power to remove difficulties
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, make rules to
modify or substitute that provision.
6. Exclusion of criminal law
Nothing in these Regulations creates a criminal offence.
7. Interpretation
In these Regulations, unless the context indicates otherwise, the defined terms listed
below shall have the corresponding meanings -
LNDOCS01/861680.28 5
"Abu Dhabi Global Market enactment" means any regulations adopted by the Board
pursuant to Article 6(1) of the ADGM Founding Law, including any subordinate
legislation adopted pursuant to any such regulations or pursuant to the ADGM
Founding Law;
"Act" means an Act of the Parliament of England, an Act of the Parliament of Great
Britain, an Act of the Parliament of the United Kingdom of Great Britain and Ireland,
or an Act of the Parliament of the United Kingdom of Great Britain and Northern
Ireland, as the context requires; and
"Applicable Abu Dhabi Law" means any of the following: (i) the Constitution; (ii) the
Financial Free Zones Law and any rules, orders, decrees, resolutions, by-laws,
notifications or similar measures adopted pursuant to that law; (iii) any Federal Law
which, pursuant to the Constitution and the Financial Free Zones Law, applies and has
legal force in, and forms part of the law of, the Abu Dhabi Global Market; (iv) the
ADGM Founding Law; and (v) a law issued after the date of enactment of these
Regulations by His Highness the Ruler of the Emirate of Abu Dhabi which expressly
provides for the law to have application in the Abu Dhabi Global Market and any
rules, regulations, orders, resolutions or similar measures adopted pursuant to such
law.
8. Short title, extent and commencement
(1) These Regulations may be cited as the Application of English Law Regulations 2015.
(2) These Regulations shall apply in the Abu Dhabi Global Market.
(3) These Regulations come into force on the date of their publication. The Board may by
rules make any transitional, transitory, consequential, saving, incidental or
supplementary provision in relation to the commencement of these Regulations as the
Board thinks fit.
LNDOCS01/861680.28 6
SCHEDULE: APPLICABLE STATUTES
Section 2
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 sections 4 and 5, the words
"commissioner or" shall be omitted.
(2) In section 6, the words "or under
the Civil Evidence (Scotland) Act
LNDOCS01/861680.28 7
1988, or Schedule 3 to the Prisoners
and Criminal Proceedings
(Scotland) Act 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 of "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
98, 99 and 100, 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 Abu Dhabi 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
LNDOCS01/861680.28 8
word "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
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.".
(10) Subsection (2) of section 94 shall
be omitted.
(11) In subsection (3) of section 97: (i)
the words "or in any repeal effected
thereby" shall be omitted; (ii)
paragraph (a) shall be omitted; (iii)
in paragraph (b) the words
"Companies Act 1862" shall be
substituted by the words
"Companies Regulations 2015" and
the word "Acts" shall be substituted
by the word "enactments"; and (iv)
paragraph (c) shall be omitted.
(12) In Schedule 1, the words "in the
county of" and "188" shall be
omitted.
Factors Act 1889 (Chapter 45) The whole Act, other than section 16,
which shall be omitted, and subject to the
LNDOCS01/861680.28 9
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 section 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 2015" and
the words "Act of Parliament or
letters patent, or Royal Charter"
shall be substituted by the word
"enactment".
(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.
(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".
LNDOCS01/861680.28 10
(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) 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
firm."
(12) 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."
(13) 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:
LNDOCS01/861680.28 11
(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) In subsection (1) of section 91: (i)
the words "or in any repeal effected
thereby" shall be omitted; (ii)
paragraph (a) shall be omitted; (iii)
in paragraph (b) the words
"Companies Act 1862" shall be
substituted by the words
"Companies Regulations 2015";
and (iv) paragraph (c) 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 "………".
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
LNDOCS01/861680.28 12
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 any enactment or rule of
law relating to insolvency, 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 be a third party) to do
so; and (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
LNDOCS01/861680.28 13
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 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
LNDOCS01/861680.28 14
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
its 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;
and (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
LNDOCS01/861680.28 15
to equitable and 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
LNDOCS01/861680.28 16
substituted by the words "the
general partners or the name of any
general partner".
(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 impose a fine not
exceeding level 2 on the standard
fines scale on each of the general
partners.".
(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.
LNDOCS01/861680.28 17
(3) In relation to each registered
limited partnership, the register and
index shall specify whether or not
that limited partnership has legal
personality.".
(16) In subsection (1) of section 15, the
words "registrar of companies"
shall be substituted by the word
"Registrar".
(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 Registrar
established under the ADGM
Founding 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".
Trustee Act 1925 (Chapter 19) Parts II, III, IV and V only, other than
sections 34, 35, 54, 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.
LNDOCS01/861680.28 18
(3) Subsection (2) of section 14 shall
be omitted.
(4) In section 15, the words "subject to
the restrictions imposed in regard to
receipts by a sole trustee not being
a trust corporation", and the words
"where by the instrument, if any,
creating the trust, or by statute, a
sole trustee is authorised to execute
the trusts and powers reposed in
him" 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) Subsections (3) and (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", 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.
(9) Paragraphs (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
LNDOCS01/861680.28 19
section 22, the words "place any
distringas notice or" shall be
omitted.
(12) In subsection (10) of section 25: (i)
the words "tenant for life and
statutory owner" shall be omitted;
(ii) in paragraph (a), the words
"except any executor who has
renounced probate" shall be
omitted; and (iii) paragraphs (b)
and (c) shall be omitted.
(13) In subsection (1) of section 26:
(i) paragraph (b) of that
subsection shall be omitted; (ii) in
paragraph (c) of that subsection the
words "either of" shall be omitted
and the words "foregoing
paragraphs" shall be substituted by
the words "foregoing paragraph";
and (iii) in the remainder of that
subsection the words "or grant", the
words "or grantee", and the words
"or granted" shall be omitted.
(14) Subsection (1A) of section 26 shall
be omitted.
(15) In subsection (2) of section 26, the
words "or grantor" shall be omitted.
(16) 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".
(17) In subsection (1) of section 27:
(i) the words "the trustees of a
settlement" shall be omitted; and
LNDOCS01/861680.28 20
(ii) the words "the Gazette" shall be
substituted by the words "such
manner as may be prescribed by the
Board in rules made by the Board".
(18) 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
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.
(19) In subsection (3) of section 31, the
words "pounds per centum" shall be
substituted by the words "per cent".
(20) Subsection (5) of section 31 shall
be omitted.
(21) Subsections (2) and (3) of
section 32 shall be omitted.
(22) In subsection (1) of section 33, the
words "or civil partner" shall be
omitted.
(23) Subsections (2) and (4) of
section 33 shall be omitted.
(24) In subsection (1) of section 36, the
words "subject to the restrictions
imposed by this Act on the number
of trustees" shall be omitted.
(25) 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.
LNDOCS01/861680.28 21
(26) In subsection (3) of section 36, the
words "and of any enactment
replaced thereby" shall be omitted.
(27) Subsections (4), (5), (6A), (6B),
(6C) and (6D) of section 36 shall be
omitted.
(28) In subsection (6) of section 36, the
words "nor shall the number of
trustees be increased beyond four
by virtue of any such appointment"
shall be omitted.
(29) In subsection (9) of section 36, the
words "of Protection" shall be
omitted.
(30) In subsection (1) of section 37, the
words "subject to the restrictions
imposed by this Act on the number
of trustees", the words "not
exceeding four", the words "save as
hereinafter provided" and the words
"but, except where only one trustee
was originally appointed, and a sole
trustee when appointed will be able
to give valid receipts for all capital
money, a trustee shall not be
discharged from his trust unless
there will be either a trust
corporation or at least two persons
to act as trustees to perform the
trust" shall be omitted.
(31) Subsection (2) of section 37 shall
be omitted.
(32) In subsection (1) of section 38, the
words "coming into operation after
the commencement of this Act"
shall be omitted.
(33) In subsection (1) of section 39, the
words "two persons" shall be
substituted by the words "one
person", the first occurrence of the
word "trustees" shall be substituted
by the word "trustee" and any
references to "co-trustees" and
LNDOCS01/861680.28 22
"continuing trustees" in section 39
or section 40 shall be construed
accordingly.
(34) In subsections (1) and (2) of
section 40, the words "is made after
the commencement of this Act and"
shall be omitted.
(35) In subsection (3) of section 40, the
words "whether made before or
after the commencement of this
Act" shall be omitted.
(36) In subsection (4) of section 40, the
words "an Act of Parliament" shall
be substituted by the words "any
enactment".
(37) Subsection (6) of section 40 shall
be omitted.
(38) Subsections (2) and (4) of
section 41 shall be omitted.
(39) In section 42, the words "other than
the Public Trustee" shall be
omitted.
(40) The proviso to section 47 shall be
omitted.
(41) In subsections (3) and (4) of
section 51, the words "Registrar of
Government Stock" shall be
substituted by the word "Registrar".
(42) Subsection (6) of section 51 shall
be omitted.
(43) In section 55, the words "or under
sections 15 to 20 of the Mental
Capacity Act 2005 or any
corresponding provision having
effect in Northern Ireland" shall be
omitted.
(44) Subsection (4) of section 57 shall
be omitted.
(45) In section 59, the words "counsel
and solicitor" shall be substituted
LNDOCS01/861680.28 23
by the word "lawyer".
(46) In section 61, the words "whether
the 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 word
"Registrar".
(49) In subsection (1) of section 68: (i)
the definitions set out in paragraphs
(4) (Gazette),
(6) (Land), (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 "an enactment";
(iii) in the definition of "Mortgage"
the words "by way of legal
mortgage" shall be omitted; and (iv)
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
LNDOCS01/861680.28 24
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.
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) In subsection (1) of section 2: (i)
paragraph (a) shall be omitted; (ii)
in paragraph (b) the words "married
after the passing of this Act" shall
be omitted; and (iii) in paragraph
(c) the words "after the passing of
this Act" shall be omitted.
(3) 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.
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:
LNDOCS01/861680.28 25
(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.
(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.
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.
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 2015.
LNDOCS01/861680.28 26
(3) Paragraph (c) of section 2 shall be
omitted.
(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) Subsection (4) of section 1 shall be
omitted.
(3) In subsection (3) of section 3, the
words "and subsection (1) of
section two" shall be omitted.
(4) 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
LNDOCS01/861680.28 27
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.
(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".
LNDOCS01/861680.28 28
(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" 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 rules
made by the Board".
(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"
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 Abu
Dhabi 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
LNDOCS01/861680.28 29
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 in rules made by the
Board.".
(9) Subsections (1A), (2) and (4) of
section 7 shall be omitted.
(10) In subsection (2) of section 10, the
words "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.
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.
(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.
LNDOCS01/861680.28 30
(7) In subsection (1) of section 10, the
words "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
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
LNDOCS01/861680.28 31
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.
Insurance Companies Amendment Act
1973 (Chapter 58)
The whole Act, subject to the following
modification: subsection (2) of section 50
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.
(2) Subsection (4A) of section 1 shall
be omitted.
(3) In paragraph (a) of subsection (5) of
section 1, the words "or civil
LNDOCS01/861680.28 32
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" and the
words "or a 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 "The Lord Chancellor may
by order made by statutory
instrument, subject to annulment in
pursuance of a resolution of either
House of Parliament" shall be
substituted by the words "The
Board may make rules to".
(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 claim for wrongful
interference shall include references
LNDOCS01/861680.28 33
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) Paragraphs (a) and (b) of
subsection (8) of section 3 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 and the Schedules only,
other than sections 8, 28 and 31 and
Schedules 3 and 4, which shall be omitted,
and subject to the following modifications:
(1) In paragraph (c) of subsection (1) of
LNDOCS01/861680.28 34
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, or (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.".
(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
LNDOCS01/861680.28 35
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.
LNDOCS01/861680.28 36
(4) In subsection (5A) of section 12,
the words "as regards England and
Wales and Northern Ireland" shall
be omitted.
(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.
LNDOCS01/861680.28 37
(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
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)
LNDOCS01/861680.28 38
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) 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,
15, 16, 17, 18, 19A, 20, 26, 27, 27A,
27AB, 27B, 27C, 33A, 37, 40, and
Schedules 1, 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) The words "and the power
conferred by section 72(1) of the
Tribunals, Courts and Enforcement
LNDOCS01/861680.28 39
Act 2007 shall not be exercisable"
in section 19 shall be omitted.
(4) Subsections (4) and (7) of
section 28 shall be omitted.
(5) In subsection (1) of section 29, the
words "any right of action
(including a foreclosure action) to
recover land or an advowson or"
shall be omitted.
(6) Paragraph (b) of subsection (2) of
section 29 shall be omitted and the
words "land, benefice, or" in that
subsection and in subsection (3) of
section 29 shall be omitted.
(7) Subsection (4) of section 29 shall be
omitted.
(8) The words "land, benefice, or" in
subsection (1) of section 31 shall be
omitted.
(9) In subsection (2) of section 31, the
words "in the case of a mortgage of
personal property" shall be inserted
at the beginning.
(10) Subsections (3), (4) and (5) of
section 31 shall be omitted.
(11) In subsection (9) of section 31, the
words "or interest in settled
property" shall be omitted.
(12) Subsection (4A) of section 32 shall
be omitted.
(13) Subsection (1A) of section 33 shall
be omitted.
(14) The second sentence of
subsection (2) of section 33 shall be
omitted.
(15) 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
LNDOCS01/861680.28 40
Court".
(16) In subsection (1) of section 36, after
the words "Limitation Act 1939 was
applied" the words "in England"
shall be inserted.
(17) 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 "rent"
shall be omitted; and (iv) the
definitions of "settled land",
"statutory owner" and "tenant for
life" shall be omitted.
(18) Subsections (7), (8) and (11) of
section 38 shall be omitted.
(19) In subsection (2) of section 38, the
words "(within the meaning of the
Mental Capacity Act 2005)" shall
be omitted.
(20) 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 as claiming through the
person so entitled" shall be omitted.
(21) 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.
(22) Subsections (2), (3) and (4) of
section 41 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
LNDOCS01/861680.28 41
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 "The Secretary of State may
by order" shall be substituted by the
words "The Board may make rules
to" and the word "order" shall be
substituted by the word "rules".
(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 definition of
"enactment" shall be omitted;
(iii) in the definition of "goods", the
LNDOCS01/861680.28 42
words "and as regards Scotland all
corporeal moveables" shall be
omitted and the words "bailment or
hire" shall be substituted by the
words "or bailment"; (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, or (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) In subsection (2) of section 18 the
word "assignation" shall be
omitted.
(11) In section 19, the definition of "the
1974 Act" shall be omitted.
(12) Subsections (2), (3), (4), (5) and (6)
of section 20 shall be omitted.
LNDOCS01/861680.28 43
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.
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.
(3) Subsections (2), (3) and (4) of
section 7 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 215(4) of the Insolvency
Regulations 2015".
(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 section 2, the words "made after
LNDOCS01/861680.28 44
the commencement of this Act"
shall be omitted.
(2) In paragraph (a) of subsection (1) of
section 3, the words "after the
commencement of this Act" shall
be omitted.
(3) Subsections (2) and (3) of section 5
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"; (ii) the word "regulations"
in subsection (5) of section 1 shall
be substituted by the word "rules";
and (iii) 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
shall be omitted.
Private International Law (Miscellaneous
Provisions) Act 1995 (Chapter 42)
Parts III and IV only, other than sections
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
LNDOCS01/861680.28 45
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) The following words shall be
inserted at the beginning of
subsection (1) of section 11:
"Subject to subsection (1) of section
12".
(6) The following words shall be
inserted at the beginning of
subsection (2) of section 12:
"Subject to subsection (1)".
(7) 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."
(8) 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.
(9) Subsection (1) of section 14 shall
be omitted.
Trusts of Land and Appointment of
Trustees Act 1996 (Chapter 47)
The whole Act, other than sections 2, 5, 16,
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.
LNDOCS01/861680.28 46
(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
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 in
rules made by the Board".
(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.
LNDOCS01/861680.28 47
(16) Paragraph (b) of subsection (4) of
section 17 and subsections (5) and
(6) of that section shall be omitted.
(17) Subsection (3) of section 18 shall
be omitted.
(18) In paragraph (c) of subsection (3) of
section 19, the words "two persons"
shall be substituted by the words
"one person", the word "trustees"
shall be substituted by the word
"trustee" and references to
"continuing trustees" in section 19
shall be construed accordingly.
(19) Subsection (5) of section 19 shall
be omitted.
(20) In paragraph (a) of subsection (1) of
section 20, the words "(within the
meaning of the Mental Capacity
Act 2005)" shall be omitted.
(21) In subsection (2) of section 20,
paragraph (b) of that subsection and
the words "of Protection" shall be
omitted.
(22) Subsections (4), (6), (7) and (8) of
section 21 shall be omitted.
(23) 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".".
(24) Subsections (2) and (3) of
section 23 shall be omitted.
LNDOCS01/861680.28 48
(25) In subsection (1) of section 26, the
words "Lord Chancellor" shall be
substituted by the word "Board"
and the words "by order made by
statutory instrument" shall be
substituted by the words "make
rules to" and the word "him" shall
be substituted by the word "it".
(26) Subsections (2) and (3) of
section 26 shall be omitted.
(27) Subsections (2), (3), and (4) of
section 27 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) In subsection (1) of section 2 the
words "in this subsection
"purchaser" has the same meaning
as in Part I of the Law of Property
Act 1925" 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.
LNDOCS01/861680.28 49
(6) Subsections (1) and (2) of
section 13 shall be omitted.
Contracts (Rights of Third Parties) Act
1999 (Chapter 31)
The whole Act, other than sections 8 and 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 30 of the
Companies Regulations 2015".
(3) Paragraphs (b) and (c) of
subsection (3) of section 6 shall be
omitted.
(4) Subsections (2A) and (8) of
section 6 shall be omitted.
(5) In paragraph (a) of subsection (4) of
section 6, the words ""worker's
contract", and "worker" have the
meaning given by section 54 of the
National Minimum Wage Act
1998" shall be substituted by the
words "have the meanings given to
them in the Employment
Regulations 2015".
(6) Paragraphs (b), (c) and (d) of
subsection (4) of section 6 shall be
omitted.
(7) Paragraph (b) of subsection (5) of
section 6 shall be omitted.
(8) Subsections (2), (3) and (4) of
section 10 shall be omitted.
Trustee Act 2000 (Chapter 29) The whole Act, other than sections 7, 10,
27, 33, 34, 36, 37, 38, 40, 41, and 42, and
Schedules 2, 3 and 4, which shall be
omitted, and subject to the following
modifications:
(1) Subsection (3) of section 6 shall be
LNDOCS01/861680.28 50
omitted.
(2) In subsection (1) of section 8, the
words "freehold or leasehold" shall
be omitted.
(3) Subsection (2) of section 8 shall be
omitted.
(4) 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
"rules made by the Board".
(5) Subsection (5) of section 11 shall
be omitted.
(6) In subsection (1) of section 16, the
words "(other than settled land)"
shall be omitted.
(7) Subsection (3) of section 16 shall
be omitted.
(8) Subsection (4) of section 17 shall
be omitted.
(9) Subsection (4) of section 18 shall
be omitted.
(10) Paragraph (c) of subsection (2) of
section 19 and subsection (4) of
that section shall be omitted.
(11) 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 powers
conferred by the articles of
association or other document
regulating that or any other body
LNDOCS01/861680.28 51
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.".
(12) Subsection (4) of section 28 shall
be omitted.
(13) 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.
(14) Subsections (3A), (3B) and (3C) of
section 29 shall be omitted.
(15) In subsections (1) and (3) of
section 30, the words "Secretary of
State" shall be substituted by the
word "Board" and the word
"regulations" shall be substituted by
the word "rules".
(16) Subsection (4) of section 30 shall
be omitted.
(17) Subsections (3) and (4) of section
35 shall be omitted.
(18) 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.