![]() | |
Long title | An Act to make provision in the law of Scotland as to the legal capacity of persons under the age of 18 years to enter into transactions, as to the setting aside and ratification by the court of transactions entered into by such persons and as to guardians of persons under the age of 16 years; to make provision in the law of Scotland relating to the time and date at which a person shall be taken to attain a particular age; and for connected purposes. |
---|---|
Citation | 1991 c. 50 |
Territorial extent | Scotland |
Dates | |
Royal assent | 25 July 1991 |
Commencement | 25 September 1991 |
Other legislation | |
Amended by | Children (Scotland) Act 1995 |
Status: Current legislation | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Age of Legal Capacity (Scotland) Act 1991 (c. 50) is an act of the Parliament of the United Kingdom applicable only in Scotland. It replaced the pre-existing rule of pupillage and minority with a simpler rule that a person has full legal capacity at the age of 16. [1]
Under the previous Scots law (derived from Roman law), a child to the age of 12 if female, or 14 if male, had legal status of "pupil" and was under legal control of an adult (usually parent or parents) deemed "tutor". From that age until the age of majority the child had legal status of a "minor", and might have a responsible adult deemed "curator" or have no responsible adult (being referred to as "fors familiated"). The Scottish age of majority was originally 21 until reduced to 18 by the Age of Majority (Scotland) Act 1969. Pupils lacked any capacity to enter into legal contracts. Minors had capacity to enter into contracts, which included the capacity to make a will, but subject to rights to have these reduced by a court in certain circumstances, and sometimes requiring their curators consent. The rules as to when contracts did or did not require consent, and which were potentially reducible by court were complex. The age to enter into marriage was originally the age of minority, but this was raised to 16 years by the Age of Marriage Act 1929, and confirmed in the Marriage (Scotland) Act 1977.
The Age of Legal Capacity (Scotland) Act 1991 (c. 50) Act of the Parliament of the United Kingdom is applicable only in Scotland. It replaced the pre-existing rule of pupillage and minority with a simpler rule that a person has full legal capacity at the age of 16. [1] Under the Age Legal Capacity Scotland Act 1991 the old rules and terms were replaced. The basic rule under the replacement regime is that under 16s have no legal capacity. This is qualified by section 2 which provides that under 16s can:
The right to consent to an adoption was also subsequently inserted into this section by the Children (Scotland) Act 1995.
In all other cases the legal Guardian of the under 16 has legal right to deal with all contractual and consent matters on the child's behalf.
From age 16 a person has full legal capacity to enter into any form of agreement. This subject to protection for younger persons by means of a right (under section 3) while under the age of 21, to have a contract made between the ages of 16 and 18 set aside as a "prejudicial transaction". The test is whether a reasonably prudent adult would not have entered into such a contract, and the person has been prejudiced by entering into that contract. Under section 4 a contract may be approved in advance by a court, in which case it cannot later be reduced. Contracts entered into in the course of the young person's business, or where they misrepresented their age also cannot be reduced.
There is also specific provision for persons having their birthday on 29 February; under section 6 they are treated as having their birthday on 1 March in every non-leap year for purposes of calculating their age.
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. Minor may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking and drinking age in the United States is 21, and younger people below this age are sometimes called minors in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or minor often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, working age, etc. Such age limits are often different from the age of majority.
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities, or altogether the personhood itself in regard to an entity other than a natural person.
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when a person ceases to be considered a minor and assumes legal control over their person, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word majority here refers to having greater years and being of full age as opposed to minority, the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and are legally forbidden from enjoying certain privileges or rights. There are other exceptions, however, in which also those who have reached the age of majority can be referred to as minors. For example, if a country's age of majority is 18, but the legal drinking age is 21, then a 20 year old would still be considered a "minor" in situations involving buying or consuming alcohol. Another example is the age to consent to sexual activity, that in most of the cases in the world is under the age of majority, however, in other cases it can be even above the age of majority and even in that case the younger part, despite having already reached the legal adulthood, would be still referred to as minor or underage to consent to sexual activity.
Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.
In law and conflict of laws, domicile is relevant to an individual's "personal law", which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile, or residence, at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent.
Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child is able to consent to their own medical treatment, without the need for parental permission or knowledge.
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other jurisdictions in the United Kingdom. There is a distinction between religious marriages, conducted by an authorised religious celebrant, and civil marriages, conducted by a state registrar. The legal minimum age to enter into a marriage in England and Wales is 18 since 27 February 2023. Previously the minimum age of marriage was 16, with parental permission. This also applies to civil partnerships.
The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
The ages of consent vary by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
The Age of Majority (Scotland) Act 1969 is an act of the Parliament of the United Kingdom applicable only in Scotland. The act reduced the age of legal majority from the age of 21, to the age of 18.
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion because a minor or mentally disabled adult is legally incapable of giving consent to the act.
The Indian Contract Act, 1872 prescribes the law relating to contracts in India and is the key act regulating Indian contract law. The Act is based on the principles of English Common Law. It is applicable to all the states of India. It determines the circumstances in which promises made by the parties to a contract shall be legally binding. Under Section 2(h), the Indian Contract Act defines a contract as an agreement enforceable by Law.
Scots family law is the body of laws in Scotland which regulate certain aspects of adult relationships and the rights and obligations in respect of children.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are deemed to be "illegal", "illicit", "unlawful", "unnatural" and/or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty, there is a prima facie presumption that both parties hold the capacity to contract. Those who contract without a full knowledge of the relevant subject matter, or those who are illiterate or unfamiliar with the English language, will not often be released from their bargains.
The age of majority in England is 18, having been reduced from 21 by the Family Law Reform Act 1969. At that age persons are considered as adults and acquire the legal capacity to enter into legally binding contracts, to vote in elections, to buy tobacco and cigarettes and have a tattoo. Below that age persons are considered in law to be "infants" and colloquially to be "children" or youth.
Legal capacity is the ability of an individual to transact with others. It should be distinguished from consent, where the individual with capacity, agrees for another to commit an act involving the consenter, such as consent to sexual relations under the Sexual Offences (Scotland) Act 2009.