Term and Quarter Days (Scotland) Act 1990
Encyclopedia
The Term and Quarter Days (Scotland) Act 1990 is an Act
of the Parliament of the United Kingdom
which defined the dates of the Scottish Term and Quarter Days
. These are customary divisions of the legal year when contracts traditionally begin and end and payments are due. It received Royal Assent on 13 July 1990 and immediate commencement, with the dates of the days changing twelve months later. The changes arose from a Scottish Law Commission
Report on the Scottish Term and Quarter Days.
on 28 February, Whitsunday
on 28 May, Lammas
on 28 August and Martinmas
on 28 November, with Whitsunday and Martinmas being the two term days. This Act provides that any lease, agreement or undertaking, whether written or oral, which contains a specific or general reference to a term or quarter day, including those concluded before the change, shall be understood as referring to the new definitions of the days (i.e. as 28 February/May/August/November).
Where it was intended in a contract concluded prior to the passing of the Act that a reference to a term or quarter day was intended to refer specifically to the previous date of that day rather than the term or quarter day generally, it is possible under sub-section (5) to apply to the Sheriff
to have the reference interpreted in this way. The Sheriff's decision in this application is final.
Under sub-section (7), where a reference is made to one of the term of quarter days and the date of this day is incorrectly specified in the contract in terms of the Act (i.e. not as 28 February/May/August/November), the date actually specified in the contract is to be used rather than that in the Act.
The Act also repealed the Removings Act 1693, an Act of the old Parliament of Scotland, which had previously defined the dates of the term and quarter days.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
which defined the dates of the Scottish Term and Quarter Days
Scottish term days
Scottish term days were holy days for the people of the Kingdom of Scotland in the Middle Ages. Like the Kingdom of England's quarter days, they were the four days dividing the legal year, when rent and interest on loans, and ministers' stipends were due, and when servants were hired and paid...
. These are customary divisions of the legal year when contracts traditionally begin and end and payments are due. It received Royal Assent on 13 July 1990 and immediate commencement, with the dates of the days changing twelve months later. The changes arose from a Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
Report on the Scottish Term and Quarter Days.
Substantive Provisions
Section 1 of the Act defines the four quarter days as CandlemasPresentation of Jesus at the Temple
The Presentation of Jesus at the Temple, which falls on 2 February, celebrates an early episode in the life of Jesus. In the Eastern Orthodox Church and some Eastern Catholic Churches, it is one of the twelve Great Feasts, and is sometimes called Hypapante...
on 28 February, Whitsunday
Pentecost
Pentecost is a prominent feast in the calendar of Ancient Israel celebrating the giving of the Law on Sinai, and also later in the Christian liturgical year commemorating the descent of the Holy Spirit upon the disciples of Christ after the Resurrection of Jesus...
on 28 May, Lammas
Lammas
In some English-speaking countries in the Northern Hemisphere, August 1 is Lammas Day , the festival of the wheat harvest, and is the first harvest festival of the year. On this day it was customary to bring to church a loaf made from the new crop...
on 28 August and Martinmas
St. Martin's Day
St. Martin's Day, also known as the Feast of St. Martin, Martinstag or Martinmas, the Feast of St Martin of Tours or Martin le Miséricordieux, is a time for feasting celebrations. This is the time when autumn wheat seeding is completed. Historically, hiring fairs were held where farm laborers...
on 28 November, with Whitsunday and Martinmas being the two term days. This Act provides that any lease, agreement or undertaking, whether written or oral, which contains a specific or general reference to a term or quarter day, including those concluded before the change, shall be understood as referring to the new definitions of the days (i.e. as 28 February/May/August/November).
Where it was intended in a contract concluded prior to the passing of the Act that a reference to a term or quarter day was intended to refer specifically to the previous date of that day rather than the term or quarter day generally, it is possible under sub-section (5) to apply to the Sheriff
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
to have the reference interpreted in this way. The Sheriff's decision in this application is final.
Under sub-section (7), where a reference is made to one of the term of quarter days and the date of this day is incorrectly specified in the contract in terms of the Act (i.e. not as 28 February/May/August/November), the date actually specified in the contract is to be used rather than that in the Act.
The Act also repealed the Removings Act 1693, an Act of the old Parliament of Scotland, which had previously defined the dates of the term and quarter days.
See also
- List of Acts of the Parliament of the United Kingdom, 1980–1999
- Scottish term daysScottish term daysScottish term days were holy days for the people of the Kingdom of Scotland in the Middle Ages. Like the Kingdom of England's quarter days, they were the four days dividing the legal year, when rent and interest on loans, and ministers' stipends were due, and when servants were hired and paid...