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Dear Consultee
DISCUSSION
PAPER ON LAND REGISTRATION: REGISTRATION, RECTIFICATION AND INDEMNITY (DP NO
128)
The
Commission's function is to recommend ways of simplifying, updating and
improving Scots law. The outcome of any law
reform project is the submission to the Scottish Ministers – or the UK
Government where the area of law in question is a matter for the Westminster
Parliament – of a report setting out in detail our recommendations for reform. We usually append a draft Bill which offers a
basis for any legislation implementing our recommendations.
In
order to ensure that our recommendations, if implemented, would result in law
which is just, principled, responsive and easy to understand, it is critical for the
Commission to engage in a thorough and open process of consultation. We therefore welcome the views of as many
people as possible, whether from an academic perspective or based on a
day-to-day practical experience of the area under review.
Our
usual approach to consultation – and to a law reform project in general –
involves the preparation of an initial discussion paper. This sets out the current law on the topic in
question, describes and analyses any problems with it, details possible options
for change and seeks to elicit views from consultees
on the preliminary proposals made. Discussion papers are circulated to those identified as
having an interest in the topic and are also published on our website (www.scotlawcom.gov.uk).
News releases are also issued to draw attention to the consultation. Once the deadline for responding has passed,
a careful analysis of all responses is carried out. The proposals in the discussion paper are
measured against the public response and this can lead to a period of further
thought and research before final decisions are made and the report
published.
Accordingly,
we invite your views on any or all of the proposals in this discussion
paper. Even if you happen to agree with
all the proposals we would appreciate a brief note to that effect. Where possible, we would prefer the
electronic submission of comments. For example,
you can use the downloadable electronic response form for this discussion paper
on our website at http://www.scotlawcom.gov.uk/html/discussion_papers.html#dp128.
The MS Word form has a questionnaire format which allows you to comment – briefly
or at length – on any of the paper's proposals which interest you. The form can be downloaded and emailed to us
at info@scotlawcom.gov.uk, as can
comments composed in other electronic formats.
Alternatively, you may prefer to send your comments on
the discussion paper by using the general comments form to be found
on the website Contact page (http://www.scotlawcom.gov.uk/html/contact.html). Please note that the consultation process for
this project will conclude on
We
draw to your attention that a summary of all responses will be posted on our
website. Also, we will include in our final report on this project a list of
those who have submitted responses and may also refer to those responses or
quote from them in the report or in other Commission publications. If you do not wish your name or your response
(or any part of it) to be used in any one or more of these ways, please indicate this clearly when
submitting your response. All
responses to this paper will be treated as public documents and may be made
freely available to third parties unless the respondent specifically asks that
the response, or any part of it, should be treated as confidential or we
otherwise consider that it should be treated as confidential. Any third party request for access to a
confidential response will be determined in accordance with the Freedom of
Information (
Finally,
should you wish to offer any comments on the way in which we conduct our
consultation exercises, we would be pleased to hear from you.
Yours
sincerely
JOHN M DODS
john.dods@scotlawcom.gov.uk