Implementing legislation since 1990
home > Publications > Implementing legislation
For statutory provisions relating to earlier Memoranda and Reports, see Annual Report 1994/95 (SLC No 153) at pages 39 - 50.
Note: reports produced jointly with the England and Wales Law Commission are marked with an asterisk (*).
| Published | Report Title and number | Implementing legislation |
| January 1990 | Succession (124) | Recommendation 17 implemented in part by the Family Law (Scotland) Act 2006, section 19 (Revived as a medium term project in the Seventh Programme) |
| February 1990 | Evidence of Children and Other Potentially Vulnerable Witnesses (125) | Law Reform (Miscellaneous Provisions) (Scotland) Act 1990: Sections 56-59 implemented recommendations 12-14 and 15 (in part) Prisoners and Criminal Proceedings (Scotland) Act 1993: Sections 33 to 35 implemented recommendations 10 and 11 Vulnerable Witnesses (Scotland) Act 2004: Sections 1,4,20 and 21 implemented recommendations 9 and 23 |
| October 1990 | Passing of Risk in Contracts for the Sale of Heritable Property (127) | None |
| December 1990 | *Private International Law - Choice of Law in Tort and Delict (129) | Private International Law (Miscellaneous Provisions) Act 1995 |
| March 1991 | *Rights of Suit in Respect of Carriage of Goods by Sea (130) | Carriage of Goods by Sea Act 1992 |
| November 1991 | *Social Security Contributions and Benefits Bill, Social Security Administration Bill, Social Security (Consequential Provisions) Bill : Report on the Consolidation of the Legislation relating to Social Security (132) | Consolidating statutes: Social Security Contributions and Benefits Act 1992 Social Security Administration Act 1992 Social Security (Consequential Provisions) Act 1992 |
| January 1992 | Statutory Fees for Arrestees (133) | None |
| March 1992 | The Effect of Death on Damages (134) | Damages (Scotland) Act 1993 |
| May 1992 | Family Law (135) | Children (Scotland) Act 1995: Recommendations 1-4, 6-10 and 12-41 implemented by Part 1 Nearly all the other recommendations implemented by the Family Law (Scotland) Act 2006 |
| November 1992 | Evidence: Protection of Family Mediation (136) | Civil Evidence (Family Mediation) (Scotland) Act 1995 |
| Published | Report Title and number | Implementing legislation |
| October 1992 | Evidence: Report on Documentary Evidence and Proof of Undisputed Facts in Criminal Proceedings (137) | Recommendations 1-19 implemented by section 29 of and Schedule 3 to the Prisoners and Criminal Proceedings Act 1993 Recommendations 25-35 implemented by section 16 of the Criminal Justice (Scotland) Act 1995 |
| November 1992 | *Clean Air Bill : Report on the Consolidation of Certain Enactments relating to Clean Air (138) | Clean Air Act 1993 [consolidating statute] |
| April 1993 | *Statute Law Revision: Fourteenth Report : Draft Statute Law (Repeals) Bill (140) | Statute Law (Repeals) Act 1993 |
| May 1993 | Crofters (Scotland) Bill : Report on the Consolidation of Certain Enactments relating to Crofting (141) | Crofters (Scotland) Act 1993 [consolidating statute] |
| May 1993 | *Pension Schemes Bill : Report on the Consolidation of the Legislation relating to Pension Schemes (142) | Pension Schemes Act 1993 [consolidating statute] |
| June 1993 | *Health Service Commissioners Bill : Report on the Consolidation of the Legislation relating to the Health Service Commissioners (143) | Health Service Commissioners Act 1993 [consolidating statute] |
| July 1993 | Formation of Contract: Scottish Law and the United Nations Convention on Contracts for the International Sale of Goods (144) | None |
| July 1993 | *Sale of Goods Forming Part of a Bulk (145) | Sale of Goods (Amendment) Act 1995. |
| September 1994 | Confiscation and Forfeiture (2 Vols) (147) | Criminal Justice (Scotland) Act 1995 |
| February 1995 | Evidence: Report on Hearsay Evidence in Criminal Proceedings (149) | Criminal Justice (Scotland) Act 1995 |
| Published | Report Title and number | Implementing legislation |
| March 1995 | *Statute Law Revision: Fifteenth Report : Draft Statute Law (Repeals) Bill (150) | Statute Law Repeals Act 1995 |
| September 1995 | Incapable Adults (151) | Adults with Incapacity (Scotland) Act 2000 |
| January 1996 | Three Bad Rules in Contract Law (152) | Contract (Scotland) Act 1997 |
| July 1996 | Multi-Party Actions (154) | To be implemented by Act of Sederunt |
| July 1996 | *Statute Law Revision: Report on the Chronological Table of Local Legislation | No legislation required |
| November 1996 | Town and Country Planning (Scotland) Bill; Planning (Listed Buildings and Conservation Areas) (Scotland) Bill; Planning (Hazardous Substances)(Scotland) Bill; Planning (Consequential Provisions)(Scotland) Bill: Report on the Consolidation of Certain Enactments relating to Town and Country Planning in Scotland (157) | Consolidation statutes: Town and Country Planning (Scotland) Act 1997 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Planning (Hazardous Substances) (Scotland) Act 1997 Planning (Consequential Provisions) (Scotland) Act 1997 |
| February 1997 | Vulnerable Adults (158) | Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) See also the Adult Support and Protection (Scotland) Act 2007 (asp 10) |
| October 1997 | Interpretation in Private Law (160) | None |
| March 1998 | Law of the Tenement (162) | Tenements (Scotland) Act 2004 |
| March 1998 | Boundary Walls (163) | No legislation required |
| Published | Report Title and number | Implementing legislation |
| March 1998 | Diligence on the Dependence and Admiralty Arrestments (164) | See Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) |
| March 1998 | Leasehold Casualties (165) | Leasehold Casualties (Scotland) Act 2001 |
| May 1998 | Statute Law Revision: Sixteenth Report: Draft Statute Law (Repeals) Bill (166) | Statute Law (Repeals) Act 1998 |
| February 1999 | Abolition of the Feudal System (168) | Abolition of Feudal Tenure etc. (Scotland) Act 2000 |
| February 1999 | Unjustified Enrichment, Error of Law and Public Authority Receipts and Disbursements (169) | None. Nearly all the recommendations were no change. The effect of the Commission's work had manifested itself earlier in the error of law/interest swop cases in Scotland and England |
| May 1999 | Penalty Clauses (171) | None |
| July 1999 | *Trustees' Powers and Duties (172) | Scottish recommendations implemented by Part 3 of the Charities and Trustee Investment (Scotland) Act 2005 |
| September 1999 | *Company Directors: Regulating Conflicts of Interest and Formulating a Statement of Duties (173) | Main recommendations contained in the Companies Act 2006 (c 46) |
| December 1999 | Remedies for Breach of Contract (174) | None |
| March 2000 | *Powers of Criminal Courts (Sentencing) Bill (175) | Scottish recommendations implemented by sections 159 and 167 of the Powers of Criminal Courts (Sentencing) Act 2000 |
| Published | Report Title and number | Implementing legislation |
| April 2000 | Poinding and Warrant Sale (177) | Debt Arrangement and Attachment (Scotland) Act 2002 |
| May 2000 | Jurisdictions under the Agricultural Holdings (Scotland) Acts (178) | Part 7 of the Agricultural Holdings (Scotland) Act 2003 |
| October 2000 | *Damages under the Human Rights Act 1998 (180) | No legislation required |
| October 2000 | Real Burdens (181) | Title Conditions (Scotland) Act 2003 (asp 9) |
| May 2001 | Diligence (183) | Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) |
| July 2001 | *Third Parties - Rights against Insurance (184) | None. (but see the Third Parties (Rights Against Insurers) Bill, introduced in the House of Lords 25.11.09 |
| January 2002 | Age of Criminal Responsibility (185) | None (but see the Criminal Justice and Licensing (Scotland) Bill (SP Bill 24) introduced on 06.03.09) |
| August 2002 | Title to Sue for Non-Patrimonial Loss (187) | Family Law (Scotland) Act 2006: Section 35; Schedule 2, para 2; Schedule 3 (repeal of para 42 of Schedule 28 to Civil Partnership Act 2004) |
| October 2002 | Consolidation of certain Enactments relating to Salmon and Freshwater Fisheries in Scotland (188) | Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) |
| March 2003 | Law of the Foreshore and Sea Bed (190) | None |
| Published | Report Title and number | Implementing legislation |
| June 2003 | Irritancy in Leases of Land (191) | None |
| November 2003 | Partnership Law (192) | None. DTI has indicated that it does not intend to take forward the recommendations on general partnerships. |
| December 2003 | *Statute Law Revision: Seventeenth Report: Draft Statute Law (Repeals) Bill (193) | Statute Law (Repeals) Act 2004 (c 14) |
| July 2004 | Insanity and Diminished Responsibility (195) | None (but see the Criminal Justice and Licensing (Scotland) Bill (SP Bill 24) introduced on 06.03.09) |
| August 2004 | Damages for Psychiatric Injury (196) | None |
| September 2004 | Registration of Rights in Security by Companies (197) | Provisions based on Part 1 of the draft Bill (floating charges) appended to this Report are in the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) |
| Feburary 2005 | *Unfair Terms in Contracts (199) | None |
| June 2006 | *Parliamentary Costs Bill: Report on the Consolidation of Legislation relating to Parliamentary Costs (202) | Parliamentary Costs Act 2006 (c 37) |
| September 2006 | Interest on Debt and Damages (203) | None (but see the Scottish Government's Interest (Scotland) Bill: consultation and draft Bill, published January 2008) |
| December 2006 | Conversion of Long Leases (204) | None |
| Published | Report Title and number | Implementing legislation |
| March 2007 | Variation and Termination of Trusts (206) | None |
| December 2007 | Personal Injury Actions: Limitation and Prescribed Claims (207) | None |
| December 2007 | Sharp v Thomson (208) | None |
| December 2007 | Rape and Other Sexual Offences (209) | Sexual Offences (Scotland) Act 2009 (asp 9) |
| January 2008 | *Statute Law Repeals: Eighteenth Report: Draft Statute Law (Repeals) Bill (210) | Statute Law (Repeals) Act 2008 (c 12) |
| July 2008 | Crown Appeals (212) | None (but see the Criminal Justice and Licensing (Scotland) Bill (SP Bill 24) introduced on 06.03.09) |
| September 2008 | Damages for Wrongful Death (213) | None (but see the proposed Damages (Scotland) Bill lodged on 29 April 2009, and the Damages (Scotland) Bill consultation paper, published on 3 August 2009 |
| April 2009 | Succession (215) | None (but see the Scottish Government's initial response) |
| November 2009 | *Consumer Remedies for Faulty Goods (216) | None (but see the Scottish Government's initial response) |
| November 2009 | Unincorporated Associations (217) | None |
| December 2009 | Double Jeopardy (218) | None |
| December 2009 | *Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation (219) | None |
