Current Programme of Law Reform

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(Note: details of the Fifth and Sixth Programmes of Law Reform can be found on the Reports pages)

Seventh Programme of Law Reform (2005-09) [pdf]

(Scot Law Com No. 198)

The Seventh Programme incorporates ongoing work from the previous programme as well as identifying new projects to be undertaken. It comprises a mix of short, medium and long term projects on which the Commission will work from the beginning of 2005 to the end of 2009.

The programme was prepared following extensive consultation with the legal profession and other interested bodies. For the first time, the Commission also sought views from the public at large about areas of the law in need of reform. Two items, the law of inheritance and the law on unincorporated associations, are included in the Programme as a direct result of suggestions made by consultees.

Items in the Seventh Programme

Four of the projects are carried forward from the previous programme:

Leasehold tenure (conversion of long leases)
Land registration
Trusts
Judicial factors

In addition four new projects are identified:

law of inheritance

This project will examine the way a deceased person's estate is shared among family members where the person has died without making a will and also the extent to which family members should be protected against disinheritance;

assignation of, and security over, intangible assets (such as insurance policies or book debts)

This area of the law is especially important in a commercial context, affecting the ease with which Scottish businesses can raise finance;

unincorporated associations

This project will look at a number of practical problems that bodies such as sports clubs and residents' associations face in entering into contracts, holding property or dealing with claims against the association and its members;

provocation, self-defence, coercion and necessity

These core defences are of considerable practical significance in the criminal justice system and the present rules are regarded by many as unsatisfactory.

The Commission's other law reform work

In addition to its work under the Programme the Commission will continue to deal with requests for advice received from the Scottish Government and UK government departments. Four topics are currently referred to the Commission by Scottish Ministers:

Sharp v Thomson (examining the protection of buyers on the seller's insolvency)
Interest on debt and damages
Rape and other sexual offences
Limitation in personal injury actions

There is also an ongoing need for the Commission to respond to work being carried out by the Law Commission for England and Wales. From time to time this may involve the two Commissions undertaking a joint examination of a particular topic.