Execution in counterpart: final chance to comment

21 Jan 2013

Following discussion on the opinions expressed at our seminar held jointly with the Centres for Private and Commercial Law at Edinburgh University on execution in counterpart in November 2012, we wish to publish the most recent draft of the Execution in Counterpart etc. (Scotland) Bill 2013, together with brief explanatory notes. These are to be considered alongside Mr Paul Hally of Shepherd + Wedderburn LLP’s article in the Journal. We would like to invite comment on the draft bill, particularly pertaining to the most significant changes to the bill since the seminar, namely, the addition of provision for a nominated person to take delivery of a document executed in counterpart (section 2), and updated provisions on the partial delivery of documents executed in counterpart in sections 3(4) – (6). Those who wish to submit comments are encouraged to do so by email to Lorna MacFarlane (Lorna.MacFarlane@scotlawcom.gsi.gov.uk) by 31 January 2013.