Implementing legislation

For statutory provisions relating to earlier Memoranda and Reports, see Annual Report 1994/95 (SLC No 153) at pages 39 - 50.

Reports marked * were produced jointly with the Law Commission for England and Wales.

Report No	Title	Status	Related Measures
270	Report on Tenement law: compulsory owners' associations	Pending
269	Report on the Mental Element in Homicide	Pending
267	Report on Tenancy of Shops (Scotland) Act	Pending
266	Report on Damages for Personal Injury	Pending
262	*Joint Report on Surrogacy	Pending
261	An Improved Scheme for Financial Provision on Cohabitation Breakdown	Pending
260	Report on Aspects of Leases: Termination	The Leases (Automatic Continuation etc.) (Scotland) Bill was introduced in the Scottish Parliament and subsequently withdrawn by the Scottish Government.
258	Joint Report on Automated Vehicles	In process of implementation	Automated Vehicles Act 2024
256	*Electoral Law - A joint final report	Pending
254	Report on Section 53 of the Title Conditions (Scotland) Act 2003	Pending
252	Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses	Bill in Scottish Parliament
249	Report on Moveable Transactions: Volume 1; Volume 2; Volume 3	Implemented	Moveable Transactions (Scotland) Act 2023
248	Report on Defamation	Implemented	Defamation and Malicious Publication (Scotland) Act 2021
247	Report on Prescription	Implemented	Prescription (Scotland) Act 2018
245	Review of Contract Law: Report on Third Party Rights	Pending	Contract (Third Party Rights) (Scotland) Act 2017
243	*Statute Law Repeals: Twentieth Report: Draft Statute Law (Repeals) Bill	Pending
240	Report on Adults with Incapacity	Pending
239	Report on Trust Law	Pending	Trusts and Succession (Scotland) Act 2024
238	*Report on Insurance Contract Law: Business Disclosure; Warranties; Insurers' Remedies for Fraudulent Claims; and Late Payment	Pending	Insurance Act 2015; and Enterprise Act 2016
237	Joint Report on Regulation of Healthcare Professionals	Pending
235	*Report on the consolidation of legislation relating to Co-operative and Community Benefit Societies	Implemented	Co-operative and Community Benefit Societies Act 2014
234	*Level Crossings	Pending
233	Report on Judicial Factors	Bill in Scottish Parliament
232	Report on the Consolidation of Bankruptcy Legislation in Scotland	Pending	Bankruptcy and Debt Advice (Scotland) Act 2024; and The Bankruptcy (Scotland) Act 2016
231	Review of Contract Law - Report on Formation of Contract: Execution in Counterpart	Implemented	Legal Writings (Counterparts and Delivery) (Scotland) Act 2014
229	Similar Fact Evidence and the Moorov Doctrine	Pending
228	Prescription and Title to Moveable Property	Pending
227	*Statute Law Repeals: Nineteenth Report: Draft Statute Law (Repeals) Bill	Implemented	Statue Law (Repeals) Act 2013
226	*Consumer Redress for Misleading and Aggressive Practices	The Consumer Protection (Amendment) Regulations 2014.
224	Criminal Liability of Partnerships	Implemented	Partnerships (Prosecution) (Scotland) Act 2013
222	Land Registration, vol 1 and vol 2	Pending
219	*Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation	Implemented	Consumer Insurance (Disclosure and Representations) Act 2012
218	Double Jeopardy	Implemented	Double Jeopardy (Scotland) Act 2011
217	Unincorporated Associations	Pending
216	*Consumer Remedies for Faulty Goods	Implemented	Consumer Rights Act 2015
215	Succession	Partially implemented by the Succession (Scotland) Act 2016 (and see also the Scottish Government's initial response) See here for the Scottish Government's second consultation in 2015; and their Analysis of Responses, and their Response to the consultation See letter from the Minister for Community Safety dated 11 May 2020 The Trusts and Succession (Scotland) Bill was introduced on 22 November 2022, which will implement one of the recommendations of the 2009 Report	Succession (Scotland) Act 2016
213	Damages for Wrongful Death	Pending	Damages (Scotland) Act 2011
212	Crown Appeals	Partially implemented by sections 73-76 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)	Criminal Justice and Licensing (Scotland) Act 2010
210	*Statute Law Repeals: Eighteenth Report: Draft Statute Law (Repeals) Bill	Implemented	Statue Law (Repeals) Act
209	Rape and Other Sexual Offences	Implemented	Sexual Offences (Scotland) Act 2009
208	Sharp v Thomson	Pending
207	Personal Injury Actions: Limitation and Prescribed Claims	Pending See also the Scottish Government consultation paper on Removal of the 3 Year Limitation Period from Civil Actions for Damages for Personal Injury for in Care Survivors of Historical Child Abuse issued on 25 June 2015 and the Limitation (Childhood Abuse) (Scotland) Act 2017.	Limitation (Childhood Abuse) (Scotland) Act 2017
206	Variation and Termination of Trusts	Pending
204	Conversion of Long Leases	Implemented	Parliamentary Costs Act 2006
203	Interest on Debt and Damages	Pending
202	*Parliamentary Costs Bill: Report on the Consolidation of Legislation relating to Parliamentary Costs	Implemented	Parliamentary Costs Act 2006
199	*Unfair Terms in Contracts	Implemented	Consumer Rights Act 2015
197	Registration of Rights in Security by Companies	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)	Bankruptcy and Diligence etc. (Scotland) Act 2007
196	Damages for Psychiatric Injury	Pending
195	Insanity and Diminished Responsibility (195)	Partially implemented by Part 7 (sections 168-171) and Schedule 7 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)	Criminal Justice and Licensing (Scotland) Act 2010
193	*Statute Law Revision: Seventeenth Report: Draft Statute Law (Repeals) Bill	Implemented	Statute Law (Repeals) Act 2004
192	Partnership Law	See the Legislative Reform (Limited Partnerships) Order 2009. DTI has indicated that it does not intend to take forward the recommendations on general partnerships.
191	Irritancy in Leases of Land	Pending
190	Law of the Foreshore and Sea Bed	Pending
188	Consolidation of certain Enactments relating to Salmon and Freshwater Fisheries in Scotland	Implemented	Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003
187	Title to Sue for Non-Patrimonial Loss	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)	Family Law (Scotland) Act 2006
185	Age of Criminal Responsibility	Partially implemented by section 52 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)	Criminal Justice and Licensing (Scotland) Act 2010
184	*Third Parties - Rights against Insurers	Implemented	Third Parties (Rights Against Insurers) Act 2010; and Insurance Act 2015
183	Diligence	Implemented	Bankruptcy and Diligence etc. (Scotland) Act 2007
181	Real Burdens	Implemented	Title Conditions (Scotland) Act 2003
180	*Damages under the Human Rights Act 1998	No legislation required
178	Jurisdictions under the Agricultural Holdings (Scotland) Acts	Part 7 of the Agricultural Holdings (Scotland) Act 2003
177	Poinding and Warrant Sale	Debt Arrangement and Attachment (Scotland) Act 2002
175	*Powers of Criminal Courts (Sentencing) Bill	Scottish recommendations implemented by sections 159 and 167 of the Powers of Criminal Courts (Sentencing) Act 2000
174	Remedies for Breach of Contract	Pending
173	*Company Directors: Regulating Conflicts of Interest and Formulating a Statement of Duties	Main recommendations contained in the Companies Act 2006 (c 46)
172	*Trustees' Powers and Duties	Scottish recommendations implemented by Part 3 of the Charities and Trustee Investment (Scotland) Act 2005
171	Penalty Clauses	None (but see the Scottish Government's consultation on the Penalty Clauses (Scotland) Bill, July 2010)
169	Unjustified Enrichment, Error of Law and Public Authority Receipts and Disbursements	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
168	Abolition of the Feudal System (168)	Implemented	Abolition of Feudal Tenure etc. (Scotland) Act 2000
166	Statute Law Revision: Sixteenth Report: Draft Statute Law (Repeals) Bill	Implemented	Statute Law (Repeals) Act 1998
165	Leasehold Casualties	Leasehold Casualties (Scotland) Act 2001	Leasehold Casualties (Scotland) Act 2001
164	Diligence on the Dependence and Admiralty Arrestments	See Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)	Bankruptcy and Diligence etc. (Scotland) Act 2007
163	Boundary Walls	No legislation required
162	Law of the Tenement	Leasehold Casualties (Scotland) Act 2001	Leasehold Casualties (Scotland) Act 2001
158	Vulnerable Adults	Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) See also the Adult Support and Protection (Scotland) Act 2007 (asp 10)
160	Interpretation in Private Law	Pending

157	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	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
July 1996	*Statute Law Revision: Report on the Chronological Table of Local Legislation	No legislation required
154	Multi-Party Actions	To be implemented by Act of Sederunt
152	Three Bad Rules in Contract Law	Contract (Scotland) Act 1997	Contract (Scotland) Act 1997
151	Incapable Adults	Adults with Incapacity (Scotland) Act 2000	Adults with Incapacity Scotland Act 2000
150	*Statute Law Revision: Fifteenth Report : Draft Statute Law (Repeals) Bill	Statute Law Repeals Act 1995	Statute Law Repeals Act 1995
149	Evidence: Report on Hearsay Evidence in Criminal Proceedings	Criminal Justice (Scotland) Act 1995	Criminal Justice (Scotland) Act 1993
147	Confiscation and Forfeiture (2 Vols)	Criminal Justice (Scotland) Act 1995	Criminal Justice (Scotland) Act 1995
145	Sale of Goods Forming Part of a Bulk	Sale of Goods (Amendment) Act 1995	Sale of Goods (Amendment) Act 1995
144	Formation of Contract: Scottish Law and the United Nations Convention on Contracts for the International Sale of Goods	Pending
143	*Health Service Commissioners Bill: Report on the Consolidation of the Legislation relating to the Health Service Commissioners	Health Service Commissioners Act 1993 [consolidating statute]	Health Service Commissioners Act 1993
142	*Pension Schemes Bill : Report on the Consolidation of the Legislation relating to Pension Schemes	Pension Schemes Act 1993 [consolidating statute]	Pension Schemes Act 1993
141	Crofters (Scotland) Bill : Report on the Consolidation of Certain Enactments relating to Crofting	Crofters (Scotland) Act 1993 [consolidating statute]	Crofters (Scotland) Act 1993
140	*Statute Law Revision: Fourteenth Report : Draft Statute Law (Repeals) Bill	Statute Law (Repeals) Act 1993	Statute Law (Repeals) Act 1993
138	*Clean Air Bill : Report on the Consolidation of Certain Enactments relating to Clean Air	Clean Air Act 1993 [consolidating statute]	Clean Air Act 1993
136	Evidence: Protection of Family Mediation	Civil Evidence (Family Mediation) (Scotland) Act 1995
137	Evidence: Report on Documentary Evidence and Proof of Undisputed Facts in Criminal Proceedings	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
135	Family Law	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
134	The Effect of Death on Damages	Damages (Scotland) Act 1993	Damages (Scotland) Act 1993
133	Statutory Fees for Arrestees	Pending

132	*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	Consolidating statutes: Social Security Contributions and Benefits Act 1992 Social Security Administration Act 1992 Social Security (Consequential Provisions) Act 1992
130	*Rights of Suit in Respect of Carriage of Goods by Sea	Carriage of Goods by Sea Act 1992
129	*Private International Law - Choice of Law in Tort and Delict	Private International Law (Miscellaneous Provisions) Act 1995
October 1990	Passing of Risk in Contracts for the	Pending
125	Evidence of Children and Other Potentially Vulnerable Witnesses	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
124	Succession	Recommendation 17 implemented in part by the Family Law (Scotland) Act 2006, section 19 (Revived as a medium term project in the Seventh Programme)