Our processes
An explanation of how we research, consult, and develop law reform proposals.
Project initiation
Our authority to carry out work is contained in ongoing Programmes of Law Reform approved by the Scottish Ministers or on the basis of a reference from the Scottish Ministers. We are currently working under the authority of our Eleventh Programme of Law Reform.
A law reform project can be initiated by ourselves or jointly with the Law Commission for England and Wales. Proposals sometimes come from organisations or individuals. Scottish Ministers may also ask us to undertake work on a certain area of the law.
Law reform project process
First step
Typically, a project begins with a study of the area of the law in question to ascertain its weaknesses. This process may be assisted by a consultant, an advisory group of outside experts or by opinion surveys or other kinds of empirical research. There will usually also be research into how other countries deal with this particular area of the law. Openness and engagement with interested parties, including civic society, members of the general public, relevant professions and businesses, are at the core of the Commission's work
Second step
A discussion paper will be prepared to find out what others think of possible solutions. The paper will set out in detail the existing law and its defects, the arguments for and against possible solutions and will invite comments. The discussion paper will be circulated widely as well as being available on our website. Public meetings and seminars may also be held. This consultation process is vital to our work and we welcome comments from interest groups and individuals. Your comments enable us to draw on the experience and expertise of others involved and interested in the particular area of law under review.
Third step
In the light of comments received, solutions will be decided upon which appear to us to offer the best way forward. These conclusions will be contained in a report which we submit to the Scottish Ministers (and also to the UK Government if the area of law in question is a matter for the Westminster Parliament). A draft Bill giving effect to our recommendations will usually be appended to the report. Our reports are available on our website.
Fourth step
Once we have reported it is a matter for the Government as to whether our recommendations are implemented. Details of the statutes which have implemented our reports are available here.
Flow chart of a law reform project
Law reform projects, other than consolidation projects, usually follow the same process set out in this chart.
Our approach
In order to achieve our aim, we will continue to adopt the core values of independence, inclusiveness, openness and professionalism in:
- working together as a team
- valuing and respecting each individual member of our staff
- maximising efficient and effective use of resources to support our law reform activities
- engaging proactively in discussion of law reform issues with government and professional bodies and with the wider community
- taking account of the views of others
- producing work of the highest quality
- being an active member of the international law reform community, encouraging the exchange of information and ideas.
Law reform
Information about our law reform programmes and current and completed law reform projects.