Tenth Programme of Law Reform consultation

PLEASE NOTE THAT THIS CONSULTATION CLOSED ON 31 JULY 2017

Do you have any suggestions for our Tenth Programme of Law Reform?

Preparing our Tenth Programme of Law Reform

We are consulting on our Tenth Programme of Law Reform.

The Programme will set out the main areas of law which we intend to review starting in 2018. Further details can be found in our news release.

We will submit the Tenth Programme to Scottish Ministers for approval and laying before the Scottish Parliament.

Suggestions and comments welcome

The Commission would be grateful for any suggestions and comments on the content of the Tenth Programme of Law Reform, by 31 July 2017. In particular -

  1. Do you have any law reform projects to suggest?
  2. Do you have any project to suggest that would be suitable for the Commission Bill process in the Scottish Parliament; or, in relation to reserved matters, for the House of Lords procedure for Commission Bills?

In suggesting a new project, the Commission would be grateful if you could also provide us with information about:

  • the problems and weaknesses with the law that you have identified;
  • the impact this is having in practice; and
  • the potential benefits of law reform.

Criteria for selecting topics

In choosing topics for the Tenth Programme, we will apply the following criteria:

  • Importance - the extent to which the law is unjust or out of date, and the potential benefits from reform.
  • Suitability - whether the issues are mainly legal rather than political.
  • Resources - the availability of expertise and experience of Commissioners and legal staff; and the need for a mix of projects in terms of scale and timing to achieve a balance of workload among Commissioners, and effective management of the Programme.

We will also bear in mind whether a topic may be suitable for the special parliamentary law reform processes, in particular the procedure for Commission Bills in the Scottish Parliament.

Projects to be carried forward into the Tenth Programme

A number of ongoing projects under our current Programme, the Ninth Programme, will be carried forward into the Tenth Programme in 2018. These are -

  • Our continuing review of contract law (expected to conclude in Spring 2018);
  • Heritable securities;
  • Proprietary aspects of leases.

Further details of these projects can be found here.

In addition, the Cabinet Secretary for Justice, and the request of the Justice Committee of the Scottish Parliament, has made a reference to the Commission to undertake a review of section 53 of the Title Conditions (Scotland) Act 2003.

We may also carry out joint law reform work with the Law Commission for England and Wales.

How to respond

Where possible, we could prefer electronic submission of comments, using this downloadable response template or the online form. Alternatively, our general email address is info@scotlawcom.gsi.gov.uk.

All non-electronic correspondence should be addressed to:

Malcolm McMillan
Scottish Law Commission
140 Causewayside
Edinburgh
EH9 1PR

Tel: 0131 668 2131.

Please note that information about this consultation, including copies of responses, may be made available in terms of the Freedom of Information (Scotland) Act 2002. Any confidential response will be dealt with in accordance with the 2002 Act.

We may also (i) publish responses on our website (either in full or in some other way such as re-formatted or summarised); and (ii) attribute comments and publish a list of respondents' names.