Eleventh Programme of Law Reform
The Eleventh Programme is a five year programme covering the five year period from 2023 to 2027. It incorporates ongoing work from the Tenth programme as well as four new projects. Each of these is classified as short-term, medium-term, or long-term: a project is short-term where we expect to complete it well within the life of the Programme, medium-term where we intend to complete it by the end of this Programme, and long-term where it will most likely be carried into the next Programme (either because it is particularly substantial, or because work on it will not commence until towards the end of the current Programme).
The Programme has been approved by Scottish Ministers and laid before the Scottish Parliament. It was prepared following extensive consultation with the legal profession and other interested parties including members of the public. We are grateful to all who responded. There were a number of good suggestions from consultees that, unfortunately, we do not have the capacity to undertake in this particular Programme. All suggestions have, however, been drawn to the attention of the Scottish Government.
Items in the Eleventh Programme
Five projects are carried forward from the Tenth programme:
- Heritable securities
- Aspects of the law of leases
- Aspects of family law
- Damages for personal injury
We are also continuing our work on Tenement law: compulsory owners' associations, which was a project referred to us during the period covered by our Tenth Programme.
In addition, there are four new projects, each stemming from suggestions made by consultees. All suggestions were assessed against the project selection criteria of importance, suitability and resources. The four new projects are on:
- Execution of documents
- Limitation (or time-bar)
- Executry law
- Consolidation of nature conservation legislation
The Commission's other law reform work
In addition to its work under the Programme, the Commission will continue to deal with any requests for advice received from the Scottish Government and the UK Government.
As already alluded to, we received a reference in 2022 from the Cabinet Secretary for Social Justice, Housing and Local Government for a project on compulsory owners' associations in tenement buildings.
There is also an ongoing need for the Commission to contribute to joint law reform work. Joint projects with the Law Commission of England and Wales include:
In addition, we recently completed work on a joint project on surrogacy. As the report was published in March 2023, during the currency of the new Programme, it is included within it.
Consultation responses to the Eleventh Programme
All the responses can be found here to the Commission's consultation when preparing the Eleventh Programme of Law Reform. Some personal information has been redacted.