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.

PublishedReport title and numberImplementing legislation
January 1990 Succession (124)
  • Recommendation 17 implemented in part by the Family Law (Scotland) Act 2006, section 19 (Revived as a medium term project in the Seventh Programme)
February 1990 Evidence of Children and Other Potentially Vulnerable Witnesses (125)
  • 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
October 1990 Passing of Risk in Contracts for the Sale of Heritable Property (127)
  • None
December 1990 *Private International Law - Choice of Law in Tort and Delict (129)
  • Private International Law (Miscellaneous Provisions) Act 1995
March 1991 *Rights of Suit in Respect of Carriage of Goods by Sea (130)
  • Carriage of Goods by Sea Act 1992
November 1991 *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 (132) Consolidating statutes:
  • Social Security Contributions and Benefits Act 1992
  • Social Security Administration Act 1992
  • Social Security (Consequential Provisions) Act 1992
January 1992 Statutory Fees for Arrestees (133)
  • None
March 1992 The Effect of Death on Damages (134)
  • Damages (Scotland) Act 1993
May 1992 Family Law (135)
  • 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
November 1992 Evidence: Protection of Family Mediation (136)
  • Civil Evidence (Family Mediation) (Scotland) Act 1995
October 1992 Evidence: Report on Documentary Evidence and Proof of Undisputed Facts in Criminal Proceedings (137)
  • 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
November 1992 *Clean Air Bill : Report on the Consolidation of Certain Enactments relating to Clean Air (138)
  • Clean Air Act 1993 [consolidating statute]
April 1993 *Statute Law Revision: Fourteenth Report : Draft Statute Law (Repeals) Bill (140)
  • Statute Law (Repeals) Act 1993
May 1993 Crofters (Scotland) Bill : Report on the Consolidation of Certain Enactments relating to Crofting (141)
  • Crofters (Scotland) Act 1993 [consolidating statute]
May 1993 *Pension Schemes Bill : Report on the Consolidation of the Legislation relating to Pension Schemes (142)
  • Pension Schemes Act 1993 [consolidating statute]
June 1993 *Health Service Commissioners Bill : Report on the Consolidation of the Legislation relating to the Health Service Commissioners (143)
  • Health Service Commissioners Act 1993 [consolidating statute]
July 1993 Formation of Contract: Scottish Law and the United Nations Convention on Contracts for the International Sale of Goods (144)
  • None
July 1993 *Sale of Goods Forming Part of a Bulk (145)
  • Sale of Goods (Amendment) Act 1995
September 1994 Confiscation and Forfeiture (2 Vols) (147)
  • Criminal Justice (Scotland) Act 1995
PublishedReport title and numberImplementing legislation
February 1995 Evidence: Report on Hearsay Evidence in Criminal Proceedings (149)
  • Criminal Justice (Scotland) Act 1995
March 1995 *Statute Law Revision: Fifteenth Report : Draft Statute Law (Repeals) Bill (150)
  • Statute Law Repeals Act 1995
September 1995 Incapable Adults (151)
  • Adults with Incapacity (Scotland) Act 2000
January 1996 Three Bad Rules in Contract Law (152)
  • Contract (Scotland) Act 1997
July 1996 Multi-Party Actions (154)
  • To be implemented by Act of Sederunt
July 1996 *Statute Law Revision: Report on the Chronological Table of Local Legislation
  • No legislation required
November 1996 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 (157) 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
February 1997 Vulnerable Adults (158)
  • Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
  • See also the Adult Support and Protection (Scotland) Act 2007 (asp 10)
October 1997 Interpretation in Private Law (160)
  • None
March 1998 Law of the Tenement (162)
  • Tenements (Scotland) Act 2004
March 1998 Boundary Walls (163)
  • No legislation required
March 1998 Diligence on the Dependence and Admiralty Arrestments (164)
  • See Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
March 1998 Leasehold Casualties (165)
  • Leasehold Casualties (Scotland) Act 2001
May 1998 Statute Law Revision: Sixteenth Report: Draft Statute Law (Repeals) Bill (166)
  • Statute Law (Repeals) Act 1998
February 1999 Abolition of the Feudal System (168)
February 1999 Unjustified Enrichment, Error of Law and Public Authority Receipts and Disbursements (169)
  • 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
May 1999 Penalty Clauses (171)
July 1999 *Trustees' Powers and Duties (172)
September 1999 *Company Directors: Regulating Conflicts of Interest and Formulating a Statement of Duties (173)
  • Main recommendations contained in the Companies Act 2006 (c 46)
December 1999 Remedies for Breach of Contract (174)
  • None
PublishedReport title and numberImplementing legislation
March 2000 *Powers of Criminal Courts (Sentencing) Bill (175)
  • Scottish recommendations implemented by sections 159 and 167 of the Powers of Criminal Courts (Sentencing) Act 2000
April 2000 Poinding and Warrant Sale (177)
May 2000 Jurisdictions under the Agricultural Holdings (Scotland) Acts (178)
October 2000 *Damages under the Human Rights Act 1998 (180)
  • No legislation required
October 2000 Real Burdens (181)
May 2001 Diligence (183)
July 2001 *Third Parties - Rights against Insurers (184)
January 2002 Age of Criminal Responsibility (185)
August 2002 Title to Sue for Non-Patrimonial Loss (187)
October 2002 Consolidation of certain Enactments relating to Salmon and Freshwater Fisheries in Scotland (188)
March 2003 Law of the Foreshore and Sea Bed (190)
  • None
June 2003 Irritancy in Leases of Land (191)
  • None
November 2003 Partnership Law (192)
December 2003 *Statute Law Revision: Seventeenth Report: Draft Statute Law (Repeals) Bill (193)
July 2004 Insanity and Diminished Responsibility (195)
August 2004 Damages for Psychiatric Injury (196)
September 2004 Registration of Rights in Security by Companies (197)
PublishedReport title and numberImplementing legislation
February 2005 *Unfair Terms in Contracts (199)
June 2006 *Parliamentary Costs Bill: Report on the Consolidation of Legislation relating to Parliamentary Costs (202)
September 2006 Interest on Debt and Damages (203)
  • The Scottish Government does not intend to implement the recommendations on interest on debt; but will consider further the recommendations on interest on damages when considering the reform of damages generally: see the letter from the Scottish Government dated 15 June 2012
December 2006 Conversion of Long Leases (204)
March 2007 Variation and Termination of Trusts (206)
  • None (but recommendations in this area were incorporated into the Report on Trust Law (SLC No 239; 2014))
December 2007 Personal Injury Actions: Limitation and Prescribed Claims (207)
December 2007 Sharp v Thomson (208)
  • None
December 2007 Rape and Other Sexual Offences (209)
January 2008 *Statute Law Repeals: Eighteenth Report: Draft Statute Law (Repeals) Bill (210)
July 2008 Crown Appeals (212)
September 2008 Damages for Wrongful Death (213)
April 2009 Succession (215)
  • 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
November 2009 *Consumer Remedies for Faulty Goods (216)
November 2009 Unincorporated Associations (217)
  • None (but see the Government's response (published July 2012) to the consultation on reforming the law on Scottish unincorporated associations
December 2009 Double Jeopardy (218)
December 2009 *Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation (219)
PublishedReport title and numberImplementing legislation
February 2010 Land Registration, vol 1 and vol 2 (222)
December 2011 Criminal Liability of Partnerships (224)
March 2012 *Consumer Redress for Misleading and Aggressive Practices (226)
March 2012  *Statute Law Repeals: Nineteenth Report: Draft Statute Law (Repeals) Bill (227)
May 2012 Prescription and Title to Moveable Property (228)
  •  None (but see the Scottish Government's initial response)
May 2012 Similar Fact Evidence and the Moorov Doctrine (229)
  •  None (but see the Scottish Government's initial response)
April 2013  Review of Contract Law - Report on Formation of Contract: Execution in Counterpart (231)
May 2013 Report on the Consolidation of Bankruptcy Legislation in Scotland (232)
August 2013 Report on Judicial Factors (233)
September 2013  *Level Crossings (234)
  • None (but see the UK Government's responses, in 2014 and in 2018).
December 2013 *Report on the consolidation of legislation relating to Co-operative and Community Benefit Societies (235)
April 2014 Joint Report on Regulation of Healthcare Professionals (237)
  • None (but see the Government consultation in November 2017 here and the Government response).  See also the UK Government’s letter of July 2023 and the response from the Chair of the Commission.
July 2014 *Report on Insurance Contract Law: Business Disclosure; Warranties; Insurers' Remedies for Fraudulent Claims; and Late Payment (238)
August 2014 Report on Trust Law (239)
October 2014 Report on Adults with Incapacity (240)
  • None (but see the Scottish Government's initial response, consultation in December 2015 and the Scottish Government's proposals in January 2018.)
June 2015 *Statute Law Repeals: Twentieth Report: Draft Statute Law (Repeals) Bill (243)
  • None.
July 2016 Review of Contract Law: Report on Third Party Rights (245)
July 2017 Report on Prescription (247)
December 2017 Report on Defamation (248)
December 2017 Report on Moveable Transactions (249): Volume 1; Volume 2; Volume 3
March 2018 Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses (252)
  • None (but see the Scottish Government's initial response and also the Scottish Government's letter of 5 September 2023 and the response from the Chair of the Commission.  The Scottish Government's letter of 8 July 2024 and the response from the Chair of the Commission).
April 2019 Report on Section 53 of the Title Conditions (Scotland) Act 2003 (254)
  • None.
March 2020 *Electoral Law - A joint final report (256)
  • None, but see the UK Government’s letter of July 2023 and the response from the Chair of the Commission.
January 2022 Joint Report on Automated Vehicles (258)
October 2022 Report on Aspects of Leases: Termination (260)
  • See the Scottish Government's letter of 5 September 2023 and the response from the Chair of the Commission. A Leases (Automatic Continuation etc.) (Scotland) Bill has been included in the Scottish Government’s Programme for Government 2024-2025.
November 2022 An Improved Scheme for Financial Provision on Cohabitation Breakdown (261)
  • None (but see the Scottish Government's initial response and the Scottish Government's letter of 5 September 2023 and the response from the Chair of the Commission).
March 2023 *Joint Report on Surrogacy (262)
  • None (but see the UK Government's interim response).