News In Focus
30 April 2009
SLC launches public consultation on law reform
The Scottish Law Commission is launching a public consultation to seek the public’s views about what areas of the law it should tackle in its next programme of law reform.
The Commission’s chairman, Lord Drummond Young, said: "We aim to recommend reforms that will contribute to a modern legal framework for Scotland to encourage economic growth.
“We also wish to achieve practical benefits for Scottish people by recommending changes that will meet their needs, in both their working and personal lives. We look forward to hearing from members of the public about areas of the law that are unfair, unduly complex or outdated and in need of systematic reform."
Most of the Commission's work is carried out under programmes approved by Scottish Ministers.
Each programme runs for five years and identifies areas of the law which the Commission will examine during that period. Previous work of the Commission has resulted in major new laws passed by the Scottish Parliament, for example on bankruptcy and diligence in 2007, and on the law of the tenement in 2004.
The next programme is due to start in January 2010. Among the topics being considered are –
Property law topics such as:
- heritable security (mortgages)
- security over corporeal moveable property (goods)
- leases – proprietary effects
- separate tenements (such as mineral rights and salmon fishings)
- tacit relocation in relation to commercial leases
- prescription and property.
Public law topics such as:
- roads and other public rights of way
- compulsory purchase.
Other possible topics:
- executries and administration of the estates of deceased persons
- the criminal liability of partnerships
- a Scottish contract code, based on the European draft Common Frame of Reference
- prescription generally.
An online consultation is available on the Commission's website at www.scotlawcom.gov.uk