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Holyrood committee backs Third Party Rights Bill

15 May 2017

Initial backing for the Contract (Third Party Rights) (Scotland) Bill has been given by the Holyrood Committee given charge of its parliamentary scrutiny.

In its stage 1 report the Delegated Powers & Law Reform Committee has recommended approval of the general principles of the bill, which implements recommendations of the Scottish Law Commission.

The bill, which is going through the special procedure for non-contentious law reform measures, seeks to provide a new statutory framework covering third-party rights in contract, putting the common law of ius quaesitum tertio on a statutory footing and making the law clearer and easier to use.

While the committee’s report notes widespread consensus in support of the legislation, it also records a number of suggestions from stakeholders as to how the law could be made clearer.

Convener John Scott MSP commented: “This bill should deliver the flexibility and certainty that has been sought in this area of law. It is clear there is consensus and universal support for the aims of the bill amongst the stakeholders that the committee heard from.

“There is potential for this bill to be a useful tool for legal practitioners and their clients. There are a number of points however, where stakeholders have suggested the clarity of the bill could be improved and the committee would welcome the Scottish Government’s reflections on these.”

Click here to access the report.


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