Law reform update

Law reform update

Criminal Justice and Licensing Bill

The Criminal Justice and Licensing Bill, currently at stage 1, is wide ranging. The Society’s Criminal Law Committee has contributed to a number of consultations in relation to the bill, and in November it submitted written evidence. This commented on provisions relating to sentencing, community payback orders, serious organised crime, extreme pornography, prosecution of children, and evidence issues.

The Mental Health and Disability Law Subcommittee has also contributed its views on the bill’s test for diminished responsibility, suggesting that a stronger volitional element be included.

Arbitration Bill

The Arbitration (Scotland) Bill was passed on 18 November 2009. The Society’s working party was very closely involved at all stages of the Scottish Government’s proposals and the subsequent development of the bill in the Parliament. Its expert arbitration lawyers included Neil Kelly, a partner at MacRoberts, who lent his considerable knowledge to scrutinise the bill and suggest a number of improvements.

As a result of the bill’s passage, arbitrators will now have clear powers to grant remedies, make awards of interest and deal efficiently with questions of law. Parties will also have greater choice over how they choose to arbitrate and will have recourse to the courts in appropriate circumstances.

Legal Services (Scotland) Bill

The Society has submitted written evidence on the Legal Services (Scotland) Bill, which will allow solicitors the option of adopting an alternative business model to the traditional law firm. It welcomes the proposals while stressing that there must be sufficient protection for key principles. The Society has also been invited to give oral evidence on the bill on 15 December.

Home Owner and Debtor Protection

The Society has submitted written and oral evidence on the Home Owner and Debtor Protection (Scotland) Bill, currently at stage 1. It contains measures to protect debtors and increase protections for those facing bankruptcy. The committee has expressed concerns about some of the provisions and at the lack of consultation on many of the provisions.

Tax law update

The Charity Law Subcommittee had a meeting with OSCR’s Chief Executive Jane Ryder, and senior legal adviser, Quentin Fisher on 16 November. The main purpose of the meeting was to scope opportunities for increased engagement between OSCR and the profession and to establish how the Society can assist with this.