Law reform update

Historic Environment Bill

The Planning Law Subcommittee submitted written evidence on the Historic Environment (Amendment) (Scotland) Bill, after meetings with Historic Scotland’s Policy Team. Proposed modifications include several to the provisions for the issue of certificates in respect of buildings that are not intended to be listed.

Wildlife etc Bill

The Environmental Law and Rural Affairs subcommittees submitted written evidence on the Wildlife and Natural Environment (Scotland) Bill, introduced on 9 June. The bill covers several areas linked by the themes of wildlife and the natural environment. The subcommittees believe that the law requires consolidation . They also raise questions about the requirement for corroboration in some wildlife offences but not others, and difficulties in defining non-native species.

Damages

The Obligations Subcommittee has provided written evidence on the Damages (Scotland) Bill and has also responded to the separate Scottish Government consultation on Damages for Wrongful Death. In its written evidence on the bill, the Society concentrated on four areas which have prompted more debate: assessment of reasonable living expenses that the deceased might have incurred; calculation of damages payable to a victim’s family; the method of applying multipliers in fatal cases; and restricting the classes of relative who may bring claims for damages. The Society gave oral evidence to the Justice Committee on 7 September.

Penalty clauses

The unanimous view of the Obligations Subcommittee is that the current draft Penalty Clauses (Scotland) Bill is not acceptable, as it will lead to considerable uncertainty. It is not limited (as is the common law) to clauses requiring payment of money; its major premise is that “manifestly excessive” clauses are invalid; the court can grant an application to modify a clause “if it thinks fit”. This would provide insufficient comfort to commercial parties.