It is perhaps hard to believe, but edition 1 of the Scottish Standard Clauses came into the world as long ago as December 2014. It is even more staggering to note that the first edition of the Edinburgh Standard Clauses was issued in 2005 and the first edition of the Combined Standard Clauses was June 2009. It is perhaps tempting fate to suggest that the underlying style of the standard clauses has passed the test of time, and more importantly, is now an accepted fact of current conveyancing practice.
I would suggest that one reason that the standard clauses have found acceptance is there has always been an ongoing effort to ensure they are amended, updated or rectified to reflect appropriate changes in practice. There may be some cases where the drafters of the standard clauses have seen fit to lead changes in practice, but the majority of amendments are taken to reflect what is happening “on the ground”.
As part of that process, therefore, I am pleased to say the third edition of the Scottish Standard Clauses has now been approved, finalised and registered in the Books of Council & Session.
The registered clauses have been circulated via the Law Society of Scotland, and it is suggested they, in effect, come into operation as and when firms see fit, but preferably no earlier than 1 November 2018.
The various changes implemented by the new edition have been generally trailed at various events and by members of the working party, within local faculties.
The purpose of this article, however, is simply to highlight, once again, the primary changes within the new edition, utilising the numbering which will be known to you.
These are the primary changes and I hope practitioners will agree they reflect, as always, a fair and reasonable balance within the standard offer between the interests of both buyer and seller.
As always, the monitoring and reviewing of the standard clauses is an ongoing task and if any colleague does wish to suggest further changes at any stage, they should feel free to contact myself or any other member of the working party via the Law Society of Scotland.
In this issue
- Salaried but not employed
- Brussels and Brexit: the end of the beginning
- The art of rectification
- Affidavits in family actions: the new practice
- Overseas but under the law
- Share schemes: the key to unlocking business success?
- Reading for pleasure
- Opinion: Laura Connor
- Book reviews
- Profile: Waqqas Ashraf
- President's column
- Ayr-Zetland: the tour continues
- People on the move
- Heading for a split?
- Brexit: a role for judicial review
- Human rights: closing the gap
- Switching on to electric cars
- Excellence in many guises
- Legal IT: from potential to progress
- How to get law firm stakeholders to invest in legal technology
- End of the road
- Deficiencies of process v disability discrimination
- Family lawyers and the sleuth client
- Sending the right message
- Pension transfers: protecting people from themselves
- Scottish Solicitors' Discipline Tribunal
- Missives: the third way
- Variety in squeezed times
- Public policy highlights
- New year, new plan
- Mentoring scheme moves up a level
- Ask Ash
- (Re)Setting the clock – the breeze that caused a storm*
- Paralegal pointers
- The quest for innovation
- Appreciation: Murray Alexander Sinclair