February 2016

The Society’s committees have been working on a number of Scottish Parliament and UK Parliament Bills and consultations including the Lobbying Bill, the Transport Bill, the Health and Tobacco Bill, Trade Union Bill (see below) and the Transplant Bill. Other key areas of work are highlighted below. For more information see the law reform section of the website.

Third Party Rights Bill

The Law Society of Scotland welcomed the Scottish Law Commission’s Draft Third Party Rights Bill which seeks to put the common law position on statutory footing and will give third parties to a contract, the statutory right to create an enforceable right. Under the current common Scots law, the parties to a contract can create an enforceable right in favour of a third party, known as jus quaesitum tertio. The Society supports the intention of the Third Party Rights Bill and believe that the legislation will provide clarity and certainty. It is a significant improvement and development on the current common law. The Society has put forward some small suggestions to improve the clarity of the Bill and ensure the scope of the Bill fully achieves the policy intent.

Our response can be found on our website