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  4. Commission keeps up law reform work through pandemic

Commission keeps up law reform work through pandemic

7th March 2022

Progress on law reform projects in spite of the COVID-19 pandemic is revealed in the Scottish Law Commission’s annual report for 2021, published today.

The year was the fourth of the Commission’s Tenth Programme of law reform 2018-2022. Publications included two discussion papers, on the mental element in homicide, and on heritable securities (default and post-default). A draft bill on aspects of leases (the Leases (Automatic Continuation etc) (Scotland) Bill) was issued for consultation. All of these feature in the programme, as do automated vehicles, on which a joint report with the Law Commission for England & Wales was published at the beginning of 2022, and damages for personal injury, on which a discussion paper has since been published.

2021 also saw the passing of the Defamation and Malicious Publication (Scotland) Act 2021, which was based on a report by the Commission; and the Moveable Transactions Bill, also based on a report, has been included in the First Minister’s Programme for Government for the current parliamentary year.

The report also anticipates the publication in spring 2022 of a report and final draft bill on the law of leases; a report and draft bill on cohabitation in late spring or early summer; and a joint report and draft bill on surrogacy in the autumn.

Lady Paton, chair of the Commission, commented: “Although heavily dependent upon electronic communication and virtual meetings, the Commission maintained effective working relations with the Scottish ministers; MSPs and MPs; Law Commissions in other jurisdictions; universities and academic staff; professionals and support groups; and many others.”

She added: “Looking forward, 2022 is the final year of our Tenth Programme of Law Reform. Some of our current projects are anticipated to continue into the Eleventh Programme: for example, homicide, heritable securities, aspects of family law, and compulsory owners’ associations for tenement owners (a recent welcome reference from the Scottish Government). The Commission intends to consult and invite suggestions for new projects in the Eleventh Programme.”

Access the report here.

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