Commission's annual report marks achievements of 50th year
Highlights of its 50th year are recorded in the Scottish Law Commission’s Annual Report for 2015, published today.
As well as special events to mark the anniversary, 2015 saw the Commission embark on its ninth programme of law reform. It also published its 20th report, with the Law Commission for England & Wales, on proposed repeals of outdated legislation, and a further joint paper for consultation on reforming insurance contract law. Soon after the year end there was also published a joint interim report on reforming election law.
Regarding implementation of its proposals, the Commission says it is pleased with the working of the new special procedure in the Scottish Parliament for speedier enactment of non-contentious law reform proposals. This resulted during the year in the passing of the Legal Writings (Counterparts and Delivery) (Scotland) Act, and the advancement of the Succession (Scotland) Bill and the consolidating Bankruptcy (Scotland) Bill under the procedure. The Enterprise Bill in the UK Parliament includes some earlier joint Law Commission proposals on insurance law.
Main projects under its ninth programme are transfers of and security rights in moveable property, including rights such as book debts and intellectual property; contract law having regard to EU developments; compulsory purchase, on which the Commission is now considering the responses to its major 2014 consultation paper; heritable securities, work on which will follow completion of the moveable property project; defamation, a "complex and challenging" project on which a discussion paper is anticipated early in 2016; proprietary aspects of leases; and aspects of the law of prescription. In addition there are references from the Scottish ministers and jpoint projects with the other UK Law Commissions.
In his foreword the Commission's chairman, Court of Session judge Lord Pentland comments: "At the end of my second year as chairman, I would make three points. Firstly, despite the pressures on public expenditure, the Commission continues to deal effectively with a wide and diverse programme of law reform projects in many complex and challenging areas; this is due in no small measure to the dedication and commitment of our team at Causewayside.
"Secondly, I am heartened by the strong level of support for our work that exists in the wider community. I am especially grateful to all stakeholders who have contributed to our projects, as members of our advisory groups or more informally.
"Thirdly, it is essential that we at the Commission continue to modernise our approach and the way we work. During 2015 we took major strides in the way we used social media and our website to communicate about our projects. In the coming year we will continue to examine critically the way we work in order to
improve our efficiency and methodology and our relationships with government and the legislatures."
He adds: "As the pace of change in our society continues to accelerate, there will be a greater than ever need to ensure that our law marches in step. Economic prosperity and the quality of life of the people of Scotland depend on it."