Law reform roundup

Land Registration (Scotland) Bill

The Property Committee has now submitted amendments to the Economy, Enterprise and Tourism Committee. While the Society broadly welcomes the bill, it has concerns around the insertion of s 108, which relates to the submission of a false or misleading application for registration or failure to disclose material information in such an application. The Society proposes that this section is removed as unnecessary and not fulfilling its intended purpose of tackling fraud. The proposed amendments can be found on the Society’s website at the web page noted below.

Social Care (Self Directed Support) (Scotland) Bill

The Mental Health and Disability Subcommittee has been considering this bill and will submit written and it is hoped oral evidence to the Health & Sport Committee. The Bill’s objective is to provide individuals with a range of choices about how they receive their support; it places a duty on local authorities to provide four choices to individuals who are assessed as requiring support. The Society is concerned that the policy intention is not adequately achieved by s 5, which relates to a choice of options, as the provision may give rise to human rights issues: it may be interpreted to apply to individuals who lack capacity to make decisions, as opposed to those who have capacity, but would benefit from support.

Criminal Cases (Punishment and Review) (Scotland) Bill

The Criminal Law Committee wrote to all MSPs ahead of the stage 1 debate on 19 April. The committee has previously given written and oral evidence on part 1 of the bill, which relates to the punishment part of non-mandatory life sentences, and addresses the issue whereby a person receiving an indeterminate prison sentence (non-mandatory life sentence) will be eligible for parole earlier than a person receiving a determinate (fixed term) sentence. The committee welcomes the policy intent but believes that the bill as it stands will not give rise to a clear legislative solution. The full letter and the Society’s written evidence can be found at the web page noted below.

Common European Sales Law

A working group has been considering a call for evidence which relates to the European Commission proposal to adopt a common form of contract law for cross border sales transactions, business to business and business to consumer. In principle the Society is supportive of the proposals, and believes that it will offer consumers protection that is equal to, if indeed not greater than that currently available, and will provide certainty and transparency for each party in cross border transactions.

Pensions law

Iain Talman, a partner with Biggart Baillie who specialises in pensions law, is to step down as convener to the Pension Law Subcommittee after 18 years of service, following its June meeting. The Society and the committee have benefited greatly over the years from Iain’s knowledge and expertise and his contributions will be greatly missed. Norman Dowie (current vice convener) will move into the role of convener, subject to approval by the Law Reform Committee.

Further information on the current work of the Law Reform Department can be found at www.lawscot.org.uk/forthepublic/law-reform-consultations, and the team can be contacted on any of the matters above at lawreform@lawscot.org.uk, or follow us on twitter @lawscot