Commission floats Prescription Bill draft for views

A working draft of the bill giving effect to the Scottish Law Commission’s proposals to reform aspects of the law of prescription has been posted online for comment, ahead of publication of the Commission's final report.

The law reform body is currently adjusting the draft bill as part of the final stages of its project on prescription, following feedback on the suggested policy set out in the discussion paper published in February 2016. That paper contained proposals to reform the rules on running of time in relation to latent damage, along with the scope of the five year prescription, the operation of the 20 year long stop prescription, contracting out and burden of proof.

The Commission has made the draft available on its website, with explanatory notes, to seek any further views of consultees before the final version is published with the report this summer.

Whilst most of the policy remains as set out in the discussion paper, the Commission has developed its thinking in certain respects. These developments are drawn to people's attention in a covering note, also on the website. The Commission has also adopted a suggestion made by a respondent on a technical aspect of the law which was not dealt with in the discussion paper.

Views on these or any other points covered by the draft bill would be welcomed by 31 March 2017.

Click here to access the project page and draft bill.

Responses should be sent to info@scotlawcom.gsi.gov.uk