Law Society consultations

Scottish administrative justice is going through a time of significant change. In addition to a large-scale transfer of tribunal jurisdictions from HM Courts and Tribunals Service to the Scottish Courts and Tribunals Service, a number of substantive aspects of social security policy are now being devolved. These changes offer opportunities to think strategically about the development of administrative justice in Scotland and to develop a distinctively Scottish approach. At a stage that a more principles-based approach is being taken in areas such as devolved social security, we are exploring the potential for core principles to help determine the ways in which disputes between individuals and the state are resolved, ensuring more effective decision-making, appeals processes and governance.

We have published a discussion paper, examining the landscape for administrative justice, and the case for a principles-based approach to be placed in legislation, including elements around public law, human rights and equalities. 

This consultation closed on Monday 21 November. Should you have any queries about this consultation, please contact  to policy@lawscot.org.uk.

Our Planning Law sub-committee ran a public consultation on the subject of planning obligations, between 25 November 2019 and 3 February 2020 and we are now pleased to share our findings, in the following documents.

• Planning obligations report September 2020 
• Planning obligations summary document September 2020

These papers set out our proposals, based on the evidence gathered through the 31 consultation responses we received and at subsequent discussion events. Our findings and proposals have been reported to Scottish Government and will contribute to their review of planning obligations.

Should you have any queries or comments, please get in touch at policy@lawscot.org.uk