Implementing legislation
What happens once the Commission publishes a report?
The Commission’s reports make recommendations relating to the area of law being considered in the particular report. These recommendations often include recommendations for legislation and can include a draft Bill. It is for the Scottish Government, or in some cases the UK Government, to consider and take forward the Commission’s recommendations and this can include bringing forward Bills to implement some or all of the recommendations for legislation in a particular report.
The table below sets out the legislation that has resulted from the Commission’s reports
| Report No. | Title | Status | Related Measures |
|---|---|---|---|
| 270 | Report on Tenement law: compulsory owners’ associations | Pending | |
| 269 | Report on the Mental Element in Homicide | Pending | |
| 267 | Report on Tenancy of Shops (Scotland) Act 1967 | Pending | |
| 266 | Report on Damages for Personal Injury | Pending | |
| 258 | Joint Report on Automated Vehicles | In process of implementation | Automated Vehicles Act 2004 |
| 252 | Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses | Implemented | Bill in Scottish Parliament |
| 249 | Report on Moveable Transactions | Implemented | Moveable Transactions (Scotland) Act 2023 |
| 248 | Report on Defamation | Implemented | Defamation and Malicious Publication (Scotland) Act 2021 |
| 247 | Report on Prescription | Implemented | Prescription (Scotland) Act 2018 |
| 245 | Review of Contract Law: Report on Third Party Rights | Implemented | Contract (Third Party Rights) (Scotland) Act 2017 |
| 243 | Statute Law Repeals: Twentieth Report: Draft Statute Law (Repeals) Bill | Pending | |
| 240 | Report on Adults with Incapacity | Pending | |
| 239 | Report on Trust Law | In process of implementation | Trusts and Succession (Scotland) Act 2024 |
| 238 | Report on Insurance Contract Law: Business Disclosure; Warranties; Insurers' Remedies for Fraudulent Claims; and Late Payment | Implemented | Insurance Act 2015 Enterprise Act 2016 |
| 237 | Joint Report on Regulation of Healthcare Professionals | Pending | |
| 235 | Report on the consolidation of legislation relating to Co-operative and Community Benefit Societies | Implemented | Co-operative and Community Benefit Societies Act 2014 |
| 234 | Level Crossings | Pending | |
| 233 | Report on Judicial Factors | In process of implementation | Land Registration etc. (Scotland) Act 2012 |
| 232 | Report on the Consolidation of Bankruptcy Legislation in Scotland | Pending | Bankruptcy and Debt Advice (Scotland) Act 2024 The Bankruptcy (Scotland) Act 2016 |
| 231 | Review of Contract Law - Report on Formation of Contract: Execution in Counterpart | Implemented | Legal Writings (Counterparts and Delivery) (Scotland) Act 2014 |
| 229 | Similar Fact Evidence and the Moorov Doctrine | Pending | |
| 228 | Prescription and Title to Moveable Property | Pending | |
| 227 | Statute Law Repeals: Nineteenth Report: Draft Statue Law (Repeals) Bill | Implemented | Statue Law (Repeals) Act 2013 |
| 226 | Consumer Redress for Misleading and Aggressive Practices | Implemented | The Consumer Protection (Amendment) Regulations 2014 |
| 224 | Criminal Liability of Partnerships | Implemented | Partnerships (Prosecution) (Scotland) Act 2013 |
| 222 | Land Registration | Pending | |
| 219 | Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation | Implemented | Consumer Insurance (Disclosure and Representations) Act 2012 |
| 218 | Double Jeopardy | Implemented | Double Jeopardy (Scotland) Act 2011 |
| 217 | Unincorporated Associations | Pending | |
| 216 | Consumer Remedies for Faulty Goods | Implemented | Consumer Rights Act 2015 |
| 215 | Succession | Partially implemented | Succession (Scotland) Act 2016 |
| 213 | Damages for Wrongful Death | Implemented | Damages (Scotland) Act 2011 |
| 212 | Crown Appeals | Partially implemented | Criminal Justice and Licensing (Scotland) Act 2010 |
| 210 | Statute Law Repeals: Eighteenth Report: Draft Statute Law (Repeals) Bill | Implemented | Statue Law (Repeals) Act 2008 |
| 209 | Rape and Other Sexual Offences | Implemented | Sexual Offences (Scotland) Act 2009 |
| 208 | Sharp v Thomson | Pending | |
| 207 | Personal Injury Actions: Limitation and Prescribed Claims | Pending
| Limitation (Childhood Abuse) (Scotland) Act 2017 |
| 206 | Variation and Termination of Trusts | Pending | |
| 204 | Conversion of Long Leases | Implemented | Long Leases (Scotland) Act 2012 |
| 203 | Interest on Debt and Damages | Pending | |
| 202 | Parliamentary Costs Bill: Report on the Consolidation of Legislation relating to Parliamentary Costs | Implemented | Parliamentary Costs Act 2006 |
| 199 | Unfair Terms in Contracts | Implemented | Consumer Rights Act 2015 |
| 197 | Registration of Rights in Security by Companies | Partially Implemented | Bankruptcy and Diligence etc. (Scotland) Act 2007 |
| 196 | Damages for Psychiatric Injury | Pending | |
| 195 | Insanity and Diminished Responsibility | Partially implemented | Criminal Justice and Licensing (Scotland) Act 2010 |
| 193 | Statute Law Revision: Seventeenth Report: Draft Statute Law (Repeals) Bill | Implemented | Statute Law (Repeals) Act 2004 |
| 192 | Partnership Law | Partially implemented | Legislative Reform (Limited Partnerships) Order 2009 |
| 191 | Irritancy in Leases in Land | Pending | |
| 190 | Law of the Foreshore and Sea Bed | Pending | |
| 188 | Consolidation of certain Enactments relating to Salmon and Freshwater Fisheries in Scotland | Implemented | Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 |
| 187 | Title to Sue for Non-Patrimonial Loss | Implemented | Family Law (Scotland) Act 2006 |
| 185 | Age of Criminal Responsibility | Partially implemented | Criminal Justice and Licensing (Scotland) Act 2010 |
| 184 | Third Parties - Rights against Insurers | Implemented | Third Parties (Rights Against Insurers) Act 2010 Insurance Act 2015 |
| 183 | Diligence | Implemented | Bankruptcy and Diligence etc. (Scotland) Act 2007 |
| 181 | Real Burdens | Implemented | Title Conditions (Scotland) Act 2003 |
| 180 | Damages under the Human Rights Act 1998 | No legislation required | |
| 178 | Jurisdictions under the Agricultural Holdings (Scotland) Acts | Implemented | Part 7 of the Agricultural Holdings (Scotland) Act 2003 |
| 177 | Poinding and Warrant Sale | Implemented | Debt Arrangement and Attachment (Scotland) Act 2002 |
| 175 | Powers of Criminal Courts (Sentencing) Bill | Scottish recommendations implemented by the Powers of Criminal Courts (Sentencing) Act 2000 | Powers of Criminal Courts (Sentencing) Act 2000 |
| 174 | Remedies for Breach of Contract | Pending | |
| 173 | Company Directors: Regulating Conflicts of Interest and Formulating a Statement of Duties | Implemented | Companies Act 2006 |
| 172 | Trustees' Powers and Duties | Implemented in Scotland | Charities and Trustee Investment (Scotland) Act 2005 |
| 171 | Penalty Clauses | Pending | |
| 169 | Unjustified Enrichment, Error of the Law and Public Authority Receipts and Disbursements | No legislation required | |
| 168 | Abolition of the Feudal System | Implemented | Abolition of Feudal Tenure etc. (Scotland) Act 2000 |
| 166 | Statute Law Revision: Sixteenth Report: Draft Statue Law (Repeals) Bill | Implemented | Statute Law (Repeals) Act 1998 |
| 165 | Leasehold Casualties | Implemented | Leasehold Casualties (Scotland) Act 2003 |
| 164 | Diligence on the Dependence and Admiralty Arrestments | Implemented | |
| 163 | Boundary Walls | No legislation required | |
| 162 | Law of the Tenement | Implemented | Leasehold Casualties (Scotland) Act 2001 |
| 158 | Vulnerable Adults | Implemented | Mental Health (Care and Treatment) (Scotland) Act 2003 Adult Support and Protection (Scotland) Act 2007 |
| 160 | Interpretation in Private Law | Pending | |
| 157 | Town and Country Planning in Scotland | Implemented | Town and County Planning (Scotland) Act 1997 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Planning (Hazardous Substances) (Scotland) Act 1997 Planning (Consequential Provisions (Scotland) Act 1997 |
| 155 | Statute Law Revision: Report on the Chronological Table of Local Legislation | No legislation required | |
| 154 | Multi-Party Actions | To be implemented by Act of Sederunt | |
| 152 | Three Bad Rules in Contract Law | Implemented | Contract (Scotland) Act 1997 |
| 151 | Incapable Adults | Implemented | Adults with Incapacity (Scotland) Act 2000 |
| 150 | Statute Law Revision: Fifteenth Report: Draft Statute Law (Repeals) Bill | Implemented | Statute Law Repeals Act 1995 |
| 149 | Evidence: Report on Hearsay Evidence in Criminal Proceedings | Implemented | Criminal Justice (Scotland) Act 1995 |
| 147 | Confiscation and Forfeiture | Implemented | Criminal Justice (Scotland) Act 1995 |
| 145 | Sale of Goods Forming Part of a Bulk | Implemented | Sale of Goods (Amendment) Act 1995 |
| 144 | Formation of Contract: Scottish Law and the United Nations Convention on Contracts for the International Sale of Goods | Pending | |
| 143 | Health Service Commissioners Bill: Report on the Consolidation of the Legislation relating to the Health Service Commissioners | Implemented | Health Service Commissioners Act 1993 |
| 142 | Pension Schemes Bill: Report on the Consolidation of the Legislation relating to Pension Schemes. | Implemented | Pension Schemes Act 1993 |
| 141 | Crofters (Scotland) Bill: Report on the Consolidation of Certain Enactments relating to Pension Schemes. | Implemented | Crofters (Scotland) Act 1993 |
| 140 | Statute Law Revision: Fourteenth Report: Draft Statute Law (Repeals) Bill | Implemented | Statute Law (Repeals) Act 1993 |
| 138 | Clean Air Bill: Report on the Consolidation of Certain Enactments relating to Clean Air | Implemented | Clean Air Act 1993 |
| 136 | Evidence: Protection of Family Mediation | Implemented | Civil Evidence (Family Mediation) (Scotland) Act 1995 |
| 137 | Evidence: Report on Documentary Evidence and Proof of Undisputed Facts in Criminal Proceedings | Implemented | Prisoners and Criminal Proceedings Act 1993 Criminal Justice (Scotland) Act 1995 |
| 135 | Family Law | Implemented | Children (Scotland) Act 1995 Family Law (Scotland) Act 1993 |
| 134 | The Effect of Death on Damages | Implemented | |
| 133 | Statutory Fees for Arrestees | Pending | |
| 132 | Report on the Consolidation of the Legislation relating to Social Security | Implemented | Social Security Contributions and Benefits Act 1992 Social Security Administration Act 1992 Social Security (Consequential Provisions) Act 1992 |
| 130 | Rights of Suit in Respect of Carriage of Goods by Sea | Pending | |
| 129 | Private International Law - Choice in Law in Tort and Delict | Implemented | Private International Law (Miscellaneous Provisions) Act 1995 |
| 127 | Passing of Risk in Contracts for the Sale of Heritable Property | Pending | |
| 125 | Evidence of Children and Other Potentially Vulnerable Witnesses | Implemented | Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Prisoners and Criminal Proceedings (Scotland) Act 1993 Vulnerable Witnesses (Scotland) Act 2004 |
| 124 | Succession | Partially Implemented | Family Law (Scotland) Act 2006 |
Law reform
Information about our law reform programmes and current and completed law reform projects.