Implementing legislation

For statutory provisions relating to earlier Memoranda and Reports, see Annual Report 1994/95 (SLC No 153) at pages 39 - 50.

Reports marked * were produced jointly with the Law Commission for England and Wales.

Published	Report title and number	Implementing legislation
December 2024	Report on Damages for Personal Injury (266)	None
March 2023	*Joint Report on Surrogacy (262)	None (but see the UK Government's interim response).
November 2022	An Improved Scheme for Financial Provision on Cohabitation Breakdown (261)	None (but see the Scottish Government's initial response and the Scottish Government's letter of 5 September 2023 and the response from the Chair of the Commission).
October 2022	Report on Aspects of Leases: Termination (260)	See the Scottish Government's letter of 5 September 2023 and the response from the Chair of the Commission. The Leases (Automatic Continuation etc.) (Scotland) Bill was introduced in the Scottish Parliament on 11 December 2024.
January 2022	Joint Report on Automated Vehicles (258)	See the UK Government’s letter of July 2023 and the response from the Chair of the Commission. The Automated Vehicles Bill was introduced to the UK Parliament, the Scottish Parliament agreed a Legislative Consent Motion in respect of the Bill and on 20 May 2024 the Automated Vehicles Act 2024 received Royal Assent.
March 2020	*Electoral Law - A joint final report (256)	None, but see the UK Government’s letter of July 2023 and the response from the Chair of the Commission.
April 2019	Report on Section 53 of the Title Conditions (Scotland) Act 2003 (254)	None
March 2018	Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses (252)	None (but see the Scottish Government's initial response and also the Scottish Government's letter of 5 September 2023 and the response from the Chair of the Commission. The Scottish Government's letter of 8 July 2024 and the response from the Chair of the Commission).
December 2017	Report on Moveable Transactions (249): Volume 1; Volume 2; Volume 3	See the Scottish Government's initial response and the responses to the call from the Economy, Energy and Fair Work Committee for views on Moveable Transactions. The Moveable Transactions (Scotland) Act 2023 (asp 3) received Royal Assent on 13 June 2023.
December 2017	Report on Defamation (248)	See the Scottish Government's initial response and the Defamation and Malicious Publication (Scotland) Act 2021 (asp 10) which received Royal Assent on 21 April 2021.
July 2017	Report on Prescription (247)	See the Scottish Government's initial response and the Prescription (Scotland) Act 2018 (asp 15) which received Royal Assent on 18 December 2018.
July 2016	Review of Contract Law: Report on Third Party Rights (245)	Contract (Third Party Rights) (Scotland) Act 2017 (asp 5) received Royal Assent on 30 October 2017 (and see the Scottish Government's response).
June 2015	*Statute Law Repeals: Twentieth Report: Draft Statute Law (Repeals) Bill (243)	None
October 2014	Report on Adults with Incapacity (240)	None (but see the Scottish Government's initial response, consultation in December 2015 and the Scottish Government's proposals in January 2018.)
August 2014	Report on Trust Law (239)	See the Scottish Government's initial response and additional response, and letter from the Minister for Community Safety dated 27 October 2021. The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024.
July 2014	*Report on Insurance Contract Law: Business Disclosure; Warranties; Insurers' Remedies for Fraudulent Claims; and Late Payment (238)	Insurance Act 2015 (c 4) (all recommendations except those on damages for late payment). For the latter, see Enterprise Act 2016 (c.12), Part 5.
April 2014	Joint Report on Regulation of Healthcare Professionals (237)	None (but see the Government consultation in November 2017 here and the Government response). See also the UK Government’s letter of July 2023 and the response from the Chair of the Commission.
December 2013	*Report on the consolidation of legislation relating to Co-operative and Community Benefit Societies (235)	Co-operative and Community Benefit Societies Act 2014 (c.14)
September 2013	*Level Crossings (234)	None (but see the UK Government's responses, in 2014 and in 2018).
August 2013	Report on Judicial Factors (233)	None (but see the Scottish Government's initial response). An additional response dated 6 December 2023 and the reply from the Chair of the Commission. The Judicial Factors (Scotland) Bill was introduced on 5 December 2023.
May 2013	Report on the Consolidation of Bankruptcy Legislation in Scotland (232)	Bankruptcy and Debt Advice (Scotland) Act 2014 The Bankruptcy (Scotland) Act 2016 received Royal Assent on 28 April 2016.
April 2013	Review of Contract Law - Report on Formation of Contract: Execution in Counterpart (231)	Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (asp 4) received Royal Assent on 1 April 2015 (and see the Scottish Government's initial response)
May 2012	Similar Fact Evidence and the Moorov Doctrine (229)	None (but see the Scottish Government's initial response)
May 2012	Prescription and Title to Moveable Property (228)	None (but see the Scottish Government's initial response)
March 2012	*Statute Law Repeals: Nineteenth Report: Draft Statute Law (Repeals) Bill (227)	Statute Law (Repeals) Act 2013
March 2012	*Consumer Redress for Misleading and Aggressive Practices (226)	The Consumer Protection (Amendment) Regulations 2014.
December 2011	Criminal Liability of Partnerships (224)	Partnerships (Prosecution) (Scotland) Act 2013 (c 21)
February 2010	Land Registration, vol 1 and vol 2 (222)	See the Scottish Government's initial response and the Land Registration etc (Scotland) Act 2012 (asp 5)
December 2009	*Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation (219)	Consumer Insurance (Disclosure and Representations) Act 2012(c 6)
December 2009	Double Jeopardy (218)	Double Jeopardy (Scotland) Act 2011 (asp 16)
November 2009	Unincorporated Associations (217)	None (but see the Government's response (published July 2012) to the consultation on reforming the law on Scottish unincorporated associations
November 2009	*Consumer Remedies for Faulty Goods (216)	See the Scottish Government's initial response and the Consumer Rights Act 2015)
April 2009	Succession (215)	Partially implemented by the Succession (Scotland) Act 2016 (and see also the Scottish Government's initial response) See here for the Scottish Government's second consultation in 2015; and their Analysis of Responses, and their Response to the consultation See letter from the Minister for Community Safety dated 11 May 2020 The Trusts and Succession (Scotland) Bill was introduced on 22 November 2022, which will implement one of the recommendations of the 2009 Report
September 2008	Damages for Wrongful Death (213)	Damages (Scotland) Act 2011 (asp 7), but see also the Scottish Government's consultation paper on Civil Law of Damages: Issues in Personal Injury issued on 19 December 2012.
July 2008	Crown Appeals (212)	Partially implemented by sections 73-76 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
January 2008	*Statute Law Repeals: Eighteenth Report: Draft Statute Law (Repeals) Bill (210)	Statute Law (Repeals) Act 2008 (c 12)
December 2007	Rape and Other Sexual Offences (209)	Sexual Offences (Scotland) Act 2009 (asp 9)
December 2007	Sharp v Thomson (208)	None
December 2007	Personal Injury Actions: Limitation and Prescribed Claims (207)	None, but see the Scottish Government's consultation paper on Civil Law of Damages: Issues in Personal Injury issued on 19 December 2012. See also the Scottish Government consultation paper on Removal of the 3 Year Limitation Period from Civil Actions for Damages for Personal Injury for in Care Survivors of Historical Child Abuse issued on 25 June 2015 and the Limitation (Childhood Abuse) (Scotland) Act 2017.
March 2007	Variation and Termination of Trusts (206)	None (but recommendations in this area were incorporated into the Report on Trust Law (SLC No 239; 2014))
December 2006	Conversion of Long Leases (204)	Parliamentary Costs Act 2006 (c 37)
September 2006	Interest on Debt and Damages (203)	The Scottish Government does not intend to implement the recommendations on interest on debt; but will consider further the recommendations on interest on damages when considering the reform of damages generally: see the letter from the Scottish Government dated 15 June 2012
June 2006	*Parliamentary Costs Bill: Report on the Consolidation of Legislation relating to Parliamentary Costs (202)	Parliamentary Costs Act 2006 (c 37)
February 2005	*Unfair Terms in Contracts (199)	See subsequent Advice to the Department for Business, Innovations and Skill and the Consumer Rights Act 2015.
September 2004	Registration of Rights in Security by Companies (197)	Provisions based on Part 1 of the draft Bill (floating charges) appended to this Report are in the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
August 2004	Damages for Psychiatric Injury (196)	None, but see the Scottish Government's consultation paper on Civil Law of Damages: Issues in Personal Injury issued on 19 December 2012.
July 2004	Insanity and Diminished Responsibility (195)	Partially implemented by Part 7 (sections 168-171) and Schedule 7 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
December 2003	*Statute Law Revision: Seventeenth Report: Draft Statute Law (Repeals) Bill (193)	Statute Law (Repeals) Act 2004 (c 14)
November 2003	Partnership Law (192)	See the Legislative Reform (Limited Partnerships) Order 2009. DTI has indicated that it does not intend to take forward the recommendations on general partnerships.
June 2003	Irritancy in Leases of Land (191)	None
March 2003	Law of the Foreshore and Sea Bed (190)	None
October 2002	Consolidation of certain Enactments relating to Salmon and Freshwater Fisheries in Scotland (188)	Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)
August 2002	Title to Sue for Non-Patrimonial Loss (187)	Family Law (Scotland) Act 2006: Section 35; Schedule 2, para 2; Schedule 3 (repeal of para 42 of Schedule 28 to Civil Partnership Act 2004)
January 2002	Age of Criminal Responsibility (185)	Partially implemented by section 52 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
July 2001	*Third Parties - Rights against Insurers (184)	Third Parties (Rights Against Insurers) Act 2010 (c 10) Insurance Act 2015 (c 4)
May 2001	Diligence (183)	Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
October 2000	Real Burdens (181)	Title Conditions (Scotland) Act 2003 (asp 9)
October 2000	*Damages under the Human Rights Act 1998 (180)	No legislation required
May 2000	Jurisdictions under the Agricultural Holdings (Scotland) Acts (178)	Part 7 of the Agricultural Holdings (Scotland) Act 2003
April 2000	Poinding and Warrant Sale (177)	Debt Arrangement and Attachment (Scotland) Act 2002
March 2000	*Powers of Criminal Courts (Sentencing) Bill (175)	Scottish recommendations implemented by sections 159 and 167 of the Powers of Criminal Courts (Sentencing) Act 2000
December 1999	Remedies for Breach of Contract (174)	None
September 1999	*Company Directors: Regulating Conflicts of Interest and Formulating a Statement of Duties (173)	Main recommendations contained in the Companies Act 2006 (c 46)
July 1999	*Trustees' Powers and Duties (172)	Scottish recommendations implemented by Part 3 of the Charities and Trustee Investment (Scotland) Act 2005
May 1999	Penalty Clauses (171)	None (but see the Scottish Government's consultation on the Penalty Clauses (Scotland) Bill, July 2010)
February 1999	Unjustified Enrichment, Error of Law and Public Authority Receipts and Disbursements (169)	None. Nearly all the recommendations were no change. The effect of the Commission's work had manifested itself earlier in the error of law/interest swop cases in Scotland and England
February 1999	Abolition of the Feudal System (168)	Abolition of Feudal Tenure etc. (Scotland) Act 2000
May 1998	Statute Law Revision: Sixteenth Report: Draft Statute Law (Repeals) Bill (166)	Statute Law (Repeals) Act 1998
March 1998	Leasehold Casualties (165)	Leasehold Casualties (Scotland) Act 2001
March 1998	Diligence on the Dependence and Admiralty Arrestments (164)	See Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
March 1998	Boundary Walls (163)	No legislation required
March 1998	Law of the Tenement (162)	Leasehold Casualties (Scotland) Act 2001
February 1997	Vulnerable Adults (158)	Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) See also the Adult Support and Protection (Scotland) Act 2007 (asp 10)
October 1997	Interpretation in Private Law (160)	None

November 1996	Town and Country Planning (Scotland) Bill; Planning (Listed Buildings and Conservation Areas) (Scotland) Bill; Planning (Hazardous Substances)(Scotland) Bill; Planning (Consequential Provisions)(Scotland) Bill: Report on the Consolidation of Certain Enactments relating to Town and Country Planning in Scotland (157)	Consolidation statutes: Town and Country 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
July 1996	*Statute Law Revision: Report on the Chronological Table of Local Legislation	No legislation required
July 1996	Multi-Party Actions (154)	To be implemented by Act of Sederunt
January 1996	Three Bad Rules in Contract Law (152)	Contract (Scotland) Act 1997
September 1995	Incapable Adults (151)	Adults with Incapacity (Scotland) Act 2000
March 1995	*Statute Law Revision: Fifteenth Report : Draft Statute Law (Repeals) Bill (150)	Statute Law Repeals Act 1995
February 1995	Evidence: Report on Hearsay Evidence in Criminal Proceedings (149)	Criminal Justice (Scotland) Act 1995
September 1994	Confiscation and Forfeiture (2 Vols) (147)	Criminal Justice (Scotland) Act 1995
July 1993	Sale of Goods Forming Part of a Bulk (145)	Sale of Goods (Amendment) Act 1995
July 1993	Formation of Contract: Scottish Law and the United Nations Convention on Contracts for the International Sale of Goods (144)	None
June 1993	*Health Service Commissioners Bill: Report on the Consolidation of the Legislation relating to the Health Service Commissioners (143)	Health Service Commissioners Act 1993 [consolidating statute]
May 1993	*Pension Schemes Bill : Report on the Consolidation of the Legislation relating to Pension Schemes (142)	Pension Schemes Act 1993 [consolidating statute]
May 1993	Crofters (Scotland) Bill : Report on the Consolidation of Certain Enactments relating to Crofting (141)	Crofters (Scotland) Act 1993 [consolidating statute]
April 1993	*Statute Law Revision: Fourteenth Report : Draft Statute Law (Repeals) Bill (140)	Statute Law (Repeals) Act 1993
November 1992	*Clean Air Bill : Report on the Consolidation of Certain Enactments relating to Clean Air (138)	Clean Air Act 1993 [consolidating statute]
November 1992	Evidence: Protection of Family Mediation (136)	Civil Evidence (Family Mediation) (Scotland) Act 1995
October 1992	Evidence: Report on Documentary Evidence and Proof of Undisputed Facts in Criminal Proceedings (137)	Recommendations 1-19 implemented by section 29 of and Schedule 3 to the Prisoners and Criminal Proceedings Act 1993 Recommendations 25-35 implemented by section 16 of the Criminal Justice (Scotland) Act 1995
May 1992	Family Law (135)	Children (Scotland) Act 1995: Recommendations 1-4, 6-10 and 12-41 implemented by Part 1 Nearly all the other recommendations implemented by the Family Law (Scotland) Act 2006
March 1992	The Effect of Death on Damages (134)	Damages (Scotland) Act 1993
January 1992	Statutory Fees for Arrestees (133)	None

November 1991	*Social Security Contributions and Benefits Bill, Social Security Administration Bill, Social Security (Consequential Provisions) Bill : Report on the Consolidation of the Legislation relating to Social Security (132)	Consolidating statutes: Social Security Contributions and Benefits Act 1992 Social Security Administration Act 1992 Social Security (Consequential Provisions) Act 1992
March 1991	*Rights of Suit in Respect of Carriage of Goods by Sea (130)	Carriage of Goods by Sea Act 1992
December 1990	*Private International Law - Choice of Law in Tort and Delict (129)	Private International Law (Miscellaneous Provisions) Act 1995
October 1990	Passing of Risk in Contracts for the	None
February 1990	Evidence of Children and Other Potentially Vulnerable Witnesses (125)	Law Reform (Miscellaneous Provisions) (Scotland) Act 1990: Sections 56-59 implemented recommendations 12-14 and 15 (in part) Prisoners and Criminal Proceedings (Scotland) Act 1993: Sections 33 to 35 implemented recommendations 10 and 11 Vulnerable Witnesses (Scotland) Act 2004: Sections 1,4,20 and 21 implemented recommendations 9 and 23
January 1990	Succession (124)	Recommendation 17 implemented in part by the Family Law (Scotland) Act 2006, section 19 (Revived as a medium term project in the Seventh Programme)