Law Society supports proposed Third Party Rights Bill

Michael Clancy, director of law reform at the Law Society, said: “We fully support the intention of the Third Party Rights Bill and believe that the legislation will provide clarity and certainty. It is a significant improvement and development on the current common law.

“We have made some small suggestions to improve the clarity of the bill and ensure the scope of the bill fully achieves the policy intent.”

The draft bill seeks to put the common law position on statutory footing and will give third parties to a contract the statutory right to create an enforceable right. Under the current common Scots law, the parties to a contract can create an enforceable right in favour of a third party, known as jus quaesitum tertio.

The Law Society also published its priorities for the next Scottish Parliament earlier this week, and highlighted law reform and quality of legislation as one of five key policy areas it believes MSPs should act on following the Scottish elections.

Mr Clancy added: “The Scottish Law Commission an important role in keeping Scots law up to date, usable and modern. We welcomed the expanded brief of the Scottish Parliament’s Delegated Powers and Law Reform Committee to consider Scottish Law Commission bills in the current parliamentary term. It is important that the Parliament increases the pace of implementing Scottish Law Commission bills.

“We have urged political parties to give consideration to committing to the implementation of at least two Scottish Law Commission bills in each session.”

Read the Law Society’s full consultation response.