Lady Paton

The report outlines progress on the commission’s law reform work during 2021. It explains the progress made on implementation of the commission’s recommendations, outlines the commission’s work to promote law reform and contains a forward look to publications planned for 2022.

The chair of the commission, Lady Paton said: “2021 proved to be a year of considerable achievement for the commission, despite the pandemic. Publications included two discussion papers, one on the mental element in homicide, and the other on heritable securities (default and post-default); a draft bill on aspects of leases – the Leases (Automatic Continuation etc.) (Scotland) Bill – was also issued for consultation. 

“Although heavily dependent upon electronic communication and virtual meetings, the commission maintained effective working relations with the Scottish ministers; MSPs and MPs; law commissions in other jurisdictions; universities and academic staff; professionals and support groups; and many others. 

“Looking forward, 2022 is the final year of our tenth programme of law reform. Some of our current projects are anticipated to continue into the Eleventh Programme: for example, homicide, heritable securities, aspects of family law, and compulsory owners’ associations for tenement owners (a recent welcome reference from the Scottish government). The commission intends to consult and invite suggestions for new projects in the Eleventh Programme.”

Last year was the fourth year of the commission’s tenth programme of law reform 2018-2022. The programme includes a wide range of work: on family law; on the law of homicide; on surrogacy; on automated vehicles; on securities over land; on the law of leases; and on damages for personal injury. Further details can be found in the report.