Meeting of the Parliament 18 December 2025 [Draft]
Yes, we will be considering that, too.
I know that the committee is supportive of the amendments, but it has asked me to look at drafting suggestions. I am willing to do so, and my officials will discuss matters with stakeholders in the lead-up to stage 2.
The final point that I would like to make about the bill concerns transitional provisions. A number of witnesses were strongly of the view that the provisions, if agreed to by the Parliament, should apply to contracts that are entered into after the commencement date, not to contracts that have already been formed. As I told the committee when I gave evidence, I share that view at the moment.
The general practice is to provide for transitional and commencement matters in regulations, and section 25 of the bill provides for those powers. The specifics will be worked out as the final form of the bill becomes clearer, keeping in mind that any amendments might have a bearing on the most desirable approach to be taken here. Overall, having listened to the stage 1 evidence, I am pleased that there is broad consensus on the approach being taken in the bill, and I welcome the committee’s recommendation to agree to its general principles.
I thank the Scottish Law Commission for the considerable work that went into this reform project. In particular, I thank the lead commissioner, Professor Hector MacQueen, for the time and effort that he has given to both the SLC and the Scottish Government; and I thank Lorna Richardson, a lecturer in commercial law at the University of Edinburgh, for her work with us on the general scheme for reforming the law of retention, which we consulted on earlier this year. I also thank everyone who gave evidence to the committee, and the members and clerks of the Delegated Powers and Law Reform Committee for their work in scrutinising this bill.
Finally, I thank Lady Paton, the chair of the Scottish Law Commission, for all her hard work over the past seven years at the commission. Lady Paton has personally overseen work on damages for personal injury and homicide, while working with the Scottish Government to introduce five SLC bills, including this one, in this parliamentary session. Her tenure as chair of the commission has come to an end, and I wish her all the very best in moving forward.
I move,
That the Parliament agrees to the general principles of the Contract (Formation and Remedies) (Scotland) Bill.