The Scottish Law Commission has published a Discussion Paper on tenement law entitled, 'Tenement law: compulsory owners’ associations today.' The Discussion Paper sets out our provisional proposals for the introduction of owners’ associations and is looking for views on these proposals from stakeholders. The consultation is open until 1 August 2024.

The Scottish Law Commission has published a discussion paper on leases under the Tenancy of Shops (Scotland) Act 1949, which is being reviewed ahead of a report containing recommendations to the Scottish Government on the law in this area. The discussion paper looks at whether business tenants in the retail, hospitality and beauty sectors should continue to have their own rules on removal and renewal when their lease is about to end. The Law Commission invites responses from those with an interest in the content of the discussion paper before 31 July 2024.

The Scottish Law Commission (SLC) has published its report on the Tenancy of Shops (Scotland) Act 1949 (TOS(S)A 1949), which applies when certain commercial leases expire, specifically for premises used in retail, hospitality, beauty services, wholesale units, and warehouses (shop leases) and grants tenants a limited right to seek lease renewal. TOS(S)A 1949 has been criticised for being outdated and not reflecting changes in Scotland's commercial property market. Additionally, there is ambiguity about whether certain non-retail premises qualify as ‘shop leases’ under TOS(S)A 1949. After evaluating four potential options: retention, reform, replacement with a mandatory notice to quit scheme, or complete repeal, the SLC concluded that repealing TOS(S)A 1949 without reform or statutory replacement is the most viable option, as it no longer serves its purpose and occasionally distorts lease negotiations in favour of large businesses. The SLC contends that future issues can be addressed through bespoke legislation that would cover leases to all businesses.

The Scottish Law Commission has published its Report on Damages for Personal injury, accompanied by a draft Damages (Scotland) Bill. The report proposes several reforms to modernise and clarify the law on damages in Scotland. Key recommendations include updating the definition of ‘relative’ to reflect contemporary society, expanding the class of individuals entitled to claim damages for services rendered to an injured person, and resolving the pleural plaques time-bar issue. The reforms also aim to clarify matters relating to permanent health insurance schemes, confirm the right to opt for private medical treatment, and enhance court supervision for damages awarded to young children. These proposals seek to ensure greater fairness and consistency in personal injury compensation, aligning the law with modern societal needs.

The Scottish Law Society has welcomed new legislation to reform judicial factors as a step in the right direction but highlighted the need for further clarity, accessibility and efficiency. They have provided written evidence on the Judicial Factors (Scotland) Bill, including the areas related to the use of judicial factors in solicitor firms. Morna Grandison, The Director of Interventions at the Law Society commented 'Judicial factors have an important role to play in safeguarding money and other property in a variety of circumstances. Modernisation is clearly needed, with most of the current legislation being well over 100 years old.'

The Cabinet Secretary for Transport, Net Zero and Just Transition, Màiri McAllan, has delivered a speech at the Scotland Beyond Net Zero launch. McAllan expressed support for the work and research conducted under this initiative and emphasised the Scottish Government’s commitment to tackling climate change.

The Scottish Parliament’s Delegated Powers and Law Reform Committee is seeking views on the Judicial Factors (Scotland) Bill. This legislation aims to modernise the law on judicial factors and clarify how it works. Views can be submitted until 15 March 2024.

The Scottish Parliament’s Net Zero, Energy & Transport Committee has launched a call for views on the Land Reform (Scotland) Bill. The Bill was introduced by the Scottish Government on 13 March 2024, and covers land reform, lease for environmental purposes, small landholdings and agricultural tenancies. The call for views closes on 21 May 2024.

The Scottish Parliament has launched a consultation on the Scottish Government’s Housing (Scotland) Bill. The Local Government, Housing and Planning Committee and Social Justice and Social Security Committee are jointly seeking views on rent control mechanisms, tenant rights to pet ownership and property modifications, eviction procedures and homelessness prevention. The consultation closes on 17 May 2024.

The Scottish Government has announced that the Scottish Parliament has passed the Climate Change (Emissions Reduction Targets) (Scotland) Bill, which amends the Climate Change (Scotland) Act 2009. The legislation introduces a limit on the amount of greenhouse gases emitted over a five-year period and enables carbon budgets to be established through secondary legislation, based on expert advice from the Climate Change Committee. The Bill also amends the deadline for finalising the next Climate Change Plan for Scotland to align with the process of setting the new carbon budgets.

The Scottish Parliament has passed the Contract (Formation and Remedies) (Scotland) Bill following a final Stage 3 vote. The Bill builds on recommendations from the Scottish Law Commission’s 2018 Report on Review of Contract Law and modernises aspects of Scotland’s contract law, through targeted reforms clarifying rules on contract formation and remedies for breach. The legislation sets out rules on when contracts come into force, including in situations where parties are still negotiating terms. It also introduces provisions enabling parties to recover performance where a contract fails due to a serious breach by one party and clarifies rights to withhold payment, goods or services where the other party has not fulfilled its obligations. Implementation work will commence following Royal Assent.

The Scottish Parliament has passed the Agriculture and Rural Communities (Scotland) Bill, which aims to transform how the Scottish Government provides support for food and farming production.