28.05.2014
A call for views has today (28 May) been issued on the Legal Writings (Counterparts and Delivery) (Scotland) Bill by the Delegated Powers and Law Reform Committee.
The Committee will be scrutinising the Bill over the coming months. The Bill:
- Clarifies that a document which is to be signed by two or more parties can be “executed in counterpart”, i.e. that each party can sign its own copy of the document which will then be delivered to the other party (or their nominee);
- Permits the delivery of paper legal documents by electronic means, meaning that the document will take legal effect upon delivery.
The Bill is the first Scottish Law Commission Bill to be referred to the Committee since the Committee’s remit was changed in June 2013. This new process was put in place to improve the implementation rate of Scottish Law Commission reports.
Convener of the Delegated Powers and Law Reform Committee Nigel Don MSP said:
“At the time I welcomed the change in our remit to enable this Committee to consider Scottish Law Commission Bills and I am pleased to see the introduction of the first Bill under this new procedure.
“As a Committee we will test the impact of this legislation and consider whether the approach taken will be beneficial to the Scottish legal system.
“The Committee is seeking views generally, but particularly from the legal profession, as this legislation will have a direct impact on how they do business.”
In particular the Committee is asking for views on:
- What are the advantages and disadvantages of the approach taken in the Bill? Are there any provisions in the Bill which you considered should be?
- How will the Bill improve the process of the execution of legal documents in Scotland?
- Do you consider that the Bill will precipitate an increase in the use of Scots Law to govern transactions?
- What are the financial implications of the Bill?
- Are there any equality issues arising from the Bill?
- What is your view of the potential environmental impact of the Bill?
Background
To submit evidence please email [email protected] by 6pm on Monday 14 July.