The Scottish Parliament’s Delegated Powers and Law Reform Committee has today, Friday 24 February 2017, launched a call for written evidence as part of its Stage 1 consideration of the Contract (Third Party Rights) (Scotland) Bill. This Bill was introduced into the Scottish Parliament, by the Scottish Government on Tuesday 31 January 2017.
This is a Scottish Law Commission Bill.
The Bill implements the legislative recommendations contained in the Scottish Law Commission’s Review of Contract: Report on Third Party Rights (SLC No 245; July 2016). The Report was published as part of the SLC‘s wider review of contract law.
Provision for third party rights is currently made in common law. Scots law currently allows parties to a contract to create an enforceable right in favour of a third party, known as a jus quaesitum tertio or JQT.
The Bill seeks to put the common law position on a statutory footing and give third parties to a contract, the statutory right to create an enforceable right.
The Bill seeks to provide a more modern approach to third party rights bringing Scotland into line with many other jurisdictions.
Organisations and individuals are invited to submit written evidence to the Committee setting out their views on the provisions of the Bill. Those submitting evidence should feel free to address any, or all, of the policy issues contained in the Bill. A copy of the Bill, and its accompanying documents, are available on the Scottish Parliament’s website at:
Committee’s Call for evidence
The Committee invites all interested parties to submit written evidence on the Bill, setting out your views on the provisions of the Bill. It would be helpful if written submissions could address the following questions:
1. What are the benefits of moving from a common law approach to a statutory footing?
2. What impact will this Bill have on third party rights?
3. Do you think the Bill will increase the use of Scots Law?
4. Do you have any concerns about the approach taken in the Bill?
5. What are the financial implications of the Bill?
How to submit your evidence
Submissions should be limited to no more than eight pages of A4. Responses should be sent, wherever possible, electronically and in MS Word format to the following email address: DPLR.Committee@parliament.scot
Responses can also be sent by post to:
Clerk to the Delegated Powers and Law Reform Committee
The closing date for receipt of submissions is 6pm on Friday 24 March.
For Committee information, contact:
Euan Donald: 0131 348 5212
Lynn Russell: 0131 348 5175
Daren Pratt: 0131 348 6282
For media information, contact:
Myer Cohen: 0131 348 6260
Before making a submission, please read our Policy on Treatment of Written Evidence by Subject and Mandatory Committees