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Last updated:
3 February 2026
SPBill76AS062026
Offers 4 What constitutes an offer (1) For a proposal to constitute an “offer” in relation to the formation of a contract— (a) the offeree must have reasonable grounds to suppose that the proposer intends the 25 proposal to result in a contract if accepted, and (b) the proposal must be one which, after taking any relevant enactment or rule of law into account, could be given legal effect as a contract if accepted. (2) Any such offer may be addressed— (a) to a specific person, 30 (b) to persons of a particular description, (c) to persons in general, or (d) to the public at large. (3) Subsections (1) and (2) are without prejudice to the application of any relevant enactment, or rule of law, in relation to the constitution of a unilateral promise. 3 Contract (Formation and Remedies) (Scotland) Bill Part 1—Formation of Contract 5 Revocation of offer (1) An offer in relation to the formation of a contract may be revoked by the offeror but only if the revocation takes effect before— (a) the offeree accepts the offer, 5 (b) from the statements or conduct of the offeree it may be determined that, as mentioned in section 2(4), agreement has been reached, or (c) the offeree begins performance such as is referred to in section 3(2). (2) Subsection (1) is subject to subsections (3) and (4). (3) Where such an offer is addressed to persons in general, persons of a particular description 10 or the public at large— 1 (a) revocation is, in a case— (i) other than is mentioned in sub-paragraph (ii), to be effected by the same means as were used to make the offer, and (ii) where the means of effecting revocation is specified in the offer, to be 15 effected by the means so specified, and (b) subsection (1) is to be construed, in determining whether revocation affects a particular person, as if for references in the subsection to the offeree there were substituted references to that person. (4) Revocation under subsection (1) is ineffective if— 20 (a) it is manifest from the terms of the offer in question that it is intended to be irrevocable, or (b) the offeror has, in a declaration which has taken effect, stated that it is irrevocable. 6 Lapsing of offer on fundamental change of circumstances (1) An offer in relation to the formation of a contract lapses on a fundamental change of 25 circumstances and having lapsed can no longer be accepted. (2) Without prejudice to the generality of subsection (1), there is a fundamental change of circumstances if, after the offer is made but before a contract is formed, the offeror or offeree— (a) dies, or 30 (b) becomes incapable of making any decision as to whether to form the contract. (3) But an offer such as is mentioned in subsection (1) does not lapse where, after it is made but before a contract is formed, the offeror or offeree becomes insolvent. (4) For the purposes of subsection (3)— (a) an offeror or offeree who is an individual, or the estate of which may be 35 sequestrated by virtue of section 6 of the Bankruptcy (Scotland) Act 2016, becomes insolvent when— (i) that person’s estate is sequestrated, (ii) that person grants a trust deed for creditors or makes a composition or arrangement with creditors, 40 (iii) a voluntary arrangement proposed by that person is approved, 4 Contract (Formation and Remedies) (Scotland) Bill Part 1—Formation of Contract (iv) that person’s application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, or (v) that person becomes subject to any other order or arrangement analogous to those mentioned in sub-paragraphs (i) to (iv) anywhere in the world, and 5 (b) an offeror or offeree other than is mentioned in paragraph (a) becomes insolvent when— (i) a decision approving a voluntary arrangement entered into by that person has effect under section 4A of the Insolvency Act 1986 (“the 1986 Act”), (ii) that person is wound up under Part 4 or 5 of the 1986 Act or under section 10 367 of the Financial Services and Markets Act 2000, 1 (iii) a receiver is appointed, under section 51(1) or (2) of the 1986 Act, over all or part of the property of that person, (iv) that person enters administration (“enters administration” being construed in accordance with paragraph 1(2) of schedule B1 of the 1986 Act), or 15 (v) that person becomes subject to any other order or arrangement analogous to those mentioned in sub-paragraphs (i) to (iv) anywhere in the world. (5) Subsections (1) to (4) are without prejudice to the application of any relevant enactment, or rule of law, in relation to the transaction with regard to which the offer is made. (6) The Scottish Ministers may, by regulations subject to the affirmative procedure— 20 (a) amend subsection (4)(a) or (b), (b) specify further circumstances in which a person becomes insolvent for the purposes of subsection (3). (7) In subsection (2)(b), “incapable” has the meaning given to that expression by section 1(6) of the Adults with Incapacity (Scotland) Act 2000. 25 7 Acceptance of offer (1) In this Part, any reference to acceptance of an offer is to— (a) a statement (in whatever form), or (b) conduct (of whatever kind), of the offeree which shows the unqualified assent of the offeree to the offer. 30 (2) But any such conduct as is mentioned in subsection (1)(b) must be conduct of which the offeror is, or ought to be, aware. (3) Silence or inactivity is not in itself to be taken to show such assent. (4) This section is without prejudice to section 2(2) and (3). 8 Qualified acceptance of offer 35 (1) Subsection (2) applies where, as regards an offer (in this section referred to as “the original offer”) in relation to the formation of a contract, a qualified acceptance by the offeree provides for any or all of the following— (a) terms additional to those of the original offer, (b) terms different from those of the original offer, 5 Contract (Formation and Remedies) (Scotland) Bill Part 1—Formation of Contract (c) the omission of terms of the original offer. (2) The qualified acceptance (however expressed) is taken to be both— (a) a rejection of the original offer, and (b) a counter-offer. 5 (3) Subsection (2) is without prejudice to section 2(2). 9 Rejection of offer On the rejection of an offer (whether or not an irrevocable offer) in relation to the formation of a contract, the offer lapses.
Last updated:
27 January 2026
CPGAW AnnualReturnForm for AGM 170925
I’ve also lodged Parliamentary Questions on species-specific licences issued by NatureScot to Forestry and Land Scotland — focusing on what species are covered, the licence purposes, and whether third parties are involved, raising questions about oversight and accountability. In addition, I’ve asked what compliance monitoring NatureScot carried out during t...
Last updated:
14 November 2025
CPG Brain Tumours 4 Sep 2025 Minutes in Template 0409
The term “rare cancer” is a bit of a misnomer, as less common cancers account for 47% of all UK cancer diagnoses. • The Rare Cancers Bill specifically seeks to address the current imbalance in resources and attention.
Last updated:
30 October 2025
Procurement Reform Scotland Government Update
We will work with Heads of Procurement across Scotland to ensure that we continue to track and report spend with Supported Businesses in organisations’ annual procurement reports. 93: The Scottish Government is asked to consider what more should be done to ensure reducing inequalities is taken account of in procurement processes. This should include the str...
Last updated:
29 September 2025
27 Oct Meeting papers
Amendments that were fully considered at Stage 2 may still be selected if: the wording of the amendment has been revised to take into account criticism made at Stage 2; the member in charge gave an undertaking to reconsider the issue at Stage 3; the response of the member in charge at Stage 2 left genuine doubt as to the attitude of the member in charge to ...
Last updated:
27 March 2025
Schools Residential Outdoor Education Scotland Bill Stage 1 Scottish Government response to Stage
In exercising our responsibility and demonstrating accountability for the appropriate and diligent management of the Scottish budget, Scottish Ministers can and will only lodge a Financial Resolution if and when affordability of the provisions – and other practical Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of ...
Last updated:
21 January 2025
Civil Nuclear Industry CPG Waste Minutes 171224
On the back of this meeting, I’ll be looking to draft a letter to send to Gillian Martin MSP [Interim Cabinet Secretary] highlighting the importance of taking account of this groups views but also the wider public around the HAW policy consultation.
Last updated:
5 December 2024
Scottish Government Response to Criminal Justice Committee Prebudget Scrutiny Report 4 December 2024
Implementation of legislation also takes account of affordability and sustainability, and the realities of the current financial context, recognising the range of priorities which we are delivering across the portfolio.
Last updated:
15 October 2024
Civil nuclear industry CPGSeptember2024 Skills Minutesfinal
. - Asks MSPs to help - his union will stand up and hold them to account if they don’t support. - Oliver Mundell MSP thanks him for his time and contribution, as well as all speakers, as this is why we set up the CPG and he’s aware we need to focus on this important subject and the key points highlighted.
Last updated:
4 October 2024
Cross Party Group on Rural Policy June 2024 Meeting Note Approved
He noted that policy decisions often don’t take rural into account adequately. o Steven went on to raise the issue of local tax and how we capture the local value of renewable energy developments underway in rural areas.
