Scottish Law Commission
Encyclopedia
The Scottish Law Commission is Scottish advisory public body
established by Parliament of the United Kingdom
in 1965 to keep the law of Scotland
under review and recommend necessary reforms to improve, simplify and update Scots law
. It plays a leading role in developing the law for the people of Scotland so that it is just, principled, responsive and easy to understand. It was established by the Law Commissions Act 1965
(as amended) at the same time as the Law Commission
in England and Wales
. Appointments are ordinarily made in accordance with the Commissioner for Public Appointments in Scotland
's Code of Practice.
and reserved matters
, as defined by the Scotland Act 1998
and as such has duty for laws that are the responsibility of the Parliament of the United Kingdom
, as well as those that are the responsibility of the Scottish Parliament
.
. The other Commissioners are drawn from those holding judicial office, advocate
s, solicitor
s or university law teachers. Commissioners are appointed for a maximum term of 5 years with the possibility of re-appointment. The current commissioners, as of 1 Oct 2009, are:
The Commissioners are supported by the Chief Executive of the Commission, Mr Malcolm McMillan, and by both legal and non-legal staff. All permanent staff are seconded from the Scottish Government.
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
established by Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
in 1965 to keep the law of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
under review and recommend necessary reforms to improve, simplify and update Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. It plays a leading role in developing the law for the people of Scotland so that it is just, principled, responsive and easy to understand. It was established by the Law Commissions Act 1965
Law Commissions Act 1965
The Law Commissions Act 1965 was an Act which created the Law Commission of England and Wales and the Scottish Law Commission, tasked with reviewing English and Scots law respectively.-Background:...
(as amended) at the same time as the Law Commission
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. Appointments are ordinarily made in accordance with the Commissioner for Public Appointments in Scotland
Office of the Commissioner for Public Appointments in Scotland
The Office of the Commissioner for Public Appointments in Scotland regulates and monitors the way in which ministerial appointments are made to the boards of public bodies in Scotland...
's Code of Practice.
Functions
The Commission exists to keep Scots law under review and recommend reform as needed. The Commission's scope encompasses devolvedDevolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
and reserved matters
Reserved matters
In the United Kingdom reserved matters and excepted matters are the areas of government policy where Parliament had kept the power to make laws in Scotland, Northern Ireland and Wales....
, as defined by the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
and as such has duty for laws that are the responsibility of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, as well as those that are the responsibility of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
.
Composition
The Commission consists of 5 Commissioners appointed by the Scottish Ministers. One of the Commissioners is the Chairman who by convention is a Senator of the College of JusticeSenator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
. The other Commissioners are drawn from those holding judicial office, advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
s, solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s or university law teachers. Commissioners are appointed for a maximum term of 5 years with the possibility of re-appointment. The current commissioners, as of 1 Oct 2009, are:
- The Hon. Lord Drummond YoungJames Drummond Young, Lord Drummond YoungJames Edward Drummond Young, Lord Drummond Young QC is a judge of the Supreme Courts of Scotland and Chairman of the Scottish Law Commission.-Early life:...
(Chairman) - Ms Laura Dunlop QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(as of 16 November 2009) - Professor George GrettonGeorge GrettonGeorge Lidderdale Gretton WS is a Scottish lawyer and academic and, as of May 2006, a Commissioner of the Scottish Law Commission. He is married with three children....
WSWriters to the SignetThe Society of Writers to Her Majesty’s Signet is a private society of Scottish solicitors, dating back to 1594 and part of the College of Justice. Writers to the Signet originally had special privileges in relation to the drawing up of documents which required to be signeted, but these have since... - Mr Patrick Layden QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
TD - Professor Hector MacQueenHector MacQueenProfessor Hector L. MacQueen, FBA, FRSE, is a Scottish academic, a senior scholar of Scots law and legal history. He is Professor of Private Law at the University of Edinburgh and a former Dean of its Faculty of Law...
The Commissioners are supported by the Chief Executive of the Commission, Mr Malcolm McMillan, and by both legal and non-legal staff. All permanent staff are seconded from the Scottish Government.