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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 16 December 2025
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Displaying 1184 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

Last week’s witnesses seemed, in general, to consider that guidance would not be needed. Some of the evidence that the witnesses have given today suggests that they might have a slightly different view.

What is your view on the need for guidance on how the legislation will work in practice? I come to Andrew Agapiou first.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

Does the panel have any comments on the rules and remedies for breach of contract in part 2 of the bill?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

Do you have anything further to add, David?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

Andrew Agapiou has already mentioned the formation of contracts electronically. What are the witnesses’ views on how the bill deals with contracts that are formed electronically?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

Colin Borland, do you have anything further?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

Picking up on that, I am aware that views have been expressed to the committee that it is not clear how the rules on electronic notification will apply when, for example, there is an out-of-office message, or if messaging services are not working. Have you given any thought to that, David?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

Colin Borland, is there a need for more in the bill?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

David Woods, do you have anything further to add, or are you broadly happy?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

What about a situation in which there is not an exchange of emails and, as was mentioned, an out-of-office message is received? Would it be helpful if there was further detail in the bill on that, or would there need to be evidence-led facts to support having such detail?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 25 November 2025

Katy Clark

You do not have a view on that. David, do you think that guidance would be helpful or is it not needed?