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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 4 December 2025
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Displaying 406 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

Absolutely.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

That is really interesting. Could there be a big problem with continuation?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

Thank you. Andrew, do you have anything to add?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

Good morning, everybody—my apologies for not being at the meeting in person today. The evidence has been very interesting so far.

What are your views on whether the new rules on contract law should apply only to contracts that are entered into after the bill comes into force? Is setting that out in the commencement regulations sufficient?

I will just move down the line, starting with Andrew Agapiou.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

Thank you.

What is your view on the Scottish Government’s proposal to amend the law of retention at stage 2? I will start with you this time, David, and then move back down the line.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

So, you are saying that, in that regard, amending the bill at this point would be the wrong way to go.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

Okay, thank you. Colin Borland and David Woods, do either of you want to comment on the possibility of the right to contract out of the new rules on the law of retention? Would that make sense?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

Thank you very much indeed, gentlemen. That was very interesting.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

Okay. That is very interesting.

Colin, what is your federation’s perspective on this?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Roz McCall

I will come back to that point, if I can. Maybe other witnesses would like to answer my next question. Should there be a right to contract out of the new rules on the law of retention? Would that solve the problem?