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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 1 February 2026
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Displaying 1055 contributions

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Delegated Powers and Law Reform Committee [Draft[

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

Meeting date: 2 December 2025

Bill Kidd

In response to the committee’s call for views, the Law Society of Scotland argued that the proposals on retention risk creating uncertainty for sophisticated financial contracts. It is about sophisticated financial contracts and how the proposals on retention could risk creating uncertainty. That is the Law Society’s point of view. What is your view, please?

Delegated Powers and Law Reform Committee [Draft[

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

Meeting date: 2 December 2025

Bill Kidd

On that basis, your view of the arguments that have been made to the committee is that there should be a right to contract out of the new rules on the law of retention. Do you stand by that?

Delegated Powers and Law Reform Committee [Draft[

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

Meeting date: 2 December 2025

Bill Kidd

Minister, as you mentioned, Dr Christie was one of our witnesses and he specialises in construction contracts. What is your view of the arguments that various witnesses, including Dr Christie, have made that guidance should be published on how the legislation will work in practice before we reach the stage of introduction?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Bill Kidd

So, you see it as a positive.

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Bill Kidd

That is great.

Colin Borland, would you like to come in on behalf of small businesses?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Bill Kidd

Colin Borland, does this sort of future proofing make your members, especially smaller businesses, feel more comfortable?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Bill Kidd

Finally, do the witnesses have any other comments on the drafting of the bill or want to make any points that we have not raised today but that they mentioned in response to the committee’s call for views?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Bill Kidd

Colin, do you want to come in?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Bill Kidd

Under agenda item 5, we will take evidence on the Contract (Formation and Remedies) (Scotland) Bill.? I welcome to the meeting our panel today: Andrew Agapiou, chair of the contracts committee, Royal Incorporation of Architects in Scotland; Colin Borland, Scotland director, Federation of Small Businesses; and David Woods, partner, litigation, regulatory and tax team, Pinsent Masons.

I should say that you do not need to worry about turning on your microphones, because they are controlled by broadcasting colleagues. If you would like to respond to a question, please raise your hand or indicate as much to the clerks. There is no need to answer every question—simply indicate if you do not wish to respond—but please feel free to follow up any questions in writing after the meeting, should you wish to do so. Finally, before we move to questions from the committee, members might wish to know that Roz McCall is joining us online.

I will ask the first question. Can you give the committee some examples of how contracts are formed in the sectors that you represent, for example, in relation to construction or where small businesses are involved?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Bill Kidd

You have answered a bit of my next question, so I will just ask a follow-up. Is the bill sufficiently future-proofed so that it can deal with any new ways of forming contracts that be might developed? David, I see you nodding.