Last time we looked at how to reference Law Commission reports and consultation papers. This time, we will be looking at a very similar thing, but it is instead the reports and consultation papers of the Scottish Law Commission. We will consider what the Scottish Law Commission is, how it was created and how it works, then look at the correct way to reference its reports and papers.
We will start by discussing the origins of the Scottish Law Commission and its current role. As usual, do feel free to skip this if you are already confident on the background of this topic!
What is the Scottish Law Commission?
The Scottish Law Commission was created by the Law Commissions Act 1965, which may seem familiar to you! This is because this is the same Act as the one which established the Law Commission; they were both set up at the same time with similar responsibilities and aims. They, therefore, have a lot in common in both function and referencing format.
The Scottish Law Commission was set up with the aim of simplifying, modernising and improving Scottish Law. The reason for this is to keep the law in time with our constantly changing society – a law may well have been relevant when it was first drafted years ago, but does it still reflect the current needs of Scotland? The Scottish Law Commission aims to suggest developments to be made to the law so that it is still relevant.
Another aim of the Scottish Law Commission is to make the law just and principled. This can be done partly by making the law in line with the current morals of society and removing antiquated laws, as well as working to find and remove anomalies in the law, such as a single crime having multiple Acts referring to it which could result in a different verdict or sentence.
The Scottish Law Commission also tries to make the law accessible to everyone, not just those with legal training. This may involve redrafting Acts in a way which can be understood easily or offering better guidance to people trying to read the law, for example, with supporting material explaining the Act. It is important that everyone can understand the laws which they are subject to.
The law not being accessible to everyone also makes it harder for these people to defend themselves at court or challenge an arrest. The Scottish Law Commission works to improve the clarity of laws so that people can easily understand what their rights and responsibilities are in society.
The Scottish Law Commission also aims to reduce inefficiencies in the law by removing these anomalies and contradictions in the law. They advise on reform of laws that are outdated or unnecessarily complex, as these can also slow down the justice system and make it harder for the majority of people to understand the law.
Finally, the Scottish Law Commission tries to ensure the law is responsive. This is necessary to ensure the law keeps in time with the changing needs of society and means that the law will be updated as needed to reflect modern issues. They also aim to make the law respond to changing opinions of morals and values.
What does the Scottish Law Commission do?
The Scottish Law Commission does not actually have the power to change the law; it can only suggest reform. Its role is to advise the Scottish Government on where reform is needed and how this should be done. It receives funding from the Scottish Government Constitution, Law and Courts Directorate.
However, the Government does not have to take this advice or act on any of the Scottish Law Commission’s suggestions for reform. Any actual reform will have to go through the Scottish Parliament or, sometimes, UK Parliament. Nevertheless, the suggestions for reform do carry great weight and will form a crucial part of most reforms and debates.
Who is on the Scottish Law Commission?
The Scottish Law Commission is made up of five Commissioners, who are appointed by the Scottish Ministers. One of these Commissioners will be the Chairman and this one will also traditionally be a Court of Session judge. The other four Commissioners will have held judicial office, been solicitors, advocates or taught law. All of the Commissioners are appointed for a maximum term of five years but can be re-appointed at the end of this.
There is also a Chief Executive of the Commission who supports the Scottish Law Commission in their work. In addition, the Commission is supported by a variety of legal and non-legal staff. The drafting of proposed reformed Bills is done by a Parliamentary Draftsman.
How Do You Reference Scottish Law Commission Reports and Consultation Papers?
The basic format for a Scottish Law Commission Report is:
Scottish Law Commission | Title of Report | (Scot Law Com number, | Year)
For example:
Scottish Law Commission, Damages for Psychiatric Injury (Scot Law Com No 196, 2004).
First, write “Scottish Law Commission” so that your readers know what type of source you are referring to. Next, write the title of the report in italics, then open brackets before inserting the Scot Law Com number of the report. Finally, after a comma, put the year, then close the brackets. Don’t forget to add a period if the reference is in a footnote but not if it is in the bibliography.
If the reference is to a Scottish Law Commission consultation paper, simply replace the Scot Law Com number with a Scot Law Com DP number. You don’t need to give the number of Command Papers if you are referencing these.
Wrapping Up
Hopefully, you are now confident you know how to reference Scottish Law Commission Reports and Consultation Papers and know a bit more about what the Scottish Law Commission is and how it works. Do stop by in the future for more OSCOLA referencing guides and tips!
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