The nature of the project

The Scottish civil code project is at present an unofficial project, based in the University of Edinburgh. The Scottish Minister for Justice and his officials know of the project but they have neither fully endorsed it nor rejected it. The present position is that the Minister has asked me to prepare a further paper explaining the scope of the project and an illustrative draft of a family law code. I have already submitted an illustrative draft of a general part. So links to the government remain open and work can proceed, even if on a slightly speculative basis for the time being.

The Scottish Law Commission, the statutory body charged with making law reform recommendations in Scotland, also knows of the project and expresses support for it in its latest programme of law reform. It presumably suits the Commission to have this long-term work undertaken outside the Commission because its resources are fully committed to more urgent projects, particularly in the field of property law.

I should emphasise that the aim of the project is a legislated code – enacted by the Scottish Parliament – and not simply a model code or unofficial restatement. It is therefore essential that the government is involved and interested.

Background

Attitudes of the legal community

Support from the legal community for the idea of codification cannot be taken for granted in Scotland.