Title Conditions (Scotland) Act 2003 - Section 53: consultation on the Scottish Law Commission's report

Chapter Three - Impact Assessments

Business and Regulatory Impact Assessment

30. The SLC produced a Business Regulatory Impact Assessment (BRIA)^[15] which was published with their Report. BRIAs are intended to estimate the costs, benefits and risks of any proposed legislation that impact the public, private or third sector.

31. In the BRIA the SLC set out the rationale for the approach it recommended. It examined three options. The first is to do nothing. The second option is to repeal but not replace the current law which would result in there being no implied rights. The third is to legislate in line with its draft Bill which is intended to reform the law and bring much needed clarity. There is an assessment in the BRIA of the costs and benefits of each option.

32. On the basis of that assessment, the SLC recommend the third option. The costs of this option, which has been worked out on the appropriate costs for 2019 are: -

• the training costs be incurred by law firms in relation to the new rules. These are assessed as modest as the reform is limited.
• the legal fees and costs, including registration fees those wishing to preserve rights would have to pay.
• the cost to the Keeper of adapting processes to comply with the proposed reforms.

33. The main benefit is that the costs currently incurred by legal firms and their clients such as having to seek expert opinions or obtain indemnity insurance would be avoided or mitigated. It is also expected that transactions could be completed more efficiently and delays in the home buying and selling process reduced.

Question 11: What information or data do consultees have on:

(a) the economic impact of section 53 of the Title Conditions (Scotland) Act 2003, or

(b) the potential economic impact of the reform proposed by the SLC in its draft Bill

Child Rights and Wellbeing Impact Assessment

34. Section 17 of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 ("the 2024 Act") provides that Ministers must prepare and publish a Child Rights and Wellbeing Impact Assessment (CRWIA) in relation to a Bill that the Scottish Ministers intend to introduce. A CRWIA is a process, tool and report which is used to identify, research, analyse and record the anticipated impact of, among other things, a legislative provision.

35. Although the relevant section is not yet in force, if Scottish Ministers were to decide to introduce legislation to give effect to the SLC’s recommendations then any legislative provision would have to be compatible with the requirements of the 2024 Act.

36. In order to assist us with any assessment of the potential impact of the proposals contained in the SLC's draft Bill we ask:

Question 12: Are there any direct or indirect impacts on children and young people as a result of the legislative proposals set out in the Scottish Law Commission's draft Bill? If so, what are they?

Question 13: Is there any impact on specific groups of children and young people as a result of the legislative proposals set out in the Scottish Law Commission's draft Bill? If so, what are they?