Judicial factors: consultation

A consultation seeking views on the Scottish Law Commission's recommendations and draft bill to modernise judicial factors.

Part 5: How to respond to the consultation process

5.1 Consultation is an essential and important aspect of the Scottish Government's working methods.  Given the wide-ranging areas of work of the Scottish Government, there are many varied types of consultation.  Scottish Government consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.

5.2 The Scottish Government encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience.  Consultation exercises take account of a wide range of factors and no two exercises are likely to be the same.

5.3 Typically, Scottish Government consultations involve a consultation paper inviting answers to specific questions or more general views about the material presented.  Consultation papers are distributed to organisations and individuals with an interest in the issue, electronically or in hard copy and are placed on the Scottish Government's consultations webpage to allow for participation from a wider audience.

5.4 Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises.  

5.5 All Scottish Government consultation papers and related publications (e.g., analysis of response reports) can be accessed online: http://consult.gov.scot.

5.6 The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence.

5.7 Depending on the nature of the consultation exercise the responses received may:

  • indicate the need for policy development or review, 
  • inform the development of a particular policy, 
  • help decisions to be made between alternative policy proposals, or 
  • be used to finalise legislation before it is implemented.

5.8 While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

Impact assessments

5.9 In line with usual practice, Impact Assessments have been prepared.  The Commission prepared a draft Business and Regulatory Impact Assessment or BRIA[6].

5.10 The Scottish Government does not consider that the following Impact Assessments are required:

  • Equality Impact Assessment (EQIA)
  • Strategic Environmental Assessment (SEA)
  • Privacy Impact Assessment (PIA)

5.11 If a Bill is introduced into the Scottish Parliament, the Scottish Government, in accordance with Parliamentary Standing Orders, will prepare Accompanying Documents:-

  • A Policy Memorandum (the rationale for the Bill is outlined in the material produced by the Commission and will be drawn on for any Policy Memorandum)
  • A Financial Memorandum (this will be drawn from the BRIA produced by the Commission)
  • Explanatory Notes to the Bill (the Commission have already prepared Explanatory Notes for the draft Bill)

5.12 As the draft Bill currently stands, a Delegated Powers Memorandum would not be needed as the draft Bill has no powers for ministers to make secondary legislation.

Question 22 

Do you have any comments on the Impact Assessments? 

Responding to this consultation paper

5.13 We are inviting responses to this consultation by 20 November 2019.

5.14 Please respond to this consultation using the Scottish Government’s consultation hub, Citizen Space (http://consult.gov.scot). Access and respond to this consultation online at https://consult.gov.scot/justice/consultation-on-judicial-factors  You can save and return to your responses while the consultation is still open. Please ensure that consultation responses are submitted before the closing date of 20 November 2019.

5.15 If you are unable to respond using our consultation hub, please complete the Respondent Information Form (see supporting files) and send it together with your response to:

Private Law Team
Scottish Government
St Andrew’s House 

Handling your response

5.16 If you respond using the consultation hub, (http://consult.scotland.gov.uk/), you will be directed to the Respondent Information Form. Please indicate how you wish your response to be handled and, in particular, whether you are happy for your response to published.  If you ask for your response not to be published, we will regard it as confidential, and we will treat it accordingly.

5.17 All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

5.18 To find out how we handle your personal data, please see our privacy policy: /privacy/

Next steps in the process

5.19 Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public at http://consult.gov.scot  If you use the consultation hub to respond, you will receive a copy of your response via email.

5.20 Following the closing date, all responses will be analysed and considered along with any other available evidence to help us. Responses will be published where we have been given permission to do so.  An analysis report will also be made available.

Comments and complaints

5.21 If you have any comments about how this consultation exercise has been conducted, please send them to: Propertylaw@gov.scot


Email: Property_Law@gov.scot

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