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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 December 2025
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Displaying 1032 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

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

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]

Decision on Taking Business in Private

Meeting date: 25 November 2025

Bill Kidd

Good morning, and welcome to the 33rd meeting in 2025 of the Delegated Powers and Law Reform Committee. We have received apologies from Stuart McMillan MSP. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

Agenda item 1 is a decision on taking business in private. Is the committee content to take in private items 6, 7, 8 and 9?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 25 November 2025

Bill Kidd

The committee will set out fuller consideration of the use of the enabling power in this instrument in its report to Parliament and to the lead committee on the subordinate legislation considered at this meeting.

Also under this agenda item, no points have been raised on the following instrument.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 25 November 2025

Bill Kidd

Does the committee wish to note that Scottish statutory instrument 2025/347 revokes the Political Parties, Elections and Referendums Act 2000 (Non-Party Campaigner Code of Practice) (Appointed Date) (Scotland) Order 2025 (SSI 2025/288), which the committee drew to the Parliament’s attention on reporting ground (e)?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

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.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Bill Kidd

That was very helpful. Thank you very much indeed.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Bill Kidd

We are going online to our colleague Roz McCall.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

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

Meeting date: 25 November 2025

Bill Kidd

That is great.

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