§ Lord McCluskey
asked Her Majesty's Government:
What plans they have to give effect to the recommendations contained in the 64th Report of 1055WA the Scottish Law Commission, notably the repeal of Section 5 of the Damages (Scotland) Act 1976 and its replacement by procedural rules designed to avoid a multiplicity of actions of damages and to reduce the duty of the pursuer to trace and serve notice of action upon possible claimants.
§ The Lord Advocate (Lord Mackay of Clashfern)
I am glad to say that, following the Scottish Law Commission's recommendation in its Report No. 64, a provision repealing Section 5 of the Damages (Scotland) Act 1976 was included in Schedule 9 to the Administration of Justice Act 1982. The repeal will come into effect on such day as my right honourable friend the Secretary of State may by order appoint.
Our intention is that the repeal of Section 5 should not be effected until it can be replaced by rules of court made in the light of the Scottish Law Commission's Report. I understand that the Court of Session Rules Council and the Sheriff Court Rules Council will shortly be considering what rules would be appropriate.