Misrepresentation Act 1967

HC Deb 25 March 1976 vol 908 cc281-2W

Mr. MacCormick

asked the Secretary of State for Scotland why members of the Scottish public continue to be excluded from the protection afforded to the consumer by the Misrepresentation Act 1967; and if he will now take steps to extend the provisions of the Act to Scotland.

Mr. William Ross

When the Misrepresentation Act 1967 was enacted for England and Wales it was decided on the advice of the Scottish Law Commission not to extend the provisions of the Act to Scotland. The Commission took the view that, although there was no express decision in point, damages could be awarded under the common law of Scotland for negligent misrepresentation. It advised that a full examination of this area of the law was necessary before any legislation was contemplated. These matters are under active consideration by the Scottish Law Commission as part of its review of the Law of Obligations and the Commission has indicated that it would welcome any information about ways in which the present law adversely affects consumers in Scotland.