INTRODUCTION

In March 1999, the same year that the Scottish Parliament was re-established, the then Scottish Office commissioned a report entitled Pathfinders to the Parliament: A Business Agenda for the Scottish Parliament. The report was divided on the basis of key sectors of the Scottish economy and each of the groups was convened by key business individuals operating within those sectors. Each group made suggestions for policy and legislative initiatives. The majority of the issues raised could be classified as policy issues which fell within the remit of the then Scottish Executive. Others entailed legislative proposals:

Remarkably, since 1999, there have been very few Acts of the Scottish Parliament (“ASPs”) introducing reforms to the law of Scotland which can be categorised as falling squarely within the compass of business law or commercial law. The opportunities for reform may, in part, have been constrained by the terms of the Scotland Act 1998 which limit the powers of the Scottish Parliament in relation to business law or commercial law, but equally the distinct lack of business law reform is not for want of suggestions from the Scottish Law Commission.