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ENFORCEMENT OF CIVIL OBLIGATIONS IN SCOTLAND - A CONSULTATION DOCUMENT

FOREWORD BY THE DEPUTY FIRST MINISTER AND MINISTER FOR JUSTICE

I am delighted today to publish this report and consultation document on the law of diligence in Scotland. It marks a significant stage in fulfilling the Executive’s commitment to reforming this complex and important area of law.

Diligence, which comprises a wide range of ways in which civil obligations can be enforced, is an essential element of the civil justice system in this country. It also has an important role to play in wider society. In the course of our lives, every one of us is involved in a range of contractual, legal and financial relationships - involving other people, businesses and public authorities. These relationships, which lie at the heart of our participation in society, often involve formal obligations. Very often, these relationships work, and the corresponding obligations are met. Where they are not, however, there have to be effective and appropriate ways of enforcing them. That is the role of the enforcement system.

The Debtors (Scotland) Act 1987 introduced a series of reforms affecting parts of the enforcement system: but a long time has passed since then. There is now a need to make further improvements. That is why in June 2000 I announced that the Executive would be carrying out a wide-ranging review of this area.

This consultation document, which has already benefited from contributions from a number of interested parties, is the result of that process. It examines all major aspects of the law of diligence, the relevant procedures, and the way they are organised, conducted and overseen. It raises a number of policy questions for consideration; and makes a range of concrete proposals for reform. These proposals seek to update and streamline the diligence system, while recognising and maintaining a fair balance between the differing interests of the various interested parties, particularly creditors and debtors. If the approach we propose is implemented, I believe that it will mark a real step forward in the way debt is managed and enforced in Scotland in the 21^st century.

We shall look forward to receiving responses to this consultation document, so that we can complete the review process and put forward firm proposals for legislation in due course.

Jim Wallace

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