When the Scottish Parliament is dissolved for the upcoming Scottish General Election, Bills which have yet to complete the parliamentary process will fall. This means they will have to be introduced afresh if they are to become law in future.
As part of our series on the election’s legal framework and its implications, this article considers some of the Bills currently before the Scottish Parliament, whether they are likely to be passed before dissolution, and their key provisions. As the deadline approaches, several Bills are likely to progress quickly. Many others appear unlikely to meet the cutoff.
The Parliamentary Process
Before becoming law, Bills must complete three stages in the Scottish Parliament:
- Stage 1 - the Parliament will debate and vote on the general principles of the Bill;
- Stage 2 - a committee of the Parliament will debate and vote on amendments to the Bill; and
- Stage 3 - the Parliament will debate and vote on further amendments and the Bill as a whole.
A Bill will then be sent for Royal Assent to become an Act. Depending on the terms of the Act, it will come into force immediately or at a later date. Often an Act will specify that at least some of its provisions will not come into effect until a future date to allow for those affected to prepare for implementation.
As explained previously in our series, it is likely that the Scottish Parliament will be dissolved on 9 April 2026. By this date, Bills must have completed Stages 1, 2 and 3 to avoid falling and will survive if only Royal Assent is outstanding.
Contract Formation and Remedies
The Contract (Formation and Remedies) (Scotland) Bill was introduced by the Scottish Government in October 2025 based on recommendations made by the Scottish Law Commission.
The Bill is currently at Stage 3, with a debate fixed for 3 March 2026. It is likely, then, that it will have time to complete all three stages before the Scottish Parliament is dissolved.
The Scots law of contract has developed largely through common law. The Bill aims to consolidate parts of it in statute to make it more accessible to those without legal training as well as to introduce some reforms.
Part 1 of the Bill sets out the law on formation of contract generally, providing for default rules on offers and acceptance. It includes a provision to abolish the current common law ‘postal acceptance rule’ under which a contract acceptance sent by post takes effect when it is posted rather than when it is delivered to the party who had made the offer.
Part 2 of the Bill contains reforms to some aspects of the law on remedies for breach of contract. It includes provisions to clarify the legal principle of mutuality – which prohibits a party in breach of contract from being able to require another party to perform an interdependent obligation – and clarifies that the principle of contributory negligence – where one party’s responsibility for a breach is reduced as it has arisen in part due to the fault of another – is available as a defence to claims for damages based on breach of contract.
Care Services
The Children (Care, Care Experience and Services Planning) (Scotland) Bill was introduced by the Scottish Government in June 2025.
Stage 2 was completed on 18 February 2026 but a date has not yet been fixed for the Stage 3 debate. There is scope for the Bill to complete all three stages before dissolution provided it is prioritised for consideration.
The Bill is designed to implement the conclusions of the Independent Care Review and to support the Scottish Government’s commitment to ensuring that that children grow up loved, safe, and respected by 2030. To do so, the Bill would extend the eligibility of children with care experience to receive aftercare to age 26, introduce a right to access care experience advocacy services, and regulate profits of private providers of children’s residential care. It would also reconfigure the Children’s Hearings System with the aim of minimising the risk of further trauma to children and would extend to Integration Joint Boards the existing duty on local authorities and health boards to participate in the development and implementation of children’s services plans.
Restraint and Seclusion in Schools
The Restraint and Seclusion in Schools (Scotland) Bill was introduced as a Member’s Bill by Daniel Johnson MSP in March 2025.
If passed, the Bill would require the Scottish Government to issue guidance on the use of seclusion and restraint. It would also require schools to record all occurrences and inform parents of any use as soon as possible after the occurrence and within at least 24 hours.
Member’s Bills are often unable to secure priority in the parliamentary timetable as they lack widespread support. In this instance, however, the Scottish Government has confirmed that it supports the general principles of the Bill and undertaken to propose amendments to address its concerns on some of the specific provisions.
The Bill passed stage 1 on 29 January 2026 and is due to be considered by the Education, Children and Young People Committee on 4 March 2026 as part of Stage 2. If it is to avoid falling at the deadline, progress will need to be fast.
European Charter of Local Self-Government
The European Charter of Local Self-Government (Incorporation) (Scotland) Bill was introduced as a Member’s Bill by Andy Wightman MSP on 5 May 2020. It is currently at the Reconsideration Stage and amendments are due to be debated on 3 March 2026.
This Bill passed Stage 3 on 23 March 2021 but, before being sent for Royal Assent, was referred to the Supreme Court by the UK Government’s Law Officers. On 6 October 2021, the Supreme Court held that parts of the Bill were outwith the powers of the Scottish Parliament and so it could not become law, halting progress.
On 4 February 2026, more than four years later, the Scottish Parliament agreed to reconsider the Bill. During this Stage, amendments will be considered with a view to bringing the Bill within the scope of the Scottish Parliament’s competence and the Scottish Government has proposed a series of amendments that it considers will do so.
Once these amendments have been considered, there will be a debate on whether to approve the amended Bill. As the Bill was passed by the Scottish Parliament previously, it is likely to be approved again.
If it is passed, the Bill would incorporate the European Charter of Local Self-Government into Scots law. The Charter is a treaty of the Council of Europe and it sets out principles to protect the autonomy and powers of local authorities. The United Kingdom Government signed the treaty in 1997 but with no direct legal impact within the UK. By incorporating the Charter, the Bill would enable the provisions of the Charter to be relied on in Scottish courts.
Look out for further instalments in this series and contact your usual Brodies contact if you could be affected by any of the bills above if they become law.
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