Lord Marnoch has made a stinging criticism of the quality of the legislation emanating from the Scottish Parliament, citing the volume of legislation arising from acts which he described as “resistant to ordinary comprehension”.

He was speaking from the bench in obiter remarks in deciding a summary application that had been referred up to the Court of Session from the Sheriff Court, a practice he lamented as becoming more frequrent as a result of the difficulties in interpreting the legislation.

“It is, nonetheless, a matter for great regret that the transitional provisions in question have been so framed as to give rise to lengthy argument both before the sheriff principal and before this court and, indeed, to what is now a serious difference of judicial view,” he said.

“The result has been to add significantly to both the delay and expense of obtaining resolution of a matter apparently thought appropriate for a "Summary Application" to the sheriff.”

Marnoch said that a series of cases over the last two years had led Lord Reed to conclude “that it was unfortunate that the legislation in question "should be so resistant to ordinary comprehension". He added: “I, myself, had occasion to refer to the "severe difficulties" confronting the court and the apparent lack of even a "clear objective" within the provisions there being considered.”

He added that the transitional provisions of the Licensing (Scotland) Act “presented great difficulty” and added that “one of the substantive provisions of the Act was itself described as "an unquestionably difficult legislative provision".”

“No doubt it is the duty of this court to make what it can of all these legislative complexities but one must certainly hope that both the Scottish Legislature and those who advise it will take on board the extent of litigation which has resulted from them; and the desirability of avoiding similar uncertainties in the future,” he concluded.

The decision can be read here.