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Chamber and committees

Delegated Powers and Law Reform Committee

Housing (Amendment) (Scotland) Bill after Stage 2

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Introduction

  1. At its meeting on 22 May 2018, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Housing (Amendment) (Scotland) Bill as amended at Stage 2 ("the Bill").i The Committee submits this report to the Parliament under Rule 9.7.9 of the Standing Orders.

  1. This Government Bill was introduced on 4 September 2017 by the Cabinet Secretary for Communities, Social Security and Equalities, Angela Constance MSP. The Local Government and Communities Committee is the lead committee.

  1. The Bill makes several technical amendments of the Housing (Scotland) Act 2010 (“the 2010 Act”), in respect of powers that the Scottish Housing Regulator (“the Regulator”) exercises over registered social landlords (and in the case of part of section 1 in respect of social landlords generally). It also enables the Scottish Ministers, by regulations, to modify the functions of the Regulator, and to reduce local authority influence over registered social landlords (“RSLs”). The Regulator independently regulates RSLs and local authority housing services, and has an objective to safeguard the interests of tenants of social landlords. Its board was established under the 2010 Act. It is an office-holder within the Scottish Administration.

  1. The general purpose of the Bill is to ensure that the influence the Regulator and local authorities can exercise over RSLs is compatible with RSLs being classified by the Office for National Statistics (“ONS”) as private sector bodies, in the UK’s national accounts.

  1. The Committee published its Stage 1 Report on the Bill on 28 November 2017.i

  1. Amendments were made to the Bill at Stage 2, which was completed on 9 May 2018.

  1. The Government has provided the Parliament with a supplementary memorandum ("SDPM") on the delegated powers provisions in the Bill after Stage 2.i

Delegated Powers

  1. The Committee considered the delegated powers provisions in the Bill as amended at Stage 2.

  1. The Committee determined that it did not need to draw the Parliament's attention to the delegated powers in the following provision:

    • Section 9A - Duration of powers conferred by sections 8(1) and 9(1).