Official Report 392KB pdf
10:02
Under agenda item 3, we are considering seven instruments. An issue has been raised on the following instrument.
Renters’ Rights Act 2025 (Commencement) (Scotland) Regulations 2026 (SSI 2026/113 (C 9))
This instrument would have commenced various provisions of the Renters’ Rights Act 2025 and made transitional provision.
In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee asked about the enabling powers being cited by the instrument. The Scottish Government agreed that the wrong enabling power had been cited for the transitional provision.
The committee also asked whether the title of the instrument should include reference to transitional provision, in line with standard drafting practice for commencement Scottish statutory instruments. The Scottish Government agreed that it should.
The Scottish Government decided to revoke the instrument and make replacement provision, this time citing the correct power to make transitional provision and referring to the transitional provision in the title.
Does the committee wish to draw this instrument to the attention of the Parliament on the general reporting ground, in that the preamble cites the wrong enabling power for the transitional provision, because section 148(2) should have been cited rather than section 140(1), and the title of the instrument should include reference to transitional provision, in line with standard drafting practice?
Members.
Does the committee wish to note that these issues have been corrected by the Renters’ Rights Act 2025 (Commencement No 2, Transitional Provision and Revocation) (Scotland) Regulations 2026 (SSI 2026/125 (C13)), which is also before the committee today?
Members.
Also under this agenda item, no points have been raised on the following instruments.
Housing (Scotland) Act 2025 (Commencement No 3) Regulations 2026 (SSI 2026/115 (C 10))
Land Reform (Scotland) Act 2025 (Commencement No 1) Regulations 2026 (SSI 2026/119 (C 11))
Renters’ Rights Act 2025 (Commencement No 2, Transitional Provision and Revocation) (Scotland) Regulations 2026 (SSI 2026/125 (C13))
Wildlife Management and Muirburn (Scotland) Act 2024 (Commencement No 3) Regulations 2026 (SSI 2026/127 (C 14))
Scottish Languages Act 2025 (Commencement No 2) Regulations 2026 (SSI 2026/128 (C 15))
Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No 6) Regulations 2026 (SSI 2026/129 (C 16))
Is the committee content that no reporting grounds are engaged?
Members.
In relation to the Housing (Scotland) Act 2025 (Commencement No 3) Regulations 2026 (SSI 2026/115 (C 10)), does the committee wish to note that the Scottish Government proposes to correct an error identified in the explanatory note at the earliest opportunity?
Members.
That concludes the public part of the meeting.
10:04
Meeting continued in private until 10:09.