Delegated Powers and Law Reform Committee
Meeting date: Tuesday, January 31, 2023
Official Report 455KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Under agenda item 3, we are considering three instruments. An issue has been raised on the following instrument.
First-tier Tribunal for Scotland Housing and Property Chamber (Amendment) Regulations 2023 (SSI 2023/6)
Carol Mochan has something to say.
I just want to declare an interest, as a registered landlord with rented property.
Thank you. That is now on the record.
The instrument is made under the Tribunals (Scotland) Act 2014 and the Cost of Living (Tenant Protection) (Scotland) Act 2022. The instrument amends the First-tier Tribunal’s existing procedural rules to make provision for new rules to accommodate the new appeal mechanism that is created by the Cost of Living (Tenant Protection) (Scotland) Act 2022.
In line with standard drafting practice, the title of the instrument should read the “First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2023”. The Scottish Government has apologised for this oversight but has said that it will not be taking any corrective action, as it is content that the title is not misleading and adequately highlights the purpose of the regulations.
The instrument also breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, whereby instruments that are subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 17 January 2023 and came into force on 24 January 2023. It therefore does not comply with the laying requirements under the 2010 act.
In correspondence with the Presiding Officer, the Scottish Government stated that the breach was necessary, as it is now possible for landlords to increase their rents in response to an increase in prescribed property costs, and the instrument requires to be brought into force urgently to create the necessary procedural rules should any appeal be brought against the decision of a rent officer.
Does the committee wish to draw the instrument to the Parliament’s attention on the general reporting ground, in that “(Procedure)” was omitted from the title of the instrument?
Members indicated agreement.
Is the committee content to note the apology received from the Scottish Government for the oversight and that corrective action is not necessary in this instance?
Members indicated agreement.
Does the committee also wish to draw the instrument to the Parliament’s attention on reporting ground (j), in relation to the failure to lay the instrument in accordance with laying requirements under the 2010 act??
Members indicated agreement.
At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (SSI 2023/7)
Cost of Living (Tenant Protection) (Scotland) Act 2022 (Early Expiry and Suspension of Provisions) Regulations 2023 (SSI 2023/8)
Jeremy Balfour wants to make a statement.
SSI 2023/8 is a consequence of rushed legislation going through the Parliament previously. Perhaps it is a lesson that we should not pass emergency legislation unless there is an emergency, and we should have more scrutiny of legislation when it is going through.
You have made your point—thank you for that.
Is the committee content with the instruments?
Members indicated agreement.