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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, March 2, 2010


Contents


Housing (Scotland) Bill: Stage 1

The Convener

Under item 2, we take our first look at the Housing (Scotland) Bill at stage 1. There are a number of delegated powers provisions in the bill. I suggest that we deal only with the powers on which our legal advisers have proposed that we might wish to raise questions with the Scottish Government. I suggest that we consider the Government response to the points that we raise today at our meeting on 23 March, when we will also consider our stage 1 report. Are we agreed?

Members indicated agreement.

The Convener

The first point is on section 24(1)(b), which is on the power to prescribe legislative registration criteria to be eligible for inclusion in the register of social landlords. The question is twofold. First, why is it not possible to specify in the bill the legislative registration criteria that are contemplated, and to limit the power to a residual power to modify those criteria in the light of operational experience or changes in circumstances? Secondly, which initial legislative registration criteria, if any, does the Government intend to prescribe on commencement of the bill? Do we agree to put those questions?

Members indicated agreement.

The Convener

The second point is on section 31. Ministers must set out in the Scottish social housing charter the standards and objectives that social landlords should aim to achieve when performing housing activities. The question is threefold. First, what is intended by the statement in paragraph 16 of the delegated powers memorandum that the charter

“would be binding on social landlords”?

Secondly, if the charter is intended to be binding in the sense of imposing obligations on social landlords and having legal effect, why has the Scottish Government chosen to make the charter by this mechanism, rather than by statutory instrument? Thirdly, how is the charter to be enforced and what will be the sanctions for non-compliance? Pretty crucial questions. Do we agree to put those questions?

Members indicated agreement.