Instruments Subject <br />to Annulment
Registered Social Landlords <br />(Purposes or Objects) (Scotland) Order 2006 (SSI 2006/211)
Are members content to ask the Executive why, given the wording of new section 58(3)(h) of the Housing (Scotland) Act 2001, the order contains a definition of
That is a sensitive issue for me and for the convener, not particularly in relation to the 2001 act but in the context of shared ownership in retirement complexes. The difference between shared ownership and shared equity is a serious point of contention, because none of the rights that are enjoyed by shared owners are enjoyed by people who enter into shared equity arrangements. People entered into shared equity arrangements without being aware that the arrangements were different from shared ownership. Little lapses and oversights can lead to major problems. My comment is a bit elaborate, but in the long term there might be a serious problem if people are not made aware of the difference between shared equity and shared ownership. A definition would be helpful.
Exactly. Is that agreed?
What are we going to do with this?
We are going to do exactly what we have said, but we will also highlight the difficulty brought about by not having a definition for "shared equity terms", which is very important.
I accept that point entirely. I just wonder if there is time to go back to the Executive.
Yes. There is enough time.
Land Management Contracts <br />(Menu Scheme) (Scotland) Amendment Regulations 2006 (SSI 2006/213)
Several minor points have been listed in paragraph 173 of the legal brief. If the committee agrees, we will put those to the Executive.
We should do that. Those are the kinds of things that the Executive might want to amend.
Absolutely. Is that agreed?
Croft House Grant (Scotland) Regulations 2006 (SSI 2006/214)
There are quite a number of points on the regulations, which appear to have been poorly drafted. There are lots of questions to ask the Executive—paragraph 174 of the legal brief lists points (a) to (i) inclusive. Unless members want me to go through them all individually, I suggest that we put them all together and ask the Executive to comment.
Members will not be surprised that I want to comment because, as they know, I represent a crofting constituency and I want to put it on the record that I am somewhat dismayed to see this sort of thing in front of the committee. I would be grateful if we could probe this very deeply indeed. I would have great difficulty explaining the regulations to my constituents in their present form. In fact, I would be—well, I will not go any further; I leave it to members' imaginations.
Are we agreed on the suggested course of action?
Charities Accounts (Scotland) Regulations 2006 (SSI 2006/218)
There are two main questions to ask the Executive. First, in relation to the references to three "outside publications" in regulations 1(2) and 14(3), why does neither the footnote nor the explanatory note indicate where copies of these documents can be obtained? Secondly, we should ask the Executive to explain paragraph (7) of regulation 3, as it is not clear whether it is intended to prevent a charity from having more than two or three financial years exceeding 12 months in the five-year period. It sounds confusing even when I say it. There are also a couple of minor points that can be raised with the Executive informally. I suggest that we raise all the points together.
Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Amendment Order 2006 (SSI 2006/221)
No points arise on the order.
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Executive Responses