Official Report 384KB pdf
Under agenda item 6, members are invited to consider the delegated powers provisions in the Private Housing (Tenancies) (Scotland) Bill at stage 1. The committee is also invited to agree the questions that it wishes to raise in written correspondence with the Scottish Government on the delegated powers in the bill. The committee will consider the responses from the Scottish Government at a future meeting, prior to considering a draft report.
Section 9(1) of the bill will enable the Scottish ministers to make regulations that impose a duty on landlords to provide tenants with information that is to be specified in the regulations. The substantive provisions regarding that duty are left to secondary legislation, unlike the statutory items in schedule 2. Does the committee agree to ask the Scottish Government whether consideration has been given to including on the face of the bill the proposed specified information under section 9(1), which a landlord will be under a duty to provide to a tenant, and whether the Government would consider it appropriate to include such information on the face of the bill in a similar manner to the approach taken with statutory items in schedule 2?
Members indicated agreement.
Section 10 will allow ministers to make regulations specifying how the duty to provide information that arises under sections 8 and 9 is to be performed. In the same manner as with section 9, how the duty will operate is to be set out mainly in secondary legislation rather than on the face of the bill. Does the committee agree to ask the Scottish Government whether consideration has been given to including on the face of the bill rather than in regulations under section 10 the proposed provisions about how a duty arising under section 8 or 9 is to be performed?
Members indicated agreement.