Official Report 134KB pdf
We move to agenda item 4, the much-anticipated Home Owner and Debtor Protection (Scotland) Bill. This is our first look at the delegated powers in the bill, which was introduced to Parliament last week. It is suggested that we ask the Government a short series of questions and consider its responses at our next meeting, on 27 October, after the short autumn recess.
Members indicated agreement.
On section 4, "Pre-action requirements", we have several questions. Are we content to ask the questions that are set out in the summary of recommendations? I will not read them out.
Members indicated agreement.
Section 4 concerns pre-action requirements and inserts proposed new section 24A(7) into the Conveyancing and Feudal Reform (Scotland) Act 1970 and proposed new section 5B(7) into the 1894 act. Should we ask the Scottish Government to explain what type of matters might be covered by the power to issue statutory guidance and the intended effect of the guidance?
Members indicated agreement.
Are we content that the powers that are contained in section 7, "Representation in repossession proceedings", are acceptable in principle? Are we further content that they are subject to negative procedure?
Members indicated agreement.
On section 9, "Certificate for sequestration", should we ask the Government to clarify the scope of the power in proposed new section 5B(5)(e) of the Bankruptcy (Scotland) Act 1985? The delegated powers memorandum suggests that the power can be used to add further substantive preconditions before the certification route is opened to debtors. We should seek clarification on why a power to specify additional substantive conditions may be necessary and on whether such conditions could override the primary definition of the circumstances in which a certificate can be issued, which are set out in proposed new section 5B(1) of the 1985 act—for example, by stating that certain debts were to be excluded from consideration. A bit of tidying is needed. Is that agreed?
Members indicated agreement.
Do we agree that we find the delegated powers in section 10, "Trust deeds", acceptable in principle and are content that the powers are subject to affirmative procedure?
Members indicated agreement.
On section 11, "Power in relation to debtor's family home", do we agree that we find the power in section 11(c) acceptable in principle and are content that it is subject to negative procedure?
Members indicated agreement.
The amendments to some of the delegated powers provisions in the 1985 act, as provided for in section 13 of the bill, "Regulations under the 1985 Act", appear to be acceptable. Are we agreed?
Members indicated agreement.
On section 15, "Ancillary provision", do we agree to ask the Scottish Government to explain why it considers that, in the context of the bill, it is not thought appropriate that all orders under section 15(1)(a), which must go beyond the terms of the bill, should be subject to affirmative procedure?
Members indicated agreement.
Do we also agree to ask whether those powers should always be subject to affirmative procedure because, as the delegated powers memorandum suggests, it is more likely in this context that significant supplementary or consequential changes affecting primary legislation will be required?
Members indicated agreement.
The commencement powers in subsections (3) and (4) of section 17 appear to be acceptable. Are we content that the powers are not subject to parliamentary procedure?
Members indicated agreement.