Standards, Procedures and Public Appointments Committee, 18 Nov 2008

Meeting date: Tuesday, November 18, 2008

Official Report 79KB pdf

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Guidance on Private Bills

Agenda item 4 is revised guidance on private bills. The guidance has been updated to reflect changes resulting from the private bill committee assessors system and the Transport and Works (Scotland) Act 2007. The paragraphs that have been changed are detailed in the covering note that has been prepared by the clerk to accompany the guidance. David Cullum and Carol Mitchell from the private bills unit are present to answer members' questions. I invite David Cullum to make an opening statement.

Thank you for your time today and for the committee's consideration of the latest revisions to private bill guidance. This is the first major revision that we have made in the past three or four years. When minor updates are made, we tend just to put them on the website, but every so often there are major revisions and we bring them to the committee.

Although private bills are rarer in this session than in the previous session, it is likely that at least one small measure will be introduced next year. The guidance forms an important part of the private bills procedure, and gives potential promoters and objectors the detail that underpins the standing orders. It is also important and helpful for the guidance to receive committee approval, as that gives the guidance authority and helps immensely the process of considering bills.

The principal changes to the guidance are covered in the note by the clerk. Those changes have been made following our experience of processing the large private bills that were lodged in the previous session, which principally covered railways and trams. In summary, the principal changes reflect the large amount of work that takes place prior to the introduction of private bills, the inclusion in the bills that I have mentioned of codes of construction practice and noise and vibration policies, and the proceedings before the assessor.

I would be pleased to provide the committee with further information on the guidance, the changes or the procedures in general.

Thank you. Do members have any comments or points that they want to raise?

I have one general point and one more specific point. It seems that a number of bits and pieces of minor wording have not come out quite right. For example, something has gone wrong in paragraph 2.19 of the revised guidance, which states:

"the Memorandum should be expressed in as clearly and as readable a way as possible."

It should say, "in as clear and readable a way as possible." Paragraph 2.20 should say, "an outline of what measures it will put in place". A textual reading of the paragraph is necessary to ensure that it is accurate.

I also wanted to ask about the provision of notification to heritable proprietors with an interest in changes that might be made as a result of a private bill, but I cannot find the relevant part of the guidance.

Do members have any other points while Robert Brown ploughs through the guidance?

I have a procedural question. Is it correct that the guidance will be issued once the committee has approved it, and that it will not go to members for further consultation?

Yes, that is correct.

As you are aware, I was on one of the Edinburgh tramline private bill committees. The revised guidance is much needed and is an excellent piece of work that will provide clarification. A lot of work has gone into it.

I concur. I heard anecdotally about some of the issues that cropped up with the tramlines bills. The revised guidance seems to be quite clear. I do not have in-depth knowledge of the subject, but I was quite impressed with the new guidance. That is my only comment.

Thank you for those comments.

As regards Robert Brown's points, perhaps I can help. If the committee is happy, we will give the guidance a final proofread and pick up the infelicities. If Robert Brown contacts us, we will consider his point on heritable proprietors and, I hope, answer it. If a change is required that is not significant, perhaps we can just make it through correspondence.

I can clarify what I was referring to, as I have now read the relevant part of the guidance. I have two points, the first of which is about how people are notified and whether the form in which that is done complies with arrangements for dealing with other heritable property issues. I want to check that the notification arrangements for private bills appear in a standard form.

My second point relates to paragraph 3.23, which is about property that may change ownership during the private bill process. It is a question of purchasers knowing about a proposed bill. How do they find out about such matters? Do they emerge when planning inquiries are made by solicitors in the course of house sales or are people notified in some other way? What if someone buys a house and has no knowledge that the property has been the subject of notification? Does notification information appear on a public record that is normally checked by solicitors who do conveyancing? In other words, will that process show up that there is an issue that might affect the future of the property?

Not in the way that you describe. There is a public notification procedure as well as the notification procedure for individuals. In the past, solicitors who have handled a change of ownership have known that a private bill was in the system, and objectors' new interests have been noted and brought to our attention. However, there is no specific system for putting that information in the registers at General Register house or anywhere else.

I do not know whether that is an issue; it just crossed my mind that if a planning proposal is lurking about, one can check it through the normal form of local authority check, but if information about private bill notification does not appear on any public record, such checks might not normally be carried out, even though the potential exists for the future of a property to be affected.

I suppose that the availability of private bills on the Parliament's website is akin to the availability of public records on planning applications through council websites, so it is a question of knowing to look—that is your point. It is not possible to ensure that prospective owners find out about private bill proposals without putting such information in the title deeds, which is not required. Perhaps we can give the matter further consideration. I need to chat to my legal advisers about it; the same is true of your other point.

Okay. Thank you.

I thank Carol Mitchell and David Cullum for their attendance and for helping us.

Are members content to approve the revised guidance and for it to be published?

Members indicated agreement.

That ends the public session. Any members of the press or public should leave and public broadcasting should cease.

Meeting continued in private until 15:59.