Subordinate Legislation Committee
Meeting date: Tuesday, December 21, 2010
Official Report
316KB pdf
Long Leases (Scotland) Bill: Stage 1
We come to the final agenda item. There are a number of delegated powers in the bill and our advisers have suggested that we raise questions on the powers in sections 21(3) and 75(5). I will run through both sections and ask for the committee’s agreement at the end.
First, it is suggested that we ask the Scottish Government to explain more fully the need for the use of the delegated power set out in section 21(3) to achieve the stated aim of ensuring that the Lands Tribunal can deal with cases without unnecessary delays, given the absence of any detailed justification for that in the delegated powers memorandum. The question is why it is not possible to set out in the bill a period within which a person could oppose or make representations in relation to an application, and, if necessary, a power to change the period if circumstances require.
Secondly, we may wish to ask the Scottish Government to explain more fully the need for the use of a delegated power at section 75(5) to achieve the aim referred to in the DPM with respect to the provision, given the absence of any detailed justification for such power within the DPM.
Do we agree to ask those questions on sections 21(3) and 75(5) of the bill?
Members indicated agreement.