Subordinate Legislation Committee, 22 Nov 2005

Meeting date: Tuesday, November 22, 2005

Official Report 276KB pdf

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Delegated Powers Scrutiny

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Housing (Scotland) Bill: as amended at Stage 2

I thank members for staying with me. Agenda item 3 is scrutiny of delegated powers in the Housing (Scotland) Bill as amended at stage 2. In his letter to me, which we have circulated, the Minister for Communities, Malcolm Chisholm, said:

"The Executive intends to table an amendment providing that the regulations under section 101(1), which will be used to implement the Single Survey and Purchaser's Information Pack schemes, may make provision for and in connection with the registration of prescribed documents."

A copy of that amendment has been provided. That is for information; I gather that we can do nothing about it at today's meeting.

Members will recall that the bill contains many delegated powers that were previously referred to the committee. We made suggestions and the lead committee also made suggestions, which we will consider.

Procedure changes have been made that affect sections 88(4), 96(2), 101(1), 102, 108(4) and 120(1). As no committee member has points to make, we need not comment further on them. Are we agreed?

Members indicated agreement.

We move on to chapter 8 of part 1, which is on supplemental provisions, including appeals. New section 64A, which is on the power to change the method of appeal on adaptations, will give ministers the power to change from the sheriff to the private rented housing panel the route for appeals by a tenant when a private landlord refuses consent for or imposes conditions on adaptations to meet a disabled occupant's needs or the installation of central heating or other energy efficiency measures.

Are members content for the route for appeals to be subject to change from the courts to the panel by ministerial discretion? An important point is that that will be within the Parliament's supervision. Any regulations would be subject to the negative procedure. As nobody appears to have concerns, are we happy?

Members indicated agreement.

Part 2 is on a scheme of assistance for housing purposes. Section 68(4) allows for local authorities to provide assistance for housing purposes by way of grants and loans. As amended, the subsection will allow ministers to make further provision for any type of assistance in relation to the acquisition or sale of a house or work on land or premises for specified purposes. I gather that that is intended to allow local authorities to provide effective assistance in a wide range of circumstances. Do members have any concerns about that?

No.

We are happy.

Section 70(2A) deals with when assistance must be provided. It allows ministers to make further provision about the type of assistance that must be provided in connection with adaptations to make a house suitable for a disabled person's needs. The Communities Committee has added quite a few provisions. Do members have further thoughts on that?

The section provides a good example, because any change that is suggested will immediately prompt interest among all sorts of stakeholders, perhaps including the Communities Committee, about whether the Executive is going far enough. In many areas, pressure will be exerted for the Executive to go further. Given that, any regulations would be a prime candidate for the use of the super-affirmative procedure. When, in response to our earlier discussion, the Executive supplies appropriate examples, it will be interesting to see how closely the provision matches.

However, I am not sure whether we can do anything about that at this stage, as I presume that to do so we would have to lodge an amendment, which would mean asking the Presiding Officer to use his discretion to permit a manuscript amendment to change the bill so close to its stage 3 finalisation.

I take on board your points, but I think that we should keep the bill as it is.

That certainly avoids the need for the Presiding Officer to take an awkward decision.

Does anybody think differently?

I am all for rescuing the Presiding Officer from any such difficult decisions.

That deals with section 70(2A).

Section 88(4) concerns local authority payments to not-for-profit lenders and deals with arrangements by local authorities with designated lenders to make loans on their behalf. At stage 1, the committee recommended that the regulations under section 88(4) should be subject to the affirmative procedure. The Executive took that on board, which I am sure we are happy about. In addition to the procedural change, the powers have been elaborated on by amendment to subsections (1) and (3) and by the addition of subsection (3A), which clarifies the drafting. Are members happy to note the changes that have been made?

Members indicated agreement.

Part 3 is on the provision of information on the sale of a house. Section 110(3), which will insert section 63A in the Housing (Scotland) Act 1987, is on information for tenants who exercise the right to purchase. The section will confer a power on ministers to make regulations that prescribe additional information that a landlord is to supply to a tenant who has served an application to purchase under the right-to-buy provisions. New section 63A(2A) of the 1987 act will ensure that such information is provided to a prospective right-to-buy purchaser only if the tenant has paid the landlord for its provision. The sum that is to be paid will be specified in regulations, which will be subject to the affirmative procedure. Do members have concerns?

No.

Part 3A has been added to deal with tenancy deposit schemes. It gives ministers the power to prescribe arrangements for the handling of tenancy deposits and allows them to approve tenancy deposit schemes. The change was made in response to a recommendation from the Communities Committee. I understand that consultation is continuing on the way in which the Executive will proceed. I propose that we simply note the change. Is that agreed?

Members indicated agreement.

Part 4 concerns the licensing of hours in multiple occupation. Section 145(3) allows local authorities to charge fees for HMO licensing. Again, unless members have any points to raise, I propose that we should simply note the change.

It is houses in multiple occupation, convener.

Oh, what did I say?

Hours of multiple occupation.

Right. I must have been thinking of something else—Freudian slip.

Are members content to note the change?

Members indicated agreement.