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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, February 28, 2012


Contents


Instruments not subject to Parliamentary Procedure


Housing (Scotland) Act 2010 (Commencement No 6, Transitional and Savings Provisions) Order 2012

The Convener

The order commences the new regime under the Housing (Scotland) Act 2010 for the regulation of social housing. It will come into force on 1 April 2012. The commencement order contains transitional provisions and is therefore something to which the committee will want to give careful consideration.

The drafting of the order appears to be defective in that, in the transitional provision in paragraph 18(f) of schedule 2, the reference to schedule 7 to the Housing (Scotland) Act 2001 should refer to schedule 8.

Does the committee therefore agree to draw the order to the Parliament’s attention on reporting ground (i)?

Members indicated agreement.

The Convener

In doing so, does the committee welcome the Scottish Government’s undertaking to bring forward an amending commencement order in advance of the coming into force of this order? It will correct the reference to ensure that the transitional provision operates in relation to the intended schedule.

Members indicated agreement.

The Convener

Does the committee agree that it is content with the transitional provision made by paragraph 4(2) of schedule 2 but that it would have been useful to its scrutiny if either the explanatory or Executive notes had explained why the transitional arrangement does not require any modification of the effects of section 62(2) and (3) of the Housing (Scotland) Act 2001? An explanation has been provided in the Scottish Government’s response to the committee.

Members indicated agreement.

The Convener

As a general observation, does the committee welcome the detail of the explanatory note to the order, which helped the committee to identify the drafting error in schedule 2, and does it also welcome the fact that 40 days have been allowed from the laying of the order to the coming-into-force date, which will allow for the error to be corrected before the provision comes into force?

Members indicated agreement.