The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1945 contributions
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
So you are satisfied that there will not be litigation.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
What is your view on the point that was put to the committee that vagueness in the bill’s language in some places, such as the use in section 5 of the term “within a reasonable period”, will lead to litigation, and that it should be replaced with definite and measurable—although less flexible—timescales such as 30 days? What is your view on that vagueness?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
Are you satisfied that oral notice is workable? You have given it thought and you believe that it is workable.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
As you know, a range of representations have been made to us. What is your view of the arguments that have been made to the committee that criticise the proposal to allow tenants to give notice orally when a lease has a term of less than one year?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
Thank you—that is very helpful.
What is your view on the argument that the provisions on giving notice in the Sheriff Courts (Scotland) Act 1907 should be reviewed more generally and potentially repealed? Have you considered that?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
Okay—thank you.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
So the current practice is what happens now.
What is your view of the arguments of the Scottish Property Federation and the Federation of Small Businesses that section 23(2)(b) should be amended so that the parties to a lease can negotiate a clause whereby the landlord would be required to provide a longer notice period than the tenant? Have you given thought to that, minister?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
One of the concerns about the bill is that it will lead to more litigation. That is a political issue, not just a legal one.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
What is your view of the arguments that have been made to the committee that it is not desirable to change the existing terminology on the law of tacit relocation in the bill? Is there any particular reason why you want to get rid of the terminology, given that it is a tenet of Scots law?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
What is your view on the argument that the bill needs to clarify the rules on serving notice to trusts and unincorporated associations?