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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 12 November 2025
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Displaying 2327 contributions

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Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 8 November 2022

Stuart McMillan

Under agenda item 4, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 8 November 2022

Stuart McMillan

Is the committee content with the instruments?

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 8 November 2022

Stuart McMillan

The instrument temporarily modifies the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 and the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 by making changes to certain forms and notices that a landlord is required to serve on a tenant when seeking to end a tenancy. The modifications are made in response to emergency measures that were introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that the 28-day rule cannot be met due to the speed with which the new legislation is being introduced and because amending regulations are required to ensure that the forms reflect all eviction grounds on the date on which the 2022 act comes into force. The correspondence further states that the coming into force date of the act and regulations cannot be moved, as the measures are urgently needed to help protect tenants during the cost of living crisis.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument breaches that requirement, as it was laid on 28 October 2022 and came into force the same day.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 8 November 2022

Stuart McMillan

Under agenda item 2, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 8 November 2022

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which an issue has been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 8 November 2022

Stuart McMillan

Thank you, Oliver. Your comments are noted and are on the record.

Is the committee otherwise content with the two recommendations?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 8 November 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:03 Meeting continued in private until 12:18.  

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Another aspect is the waiver of defence clauses, which would appear to work against the interests of debtors in an assignation. Why has the Scottish Government chosen to formulate the proposed law in that way? Why have protections for individual debtors not been included, as they have elsewhere in the bill?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

That would be helpful, thank you. Clearly, there is still some time before stages 2 and 3. Evidence that we have received has suggested that, whether or not the aspect is addressed in the bill, a section 104 order could be made as the bill passes so that there is a full suite of measures to complement the bill rather than a gap.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Thank you.