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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 20 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

I welcome to the meeting our second panel: Alan Cook, chair, commercial real estate committee, Scottish Property Federation; and Stacey Dingwall, head of policy and external affairs, Federation of Small Businesses Scotland. I should, first of all, make you both aware of the fact that you do not need to switch on your microphone—that will be done for you. Please raise your hand or indicate to the clerks if you want to come in on a question. You do not have to answer if you do not feel that the subject is for you.

Does the law on tacit relocation need reforming? If so, can you give some examples of the practical problems for landlords and tenants that are caused by the current law?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Earlier, Stacey Dingwall indicated that there are occasions on which small business owners find it difficult to engage with and talk to their landlord. In the context of this part of the bill, would it be problematic if the address were for an agent in contrast to the landlord, or would that not matter?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

I will go back to Jeremy Balfour’s first question about landlords’ UK addresses. Does it matter whether the address is for an agent acting on behalf of the landlord? Are you content with that?

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 6 May 2025

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 6 May 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 6 May 2025

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 6 May 2025

Stuart McMillan

In relation to Scottish statutory instrument 2025/106, does the committee wish to highlight to the Standards, Procedures and Public Appointments Committee its correspondence with the Scottish Government regarding the policy note?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 6 May 2025

Stuart McMillan

Under agenda item 5, we are considering one document, on which no points have been raised.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Under item 6, the committee will take further evidence on the Leases (Automatic Continuation etc) (Scotland) Bill. Before we begin taking evidence on the bill, I put on the record that all members of the committee rent office premises in our capacity as members of the Scottish Parliament. Although that does not represent a declarable interest under the bill, we wanted to put it on the record, given that the subject matter of the bill concerns commercial leases.

I welcome Dr Jonathan Brown, who is a lecturer in private law at the University of Strathclyde, and Dr Mitchell Skilling, who is a teaching fellow at the University of Aberdeen. Welcome to you both. Before we start, I remind you not to worry about turning on the microphones, because that will be done for you. If you want to come in on a question, please raise your hand or indicate to the clerks. There is also no need to answer every question if you do not want to deal with something. After the meeting, if there is something that you did not say and you feel that you would like to put it on the record, please feel free to do so in writing.

We will move to questions. Do you think that the law on tacit relocation needs reforming? If so, what are the main problems?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Before I bring in Roz McCall, I want to know whether, based on what you have both said so far—we will go into the details of the bill later—you recommend that the bill be withdrawn or substantially amended.