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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

Later this morning, we will hear from the Federation of Small Businesses Scotland. In its submission, it states:

“We welcome the measures contained in the Bill which seek to address some of the power imbalances between small tenants and large landlords.”

Do you agree with that, or do you think that this section of the bill should have a more flexible approach? Dr Skilling, would you like to respond?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Thank you. I will ask a final question before I bring in Roz McCall.

In the information that we have received from the Faculty of Advocates and Pinsent Masons, they argue that it does not make sense to have a statutory code for one type of lease, given that there are rules in case law that apply to various areas of law and not just commercial leases. The bill is very narrow—it is not broad and it does not cover many aspects of leases. Would it work to have what is proposed in the bill for something that is actually very narrow? Is that practical or do you agree with the position that is offered by the Faculty of Advocates and Pinsent Masons?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

The general approach to the bill has generated a fair amount of discussion. Obviously, you will have heard the previous evidence session, and we had an evidence session last week, too. Is the general approach to reform in the bill the right one for landlords and tenants, or would it be more appropriate to, say, abolish tacit relocation?

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 6 May 2025

Stuart McMillan

Is the committee content with the document?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 6 May 2025

Stuart McMillan

In relation to the document, does the committee wish to highlight to the Local Government, Housing and Planning Committee its correspondence with the Scottish Public Services Ombudsman?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Are there any other points or comments about the bill that witnesses would like to put on the record? We had the earlier evidence session this morning, and we heard from two panels of witnesses last week. Are there any particular points that you would like to pick up on from any of them?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Thank you very much. I will now hand over to Roz McCall.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

No problem. I call Bill Kidd.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Do you believe that there is a power imbalance between landlords and tenants, or between large and small businesses? If so, do the provisions in the bill address that issue?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Thank you. Roz McCall has questions.