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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 5 May 2021
  6. Current session: 12 May 2021 to 21 June 2025
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Displaying 1306 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

I return to Carolyne Hair of the Law Society. We will get into the detail of the bill in a moment through our questions. First, considering the bill holistically and taking an overview, do you think that it goes too far and brings about too much change? I was not quite sure what your position was regarding the general principles of the bill. Is it too wide in its scope, and does it need to be pared back?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

We might seek to amend the bill; I am just trying to get some expertise from practitioners. If I were to lodge a stage 2 amendment to stipulate “28 days”, “30 days” or “50 days”, what would be reasonable, from a practitioner’s perspective?

11:15  

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

On that issue—others can pick this up—we heard that, in other jurisdictions, there is a much more fixed way of doing it. For example, there can be a 30-day period. Not necessarily from a practitioner’s point of view, but from the perspective of your clients, would that be too much of a change to the law?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Carolyne, I appreciate that you have not consulted your members, so you might not want to answer that question.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Thank you all for coming along this morning. I want to go back to sections 4 and 5, which Carolyne Hair commented on. She and others have said that there is a lack of clarity and too much ambiguity in the drafting. If you are not happy with the drafting as it is, what would you like to see in its place?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

I appreciate that, as members of the judicial sector, you might regret answering this question, but, in one sentence, what would you define as “a reasonable period”? If you were advising a client who was coming in today, what would you say to them was a reasonable time?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

We all understand, and it has become clear this morning, that this is a complicated bill and area of law at the moment. What other parts of the bill are overcomplicated? Could they be simplified?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Does the faculty have a view?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Fergus, I am a wee bit confused on where the Faculty of Advocates is on the bill. Do you want it to be withdrawn, thought about again and fundamentally rewritten?

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 24 April 2025

Jeremy Balfour

We have previously debated, both publicly and privately, the place of guidance instead of making provisions in the bill itself. Does guidance go far enough, given that it has no legal authority and can be changed without any scrutiny by this Parliament? Is there at least some room for secondary legislation or for including provision in the bill itself to give that aspect greater prominence in the years to come?