Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 3, 2017

Official Report 426KB pdf

Instruments subject to Affirmative Procedure

Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 [Draft]

The Private Housing (Tenancies) (Scotland) Act 2016 introduces a new type of tenancy for all future lets in the private rented sector. Regulation 5(2)(b) of the draft regulations will amend paragraph 82 of the schedule to the Letting Agent Code of Practice (Scotland) Regulations 2016 (SSI 2016/133), which is on visiting and entering property, so that part of the paragraph reads:

“Section 184 of the Housing (Scotland) Act 2006 specifies that at least 24 hours’ notice must be given, or 48 hours’ notice where the tenancy is a private residential tenancy, unless the situation is urgent”.

Regulation 5(2)(b) could have been drafted more clearly, given that the 48 hours’ notice period is set out not in section 184 of the 2006 act but in paragraph 6 of the schedule to the draft Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017, which were laid before the Parliament on 14 September. The Scottish Government has undertaken to include a provision to clarify the matter in an instrument that will amend SSI 2016/133 prior to those regulations coming into force on 31 January 2018.

Does the committee agree to draw these regulations to the Parliament’s attention on reporting ground (h), as the meaning of regulation 5(2)(b) could be clearer in a particular respect?

Members indicated agreement.

Does the committee wish to welcome the Scottish Government’s undertaking that it will clarify the matter in an amending instrument?

Members indicated agreement.

No points have been raised by our legal advisers on the following two instruments.

Scotland Act 1998 (Insolvency Functions) Order 2017 [Draft]

Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 [Draft]

Is the committee content with the instruments?

Members indicated agreement.