Delegated Powers and Law Reform Committee

Meeting date: Tuesday, January 15, 2019

Official Report 589KB pdf

Instruments subject to Affirmative Procedure

Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 [Draft]

The general purpose of the regulations is to make amendments to the repairing standard, which is the statutory minimum standard for houses that are let under private tenancies, to improve the condition of those houses.

Regulation 3(2) modifies the list of criteria for a house to meet the repairing standard, which is contained in paragraphs (a) to (g) of section 13(1) of the Housing (Scotland) Act 2006. As section 13(1)(f) includes the word “and” at the end of that paragraph, the list of criteria is clearly cumulative. Regulation 3(2)(d) does not include an “and” after the new penultimate paragraph that is inserted by the regulation. Such an inclusion could make it clearer that the required criteria are cumulative rather than alternative.

Does the committee wish to draw the regulations to the attention of the Parliament on reporting ground (h), as the meaning of regulation 3(2)(d) could be clearer?

Members indicated agreement.

Does the committee wish to recommend that the Scottish Government withdraws and relays the draft regulations, to correct regulation 3(2)(d), as there appears to be time to do so?

Members indicated agreement.

We have two other affirmative instruments to consider, on which no points have been raised.

Housing (Scotland) Act 2006 (Supplemental Provision) Order 2019 [Draft]

Cremation (Scotland) Regulations 2019 [Draft]

Is the committee content with the instruments?

Members indicated agreement.