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Last updated: 9 April 2024

PB_2023_Paper164

S6M-11244: Sarah Boyack: Recognising Edinburgh’s Housing Emergency - That the Parliament notes the cross-party decision of City of Edinburgh Council to declare a housing emergency on 2 November 2023; is concerned at what it considers is the extreme nature of the emergency that Edinburgh is facing, with, it understands, approximately 5,000 households in temporary accommodation, a severe shortage of social homes and unsustainable rises in private sector rents in the city, in spite, it believes, of the Cost of Living (Tenant...

Last updated: 7 March 2024

20240305_Alcohol Focus Scotland to HSCS Convener_MUP

These categories are based on information included in the valuation roll, which includes descriptions of the type of business, company name of the main proprietor, tenant or occupier. The valuation roll is somewhat inconsistently kept and may not include all of this information or may choose to label businesses as “shops” or “supermarkets” with no clear del...

Last updated: 28 September 2023

Bill as Introduced

Section 8. 28 Agriculture (Miscellaneous Provisions) Act 1954 The whole Act. 29 Agriculture Act 1957 The whole Act. 30 30 Agriculture Act 1958 In section 9(1), the definitions of “agricultural holding”, “lease”, ““landlord” and “tenant””, “Land Court”, “Scottish Act of 1948” and “Scottish Act of 1949”. 26 Agriculture and Rural Communities (Scotland) Bill Sc...

Last updated: 21 March 2023

SPBill24S062023

Muirburn licences 10 Application for muirburn licence 30 (1) An owner or occupier of land may apply for a licence permitting muirburn to be made, for a purpose mentioned in subsection (2), on the land to which the application relates. (2) The purposes are— (a) where the land to which the application relates is not peatland— (i) managing the habitats of moorland game or wildlife, 35 (ii) improving the grazing potential of moorland for livestock, (iii) conserving, restoring, enhancing or managing the natural environment, 15 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing (iv) preventing, or reducing the risk of, wildfires causing harm to people or damage to property, (v) research, (b) where the land to which the application relates is peatland— 5 (i) restoring the natural environment, (ii) preventing, or reducing the risk of, wildfires causing damage to habitats, (iii) preventing, or reducing the risk of, wildfires causing harm to people or damage to property, (iv) research. 10 (3) An application under subsection (1)— 1 (a) must be made— (i) to the Scottish Ministers, and (ii) in such manner and form as the Scottish Ministers may require, (b) must— 15 (i) identify the land to which the application relates, specifying whether the land is or is not peatland, (ii) specify for which of the purposes mentioned in subsection (2)(a) or, as the case may be, (b) muirburn is proposed to be made, and (iii) include or be accompanied by such other information as the Scottish 20 Ministers may require, and (c) must be accompanied by payment of such reasonable fee as the Scottish Ministers may require. (4) The Scottish Ministers must publicise any requirements which are for the time being set under subsection (3)(a)(ii), (b)(iii) or (c). 25 (5) The Scottish Ministers may, by regulations, modify the lists of purposes in paragraphs (a) and (b) of subsection (2) so as to amend, remove or add to the purposes for the time being mentioned in those lists. (6) Before making regulations under subsection (5), the Scottish Ministers must consult— (a) Scottish Natural Heritage, and 30 (b) such other persons as they consider likely to be interested in or affected by the licensing of muirburn. (7) Regulations under subsection (5) are subject to the affirmative procedure. (8) It is an offence for a person to knowingly or recklessly make any statement which is false in any material particular for the purpose of obtaining a muirburn licence. 35 (9) A person who commits an offence under subsection (8) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 16 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing 11 Grant of muirburn licence (1) The Scottish Ministers may grant a licence permitting muirburn to be made on land to which an application under section 10 relates for a purpose specified in the application only if— 5 (a) they consider it appropriate to do so, having regard in particular to the applicant’s compliance with the Muirburn Code, and (b) where the land to which the application relates is peatland, they are satisfied that— (i) the making of muirburn is necessary for the specified purpose, and (ii) no other method of vegetation control is available. 10 (2) A licence granted under subsection (1) may permit muirburn to be made for the purposes 1 mentioned in section 10(2)(a)(i) and (ii) only during the muirburn season. (3) The Scottish Ministers may, if they consider it appropriate to do so, grant a licence under subsection (1) in relation to only some of the— (a) land to which the application relates, 15 (b) purposes specified in the application. (4) In this Part, “muirburn licence” means a licence granted under subsection (1). 12 Muirburn licences: content and conditions (1) A muirburn licence must— (a) specify the person to whom it is granted, 20 (b) identify, by reference to a map, the land to which the licence relates, (c) specify— (i) whether the land to which the licence relates is not peatland or is peatland, and (ii) for which of the purposes mentioned in section 10(2)(a) or, as the case may 25 be, (b) the licence permits muirburn to be made, and (d) specify the period for which the licence is to have effect. (2) Every muirburn licence is subject to the following conditions— (a) the person to whom the licence is issued must have regard to the Muirburn Code, (b) a person intending to make muirburn on land to which the licence relates must— 30 (i) have regard to the Muirburn Code, and (ii) comply with the requirements of section 15. (3) The Scottish Ministers may, if they consider it appropriate to do so, specify in a muirburn licence additional conditions to which the licence is subject. (4) Conditions which may be specified under subsection (3) include, in particular— 35 (a) provisions of the Muirburn Code, (b) conditions as to the persons, or types of person, who may make muirburn on the land to which the licence relates, (c) conditions as to the reporting of activities carried out under the licence, 17 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing (d) further conditions as to the giving of notice prior to the making of muirburn on the land to which the licence relates. (5) Different conditions may be specified under subsection (3) for different purposes, including in particular— 5 (a) different conditions for different times of the year, and (b) different conditions for different land. 13 Modification, suspension and revocation of muirburn licence (1) The Scottish Ministers may— (a) modify a muirburn licence at any time, 10 (b) suspend or revoke a muirburn licence if they are satisfied that a relevant person 1 has committed an offence under this Part, (c) suspend a muirburn licence if, despite not being satisfied as mentioned in paragraph (b)— (i) there is an official investigation or proceedings in relation to an offence 15 under this Part, and (ii) they are satisfied that if the suspect in the investigation or, as the case may be, the accused in the proceedings were convicted of the offence, they would then be satisfied as mentioned in paragraph (b). (2) The Scottish Ministers must give the person to whom the muirburn licence was issued 20 written notice of the modification, suspension or revocation of the licence. (3) Notice under subsection (2) must give reasons for the modification, suspension or revocation of the muirburn licence. (4) The modification, suspension or revocation of the licence may not take effect until the end of— 25 (a) the period of 14 days beginning with the day on which notice under subsection (2) is given, or (b) such other period as the Scottish Ministers consider appropriate and specify in the notice. (5) A muirburn licence is of no effect while suspended. 30 (6) A court which convicts a person of an offence under this Part must notify the Scottish Ministers (or Scottish Natural Heritage if the functions under this section have been delegated to that body under section 17) of the conviction. (7) In this section— “official investigation” means an investigation by the Police Service of Scotland 35 or any other body that has as one of its functions reporting, for consideration of the question of prosecution, offences alleged to have been committed, “relevant person” means— (a) the person to whom the muirburn licence was issued, (b) any other person involved in managing the land to which the muirburn 40 licence relates. 18 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing Making muirburn 14 Muirburn Code (1) The Scottish Ministers must prepare a code (the “Muirburn Code”) in relation to how to make muirburn safely and appropriately. 5 (2) The Muirburn Code may, in particular, include provision as to— (a) how the thickness of a layer of peat is to be determined, (b) the times of day muirburn may be made, (c) safety requirements when making muirburn. (3) The Scottish Ministers must review and, if they consider it appropriate, revise the 10 Muirburn Code by the end of each review period. 1 (4) The Scottish Ministers must publish the Muirburn Code prepared under subsection (1) and any revised code under subsection (3) as soon as practicable after it is prepared or, as the case may be, revised. (5) The Scottish Ministers must, in preparing or reviewing the Muirburn Code, consult— 15 (a) Scottish Natural Heritage, and (b) such other persons as they consider likely to be interested in or affected by the making of muirburn. (6) Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 17. 20 (7) In this section, “review period” means— (a) the period of 5 years beginning with the day on which section 9 comes into force, and (b) each subsequent period of 5 years. 15 Notice of muirburn activity 25 (1) A person who intends to make muirburn must give notice in writing under this section to— (a) the owner of the proposed muirburn site (if different from the person making the muirburn), and (b) any occupier of land situated within 1 kilometre of the proposed muirburn site. 30 (2) Notice need not be given to a person (“A”) under this section if A has given notice in writing to the person intending to make muirburn that A wishes not to be notified of any intention to make muirburn. (3) Where there are 10 or more occupiers of land situated within 1 kilometre of the proposed muirburn site, the person intending to make muirburn may, instead of giving notice 35 under subsection (1)(b) to each occupier separately, notify those occupiers collectively— (a) by placing a notice in at least one newspaper circulating in the area which includes the proposed muirburn site, or (b) by such other method as the Scottish Ministers may specify (whether in the Muirburn Code or otherwise). 19 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing (4) The Scottish Ministers must publicise any method for the time being specified (otherwise than in the Muirburn Code) for the purposes of subsection (3)(b). (5) Notice under subsection (1) must— (a) be given not less than 7 days before the muirburn is made, 5 (b) identify the proposed muirburn site (or sites), (c) inform the person to whom notice is given (“A”) that A may require the person intending to make muirburn to provide further information in relation to— (i) the dates on or between which the muirburn is intended to be made, (ii) the proposed muirburn site (or sites), and 10 (iii) the approximate extent of the proposed muirburn. 1 (6) Where the owner of the proposed muirburn site or an occupier of land situated within 1 kilometre of the proposed muirburn site requests any of the further information mentioned in subsection (5)(c), the person intending to make the muirburn must make reasonable efforts to comply with the request no later than the end of the day before 15 the muirburn is made. (7) Any notice required to be given to an owner of land under this section may be given to any person purporting to be authorised by the owner to receive the notice. (8) Any notice required to be given under this section may, as an alternative to being given by a method specified in section 26 of the Interpretation and Legislative Reform 20 (Scotland) Act 2010, be given— (a) by leaving it at an address to which it may be sent by virtue of subsection (2)(b) of that section, or (b) where the identity of an occupier cannot, after reasonable inquiry, be ascertained by— 25 (i) addressing the notice to “Any occupiers of the land” (describing it), and (ii) affixing it to some conspicuous object on the land. 16 Muirburn season (1) For the purposes of this Part, the muirburn season is the period of time from 1 October in any year to 15 April in the following year. 30 (2) The Scottish Ministers may, by regulations, amend the dates in subsection (1) to extend or reduce the muirburn season. (3) The Scottish Ministers may make regulations under subsection (2) only if they consider it necessary or expedient to do so— (a) in relation to climate change, or 35 (b) for the purpose of— (i) conserving, restoring, enhancing or managing the natural environment, (ii) preventing, or reducing the risk of, wildfires causing harm to people or damage to property. 20 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing (4) The power under subsection (2) (by virtue of section 25) to make different provision for different purposes includes in particular power to make different provision for— (a) different land (for example, land at different altitudes), (b) different years. 5 (5) Before making regulations under subsection (2), the Scottish Ministers must consult— (a) Scottish Natural Heritage, and (b) such other persons as they consider likely to be interested in or affected by the making of muirburn. (6) Regulations under subsection (2) are subject to the affirmative procedure. 10 Miscellaneous 1 17 Delegation (1) The Scottish Ministers may delegate the following functions to Scottish Natural Heritage— (a) the application and granting of muirburn licences under sections 10, 11 and 12, 15 (b) the modification, suspension and revocation of muirburn licences under section 13, (c) the preparation, publication, review and revision of the Muirburn Code under section 14, (d) the functions in relation to the methods by which notice of the making of muirburn 20 may be given conferred by section 15(3)(b) and (4). (2) Any delegation must be made by written direction. (3) Unless it specifies otherwise, a delegation under this section includes power to modify, suspend or revoke licences granted before the direction is made. (4) The Scottish Ministers may modify or revoke a direction. 25 (5) Any licence which is in effect at the time a direction is revoked continues in effect following the revocation of the direction (unless the revocation specifies otherwise). 18 Interpretation of Part (1) In this Part— “making muirburn” includes the setting of fire to or burning of heather or other 30 vegetation, “Muirburn Code” is to be construed in accordance with section 14(1) and includes any supplementary material, “muirburn licence” has the meaning given in section 11(4), “muirburn season” is to be construed in accordance with section 16(1), 35 “peat” means soil which has an organic content (that is, content consisting of living and dead plant and animal material) of more than 60%, “peatland” means land where the soil has a layer of peat with a thickness of more than 40 centimetres. 21 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing (2) The Scottish Ministers may, by regulations, amend the definition of “peat” and “peatland” in subsection (1). (3) Before making regulations under subsection (2), the Scottish Ministers must consult— (a) Scottish Natural Heritage, and 5 (b) such other persons as they consider likely to be interested in or affected by the making of muirburn. (4) Regulations under subsection (2) are subject to the affirmative procedure. 19 Repeals and consequential amendments (1) The Hill Farming Act 1946 is amended as follows. 10 (2) Sections 23 to 23C are repealed. 1 (3) In section 24 (right of tenant...

Last updated: 7 March 2023

BB20191209

Supported by: Joan McAlpine, Clare Adamson, Christine Grahame, Johann Lamont, Jackie Baillie, Liam McArthur, John Finnie, David Stewart, Miles Briggs, Alison Harris, Edward Mountain, Finlay Carson, Jamie Halcro Johnston, Jamie Greene, Sandra White, Bill Kidd, Richard Lyle, Rona Mackay, Mike Rumbles, Annie Wells, Murdo Fraser, Tom Mason, Brian Whittle, Jeremy Balfour, Sarah Boyack, Stuart McMillan, Jackson Carlaw, Maurice Golden, Ruth Davidson, Rachel Hamilton, Claire Baker, Rhoda Grant, Dean Lockhart, Michelle Ballantyne, Alexander Stewart, Donald Cameron, Adam Tomkins, Liam Kerr, Peter Monday 9 December 2019 20 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Members' Bills Proposals | Molaidhean airson Bilean Buill Chapman, Maurice Corry, Bill Bowman, Elizabeth Smith, Alexander Burnett, Graham Simpson, James Kelly, *Oliver Mundell Pauline McNeill MSP: Proposed Fair Rents (Scotland ) Bill—Proposal for a Bill to protect private sector tenants...

Last updated: 25 May 2022

Murdo Fraser Consultation document final

The case studies below give a flavour of the issues experienced recently by farmers and landowners. Case Study 1: Fife A tenant farmer in Fife was the victim of fly-tipping on the land where he farms.

Last updated: 20 December 2023

Budget_DFMToConvener_19Dec23

The Promise Scotland will offer early opportunities for relevant Cabinet Secretaries to visit settings across Scotland that will help to illustrate some specific examples of reform opportunities.

Official Report Meeting date: 2 March 2016

Infrastructure and Capital Investment Committee 02 March 2016

It will have a lasting positive impact on the lives of tenants and homeowners across the country.

Official Report Meeting date: 3 December 2020

Meeting of the Parliament (Hybrid) 03 December 2020

The fear of infection during the pandemic has been very real for tenants in Scotland. I welcome the news today that an eviction ban will be put in place.

Official Report Meeting date: 30 May 2019

Public Petitions Committee 30 May 2019

The SFHA expressed a similar view, in that it expressed sympathy with the petitioner’s aims but did not feel that legislation is required to allow tenants to keep pets. Most, if not all, SFHA members allow pet ownership, subject to responsible pet ownership policies.

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