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Last updated: 4 June 2025

SPBill45AS062025

Matters arising from referral to rent officer or application to First-tier Tribunal 43S Tenant’s liability for underpaid rent (1) This section applies where–– (a) the rent payable under a current tenancy has been changed by an order 10 made under— 1 (i) section 43M(2) or (3), (ii) section 43P(2) or (3), or (iii) section 43R(2)(b) or (4)(a) or (b), (b) the effective date stated in the order (“the actual effective date”) falls 15 later than the date on which the rent would have been increased in accordance with section 43J(4) had a referral to a rent officer not been made under section 43L(2) or, as the case may be, had an application to the First-tier Tribunal not been made under section 43Q(1) (“the originally proposed effective date”), and 20 (c) the rent payable from the actual effective date (“the new rent”) is more than the rent payable immediately before that date (“the old rent”). (2) On the date the order is made the tenant becomes liable under this subsection to pay the landlord the difference between–– (a) the amount that would have been payable in rent between the originally 25 proposed effective date and the actual effective date had the new rent been the rent payable from the originally proposed effective date, and (b) the amount that should have been paid in rent during the same period (whether or not it was actually paid). (3) Subsection (4) applies if, at the end of the day falling 28 days after a tenant’s 30 liability under subsection (2) arose, that liability is (in whole or in part) still outstanding. (4) For the purposes of paragraph 12 of schedule 3, the liability mentioned in subsection (3) is to be regarded as a sum that fell to be paid by way of rent on the day the liability arose. 35 (5) In this section, a reference to a period between two dates includes both of those dates. 32 Housing (Scotland) Bill Part 1—Rent Chapter 2—Rent control areas: modifications of the 2016 Act 43T Withdrawal of referral or request for review by rent officer or application to First-tier Tribunal (1) This section applies— (a) where a referral to the rent officer made under section 43L(2) is 5 withdrawn by the tenant, (b) where— (i) a request for a review by another rent officer made under section 43O(1) is withdrawn by one party, and (ii) either— 10 (A) the other party has not requested a review in respect of the 1 tenancy in question, or (B) any request for a review by the other party has been withdrawn, or (c) where an application to the First-tier Tribunal made under section 43Q(1) 15 is withdrawn by the tenant. (2) The order maker must make an order under section 43M(2) or (3), section 43P(2) or (3), or section 43R(2)(b) or (4)(a) or (b) (as the case may be), stating that from the effective date the rent payable under the current tenancy concerned is the lower of— 20 (a) the rent specified in the rent-increase notice, and (b) the rent payable under the tenancy as increased by the permitted rate. (3) Where the order maker is another rent officer in relation to the making of an order under section 43P(2) or (3), an order may not be made by virtue of subsection (2) until the expiry of the period within which a request for a review 25 made under section 43O(1) may be made. (4) In subsection (2)— “order maker” means— (a) in the case of the making of an order under section 43M(2) or (3), the rent officer, 30 (b) in the case of the making of an order under section 43P(2) or (3), another rent officer, (c) in the case of the making of an order under section 43R(2)(b) or (4)(a) or (b), the First-tier Tribunal, “the rent-increase notice” means the rent-increase notice that, as the case 35 may be— (a) prompted the referral to the rent officer, (b) led to the request for review by another rent officer, or (c) led to the application to the First-tier Tribunal.”. 33 Housing (Scotland) Bill Part 1—Rent Chapter 3—Other restrictions on rent increases C HAPTER 3 O THER RESTRICTIONS ON RENT INCREASES Frequency of rent increases 21 Private residential tenancies not in rent control area: frequency of rent increase 5 (1) The 2016 Act is modified as follows. (2) In section 19 (frequency with which rent may be increased)— (a) in subsection (1), for the words “more than once in a 12 month period” substitute “— (a) during the first 12 months of the tenancy except in such circumstances 10 as may be prescribed by the Scottish Ministers in regulations, 1 (b) more than once in any other 12 month period”, (b) in subsection (2), for “subsection (1)” substitute “subsection (1)(b)”.
Committee reports Date published: 8 October 2025

Subordinate Legislation considered by the Delegated Powers and Law Reform Committee on 7 October 2025

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (“the 2010 Act”), instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than 4 days. Recess days are excluded for the purpose of counting the days...
Last updated: 25 November 2024

Moveable Transactions Scotland Act 2023 procedural rules

Searches, extracts and corrections Redaction of information from searches, extracts, and copies of assignation documents 19.—(1) Where an assignor is an individual, personal information relating to that assignor appearing in an entry to the RoA— (a) will not be available to any person searching the RoA, and (b) will not appear in any extract of an assignations record entry issued by the Keeper under section 35(2) of the Act. (2) Paragraph (1) does not apply to the assignor’s full date...
Last updated: 17 June 2021

SPBill01ENS062021accessible

The 7-day notice period applies to student residential tenancies entered into prior to 27 May 2020 where the accommodation was occupied prior to that date. 28. Paragraph 6 of schedule 1 (carer’s allowance supplement) modified the effect of Section 81 of the Social Security (Scotland) Act 2018.
Questions and Answers Date answered: 12 April 2023

S6W-17198

The deadline for lodging a petition necessitates doing so during recess but I will make a statement to Parliament after the Easter recess, subject to agreement of the parliamentary bureau.
Last updated: 14 October 2025

Letter from NZET to Committee Conveners on joint scrutiny of the draft Climate Change Plan 9 October

On 24 July, the Cabinet Secretary for Climate Action and Energy advised that, if the Regulations were agreed by October recess, the Scottish Government’s stated aim was to lay the draft around late October / beginning of November.
Last updated: 12 July 2023

NCS codesign update

We are currently considering necessary amendments to the NCS Bill to reflect this and will revert to the Committee after summer recess. Children’s services relating to the NCS Bill The Minister for Children, Young People and Keeping the Promise has written separately to the Committee and the Education, Children and Young People Committee on 23 June 2023 to ...
Last updated: 5 July 2022

ConvenersGroupLetter

It would be appreciated if you could respond to the Committee by 6 June in order that the Committee is able to report before the summer recess. Yours sincerely Martin Whitfield MSP Convener Standards, Procedures and Public Appointments Committee Annexe – summary of key issues to emerge from evidence Key views emerging from evidence on Chamber business There...
Last updated: 28 May 2024

SPBill28BS062024

Penalty for failure to make returns 15 43 Penalty for failure to make returns (1) A penalty is payable by a liable person (“P”) where P fails to make a return in accordance with section 23. (2) P is liable to a penalty under this section as determined by a relevant local authority. (3) In sections 44, 45 and 46 “penalty date”, in relation to a return, means the day after the 20 day on which a return must be made under section 23. 44 Three month penalty for failure to make return (1) P is liable to a penalty under this section if— (a) P's failure continues after the end of the period of 3 months beginning with the penalty date, 25 (b) the relevant local authority decides that such a penalty should be payable, and (c) the relevant local authority gives notice to P specifying the date from which the penalty is payable. (2) The penalty under this section is to be determined by a relevant local authority for each day that the failure continues during the period of 90 days beginning with the date 30 specified in the notice given under subsection (1)(c). (3) The date specified in the notice under subsection (1)(c)— (a) may be earlier than the date on which the notice is given, but (b) may not be earlier than the end of the period mentioned in subsection (1)(a). 26 Visitor Levy (Scotland) Bill Part 5—Enforcement of the levy and penalties Chapter 2—Penalties 45 Six month penalty for failure to make return (1) P is liable to a penalty under this section if P's failure continues after the end of the period of 6 months beginning with the penalty date. (2) The penalty under this section is to be determined by a relevant local authority. 5 46 Twelve month penalty for failure to make return (1) P is liable to a penalty under this section if P's failure continues after the end of the period of 12 months beginning with the penalty date. (2) Where, by failing to make the return, P deliberately withholds information which would enable or assist a relevant local authority to assess P's liability to pay the levy, the 10 penalty under this section is to be determined by a relevant local authority. 1 (3) In any case not falling within subsection (2), the penalty under this section is to be determined by a relevant local authority 47 Reasonable excuse for failure to make return (1) If P satisfies the relevant local authority that there is a reasonable excuse for a failure 15 to comply with section 23, liability to a penalty under sections 43 to 46 does not arise in relation to that failure. (2) For the purposes of subsection (1)— (a) an insufficiency of funds is not a reasonable excuse unless attributable to events outside P's control, 20 (b) where P relies on any other person to do anything, that is not a reasonable excuse unless P took reasonable care to avoid the failure, and (c) where P had a reasonable excuse for the failure but the excuse has ceased, P is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased. 25 Penalty for failure to pay levy 48 Penalty for failure to pay levy (1) A penalty is payable by a liable person (“P”) where— (a) P fails to pay the total amount of the levy payable in accordance with section 26(2), 30 (b) the local authority has reminded P that payment is due, and (c) the period of 14 days beginning with the day on which the reminder is given expires without payment having been made. (2) P is liable to a penalty as determined by a relevant local authority. (3) If any amount of the levy remains unpaid after the end of the period of 5 months 35 beginning with the penalty date, P is liable to an additional penalty as determined by a relevant local authority. 27 Visitor Levy (Scotland) Bill Part 5—Enforcement of the levy and penalties Chapter 2—Penalties (4) If any amount of the levy remains unpaid after the end of the period of 11 months beginning with the penalty date, P is liable to an additional penalty as determined by a relevant local authority. (5) In this section, “penalty date”, in relation to an amount of the levy, means the day after 5 the day on which the period mentioned in subsection (1)(c) expired. 49 Reasonable excuse for failure to pay levy (1) If P satisfies the relevant local authority that there is a reasonable excuse for a failure to comply with section 26, liability to a penalty under section 48 does not arise in relation to that failure. 10 (2) For the purposes of subsection (1)— 1 (a) an insufficiency of funds is not a reasonable excuse unless attributable to events outside P's control, (b) where P relies on any other person to do anything, that is not a reasonable excuse unless P took reasonable care to avoid the failure, and 15 (c) where P had a reasonable excuse for the failure but the excuse has ceased, P is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased.
Last updated: 25 September 2024

Budget_CabSecFLGToConvener_24Sep24

This letter responds on these points. Budget Date I can confirm that I will proceed on the basis of delivering the 2025-26 Scottish Budget in Parliament on 4 December 2024, with introduction of the Budget Bill two weeks later, on 18 December.

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