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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 9 August 2025
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Displaying 914 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 January 2023

Bill Kidd

Under agenda item 3, we are considering three instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 31 January 2023

Bill Kidd

I now move the committee into private.

10:12 Meeting continued in private until 10:51.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 January 2023

Bill Kidd

Thank you. That is now on the record.

The instrument is made under the Tribunals (Scotland) Act 2014 and the Cost of Living (Tenant Protection) (Scotland) Act 2022. The instrument amends the First-tier Tribunal’s existing procedural rules to make provision for new rules to accommodate the new appeal mechanism that is created by the Cost of Living (Tenant Protection) (Scotland) Act 2022.

In line with standard drafting practice, the title of the instrument should read the “First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2023”. The Scottish Government has apologised for this oversight but has said that it will not be taking any corrective action, as it is content that the title is not misleading and adequately highlights the purpose of the regulations.

The instrument also breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, whereby instruments that are subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 17 January 2023 and came into force on 24 January 2023. It therefore does not comply with the laying requirements under the 2010 act.

In correspondence with the Presiding Officer, the Scottish Government stated that the breach was necessary, as it is now possible for landlords to increase their rents in response to an increase in prescribed property costs, and the instrument requires to be brought into force urgently to create the necessary procedural rules should any appeal be brought against the decision of a rent officer.

Does the committee wish to draw the instrument to the Parliament’s attention on the general reporting ground, in that “(Procedure)” was omitted from the title of the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 24 January 2023

Bill Kidd

Okay. A note has been taken of that.

As there are no further comments on the two instruments, is the committee content with them?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 24 January 2023

Bill Kidd

Is the committee content with the instruments?

Members indicated agreement.

10:03 Meeting continued in private until 11:16.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 24 January 2023

Bill Kidd

Does anyone have any comments to make on the instruments?

Delegated Powers and Law Reform Committee

Interests

Meeting date: 24 January 2023

Bill Kidd

Thank you. I welcome Carol Mochan to the committee.

Before we move to the next item on the agenda, I take this opportunity, on behalf of the committee, to thank Paul Sweeney for his contribution to the work of the committee. I know that he will do well on whatever committee he moves to.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 24 January 2023

Bill Kidd

Welcome to the third meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from our convener, Stuart McMillan MSP. In his place, I welcome Jenni Minto MSP. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent, which I have just done.

The first item of business is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Carol Mochan MSP to declare any interests that are relevant to the committee’s remit.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 24 January 2023

Bill Kidd

Under agenda item 4, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 24 January 2023

Bill Kidd

Under agenda item 3, we are considering two instruments, on which no points have been raised.