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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 19 June 2025
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Displaying 2203 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

In answering my initial question, you said that you were contacted about the issue in 2010. However, some of the evidence to the committee has the opposing view. Burges Salmon felt that the law on giving notice is clear due to the Rockford case. The Faculty of Advocates felt that a “thoroughgoing reform†of the law on tacit relocation is not needed. The faculty also thought that the new statutory code will be “broadly similar†to the existing practice. The Law Society of Scotland said that there is possibility for confusion, as the statutory code will operate alongside the common law during the transitional period that is set out in part 2 of schedule 2, which we will come on to. The Law Society also said that a statutory code will be less flexible than the common law.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Before other witnesses come in, I have a question. Are faxes still commonly used in legal activity?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Okay.

I thank you both for your helpful evidence. The committee might follow up in writing with any additional questions stemming from the meeting.

I suspend the meeting for up to five minutes to allow the panels to change and for a comfort break.

10:31 Meeting suspended.  

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Do you have any more comments on the bill or any of the arguments that you have made in response to the committee’s call for views?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Okay; that was merely a question, not a suggestion.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Can you explain why the decision was taken not to abolish tacit relocation as the default law for commercial leases?

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 29 April 2025

Stuart McMillan

Under agenda item 2, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

I thank the panel members for their helpful evidence this morning. The committee might follow up any further questions with you in writing. If you would like to put any other points regarding the bill on the record, please do so in writing. That would be very helpful.

That concludes the public part of the meeting.

11:56 Meeting continued in private until 12:17.  

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Jeremy Balfour has a brief supplementary question.

Public Audit Committee [Draft]

“Sustainable transport: Reducing car useâ€

Meeting date: 23 April 2025

Stuart McMillan

The report touches on the work across the Government and the work between the Government and local authorities. Once again, I will use my constituency as an example—I also gave this example during our meeting with the Auditor General. In Inverkip, following a planning process, a piece of land on which there used to be a power station will now be used for housing. The site is equidistant between Inverkip railway station and Wemyss Bay railway station, and the only way for people to get to those stations when the houses are built will be by car. There is not a great deal of parking space at Inverkip station, but there is plenty at Wemyss Bay station.

The issue of planning has come up in various fora over a number of years. For example, a few years ago, I went to a community council meeting at which, when questions regarding access and transport were posed, an individual who was then a councillor said, “It’s not up to the council to fix the trunk road; it’s up to the Scottish Government.†Surely a holistic approach is needed when any planning application is approved, so that all issues can be fully considered, as opposed to people saying, “Let’s just build some houses, and somebody else can try to fix the problems with access and transport.â€