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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 30 April 2025
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Displaying 2046 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

Yes, please.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

That was Burges Salmon, which we will be hearing from.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

I have a supplementary to Rona’s question. If the approach was consistent and both tenant and landlord had to provide notice in writing, would that not provide clarity for both parties, in contrast to when one can be done verbally?

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.  

10:37&Բ;&Բ;ܳԲ—&Բ;&Բ;

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.