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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 4 May 2021
  6. Current session: 13 May 2021 to 14 September 2025
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Displaying 989 contributions

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Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

So you are satisfied that there will not be litigation.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

What is your view on the point that was put to the committee that vagueness in the bill’s language in some places, such as the use in section 5 of the term “within a reasonable period”, will lead to litigation, and that it should be replaced with definite and measurable—although less flexible—timescales such as 30 days? What is your view on that vagueness?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Are you satisfied that oral notice is workable? You have given it thought and you believe that it is workable.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

As you know, a range of representations have been made to us. What is your view of the arguments that have been made to the committee that criticise the proposal to allow tenants to give notice orally when a lease has a term of less than one year?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Thank you—that is very helpful.

What is your view on the argument that the provisions on giving notice in the Sheriff Courts (Scotland) Act 1907 should be reviewed more generally and potentially repealed? Have you considered that?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Okay—thank you.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

So the current practice is what happens now.

What is your view of the arguments of the Scottish Property Federation and the Federation of Small Businesses that section 23(2)(b) should be amended so that the parties to a lease can negotiate a clause whereby the landlord would be required to provide a longer notice period than the tenant? Have you given thought to that, minister?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

One of the concerns about the bill is that it will lead to more litigation. That is a political issue, not just a legal one.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

What is your view of the arguments that have been made to the committee that it is not desirable to change the existing terminology on the law of tacit relocation in the bill? Is there any particular reason why you want to get rid of the terminology, given that it is a tenet of Scots law?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

What is your view on the argument that the bill needs to clarify the rules on serving notice to trusts and unincorporated associations?