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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 5 May 2021
  6. Current session: 12 May 2021 to 15 June 2025
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Displaying 350 contributions

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Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Roz McCall

That is fine.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Roz McCall

I think that you have already answered this question, so I am only asking to get clarity. The subordinate legislation under section 21 can amend primary legislation, but, as you have already highlighted, bodies such as the Electoral Commission do not want to get involved in that. Are you happy that the issue of changing primary legislation has been covered by the Electoral Commission’s submission? If not, would it be better to limit that power? I think that you have already answered that question, but I want to highlight that.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

Yes.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

I am interested in your views on the various suggestions that have been made to tighten up the definitions in part 1 and schedule 1 in relation to excluding movables from the bill, mixed uses of land in rural areas, and grazing and mowing leases. Those are just a few examples—there is a big list of suggestions.

What are your views of the argument that was made by the Faculty of Advocates and the academics who gave evidence to the committee that having a statutory regime for the automatic continuation of commercial leases and a common law regime for agricultural and other leases will create unnecessary complexity?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

May I come back in on that point? I am sorry to interrupt, minister—that was rude of me. As we are looking at a bill that is meant to make the law more accessible, I see a slight contradiction in that we are also looking at what we do now with the law as it stands. If we have the opportunity to make it better and more accessible, should we consider doing that at this stage?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

In that case, I have no more questions.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

The Scottish Law Commission has consulted on the Tenancy of Shops (Scotland) Act 1949 and has proposed that the bill be amended to implement its recommendation on that act. We have had mixed representations on that—some people are in favour of repealing the 1949 act, while others would prefer separate legislation to be used to reform it.

Is it the Scottish Government’s intention to use the bill to repeal the Tenancy of Shops (Scotland) Act 1949? If so, could you explain the rationale behind that?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

For clarity, the Federation of Small Businesses is concerned that the 1949 act should not be repealed without something else being put in its place. Will that be clarified?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

Okay. Thank you. Please continue, minister.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Roz McCall

Thank you, minister. That is all very helpful. I have an additional question regarding the termination of leases with the telecommunications and electricity sector. Have you had any contact with the UK Government on how the bill might affect the termination of such leases?