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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 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

Before I bring in Rona Mackay, I have a question on the comment that you made a moment ago about the rigid rules offering no flexibility, in contrast to common law, which does have flexibility. The purpose of this type of legislation, and other bills that the committee has looked at, is to update the law and to try to respond to the change that has taken place in society compared to when the legislation was first put in place, in order to help the economy. From what is in the bill and the engagement that you have had through your work as a commissioner, will the new rules assist businesses to ensure that they can become more competitive and help Scotland’s economy?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

That is true. Thank you very much.

09:45  

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 29 April 2025

Stuart McMillan

Welcome to the 14th meeting in 2025 of the Delegated Powers and Law Reform Committee. We have received apologies today from the deputy convener, Bill Kidd; in his place, I welcome Rona Mackay.

I remind everyone to switch off or put to silent mobile phones and electronic devices.

The first item of business is to decide whether to take items 5, 6, 7 and 8 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 29 April 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 29 April 2025

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 29 April 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Under agenda item 4, we are taking evidence on the Leases (Automatic Continuation etc) (Scotland) Bill. Before we begin, I put on the record that all members of this committee rent office premises, in our capacity as members of the Scottish Parliament. Although that does not represent a declarable interest in the bill, we want to put that fact on the record, given that the subject matter of the bill concerns commercial leases.

For our first panel today, I welcome David Bartos, former lead commissioner, and Rachel Rayner, chief executive, of the Scottish Law Commission. Before we begin, on behalf of the committee, I thank you, David, for your contributions as lead commissioner to the “Report on Aspects of Leases: Termination” during your five-year tenure at the Scottish Law Commission. You clearly enjoyed that piece of work, and given that we have the bill before us today, we thank you for that.

Before we start, I remind you not to worry about turning on the microphones during the session as they are controlled by broadcasting. If you would like to come in on a question, please raise your hand or indicate to the clerks. There is no need to answer every question; you can simply indicate that a question is not for you to respond to. However, please feel free to follow up in writing any question after the meeting, if you wish.

I now move to questions and I will open the questioning before handing over to colleagues.

First, can you summarise what the main problems are with the current law on commercial leases and how the bill seeks to address those problems?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

I have a supplementary question on sections 27 and 28. If someone is going to send a termination document to an address within the UK, does it matter whether that address is for the actual landlord or can it be for an agent acting for the landlord?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

I welcome our second panel of witnesses. Steven Blane is a senior associate at Pinsent Masons; Kieran Buxton is an associate at Burges Salmon LLP; Fergus Colquhoun is a member of the Faculty of Advocates; and Carolyne Hair is a member of the sub-committee on property and land law reform at the Law Society of Scotland.

I note that Rona Mackay will have to leave at 11:45 if our meeting is still in session.

I will open the questions. Do our witnesses think that the law on tacit relocation needs to be reformed and, if so, what are the current main problems? I put that question to Fergus Colquhoun first.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Stuart McMillan

Thank you very much. Rachel, would you like to add anything?