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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 17 June 2025
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Displaying 2194 contributions

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Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Thank you. I will ask a final question before I bring in Roz McCall.

In the information that we have received from the Faculty of Advocates and Pinsent Masons, they argue that it does not make sense to have a statutory code for one type of lease, given that there are rules in case law that apply to various areas of law and not just commercial leases. The bill is very narrow—it is not broad and it does not cover many aspects of leases. Would it work to have what is proposed in the bill for something that is actually very narrow? Is that practical or do you agree with the position that is offered by the Faculty of Advocates and Pinsent Masons?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

The general approach to the bill has generated a fair amount of discussion. Obviously, you will have heard the previous evidence session, and we had an evidence session last week, too. Is the general approach to reform in the bill the right one for landlords and tenants, or would it be more appropriate to, say, abolish tacit relocation?

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 6 May 2025

Stuart McMillan

Is the committee content with the document?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 6 May 2025

Stuart McMillan

In relation to the document, does the committee wish to highlight to the Local Government, Housing and Planning Committee its correspondence with the Scottish Public Services Ombudsman?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

Are there any other points or comments about the bill that witnesses would like to put on the record? We had the earlier evidence session this morning, and we heard from two panels of witnesses last week. Are there any particular points that you would like to pick up on from any of them?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

I will follow up Bill Kidd’s question. Dr Brown, a few moments ago, you said—I jotted it down, but the Official Report will give me the full wording—something along the lines of there being a perception that the law is not working: the law is fine, but some people do not know what it actually is. Do you have any indication as to what the level of that perception is and how many practitioners do not know the law?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

That is helpful. Thank you.

Do you have any further comments about the bill that you would like to put on record, or about any arguments that were made in response to the committee’s call for views during last week’s evidence session?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

I think that the phrase that was used earlier by the two panellists was that the bill required substantial change.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

What impact will the proposed reforms have on the economy and on businesses in general? We have had SLC bills before, and a key element of them has been to update the law to make specific parts of it better in relation to economic opportunity. Obviously, that is what you are doing for Scotland’s economy—and thank you very much for that—but will the bill help in that respect?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 6 May 2025

Stuart McMillan

The FSB Scotland submission touches on that. Would you want it to be mandatory to set out what happens when you get to the lease end date, or would other language be used that would not make that mandatory?