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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 6 July 2025
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Displaying 2221 contributions

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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?

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?