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Seòmar agus comataidhean

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 29 August 2025
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Displaying 1311 contributions

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Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

We all understand, and it has become clear this morning, that this is a complicated bill and area of law at the moment. What other parts of the bill are overcomplicated? Could they be simplified?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Does the faculty have a view?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Fergus, I am a wee bit confused on where the Faculty of Advocates is on the bill. Do you want it to be withdrawn, thought about again and fundamentally rewritten?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

What was the position of practitioners in your consultation feedback? Is it your sense that they want a bit more flexibility rather than a rule that landlords have 30 days and then that is it?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Would you be happy with 28 days, Kieran?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Let us just say that we wanted to redraft section 5 of the bill and that we wanted to take out the term “reasonable period” and put in a period of time—a week, two days, 10 days, 30 days or whatever. Is there a period that you feel would define “reasonable”?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

I will have one more bite of the cherry and push a wee bit further. Despite the issues that have been raised by different parties on the complexity of the new rules on giving notice, will the rules work quite well in practice, once they get going and everyone is used to them?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

I will pick up on your final point. You said at the very start, and it is obvious, that the law is complex at the moment, and part of the aim of the bill is to try to simplify the law for practitioners and for tenants and small businesses, but I think that section 4 and section 5 leave some ambiguity. You just said that you do not think that those provisions could be drafted any more clearly. Will you explain why?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

Good morning, and thank you for coming along. I want to move on to sections 2 to 7 of the bill, on the statutory code. How will it work in practice, day to day?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Jeremy Balfour

My next question is for Steven Blane and Kieran Buxton. Is the day-to-day practice working? It may not be clear from an academic legal perspective, but are things working in practice? Are we in danger of making things more complicated in practice for both the landlord and the tenant?