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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 15 June 2025
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Displaying 1293 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

Good morning, minister.

We have taken a lot of evidence on this. Some people have given evidence that the law on giving notice in commercial leases may need to be changed. Others have said that, due to the 2021 Rockford Trilogy case, the rules are now clear and we do not need to do that. What is your view on those opinions?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

Thank you. I will leave it there for the moment.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

Everybody agrees that this is a technically difficult area of law. The Scottish Law Commission’s goal was to try to make the law simpler so that landlords and tenants did not always have to seek legal advice about it. There are mixed views about whether the bill does simplify the law. How do you think the law is now more simple? Do you think that, in practice, lawyers will get involved in the area less often because tenants and landlords will be able to do the work without having to use practitioners?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

To develop that, what is your view on the advantages and disadvantages of codifying the law instead of simply updating areas that the Scottish Law Commission does not think work, such as the 40-day notice period or other notice provisions in the Sheriff Courts (Scotland) Act 1907?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

I think that there would be clarity, because everybody would know that any lease that was entered into before the date of commencement of the act would fall under one set of rules, and that any lease that came into force after the act had come into force would fall under the new rules. That would give absolute certainty, because anyone would be able to look at the date of their lease and see which side of the line it fell on, whereas the six-month hybrid period that is suggested in the bill will lead to complete uncertainty for that six-month period.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

I was going to ask this question at the end of the evidence session, but it seems appropriate to ask it now. It seems clear that, in light of the evidence that has been heard, you will be lodging some fairly major amendments to change the bill at stage 2. Given what I have been hearing from you, one of my concerns is that the committee will not have an opportunity to scrutinise such changes by taking evidence, because we will move straight to stage 2. At this point, is the bill generally fit for purpose, or does the Government need to consider bringing those amendments forward before the bill goes any further?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

What is your view of the argument that the transitional provisions in the bill could lead to uncertainty for businesses that wish to terminate a commercial lease?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

That would be helpful—thank you.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Jeremy Balfour

I have nothing further to ask.

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 15 May 2025

Jeremy Balfour

In the Social Security (Scotland) Act 2018, we included a statutory provision for split payments for benefits that are delivered in Scotland. As the committee has said previously, and as you just said, Kirsty, that is not as easy as it sounds. The Scottish Government is struggling to work out how to do that. Should we be concentrating on particular benefits that are delivered in Scotland that could be split? Do you know how much progress has been made on split payments?