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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 977 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

It has been raised with us, which is why we are asking for a response. I appreciate that.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

You will have seen the representations that have been made to the committee, which vary, but there are calls for a review of the rules of the 1907 act. Are you looking at those representations? I appreciate your point that that act is broader than the issues that are in the scope of the bill, but are you looking at the wider issues that have been raised by a number of stakeholders—individuals and firms of solicitors—that have responded to the committee?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Would you be happy to write to the committee with the outcome of those deliberations?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

So you would fall back on current practice when it comes to what “within a reasonable period” means.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

So you are satisfied that there will not be litigation.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

What is your view on the point that was put to the committee that vagueness in the bill’s language in some places, such as the use in section 5 of the term “within a reasonable period”, will lead to litigation, and that it should be replaced with definite and measurable—although less flexible—timescales such as 30 days? What is your view on that vagueness?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Are you satisfied that oral notice is workable? You have given it thought and you believe that it is workable.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

As you know, a range of representations have been made to us. What is your view of the arguments that have been made to the committee that criticise the proposal to allow tenants to give notice orally when a lease has a term of less than one year?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Thank you—that is very helpful.

What is your view on the argument that the provisions on giving notice in the Sheriff Courts (Scotland) Act 1907 should be reviewed more generally and potentially repealed? Have you considered that?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

Okay—thank you.