Chamber and committees

Also under this agenda item, no points have been raised on the following instruments.

Under agenda item 3, we are considering three instruments. An issue has been raised on the following instrument.

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

Welcome to the fourth meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from our convener, Stuart McMillan MSP. In his place, I welcome Jenni Minto MSP. Before we move to the first item on the agenda, I remind everyone to switch mobile phones to silent.

The first item of business is a decision on whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

I now move the committee into private.

Thank you. That is now on the record.

The instrument is made under the Tribunals (Scotland) Act 2014 and the Cost of Living (Tenant Protection) (Scotland) Act 2022. The instrument amends the First-tier Tribunal’s existing procedural rules to make provision for new rules to accommodate the new appeal mechanism that is created by the Cost of Living (Tenant Protection) (Scotland) Act 2022.

In line with standard drafting practice, the title of the instrument should read the “First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2023”. The Scottish Government has apologised for this oversight but has said that it will not be taking any corrective action, as it is content that the title is not misleading and adequately highlights the purpose of the regulations.

The instrument also breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, whereby instruments that are subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 17 January 2023 and came into force on 24 January 2023. It therefore does not comply with the laying requirements under the 2010 act.

In correspondence with the Presiding Officer, the Scottish Government stated that the breach was necessary, as it is now possible for landlords to increase their rents in response to an increase in prescribed property costs, and the instrument requires to be brought into force urgently to create the necessary procedural rules should any appeal be brought against the decision of a rent officer.

Does the committee wish to draw the instrument to the Parliament’s attention on the general reporting ground, in that “(Procedure)” was omitted from the title of the instrument?

Members indicated agreement.

Jeremy Balfour wants to make a statement.

Does the committee also wish to draw the instrument to the Parliament’s attention on reporting ground (j), in relation to the failure to lay the instrument in accordance with laying requirements under the 2010 act??

Members indicated agreement.

You have made your point—thank you for that.

Is the committee content with the instruments?

Members indicated agreement.