SP Paper 109 (Web only)
ICI/S4/12/R4
4th Report, 2012 (Session 4)
Subordinate Legislation
Remit and membership
Remit:
To consider and report on infrastructure, capital investment, transport, housing and other matters falling within the responsibility of the Cabinet Secretary for Infrastructure and Capital Investment, apart from those covered by the remit of the Local Government and Regeneration Committee.
Membership:
Jackson Carlaw (until 16 November 2011)
Malcolm Chisholm
Neil Findlay (until 22 December 2011)
Jamie Hepburn (Deputy Convener until 23 February 2012)
Adam Ingram (Deputy Convener from 7 March 2012)
Alex Johnstone (from 23 November 2011)
Gordon MacDonald
Margaret McCulloch (from 18 January 2012)
Aileen McLeod (from 7 March 2012)
Maureen Watt (Convener)
Committee Clerking Team:
Steve Farrell
Ruth McGill
Lewis McNaughton
Lauren Spaven-Donn
Subordinate Legislation
The Committee reports to the Parliament as follows—
Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012 (SSI 2012/draft)
1. The Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012, which is subject to the affirmative procedure, was laid before the Parliament on 23 February 2012. The Committee considered the Order and took evidence from Keith Brown, Minister for Housing and Transport, at its meeting on 21 March 2012.
2. In considering the Order, the Committee noted that the Subordinate Legislation Committee (SLC) had highlighted concerns in respect of a possible delay to the extraction of the relevant court order under the proposals. Although not relating to one of its formal reporting grounds, the SLC considered that the practical effect of the instrument was something that the Infrastructure and Capital Investment Committee may wish to consider further. The SLC considered that although the instrument appears to prescribe a maximum period of six months within which an order for recovery of possession may have effect, this is dependent on decree being extracted promptly.
3. The Minister informed the Committee1 during evidence-taking that the period of the court order will be set by the court, and the court, rather than the landlord, will control when the court order is to be extracted. If a court delays, or brings forward, the date on which an order is to be extracted, the maximum period will start from that date. The Minister stated that the period for which the order can run is for the court to decide.
4. The Minister for Housing and Transport moved motion SM4-02389—
That the Infrastructure and Capital Investment Committee recommends that the Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012 (SSI 2012/draft) be approved.
5. The motion was agreed to.
Scottish Secure Tenancies (Proceedings for Possession) (Pre-Action Requirements) Order 2012 (SSI 2012/draft)
6. Also at its meeting on 21 March, the Committee considered the Scottish Secure Tenancies (Proceedings for Possession) (Pre-Action Requirements) Order 2012. The Order is subject to the affirmative procedure and was laid before the Parliament on 23 February 2012. The Committee took evidence from Keith Brown, Minister for Housing and Transport.
7. The SLC raised a number of concerns relating to the pre-action arrangements under the Order. The Infrastructure and Capital Investment Committee explored these concerns with the Minister and his officials. Scottish Government officials2 confirmed that the intention was for the evictions working group to consider the statutory guidance relating to the Order and for this to address the points that the SLC had raised.
8. The Minister for Housing and Transport moved motion SM4-02390—
That the Infrastructure and Capital Investment Committee recommends that the Scottish Secure Tenancies (Proceedings for Possession) (Pre-Action Requirements) Order 2012 (SSI 2012/draft) be approved.
9. The motion was agreed to.
Footnotes:
1 Scottish Parliament Infrastructure and Capital Investment Committee. Official Report, 21 March 2012, Col 813.
2 Scottish Parliament Infrastructure and Capital Investment Committee. Official Report, 21 March 2012, Col 814.
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