Agenda item 4 is for the committee to consider the delegated powers provisions in the Private Housing (Tenancies) (Scotland) Bill as amended at stage 2.
At stage 2, there was one new power and two revised powers. The revised power in section 30(2) allows the Scottish ministers to designate a rent pressure zone. The bill was amended at stage 2 so that the procedure to make regulations to designate a rent pressure zone is restricted to when the zone is first so designated, and any subject revocation or amendment of the zone is subject to the negative rather than the affirmative procedure.
The justification for the change, as provided by supplementary delegated powers memorandum, is that there may be a need to respond quickly to market conditions and that the affirmative procedure would be a barrier to “expeditious action”.
The committee may wish to have regard to the steps that are taken before a rent pressure zone can be designated by the Scottish ministers in regulations—including their being subject to affirmative procedure—and we may wish to consider that a similar level of scrutiny by the Parliament should be available when it is proposed that a rent pressure zone is amended or revoked.
The committee may consider that the affirmative procedure would provide adequate scrutiny and would also meet the Scottish Government’s needs. A model is found in section 68(4) of the Land and Buildings Transaction Tax (Scotland) Act 2013. That procedure would allow regulations to be made and, if necessary, have effect during periods of recess.