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Chamber

Meeting of the Parliament 27 November 2025

27 Nov 2025 · S6 · Meeting of the Parliament
Item of business
Non-Domestic Rates (Liability for Unoccupied Properties) (Scotland) Bill

We are here to rectify a legislative error in the Non-Domestic Rates (Scotland) Act 2020. I welcome the Parliament’s recognition of the importance of addressing the issue swiftly through agreeing to the emergency bill process, and I hope that, come decision time, members will support the bill.

As we know, a technical error in the 2020 act means that amendments that were intended to devolve empty property relief did not have the intended legal effect, so we need to ensure that there is a clear legal basis for charging rates to the owners of unoccupied non-domestic properties. Without primary legislation to make clear the position regarding empty properties, rates paid since 1 April 2023 by owners of unoccupied properties could require to be refunded, and rates might no longer be able to be collected on unoccupied properties should local authorities decide that that is required. The bill is therefore necessary to bring the statute book into line with the Parliament’s intention to devolve empty property relief to local authorities and allow local authorities to levy rates on the owners of unoccupied properties.

If the bill is not passed, those who paid rates on unoccupied properties could receive an unexpected and unjustified windfall, which would require cuts to public spending or, if that loss were compensated for in the non-domestic rates system, an increase in rates or a reduction in the generosity of reliefs in future. Accordingly, the bill is vital to protect public finances at a time when, more than ever, every penny counts.

I move,

That the Parliament agrees that the Non-Domestic Rates (Liability for Unoccupied Properties) (Scotland) Bill be passed.

18:03  

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-19948, in the name of Ivan McKee, on the Non-Domestic Rates (Liability for Unoccupied Properties) (Scotla...
The Minister for Public Finance (Ivan McKee) SNP
We are here to rectify a legislative error in the Non-Domestic Rates (Scotland) Act 2020. I welcome the Parliament’s recognition of the importance of address...
Craig Hoy (South Scotland) (Con) Con
The bill will pass, but it will not pass with our support. In all likelihood, this rushed legislation will not fundamentally fix the problem that the Governm...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I said to your colleague in my contribution at stage 2—
The Deputy Presiding Officer LD
Through the chair.
Christine Grahame SNP
—that the certificate of legislative competency was not a guarantee. I also said that, frankly, any legislation can be challenged in the courts.
Craig Hoy Con
I accept that point. I also took on board Stephen Kerr’s point that, in effect, there would be an additional guarantee had we passed Mr Kerr’s amendment 14. ...
Mark Griffin (Central Scotland) (Lab) Lab
I will support the bill, because I recognise the importance of correcting the error that has arisen and the seriousness of the potential consequences if Parl...
John Mason (Glasgow Shettleston) (Ind) Ind
Is the £820 million Barnett consequentials or is it on top of Barnett consequentials?
Mark Griffin Lab
That is £820 million secured by Anas Sarwar for Scotland, which we hope to see spent properly and not wasted on things such as, potentially, a £350 million b...
The Presiding Officer NPA
I call Lorna Slater. 18:12
Lorna Slater (Lothian) (Green) Green
Thank you, Presiding Officer. I do not intend to use my full time. The Scottish Greens understand the seriousness and urgency of this legislation and are co...
Ivan McKee SNP
I am grateful to everyone across the chamber for coming together to pass this legislation at pace. I do not have much to say other than that the bill is fund...
The Presiding Officer NPA
That concludes the debate on the Non-Domestic Rates (Liability for Unoccupied Properties) (Scotland) Bill at stage 3.