Hansard

Thank you, convener, and good morning, committee. Thank you for the invitation to attend to give evidence on the Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026, which, as you said, are accompanied by three negative instruments.Domestic abuse is a leading cause of women’s homelessness in Scotland and social landlords have a vital role to play in keeping tenants safe. Nobody should have to choose between their safety and their home. This package of SSIs will bring into force new powers to protect victims of domestic abuse and hold perpetrators to account.Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 provides social landlords with a new ground to apply to the court for an order that, if it is granted, will enable the landlord to transfer a tenancy to a victim of domestic abuse. That will allow landlords, rather than victims themselves, to take action in court to transfer the tenancy. In introducing the regulations, we have worked with stakeholders—including social landlords and, crucially, the Scottish Courts and Tribunals Service—to develop the package of secondary legislation that is required to implement those provisions. The package of secondary legislation makes consequential changes to existing legislation. It also prescribes new statutory notice forms to allow the measures in part 2 to operate.In particular, the regulations provide that only the abusive tenant can be removed from the property where a court order on the new ground is granted and not the victim and the victim’s family unless that family member is named in the court order. Only the abusive tenant will be given notice to remove themselves and their belongings from the property unless anyone else is specifically named in the order.The tenant and any qualifying occupier must be notified that the landlord is seeking to raise a court action on domestic abuse grounds and provided with information on what that will mean for them. The victim is always notified that the landlord intends to raise court proceedings on the new domestic abuse ground, including when the victim has had to flee the property.These changes are essential so that the victim and any members of the victim’s family cannot be removed from the property along with the abuser, and so that all parties understand what court action will mean for them, including, of course, the victim’s right to play a part in any court action that might arise.Implementation of part 2 of the 2021 act has been very complex. It has required consequential changes to legislation, which I have been moving through. That has included changes to court orders and issues with data sharing between relevant bodies, all of which are essential but complicated. We have also begun progressing a number of other important measures to strengthen protection against homelessness for domestic abuse victim survivors, not least the creation of a national fund to leave. We put £1.5 million behind that in this financial year and have allocated £2 million for the following financial year.We have also worked closely with the Scottish Courts and Tribunals Service on the development of appropriate court rules and changes to court forms. The commencement date of 1 August, which we are proposing in the regulations, provides sufficient time for them to be ready. Detailed statutory guidance for social landlords on the use of the new provisions has also been produced. A draft has been shared with key stakeholders to seek their views and that will be updated accordingly.In summary, the package of regulations will allow social landlords to take action on behalf of victims, removing a significant barrier that has forced too many people to flee their homes to escape abuse. The perpetrator can now be made to leave, not the victim. This is an important step in our commitment to continuing to tackle domestic abuse and to supporting those who are affected by it to rebuild their lives.