Committee
Justice 1 Committee, 17 Dec 2002
17 Dec 2002 · S1 · Justice 1 Committee
Item of business
Title Conditions (Scotland) Bill: Stage 2
The Lord Advocate (Colin Boyd):
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Amendment 115 is a technical amendment that will ensure that the new rights that are created by the bill will not include a right of pre-emption. Such a right—to have the first chance to buy a property when it goes on the market—could not be used by each owner in the complex.I want to deal with points that have been made in support of the other amendments in the group. The Executive views amendment 227 as unnecessary, because the idea of "a warden's flat or a visitor's flat"is included in the phrase in section 50(1),"a unit which is used in some special way".That phrase was included in the bill to ensure that a unit that is not used in the same way as the others and which might not be subject to the burdens is included within the community for the purposes of part 2 of the bill. That would prevent a developer from retaining an independent right to enforce burdens and voting rights—once all other units have been sold off—by retaining ownership of a unit that is used in some special way, such as a warden's flat or a visitor's flat. The term might also cover other types of unit. The Abolition of Feudal Tenure etc (Scotland) Act 2000 contains provisions that prevent developers from attempting to reallocate their right of enforcement of feudal burdens to the ownership of a warden's flat.I submit that it is unnecessary to include a reference to "a warden's flat" on the face of the bill. The phrase "in some special way" encompasses units that are used as wardens' flats, as visitors' flats or for people who are ill. Paragraph 204 of the explanatory notes to the bill states:"The only point of distinction from section 49 is that an allowance is made for units used in ‘some special way' (typically as a warden's flat)."The explanatory notes can be used to support the definition of "a unit which is used in some special way",if there is any doubt about the way in which a unit is used. I invite Kenneth Macintosh to consider withdrawing amendment 227.I will deal next with amendment 7. I am not sure about the status of amendment 228.
In the same item of business
The Convener:
SNP
Item 3 is the continuation of our stage 2 consideration of the Title Conditions (Scotland) Bill. I welcome to the committee Colin Boyd QC, who is here in pla...
Section 50—Sheltered housing
The Convener:
SNP
Although the first group of amendments appears to be tricky, it is not the tricky part of proceedings to which I referred—there are trickier things ahead. Am...
Mr Kenneth Macintosh (Eastwood) (Lab):
Lab
I hope that I am successful in juggling the paperwork. I thank the convener and the committee for their patience in allowing me to move my amendments this we...
The Convener:
SNP
Have you moved amendment 227?
Mr Macintosh:
Lab
Do you want me to move it now?
The Convener:
SNP
You are required to move it.
Mr Macintosh:
Lab
Will we then debate it?
The Convener:
SNP
After we have heard the minister's reply, you may, if you wish, seek the committee's leave to withdraw the amendment.
Mr Macintosh:
Lab
In that case, I move amendment 227.
Michael Matheson:
SNP
The principal reason behind amendment 7 is similar to the concerns that Ken Macintosh expressed about the bill's definition of sheltered housing. The Lord Ad...
Brian Adam (North-East Scotland) (SNP):
SNP
As Kenneth Macintosh said at the beginning, the amendments in the group—except obviously the Executive ones—are the result of extensive discussions with thos...
The Convener:
SNP
Heaven forfend, Mr Adam.
Brian Adam:
SNP
The potential would exist even for unclever lawyers or developers to remove a warden service as a burden if they did not see the service as being in their in...
Mr Macintosh:
Lab
I would like to move amendment 118, to which I did not speak earlier.
The Convener:
SNP
That should be amendment 228 and you do not move it now.
Mr Macintosh:
Lab
I do not think that I have spoken to amendment 228 or to amendment 118.
The Convener:
SNP
What normally happens is that when I call an amendment, you would speak to it and to the other amendments in the group. However, you may speak to amendment 2...
Mr Macintosh:
Lab
Amendment 228 is in the name of Sylvia Jackson. I apologise that she is unable to be here. The amendment is in the same spirit as Michael Matheson's amendmen...
The Convener:
SNP
However, as you say, those who are 60 or near 60, can be chipper. They were the Elvis Presley people, you know. The Lord Advocate is far too young to be an E...
The Lord Advocate (Colin Boyd):
Amendment 115 is a technical amendment that will ensure that the new rights that are created by the bill will not include a right of pre-emption. Such a righ...
The Convener:
SNP
Amendment 228 has not yet been moved, as it relates to another section. It may be moved later.
The Lord Advocate:
There has been anxiety about the definition of sheltered housing and a worry that the definition might exclude what is termed "retirement housing". The issue...
The Convener:
SNP
What do mean when you talk about redefining? Are you talking about changing at stage 3 the definition of sheltered housing?
The Lord Advocate:
I would be open to discussing that with Ken Macintosh. I have difficulties with including retirement housing in the definition, but we might be able to discu...
The Convener:
SNP
Other committee members are concerned about the definition. I open the discussion to committee members, who might wish to make comments in the light of what ...
Donald Gorrie:
LD
I think that I understand what the Lord Advocate said about the difficulty with the definition. I wish to mention another difficulty with the definition in s...
Michael Matheson:
SNP
I return to what the Lord Advocate said about the possibility of revisiting the use of the phrase "sheltered housing". If we consider rephrasing the bill and...
The Convener:
SNP
Do you wish to address those questions now, Lord Advocate, or do you want to hear other points?
The Lord Advocate:
As this is my first time dealing with amendments at stage 2, I am in the convener's hands.