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Showing 41 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Roz McCall (Mid Scotland and Fife) (Con) Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
I am interested in your views on the various suggestions that have been made to tighten up the definitions in part 1 and schedule 1 in relation to excluding movables from the bill, mixed uses of land in rural areas, and grazing and mowing leases. Those are just a few examples—...
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Thank you, minister. That is all very helpful. I have an additional question regarding the termination of leases with the telecommunications and electricity sector. Have you had any contact with the United Kingdom Government on how the bill might affect the termination of such...
Roz McCall (Mid Scotland and Fife) (Con) Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Good morning and welcome. Can you explain the rationale behind the bill’s definition of the leases to which the legislation will apply?
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Thank you. You mentioned agriculture, and we have certainly had a couple of submissions that touch on rural leases, especially those for mixed-use land, tree nurseries, forestry, grazing, mowing and such things. What is your response to submissions to the committee’s call for ...
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Part 1 of the bill defines leases to which the legislation will apply. What are your thoughts on that part of the bill? We will go right back down the line, starting with Steven Blane, please.
Roz McCall (Mid Scotland and Fife) (Con) Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Good morning. I thank the witnesses for coming to today’s meeting. What you have said is very interesting. To narrow the discussion down a little, I will start with part 1 of the bill. You have given the committee your overall opinions, but what are your views on part 1 of the...
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Good morning. What are your views on part 1 of the bill, which defines the leases to which the legislation will apply? That is for Stacey Dingwall first.
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is very helpful. Thank you very much.
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
I am going to shift to the SLC’s conclusion that the Tenancy of Shops (Scotland) Act 1949 should be repealed and that the bill should be amended to implement that. Other responses to the call for views have argued that that should be dealt with as a separate form of legislatio...
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That has been very interesting. Thank you very much.
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
As I represent a rural area, part of my issue with the bill is the rural concerns that have been alluded to. I whole-heartedly accept that that is not your field—excuse the pun—and that you do not want to get involved in that. Are you all saying that tightening up the definiti...
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is great. Thank you very much.
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
What is your view on whether the Tenancy of Shops (Scotland) Act 1949 should be repealed and the bill amended to implement that? You already brought that up, Fergus, so do you have anything to add?
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Wow—that was easy. I do not normally get a question like that. That is fine.
Roz McCall Con Committee
29 Apr 2025
Leases (Automatic Continuation etc) (Scotland) Bill
What are your views on the responses to the call for evidence on whether the Scottish Government should carry out an awareness-raising campaign to make sure that the impact of the bill is understood across all affected sectors?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is interesting. Parts of the written submissions highlighted issues about rural areas. What are your views on the arguments that the definitions need to be tightened in relation to grazing and mowing?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Last week, we heard that there needs to be some consideration of the electronic communications code—for example, in relation to wind farms and electrical substations. That is another deviation. What are your views on that?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is interesting.
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
This has been very interesting, gentlemen. We have had calls to try to create parity for tenants and landlords with regard to notice, but I get the feeling from what you say that parity might actually cause a split. I do not want to put words in your mouth, however, so it woul...
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is interesting. Does the same sort of thing apply when it comes to tenants being allowed to give oral notice? Should there be parity there, or is there still a need for flexibility?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is great—thank you.
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
I want to ask about a pet issue of mine—the view that the bill should be amended to repeal the Tenancy of Shops (Scotland) Act 1949. I would be really interested to know what you think about that.
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is interesting. I have no more questions. 10:30
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Part 1 sets out where it would be applied. I am wondering whether you have any views on that.
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is fine—thank you. Alan, do you have any views?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Should the bill apply equally to premises covered by the electronic communications code, electricity substations and that sort of thing? Do you see those similarly to how you see rural matters, or should this law apply to them?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is interesting. Stacey, I do not want to force you to answer if it is not in your field, but I will give you the chance to answer the other part of that question, about substations. I do not know whether that would be something that your membership would be speaking about.
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
I did not want to not give you the opportunity to answer the question, if you wanted to. That is all, convener.
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Yes—it is back to me. The Tenancy of Shops (Scotland) Act 1949 might fall more within your wheelhouse than my other questions did. Does your organisation have any experience of how the rules that are set out in the 1949 act work in practice?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Thank you. Stacey, you talked about there still being an imbalance between landlords and tenants. The assumption is that the act is primarily used by larger businesses, such as larger supermarkets, rather than smaller shops. Is the act working as intended? What imbalances are...
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Thank you for that. You have both given me your opinion on whether the act should be repealed. Has there been enough consultation on the proposal? Has there been enough engagement and understanding to justify slipping the repeal of the 1949 act into the bill? Are we in the rig...
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
My last question is about the issues that would arise as a result of pushing through a repeal of the Tenancy of Shops (Scotland) Act 1949 in this bill. You have stated that you would not like that act to be repealed. What issues would come from repealing it? I know that that i...
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Is there anything that other witnesses wish to add on this point?
Roz McCall Con Committee
06 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
I accept that—thank you very much.
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Yes.
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
May I come back in on that point? I am sorry to interrupt, minister—that was rude of me. As we are looking at a bill that is meant to make the law more accessible, I see a slight contradiction in that we are also looking at what we do now with the law as it stands. If we have ...
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
Okay. Thank you. Please continue, minister.
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
That is helpful—thank you. 10:15
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
The Scottish Law Commission has consulted on the Tenancy of Shops (Scotland) Act 1949 and has proposed that the bill be amended to implement its recommendation on that act. We have had mixed representations on that—some people are in favour of repealing the 1949 act, while oth...
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
For clarity, the Federation of Small Businesses is concerned that the 1949 act should not be repealed without something else being put in its place. Will that be clarified?
Roz McCall Con Committee
20 May 2025
Leases (Automatic Continuation etc) (Scotland) Bill
In that case, I have no more questions.
← Back to list
Committee

Delegated Powers and Law Reform Committee 20 May 2025

20 May 2025 · S6 · Delegated Powers and Law Reform Committee
Item of business
Leases (Automatic Continuation etc) (Scotland) Bill
McCall, Roz Con Mid Scotland and Fife Watch on SPTV

I am interested in your views on the various suggestions that have been made to tighten up the definitions in part 1 and schedule 1 in relation to excluding movables from the bill, mixed uses of land in rural areas, and grazing and mowing leases. Those are just a few examples—there is a big list of suggestions.

What are your views of the argument that was made by the Faculty of Advocates and the academics who gave evidence to the committee that having a statutory regime for the automatic continuation of commercial leases and a common law regime for agricultural and other leases will create unnecessary complexity?

In the same item of business

The Convener SNP
Under agenda item 5, we are taking evidence from Siobhian Brown, the Minister for Victims and Community Safety, on the Leases (Automatic Continuation etc) (S...
The Minister for Victims and Community Safety (Siobhian Brown) SNP
Good morning. The Leases (Automatic Continuation etc) (Scotland) Bill will implement recommendations that the Scottish Law Commission made in 2022 to reform ...
The Convener SNP
Thank you, minister. I will open the questioning before handing over to colleagues. Will you explain the general rationale behind the bill and how you think...
Siobhian Brown SNP
As I said in my opening speech, the law of termination of leases needs reform because it is inaccessible, uncertain and outdated. The SLC considered the case...
The Convener SNP
What you have indicated, particularly at the end, ties in with my next question. Is that the reason why the decision was made to attempt to codify the law in...
Siobhian Brown SNP
My understanding is that codification will simplify things by bringing into legislation all the legal principles of tacit relocation. It is a technical legal...
Michael Paparakis (Scottish Government)
One of the options, as you suggested, convener, was to reform part of the law and leave other parts to the common law. Doing that would perhaps make the law ...
Roz McCall (Mid Scotland and Fife) (Con) Con
I am interested in your views on the various suggestions that have been made to tighten up the definitions in part 1 and schedule 1 in relation to excluding ...
Siobhian Brown SNP
On the Faculty of Advocates’ comments, I know that the organisation criticised the general approach to the definition of commercial leases at stage 1, arguin...
Roz McCall Con
Yes.
Siobhian Brown SNP
An issue was raised about charity accommodation for veterans and care leavers. Residential leases in general are excluded from the scope of the bill. Sometim...
Roz McCall Con
May I come back in on that point? I am sorry to interrupt, minister—that was rude of me. As we are looking at a bill that is meant to make the law more acces...
Siobhian Brown SNP
Yes. You will be aware that the three main types of leases that we have in Scotland are agricultural, residential and commercial. The bill specifically looks...
Michael Paparakis
As the minister said, agricultural and mixed-use leases can currently happen. In essence, that is due to the fact that the definition of an agricultural leas...
Roz McCall Con
Okay. Thank you. Please continue, minister.
Siobhian Brown SNP
I turn to grazing and mowing leases. I know that a number of respondents to the committee’s call for views suggested that section 1 should be clarified with ...
Roz McCall Con
Thank you, minister. That is all very helpful. I have an additional question regarding the termination of leases with the telecommunications and electricity ...
Siobhian Brown SNP
I have not personally sent any communication. My officials might have had conversations that I am not aware of.
Michael Paparakis
We have had no contact with the UK Government about the telecommunications code. That is essentially because, as the minister pointed out, if a lease falls u...
Roz McCall Con
That is helpful—thank you. 10:15
Jeremy Balfour (Lothian) (Con) Con
Good morning, minister. We have taken a lot of evidence on this. Some people have given evidence that the law on giving notice in commercial leases may need...
Siobhian Brown SNP
My view is that the law in that area needs reform. Different views have been given about what the Rockford Trilogy case involved. Some legal professionals h...
Jeremy Balfour Con
To develop that, what is your view on the advantages and disadvantages of codifying the law instead of simply updating areas that the Scottish Law Commission...
Siobhian Brown SNP
We touched on that earlier—the codification in the bill brings all the different parts together to make it more accessible to tenants and landlords. It is al...
Michael Paparakis
I reiterate the point that I made earlier to the convener: if you only update aspects of the law and do not look at the wider issue, there is the potential f...
Jeremy Balfour Con
Everybody agrees that this is a technically difficult area of law. The Scottish Law Commission’s goal was to make the law simpler so that landlords and tenan...
Siobhian Brown SNP
I will pass the question to Michael, to talk about the technicalities.
Michael Paparakis
I think that the law is more simple because it has been brought together in one place. Tenants and landlords will be able to look up the act and find out wha...
Jeremy Balfour Con
Thank you. I will leave it there for the moment.
Bill Kidd (Glasgow Anniesland) (SNP) SNP
Thank you for being here today, minister and colleagues. What is your view of arguments made to the committee that the new rules in the bill on giving notice...