THREAD There is a lot of misinformation and confusion around the new regulations on fire and CO alarms that come into force 1 Feb 2022 and in relation to which there was a statement in Parliament today. 1/8
The regulations add the interlinked fire and CO alarms to the list of criteria in s86(1) of the Housing (Scotland) Act 1987 that define whether a house meets the statutory tolerable standard. 3/8 legislation.gov.uk/ukpga/1987/26/…
Scotgov webpage states that "Every home in Scotland must have interlinked fire alarms by February 2022." gov.scot/publications/f… That statement is misleading so far as the word "must" is concerned. 4/8
There is no legal requirement to fit such alarms. It is not an offence to not have them fitted. What it does mean is that your house will not be of a tolerable standard. 5/8
Councils have powers to ensure that homes are upgraded to ensure that they are of a tolerable standard but must use those powers in a proprtionate manner. 6/8
Insurance companies might or might not insist on interlinked fire and CO alarms being fitted before offering insurance but they can do that whether these regulations exist or not. 7/8
In short, it is a good idea to have these fitted, to bring your home up to the new tolerable standards, to provide greater safety and to avoid any issues arising in future over insurance or potential sale of a below tolerable standard dwelling. 8/8
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THREAD ScotGov has made a real mess of trying to regulate short-term lets. Since launching the Homes First campaign over 4 years ago, it is clear what needs to be done in principle. There are 2 elements to regulation. The 1st is planning reform and the 2nd is licensing. 1/11
The first (planning) determines whether a property can be used as a short-term let and application will be assessed (as all planning applications are) against planning law and the policies of the planning authority. 2/11
The second is licensing. A licensing scheme ensures that operators are fit and proper persons, have the requisite insurance and safety checks. Crucially, a license application can demonstrate whether the applicant has planning consent (a critical check). 3/11
Can I attempt to give a practical example of what today’s Supreme Court ruling means. Both Bills incorporate international treaties and provide judicial remedies where a Court finds that any provision of the UN or CoE treaties have been violated. 1/5
So, for example, if a local authority were to consider that a decision by Scottish Ministers violated an Article of the European Charter, it could launch a judicial review of that decision. 2/5
As passed, the Bill provides that courts could find in favour of the authority & issue a declaration of incompatibility. This could be made under the Bill as passed provided that the matter complained of is a devolved matter (irrespective of whether a UK or a SP statute) 3/5
Disappointed but not surprised by the Supreme Court ruling on my European Charter of Local Self-Government (Incorporation) (Scotland Bill. 1/7 supremecourt.uk/cases/uksc-202…
The question before the court was not about the merits of the Bill but about whether its provisions modifed s28(7) of the Scotland Act 1998 and on the proper application of s 101(2) of the Scotland Act 1998. 2/7
In short the Bill provided for limits to be placed on existing legislation where it breached the European Charter. The limits would only apply to devolved matters but (importantly) would apply to UK laws on devolved matters 3/7
1/7 This is an important & timely investigation into a bizarre and opaque parliamentary procedure that badly needs reform. Under Rule 9.11 of SAP standing Orders, no Bill can be debated at Stage 3 unless Queens Consent (QC) has (if needed) been obtained. theguardian.com/uk-news/2021/j…
2/7 QC is an effective veto by the Monarch on any legislation affecting the prerogative or the hereditary revenues of the Crown or (& this is bizarre bit) the personal property or personal interests of the Crown (in reality, the personal property of the Queen such as Balmoral.
3/7 So as part of formal legislative process, Queen & the Prince & Steward of Scotland have opportunity to influence legislation in order to protect their personal interests. There is no justification for this. But it is mandated by Scotland Act and thus a longer term challenge.
THREAD - Neil Bibby MSP introduced the Tied Pubs (Scotland) Bill to Parliament to give greater protections to the tenants of Tied Pubs. The Bill was controversial with opinion sharply divided between the interests of tenants and landlords. 1/8
The @SP_Economy Committee recommended that Parliament reject the Bill at Stage 1. Only @RhodaGrant and myself dissented and recommended the Bill be supported. 2/8
At Stage 1, Parliament rejected the Committee’s recommendation and passed the Bill at Stage 1 in November with 107 MSPs voting Yes, none voting No and 4 abstentions. 3/8