SP Paper 727 (Web Only)
Remit and membership
Remit:
To consider and report on infrastructure, capital investment, transport, Scottish Water, and other matters falling within the responsibility of the Cabinet Secretary for Infrastructure, Investment and Cities; and matters relating to housing and digital infrastructure.
Membership:
Jim Eadie (Convener)
Adam Ingram (Deputy Convener)
James Dornan
Mary Fee
Alex Johnstone
Mike MacKenzie
David Stewart
Subordinate Legislation
Subordinate Legislation
The Committee reports to the Parliament as follows—
1. On 20 May 2015, the Enhanced Enforcement Areas Scheme (Scotland) Regulations 2015 [draft] was laid before Parliament and was subject to affirmative resolution procedure.
Purpose of the instrument
2. Section 28 of the Housing (Scotland) Act 2014 requires Scottish Ministers to lay draft regulations providing for a scheme to enable a local authority to apply for additional discretionary powers so that it can target enforcement action at an area characterised by poor conditions in the Private Rented Sector (the PRS).
3. The regulations within this instrument make provision to enable a local authority to apply to the Scottish Ministers for an area to be designated as an Enhanced Enforcement Area (“EEA”). The purpose is to enable local authorities to improve standards in the PRS where there is a concentration of properties let by private landlords in a geographic area and where those properties are characterised by overcrowding and anti-social behaviour. Local authorities faced with this combination of issues are likely to require additional powers to tackle the problems and secure improvements in the area.
4. Specifically, these Regulations:
(i) set out the process for local authorities to apply to the Scottish Ministers for designation of an area as an EEA and for the continuation of that designation after the five year period; and
(ii) provide additional discretionary powers that local authorities can use in an EEA and the purposes for which the additional powers that are granted can be exercised.
Delegated Powers and Law Reform Committee consideration
5. The Delegated Powers and Law Reform (DPLR) Committee considered the instrument at its meeting on 28 April 2015 and agreed not to draw the Parliament’s attention to the instrument on any grounds within its remit. The DPLR report can be found at the following link:
http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/88961.aspx
Infrastructure and Capital Investment Committee consideration
6. At its meeting on 20 May 2015, the Infrastructure and Capital Investment (ICI) Committee took evidence on this instrument from—
Margaret Burgess, Minister for Housing and Welfare (“the Minister”), Linda Leslie, Housing Strategy Team Leader, and Jacqueline Pantony, Principal Legal Officer, Scottish Government.
7. The Committee explored a number of issues relating to the instrument and following the session, the Minister moved the following motion—
S4M-13157—That the Infrastructure and Capital Investment Committee recommends that the Enhanced Enforcement Areas Scheme (Scotland) regulations 2015 [draft] be approved.
8. Following the debate, the Committee agreed the motion without division.
9. A link to the Official Report of the meeting can be found at the following page:
http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/29839.aspx
Recommendation
10. The Infrastructure and Capital Investment Committee recommends to Parliament that it approves the draft instrument.
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