Leases (Automatic Continuation etc.) (Scotland) Bill - Business Regulatory Impact Assessment

Footnotes

1 The SLC’s Tenth Programme can be accessed at https://www.scotlawcom.gov.uk/files/5615/1922/5058/Tenth_Programme_of_Law_Reform_Scot_Law_Com_No_250.PDf.

2 The Discussion Paper can be accessed at https://www.scotlawcom.gov.uk/files/4215/2699/8107/Discussion_Paper_on_Aspects_of_Leases_-_Termination_DP_No_165.pdf.

3 GVA measures the contribution to the economy of each individual producer, industry or sector in Scotland and is used in the estimation of GDP. GVA is the difference between the value of goods and services produced and the cost of raw materials and other inputs, which are used up in production. For “A Guide to GVA in Scotland” published in 2018 by the Scottish Parliament Information Centre see https://bprcdn.parliament.scot/published/2018/2/23/A-Guide-to-Gross-Value-Added--GVA--in-Scotland/SB%2018-15.pdf.

4 This quote is taken from an article in the Scottish Financial Review, which can be accessed at https://scottishfinancialreview.com/2021/01/21/scots-commercial-property-deals-fell-42-to-1-2bn/.

5 See John Rankine, “A Treatise on the Law of Leases in Scotland”, 3^rd edition, (Edinburgh, 1916) at page 571.

6 See G L Gretton and K G C Reid, “Conveyancing 2014”, (Edinburgh, 2015) at pages 36-37.

7 The response can be accessed at https://www.scotlawcom.gov.uk/files/2715/7565/1420/Collated_Responses.pdf.

8 The draft Bill is accessible at https://www.scotlawcom.gov.uk/files/3116/3939/0552/Leases_Automatic_Continuation_etc._Scotland_Bill_-_Consultation_draft_December_2021.pdf.

9 The responses are published on its website and are accessible at https://www.scotlawcom.gov.uk/law-reform/law-reform-projects/proprietary-aspect-of-leases/.

10 The SLC, subsequent to that proposal, published a Discussion Paper on the Tenancy of Shops Act 1949, with 4 options for reform. This paper can be accessed at https://www.scotlawcom.gov.uk/files/8717/1396/5114/Discussion_Paper_on_Aspects_of_Leases_Tenancy_of_Shops_Scotland_Act_1949_DP_No_177.pdf.

11 The consultation document is available at https://www.scotlawcom.gov.uk/files/2116/3914/4875/Consultation_document_final_-_draft_Leases_Automatic_Continuation_etc_Scotland_Bill.pdf.

12 The Explanatory Notes are available at https://www.scotlawcom.gov.uk/files/4316/3914/4944/Explanatory_notes_-_draft_Leases_Automatic_Continuation_etc_Scotland_Bill.pdf.

13 As noted above, the SLC have published a Discussion Paper on the Tenancy of Shops Act 1949, with 4 options for reform. This paper can be accessed at https://www.scotlawcom.gov.uk/files/8717/1396/5114/Discussion_Paper_on_Aspects_of_Leases_Tenancy_of_Shops_Scotland_Act_1949_DP_No_177.pdf.