Scotland Bill

The Scotland Bill was introduced in Westminster on 30th November 2010.  The Bill contains the legislative provisions necessary to implement the recommendations of the Calman Commission's Final Report.

SFHA has submitted evidence on the Scotland Bill to both the Scottish Parliament's (Session 3) Scotland Bill Committee and to Westminster's Scottish Affairs Committee. SFHA's evidence contains:

• objections to the proposed reservation of powers governing the legislation relating to the insolvency of Scottish RSLs;
• comment upon the UK Government's decision not to implement the Calman Commission's recommendation about Housing Benefit;
• welcoming the devolution of taxation relating to land transactions.

The Bill has been scrutinised by a Committee of the Whole House, which had three sittings on 7th, 14th and 16th March 2011. SFHA sent a written briefing to all Scottish MPs ahead of the commencement of the Committee stage.  Our concerns about the impact of the insolvency provisions on RSLs (Clause 12 of the Bill) received a good airing during the first sitting. The clause has, however, been confirmed as part of the Bill, following a division prompted by our briefing.

The Committee Report Stage was scheduled for 22nd March 2011 but was rescheduled to 21st June 2011. SFHA briefed Scottish MPs ahead of the debate.

To view the transcript of the Report Stage debate, click on both of these links:

Part 1; Part 2

The Bill had its Third Reading immediately following the Report Stage debate and was passed.  The Bill has now moved into the House of Lords and had its First Reading on 22nd June.  The Second Reading, where the general content of the Bill is discussed, was held on 6th September 2011. To view the transcript of the Second Reading, click on this link: Second Reading

SFHA briefed a selection of Lords ahead of the Second Reading.  As highlighted to members earlier this year, we have added the issue of borrowing powers to our lobbying work on the Bill. The Scottish Government is seeking to ensure that it has the borrowing powers it needs to provide sufficient investment in capital projects. It is also seeking to have the powers introduced earlier than is planned, as an essential boost to the economy at this critical time.  SFHA is lobbying to emphasise the need for some of this to go into building genuinely affordable social housing. There was some discussion of borrowing powers during the Second Reading, both about their extent and whether their introduction should be accelerated.

The Committee Stage commenced in the Lords on 26th January 2012 and concluded on 21st March 2012. SFHA briefed a selection of Scottish Lords ahead of this.  Lord Browne raised our concerns about the re-reservation of insolvency during the Committee Stage but the clause remained in the Bill.

However, on the day that the Committee Stage concluded in the Lords, the Secretary of State for Scotland, Michael Moore, announced that the UK Government had reached agreement with the Scottish Government on both the financial and non-financial provisions in the Bill.  This included an agreement to drop the clause that would have re-reserved legislation relating to insolvency (including the winding up of Scottish RSLs) from the Bill. There was a caveat to this clause being dropped from the Bill - the UK Government will require the Scottish Government to keep Scottish insolvency procedures up to date.

The Scotland Bill had its Third Reading in the Lords on 24th April and SFHA briefed Scottish Lords ahead of this.  The Bill returned to the House of Commons on 26th April, where the amendments agreed by the Lords were agreed (known as the "ping pong" phase of a bill. 

The Scotland Bill recieved Royal Assent on 1st May, making it the Scotland Act 2012.

SFHA will be issuing a briefing for members on the full implications of the new Act for our sector.

The Scotland Bill and the Scottish Parliament

The Scottish Parliament's Session 4 Scotland Bill Committee called for evidence on the Bill, with a closing date of 9th September 2011. The SFHA submitted updated evidence. The Committee published its report on 15th December 2012. To download the two part report and the Scottish Government's news release: Vol 1 conclusions and recommendations; Vol 2 Main Report; News Release 15th December 2011

The Scottish Government published a Legislative Consent Memorandum for the Bill on 21st March.  SFHA briefed MSPs on the significant issues for our sector ahead of the debate. This was debated in the Scottish Parliament Chamber on 18th April 2012, where the Parliament agreed unanimously to give its legislative consent for the Bill.

Scotland Bill as amended at Lords' Report Stage

SFHA Evidence to Scottish Parliament's Scotland Bill Committee January 2011

SFHA Evidence to Westminster's Scottish Affairs Committee February 2011

Scotland Bill Progress Update April 2011

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