RIGHT TO CARRY OUT REPAIRS (Hansard, 18 January 1984)

§ Mr. Ancram
I beg to move amendment No. 7, in page 3, line 37, leave out from 'be' to '; and' in line 38 and insert 'determined in such manner as the regulations may specify' The purpose of this amendment is to make it clear that regulations setting up the right-to-repair scheme may provide for disputes arising under the scheme to be referred to arbitration rather than the sheriff court.
When the right to repair was discussed in Committee, hon. Members on both sides expressed concern that tenants might be deterred from pursuing disputes before the sheriff because they might find the procedures involved complex or forbidding. It is clear from the wider consultations that many people who have been asked to comment on the scheme share these concerns.
The majority of disputes arising under the scheme are likely to be of a technical nature—for example, over the adequacy of a repair or the appropriate level of payment. In Committee I accepted that there was merit in the suggestion that disputes of a technical nature might be settled by an independent arbiter, for example, a man of skill. I have tabled the amendment in response to representations. I hope that in the light of the acceptance that the suggestion found in Committee the amendment will be welcomed and approved.

§ Mr. McQuarrie
I do not propose to detain the House long, but I spoke at length in Committee on the subject. I congratulate my hon. Friend the Minister on agreeing to table the amendment. The amendment uses the words determined in such manner as the regulations may specify". May we have an assurance that when the draft regulations are introduced the Minister will have full details of the regulations? With that assurance, we shall be satisfied that not all problems will be referred to the sheriff, but that they will be referred to technical people when that is necessary.

§ Mr. Ancram
The wording of the amendment will allow us in making the regulations setting up the scheme to provide for disputes to be referred to arbitration as an alternative to the sheriff, if a simple and workable procedure can be devised. Clearly, in working out the draft regulations, we shall wish to give careful thought to this matter, in the light of all the comments that we have received, not least those that we have received from my hon. Friend the Member for Banff and Buchan (Mr. McQuarrie) in Committee.