Chamber and committees

Schedule 4 birds which are not kept in Scotland require an exemption from registration whilst taking part in events in Scotland. The Scottish Government is intending to bring forward legislation which will remove the need for such exemptions.

This is an operational matter for the Scottish Environment Protection Agency, and I have asked the Chief Executive, Dr Campbell Gemmell, to write to you.

I am aware that the Scottish Environment Protection Agency (SEPA) experienced some minor problems with their systems for handling online registrations of septic tanks at points during March and May 2009 when the charge for registration was waived. This was an operational matter for SEPA, and I understand the problems were resolved promptly.

If the member is referring to access to a public building then section 19 of the Disability Discrimination Act does not allow service providers to discriminate against disabled people in terms of access.

If the reference concerns access to private property, then pedestrian rights of access to property are created in a number of ways - in title deeds to property, by the operation of prescription or sometimes even by inference or implication. It is therefore impossible to say, in the abstract, whether a particular pedestrian right of access includes access for a wheelchair user as such a question would be determined by the particular title deeds in question and/or by other surrounding evidence. If there is a dispute then ultimately the extent of a right of access will be determined by the courts.

It is not clear from the question whether the access referred to is to public or private property.

If Elaine Murray is referring to access to a public building then section 19 of the Disability Discrimination Act does not allow service providers to discriminate against disabled people in terms of access.

If the reference concerns access to private property, then pedestrian rights of access to property are created in a number of ways - in title deeds to property, by the operation of prescription or sometimes even by inference or implication. It is therefore impossible to say, in the abstract, whether a particular pedestrian right of access includes access for a mobility scooter user as such a question would be determined by the particular title deeds in question and/or by other surrounding evidence. If there is a dispute then ultimately the extent of a right of access will be determined by the courts.

There is currently a lack of clarity around the legal definition. At present, a mobility scooter is regarded as a mobility aid, however this has not yet been challenged in law. It currently must meet Medicines and Healthcare Regulatory Authority (MHRA) standards for medical devices. If it is capable of speeds in excess of 8 mph it must have lights to go on the road and all motor scooters are subject to the Highway Code.

The act of throwing down, dropping or depositing and leaving chewing gum, like all types of litter, is an offence under Section 87 of the Environmental Protection Act 1990, and subject to a fine of up to £2,500. Alternatively, the person may be offered the opportunity to pay a fixed penalty fine, the level of which is currently £50.

Designated local authority officers have the power to issue fixed penalty notices to those who litter. As independent bodies, whether local authorities empower officials to issue notices is a matter for each local authority. They are encouraged to do so by the Scottish Government.

A code of practice was developed to support the Moray Firth Seal Management Plan with input from Scottish Government and stakeholders, including the Scottish Society for the Prevention of Cruelty to Animals.

It is intended that this code will provide a starting point for consideration of welfare concerns by the Scottish Seals Forum in the proposed new licensing scheme.

Copies of the Moray Firth Seal Management Code of Practice have been placed in the Scottish Parliament Information Centre (Bib. number 48276).

The Scottish Government have no plans to introduce regulations on the welfare of greyhounds. The provisions of section 24 of the Animal Health and Welfare (Scotland) Act 2006, which requires those responsible for animals to take steps to ensure that the needs of such animals are met, is sufficient to ensure the welfare of greyhounds.

The 2009 pre-school and child care statistics will be available in September.

Table 22 of the 2008 statistics shows the percentage of children who are registered with each local authority. This can be viewed on the Scottish Government''s website at the following address:

http://www.scotland.gov.uk/Publications/2008/09/12150803/29.