Chamber and committees

The Review of the Public Transport Users’ Committee for Scotland (PTUC) Operating under the name Passengers’ View Scotland (PVS) was published on the PVS website on 12 March 2013.

Bus Users Scotland will be a separate Scottish operation within the legal, company framework provided by Bus Users UK. The funding and set-up costs are currently under consideration.

Bus Users Scotland is an independent organisation and members will not be appointed under the public appointments procedures.

The operation and governance of the British Transport Police is not devolved to the Scottish Government. In the first instance complaints should be directed to the Chief Constable of the British Transport Police.

However, should the complainant remain dissatisfied they can refer the matter to the Police Complaints Commissioner for Scotland (PCCS) who has responsibility to oversee complaints handling procedures for police bodies, including the British Transport Police and British Transport Police Authority, in respect of their Scottish operations.

The PCCS can be contacted via their website :www.pcc-scotland.org, or by writing to PCCS at Hamilton House, Hamilton Business Park, Caird Park, Hamilton,ML3 0QA.

From 1 April 2013 the PCCS will become the Police Investigations and Review Commissioner. It will continue to have responsibility to oversee complaints against the police where it is felt the matter remains unsolved following investigation by the Chief Constable.

The recent heavy rainfall has highlighted that drainage of agricultural land presents several challenges in relation to environmental, economic and community interests. I believe that the procedural changes to the authorisation regime SEPA has made are a proportionate approach taking account of these interactions.

SEPA’s decisions, and their discussion with stakeholders and partner organisations such as Scottish Natural Heritage, have been underpinned by risk assessment. I have kept the Rural Affairs, Climate Change and Environment Committee informed of this work, particularly through my letters of 25 February 2013 and 6 March 2013.

SEPA uses registration for controlled activities under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 that it considers do not normally pose a significant risk individually, but may contribute to a significant cumulative risk. SEPA's assessment is that this activity satisfies its criteria for authorisation by registration. This change only applies to existing straightened rivers with particular characteristics and does not apply universally to all watercourses. In addition the registration does not permit any works to straighten rivers.

SEPA does not consider that significant environmental effects could result by virtue of deciding to require prior authorisation in the form of a registration rather than a water use licence. Where it considers it necessary to protect the water environment, SEPA can and will refuse applications for authorisation by registration. Where it authorises the activity by registration, SEPA can and will impose such conditions as it considers necessary or expedient for the purposes of protection of the water environment.

The decision by SEPA to require prior authorisation for the activity by registration rather than by water use licence is procedural in nature. Such procedural changes do not affect the requirements for environmental impact assessment under any other legislation.

SEPA's decision on the form of prior authorisation required for the activity does not constitute a plan or programme for the purposes of the Environmental Assessment (Scotland) Act 2005. As such it does not require a strategic environmental assessment.

The Conservation of Habitats and Species Regulations 2010 relate to England and Wales and the Scottish legislation transposing the Birds and Habitats Directives is the Conservation (Natural Habitats &c.) Regulations 1994. SEPA does not believe the water use licence constitutes a plan or project under the 1994 Regulations. SEPA has advised the Scottish Government that it has considered the likely risk posed by the activity to European sites as well as to the ecological status of water bodies generally in making these procedural changes.

In terms of flood risk SEPA does not consider that its decision on the form of prior authorisation will affect the delivery of sustainable flood risk management or will affect flood risk in catchments. Where sediment has built up on the river bed, SEPA considers that the carrying out of the activity may in some circumstances reduce the frequency of flooding of the adjacent land. Straightening of rivers can contribute to elevated flood peaks in rivers further downstream. However, the activity only permits sediment management works in rivers that are already straightened. SEPA does not consider that this type of works is likely to have a significant effect on downstream flood risk.

We have no plans for changing the current arrangements under which the main funding for community transport comes through local authorities’ block funding arrangements.

Community transport organisations will be able to bid in partnership with local transport authorities for resources from the Bus Investment Fund, which we will introduce in April.

We will also provide grant funding of £45,000 to the Community Transport Association in 2013–14 towards building the capacity of the sector in Scotland.