- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Friday, 05 October 2012
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Current Status:
Answered by Margaret Burgess on 12 October 2012
To ask the Scottish Government when it will publish the findings of its consultation on the future of right to buy.
Answer
We expect to publish the consultation analysis report early in November.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Monday, 24 September 2012
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Current Status:
Answered by Alex Neil on 4 October 2012
To ask the Scottish Government (a) when and (b) where the position of chair of NHS Dumfries and Galloway will be advertised.
Answer
The post of chair at NHS Dumfries and Galloway will be advertised once the Parliament has had the opportunity to consider the Independent Evaluation into Health Board Elections.
The London School of Economics in association with the University of St Andrews is conducting the independent evaluation of the Pilot Health Board Elections. Their report is due to be completed and laid before the Parliament during the autumn of 2012.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Friday, 14 September 2012
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Current Status:
Answered by Nicola Sturgeon on 25 September 2012
To ask the Scottish Government whether Scottish Water is prevented from offering compensation to residents who have been financially disadvantaged by road closures caused by projects that have taken longer than scheduled.
Answer
The Scottish Government has directed Scottish Water to undertake numerous improvements to water and wastewater services during the current regulatory period which runs from 2010 to 2015. These are improvements that will benefit communities across Scotland.
Scottish Water strives to keep works periods as short as possible and to deliver on schedule so as to minimise the impact on the local community. However, due to unforeseen circumstances, it is inevitable that some projects will take longer than scheduled.
Scottish Water is not under any statutory duty to compensate residents for financial loss allegedly caused by project overruns where there is a road closure. As these works are being taken forward to deliver benefits to the local communities and are funded by the generality of customers it is not considered appropriate to compensate residents for the inconvenience that may arise in the course of the construction of the necessary infrastructure.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Tuesday, 04 September 2012
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Current Status:
Answered by John Swinney on 11 September 2012
To ask the Scottish Government what legislation regulates the declaration of bankruptcy by individuals.
Answer
In Scotland, the legislation that applies to the bankruptcy of an individual is the Bankruptcy (Scotland) Act 1985 (as amended) (the Act). The Act sets out the criteria by which creditors may petition for the bankruptcy of an individual, and those that an individual must meet in order to apply for bankruptcy in Scotland.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Tuesday, 04 September 2012
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Current Status:
Answered by John Swinney on 11 September 2012
To ask the Scottish Government whether a creditor has the right of appeal when an individual declares themselves bankrupt and, if so, how an appeal may be lodged.
Answer
An individual cannot declare themselves bankrupt. A creditor has no right of appeal against a decision to award bankruptcy to an individual, irrespective of whether the award is made by a court following a creditor petition or by the Accountant in Bankruptcy following a debtor’s application for bankruptcy.
Should any creditor believe that a debtor fails to meet the criteria for the award of bankruptcy or considers that due process has not been followed, he may present this information to the Accountant in Bankruptcy or to the court as appropriate.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Tuesday, 04 September 2012
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Current Status:
Answered by John Swinney on 11 September 2012
To ask the Scottish Government whether being in receipt of an income would prevent an individual from declaring themselves bankrupt.
Answer
In Scotland all debtor applications for an award of bankruptcy are made by the Accountant in Bankruptcy. Section 5(2) of the Bankruptcy (Scotland) Act 1985 (as amended) prescribes the conditions and criteria that must be met in order for an individual to apply for an award of bankruptcy. The income of an individual is not a condition or criteria listed in this section of the act therefore an individual in receipt of an income is not prevented from applying for an award of bankruptcy.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Tuesday, 04 September 2012
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Current Status:
Answered by John Swinney on 11 September 2012
To ask the Scottish Government under what circumstances an individual may declare themselves to be bankrupt.
Answer
In Scotland, an individual may apply to the Accountant in Bankruptcy for an award of their bankruptcy if they: are Apparently Insolvent; or have signed a trust deed which failed to become protected; or have a Certificate for Sequestration. The individual must also owe a total debt of £1,500 or more, be living in Scotland or have lived in Scotland sometime during the last year, have not been made bankrupt in the last five years and pay the application fee of £200.
If these circumstances are met, the individual may then complete a debtor application form and submit along with their fee to the Accountant in Bankruptcy for an award decision to be made.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Friday, 03 August 2012
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Current Status:
Answered by Keith Brown on 27 August 2012
To ask the Scottish Government when it will publish its response to its consultation on the charging of premiums in the private rented sector.
Answer
The Scottish Government has announced its response to the consultation on the charging of premiums in the private rented sector.
We intend to commence the provisions contained in section 32 of the Private Rented Housing (Scotland) Act 2011 to amend the definition of a premium, and to lay secondary legislation in the Scottish Parliament confirming that arrangements for the forthcoming Green Deal programme do not fall under the definition of a premium.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Friday, 03 August 2012
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Current Status:
Answered by Keith Brown on 27 August 2012
To ask the Scottish Government whether it plans to introduce secondary legislation under the Private Rented Sector (Scotland) Act 2011 to clarify the law on the charging of premiums in the private rented sector and if so, when.
Answer
Section 32 of the Private Rented Housing (Scotland) Act 2011 provides Scottish ministers with the power to make regulation to outline premium charges that are permissible. The Scottish Government intends to lay secondary legislation in the Scottish Parliament outlining that only arrangements for the forthcoming Green Deal programme do not fall under the definition of a premium.
- Asked by: Elaine Murray, MSP for Dumfriesshire, Scottish Labour
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Date lodged: Tuesday, 31 July 2012
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Current Status:
Answered by Keith Brown on 22 August 2012
To ask the Scottish Government whether details of the Edinburgh Glasgow Improvement Programme published on the Transport Scotland website were changed to reflect the changes in the implementation plan and, if so, when.
Answer
Details of the changes in the Edinburgh Glasgow Improvement Programme implementation plan will be available soon.