- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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Current Status:
Answered by Lewis Macdonald on 29 May 2002
To ask the Scottish Executive what the specific definition is of "order" describing a statutory instrument, as used in the Roads (Scotland) Act 1984 and, in particular, in sections 5 and 9.
Answer
There is no specific definition of the word "order" as applied in sections 5 and 9 of the act. Any interpretation of the term is a matter for the Scottish courts.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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Current Status:
Answered by Andy Kerr on 29 May 2002
To ask the Scottish Executive, further to the answer to question S1W-25456 by Mr Andy Kerr on 10 May 2002 what the total amount is, in accordance with the Barnett formula, of the allocations from the Capital Modernisation Fund for new or refurbished community sports facilities and how these funds will be allocated.
Answer
The consequentials for Scotland calculated in accordance with the Barnett formula from the round four Capital Modernisation Fund allocation for community amateur sports clubs is £1.95 million. We were already aware that we would receive consequentials from the Capital Modernisation Fund generally and this had already been taken into account in planning our expenditure.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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Current Status:
Answered by Hugh Henry on 28 May 2002
To ask the Scottish Executive, further to the answer to question S1W-25459 by Ms Margaret Curran on 13 May 2002, what the outcomes were of the seven cases referred to it involving the possible loss of playing fields.
Answer
Of the seven cases notified to the Scottish ministers since December 1997, two were cleared back to the local authority and approval was granted (Glasgow, Edinburgh); one was called in and subsequently refused (Aberdeen); another case was later withdrawn (Edinburgh), and three are currently under consideration by the Scottish ministers (all Grangemouth).
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Tuesday, 14 May 2002
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Current Status:
Answered by Lewis Macdonald on 28 May 2002
To ask the Scottish Executive whether a traffic regulation order authorising the charging of tolls on a trunk road regulates in any sense the use of that road.
Answer
Tolls are charged on trunk roads at the Erskine and Skye Bridges. The power to levy tolls is set out in primary legislation - the Erskine Bridge Tolls Act 2001 and the New Roads and Street Works Act 1991 respectively - not in traffic regulation orders.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Tuesday, 14 May 2002
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Current Status:
Answered by Lewis Macdonald on 28 May 2002
To ask the Scottish Executive, given that there is no definition of the term "order" in the Roads (Scotland) Act 1984 nor in the New Roads and Street Works Act 1991, that the New Roads and Street Works Act 1991 amends the definition contained in section 2 of the Road Traffic Regulations Act 1984 and that all three acts apply to the Skye Bridge crossing, whether the amended definition whereby "a traffic regulation order may make any provision prohibiting, restricting or regulating the use of a road" indicates regulation of the A87 trunk road by the three traffic regulation orders issued in relation to the Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye bridge Crossing) Special Road Scheme Order 1992 (SI 1992/1499).
Answer
The three main orders issued in relation to the Skye Bridge crossing are The Invergarry - Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) (Detrunking) Order 1992, The Invergarry - Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Special Road (Side Roads) Order 1992 and The Invergarry - Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order 1992. These were made under powers in the Roads (Scotland) Act 1984 and the New Roads and Street Works Act 1991. They are not traffic regulation orders.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Thursday, 02 May 2002
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Current Status:
Answered by Lewis Macdonald on 27 May 2002
To ask the Scottish Executive whether the compulsory purchase order drafted in relation to the Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Special Road Scheme Order 1992 (SI 1992/1499) was ever made.
Answer
The Invergarry to Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Compulsory Purchase Order 1992 was made on 23 June 1992 and was recorded in the General Register of Sasines on 2 September 1992.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Tuesday, 07 May 2002
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Current Status:
Answered by Patricia Ferguson on 20 May 2002
To ask the Scottish Executive what legal advice it has received on whether a statutory instrument which is required to be made by the Scottish ministers is lawfully made in circumstances where it bears no name or subscription.
Answer
A statutory instrument which is required to be made by the Scottish ministers is lawfully made when it is signed by one of those ministers, or by a junior minister or an official on their behalf.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Tuesday, 07 May 2002
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Current Status:
Answered by Cathy Jamieson on 20 May 2002
To ask the Scottish Executive, further to the answer to question S1O-4432 by Cathy Jamieson on 17 January 2002, what aspects of fostering have been considered by the working group undertaking the review of adoption and fostering; whether any further aspects of fostering will be considered by the group and, if so, when it will consider them.
Answer
Fostering was identified as an important option in the first phase of the adoption policy review, but was not considered in any detail. It will be considered in depth in phase two which will start later this year.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Tuesday, 07 May 2002
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Current Status:
Answered by Cathy Jamieson on 20 May 2002
To ask the Scottish Executive when its review of fostering and adoption will be completed and when the findings will be published.
Answer
Phase one of the adoption policy review, on the service provided by adoption agencies, has been completed and is being considered by the Executive. One of its recommendations - that Scotland join the national adoption register being created in England and Wales - is already being implemented. We are also considering how to take forward phase two of the review.
- Asked by: Irene McGugan, MSP for North East Scotland, Scottish National Party
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Date lodged: Thursday, 02 May 2002
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Current Status:
Answered by Colin Boyd on 16 May 2002
To ask the Scottish Executive whether there is a statutory defence available to persons being prosecuted for alleged non-compliance with legislation contained in unpublished statutory instruments.
Answer
I refer the member to the answer given to question S1W-1350 on 17 September 1999. The statutory defence provided by section 3(2) of the Statutory Instruments Act 1946 does not apply if the statutory instrument is exempt from publication in terms of Regulation 5 of the Statutory Instruments Regulations 1947.
