Chamber and committees

I refer the member to the answer to question S4W-16669 on 2 September 2013. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at:

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S4W-16669 on 2 September 2013. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at:

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The Land Reform (Scotland) Act 2003:

a) provides that everyone has statutory access rights to cross land in Scotland, except land specified in or under section 6 of the Act. A person has access rights only if they are exercised responsibly.

b) does not specifically consider the position of level crossings.

In 2010 the Law Commission and the Scottish Law Commission published a joint consultation paper setting out a number of proposals and questions about how the law relating to level crossings might be reformed. In this, the commissioners refer to private level crossings as crossings over which there is a private right of way. There is no statutory definition of a private level crossing.

In their joint consultation paper the commissions took the view that:

The public do not automatically have a right of way over a private level crossing, but such a right could be established by operation of the law of prescription, namely uninterrupted use of the crossing over a continuous period of 20 years. In the absence of a core path, access rights do not apply in respect of private level crossings over an operational railway there is no automatic right under Scots law for a member of the public to use a private level crossing (as opposed to a public level crossing).

The 2010 consultation document on level crossings (Scottish Law Commission Discussion Paper 143) is available at: http://www.scotlawcom.gov.uk/publications/discussion-papers-and-consultative-memoranda/2010-present

The Commissions’ Report on Level Crossings is expected to be published in autumn 2013.

Any request for the Scottish Government to assume responsibility for a ferry service will be assessed on a case-by-case basis and would be progressed following a formal request by the party responsible for the provision of the service, in this case Strathclyde Partnership for Transport.

The Scottish Government is willing to take on responsibility for all “lifeline” ferry services. This commitment was set out in detail in the Scottish Government’s Ferries Plan, published on 19 December 2012. Appendix 5 of the Ferries Plan sets out a number of “principles” that the Scottish Government will take into account when considering a possible transfer of responsibility. This appendix can be viewed by following the attached link:

http://www.transportscotland.gov.uk/strategy-and-research/publications-and-consultations/j254579-20.htm.

No assessment has been made by the Scottish Government in relation to the lifeline nature of the Gourock to Kilcreggan ferry service. This route is currently the responsibility of Strathclyde Partnership for Transport.

NHS Lanarkshire created Salus as an operating department in the mid 1990s. As part of NHS Lanarkshire, Salus are accountable to the board of NHS Lanarkshire.

My predecessor, Nicola Sturgeon MSP, and officials, met with a representative of Salus on 13 June 2012.

I refer the member to the answer to question S4W-11254 on 6 December 2012. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Annex 4 of the Scottish Ferry Services: Ferries Plan (2013-2022), published in December 2012, provides details on what ferry services are supported by non-government agencies. This can be accessed by following the attached link:

http://www.transportscotland.gov.uk/strategy-and-research/publications-and-consultations/j254579-19.htm

I refer the member to the answer to question S4W-11254 on 6 December 2012. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.