Chamber and committees

Creditors who wish to use legal means to pursue debt must do so by using a prescribed process. For example, a debtor must be served with a Debt Advice and Information Package prior to the instigation of legal action to recover debt. The debt must be constituted in court before diligence can be pursued. As creditors must follow this prescribed process, there is no opportunity available to them to instigate legal action earlier to recover debts owed than they have previously been able to.

The decision on how long a creditor will allow a debtor to default on payment before taking legal action, is a commercial one. It is possible that creditors, in the current economic climate, are making business decisions to commence the process of recovery sooner than they may have previously.

However, there is no evidence or mechanism to measure this.

Under the Education (Additional Support for Learning) (Scotland) Act 2004, planning for post-school transitions must begin at least one year prior to a child or young person leaving school.

If the parent of a child with additional support needs, or a young person with additional support needs, felt that transitional arrangements were necessary and the authority disagreed with this, the parent or young person could refer the case to dispute resolution. If the child or young person has a co-ordinated support plan, a case can be referred to the additional support needs tribunals for Scotland, regarding the level of provision being delivered during the child''s or young person''s last year at school.

There are a number of mechanisms available to individuals experiencing financial difficulties which, subject to sheriff approval, allow the repayment of debt without the threat of further legal action.

The sheriff may grant a time to pay direction or order under the Debtors (Scotland) Act 1987, for a period that the sheriff considers reasonable, based on the individual''s circumstances. These times to pay directions or orders may last for more than 12 months, however, this period is subject to the sheriff''s discretion.

The sheriff may grant a time order for consumer contract debts, under the Consumer Credit Act 1974. Time orders have slightly different criteria for sheriffs to consider before granting but otherwise are similar to time to pay directions and orders. Time orders may also last for more than 12 months at the sheriff''s discretion.

Where a creditor has petitioned for an individual''s bankruptcy, a sheriff may continue the petition for such period as he sees fit, if that individual has applied for a debt payment programme under the Debt Arrangement Scheme.

I refer the member to the answer to question S3W-23429 on 14 May 2009. 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.

Data from 1999-2000 does not provide a basis for comparison with that from 2008-09 because charges at the former time were set at the regional level by three separate water authorities.

I refer the member to the answer to question S3W-23429 on 14 May 2009. 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 Scottish Government responded to Waterwatch Scotland on publication of its affordability report in September 2008. That response set out that we continue to be committed to introducing a fairer local tax based on ability to pay. Such a change would have implications for the household water charge basis given the present links to the Council Tax system. The response also set out that, in light of this planned wider change, it would be difficult to review particular aspects of the water charging system.

Meantime, the Government is grateful to Waterwatch for this report which addresses a number of important issues. As is reflected in our draft 2010-14 Principles of Charging Statement - a second draft of which was published in March 2009 - we continue to regard the affordability of household charges as a significant objective. We will ensure that the present bespoke reduction scheme for households in receipt of council tax benefit will continue.

The Scottish Government has a new level of ambition to tackle poverty in Scotland and is determined to deliver real and lasting change. Last year we published Achieving our Potential “ a framework setting out the shared approach of Scottish Government and local government in tackling poverty in Scotland. This framework refers to our specific measures to tackle fuel poverty, including the new energy assistance package, and outlines other key actions to tackle poverty required by the Scottish Government and its partners, particularly the strengthening of income maximisation work in an attempt to alleviate the disadvantage of all types of poverty in Scotland.

The framework also calls for the UK government to transfer responsibility for personal taxation and responsibility for the entire benefits system as this relates to Scotland.

This information is not held centrally.

I refer the member to the answer to question S3W-23498 on 14 May 2009. 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 Scottish Enterprise strategy for the aerospace, defence and marine industry is in the process of being developed in consultation with the Industry Advisory Group. A publication date has not been set yet, as this will be dependent on progress in the development work and the considerations of the Industry Advisory Group.