- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Colin Boyd on 11 May 2004
To ask the Scottish Executive, further to the answers to questions S1W-33923 and S2W-116 by Mrs Elish Angiolini on 10 March and 2 June 2003 respectively, how many cases were marked “no proceedings” in 2003-04 because of a non-court disposal, broken down into warnings, conditional offers, fiscal fines and diversions from prosecution.
Answer
As indicated in the answer givento question S2W-116 on 2 June 2003, cases in which there has been a non-court disposalare not marked “no proceedings” and do not form part of any no proceedings dataprovided by Crown Office.
The numbers of cases closed bynon-court disposals in the categories listed for the period 2003-04 are as follows:
| Total Reports Received | Cases Closed as Warning | Cases Closed as Conditional Offer | Cases Closed as Fiscal Fine | Cases Closed as Diversion from Prosecution |
| 325,461 | 21,920 | 8,690 | 30,029 | 1,342 |
| As % of Total Reports | 6.7% | 2.6% | 9.2% | 0.4% |
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Andy Kerr on 11 May 2004
To ask the Scottish Executive, with reference to the Local Government in Scotland Act 2003, when it will bring into force (a) the remainder of section 8 and section 9, (b) section 11, (c) the remainder of section 35 and section 36 and (d) section 40 and what the reasons are for each of these sections not yet being brought into force.
Answer
Sections 35 and 36 of theLocal Government in Scotland 2003 were fully commenced on 1 April 2004. The commencementof the other sections referred to depend on regulations being laid and approvedby the Scottish Parliament.
The Scottish Executive has undertakento consult local authority associations and others before laying regulations underthe Local Government in Scotland Act 2003 to ensure that they - and any subsequentguidance - are clear, unambiguous, and take practical issues into account. The consultationand feedback processes have been paced to ensure that overload and confusion isavoided.
Regulations to be laid undersection 11 will be published in draft within the next month for consultation.
Consultation on the content ofregulations to be laid under section 40 was undertaken earlier this year and regulationsare currently in development.
Consultation on the content ofregulations to be laid under sections 8 and 9 is planned to commence this summer.
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Hugh Henry on 11 May 2004
To ask the Scottish Executive what information it has regarding the impact on local authorities of the abolition of feudal tenure.
Answer
Although the Abolition of FeudalTenure etc. (Scotland) Act received Royal Assent in 2000 it will not take effectuntil 28 November 2004. Local authorities will have until November to preservecertain special types of right and even after that they will still be able to preservetheir rights over housing estates where they retain some properties. After the feudalsystem is abolished, local authorities will have to modify their practice when sellingland to take account of the types of title conditions which will be permitted infuture. The process by which authorities may preserve rights over housing estateswas simplified following consultation with authorities when the legislation wasbeing considered.
The Executive wrote to the Chief Executives and principal legal officers of all Scottish local authorities on 7 May 2003, outliningthe main areas of reform and suggesting actions which councils might wish to consider.The Executive will be producing further general guidance on its programme of propertylaw reform later in 2004.
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 26 April 2004
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Current Status:
Answered by Cathy Jamieson on 11 May 2004
To ask the Scottish Executive, what the cost was of, and how many cells are in, the new houseblocks at (a) HM Prison Edinburgh and (b) HM Young Offenders Institute Polmont.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:
| Establishment | Cost (£ million) | Number of Cells |
| HM Prison Edinburgh | 18 | 224 |
| HM Young Offenders Institute Polmont | 17 | 211 |
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Ross Finnie on 11 May 2004
To ask the Scottish Executive what its position is on privatising the water supply.
Answer
The Executive remains fully committedto retaining water supply in the public sector. The Water Services Bill will prohibitthird parties from using the public water and sewerage networks, ensuring that ScottishWater remains the sole physical supplier of water and sewerage services to all premisesconnected to the public networks. This prohibition, together with the prohibitionon retail competition to domestic customers and provisions to license retail competitionfor non-domestic customers will reinforce our commitment to retain Scottish Waterin the public sector.
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Patricia Ferguson on 11 May 2004
To ask the Scottish Executive how many (a) statutory instruments made by a Minister of the Crown or Her Majesty in Council and (b) Acts of the UK Parliament have amended (i) an Act of the Scottish Parliament, (ii) an Act of Parliament relating to a devolved area and (c) a Scottish Statutory Instrument in each year since 1 July 1999.
Answer
The information requested isnot recorded in the form specified. However, (a) statutory instruments and (b) actsof the UK Parliament are published on Her Majesty’s Stationery Office website, whichcan be accessed at
www.hmso.gov.uk, and includethose which have amended (i) an act of the Scottish Parliament, (ii) an Act of Parliamentrelating to a devolved area and (iii) a Scottish Statutory Instrument since 1 July1999. Also, in relation to (b) acts of the UK Parliament, any which amend legislationrelating to a devolved area will have been subject to one or more of the 54 Sewelmotions (covering the 49 bills listed below) so far approved by the Scottish Parliament.
Bills for which SewelMotions have been Approved
| Food Standards |
| Financial Services and Markets |
| Electronic Communications |
| Limited Liability Partnerships |
| Sea Fishing Grants (Charges) |
| Representation of the People |
| Sexual Offences (Amendment) |
| Political Parties, Elections and Referendums |
| Regulation of Investigatory Powers |
| Learning and Skills |
| Race Relations (Amendment) |
| Insolvency |
| Care Standards |
| Government Resources and Accounts |
| Criminal Justice and Courts Service |
| Health and Social Care Modernisation |
| Tobacco Advertising and Promotion |
| International Criminal Court |
| Outworking |
| Criminal Justice and Police |
| International Development |
| Culture and Recreation |
| Armed Forces |
| Adoption and Children |
| Proceeds of Crime |
| Anti-Terrorism, Crime and Security |
| NHS Reform and Health Care Profession |
| Police Reform |
| Enterprise |
| Private Hire Vehicles (Carriage of Guide Dogs etc.) |
| Extradition |
| Waste and Emissions Trading |
| Criminal Justice |
| Crime (International Co-operation) |
| Local Government |
| Sexual Offences |
| Railways and Transport Safety |
| Health and Social Care (Community Health & Standards) |
| Fireworks |
| Legal Deposit Libraries |
| Planning & Compulsory Purchase* |
| Health Protection Agency* |
| Energy* |
| Gender Recognition * |
| Higher Education* |
| Asylum and Immigration (Treatment for Claimants)* |
| Companies (Audit, Investigations and Community Enterprise)* |
| Civil Contingencies* |
| Justice (Northern Ireland)* |
Note:
*Signifies yet to be enacted.
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Hugh Henry on 11 May 2004
To ask the Scottish Executive whether it has made any representations to Her Majesty's Government with regard to the impact of stamp duty land tax on the Scottish system of conveyancing land.
Answer
Prior to the introduction ofStamp Duty Land Tax, there were discussions between the Inland Revenue, the JusticeDepartment and the Law Society of Scotland in relation to the implications for Scottishproperty transactions. Registers of Scotland were also consulted in respect of the impact Stamp DutyLand Tax would have on the two property Registers (the Land Register of Scotlandand the General Register of Sasines). Those discussions resulted in a special arrangementfor certain transactions where there may be a risk to the purchaser if the titledeed is not submitted quickly for registration in the appropriate property register.
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 26 April 2004
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Current Status:
Answered by Andy Kerr on 11 May 2004
To ask the Scottish Executive whether no worker has faced less favourable terms and conditions as a result of a transfer of undertakings from the public sector to a PPP following the protocol agreed with the Scottish Trades Union Congress in 2002.
Answer
The Executive/STUC staffing protocolhas been implemented as part of the PPP process. I am not aware that any employeehas transferred since the introduction of the protocol.
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Andy Kerr on 11 May 2004
To ask the Scottish Executive what impact it estimates the reform of stamp duty will have on (a) its budget and (b) the budgets of local authorities.
Answer
We do not expect the changesin Stamp Taxes announced in the UK March Budget to have a significant impact oneither the Executive or local authority budgets.
- Asked by: Linda Fabiani, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 April 2004
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Current Status:
Answered by Cathy Jamieson on 11 May 2004
To ask the Scottish Executive what it anticipates the annual cost will be to the Scottish Legal Aid Board of cases being presented to any newly-formed UK Supreme Court.
Answer
It is not possible to anticipatewith any accuracy the annual cost to the board of cases presented to the SupremeCourt. The number of cases in any year is likely to be small and the costs willvary depending on the needs of each case. However, Scottish ministers do not expectthat the costs each year will be greater than that which would have arisen in theHouse of Lords and Judicial Committee of the Privy Council.
