- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Monday, 22 May 2000
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Current Status:
Answered by Susan Deacon on 21 June 2000
To ask the Scottish Executive whether it plans to review Scottish Office Home and Health Department Circular 1992 (GEN) 9 and, in particular, whether it will amend this circular to allow the voluntary involvement of informed young people in controlled and supervised test purchases of tobacco, given that this is currently prevented primarily on the welfare ground of protecting child volunteers from a court appearance while children who purchase cigarettes on their own volition can appear as witnesses.
Answer
We have no such plans. The particular aspect of the guidance referred to is a Crown Office matter and their view, which has not been arrived at lightly, remains as stated in the guidance. We are, however, working closely with CoSLA, ACPO(S) and trading standards representatives in Scotland to develop an enforcement strategy using alternative methods which are compatible with the criminal justice system in Scotland.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Thursday, 18 May 2000
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Current Status:
Answered by Wendy Alexander on 12 June 2000
To ask the Scottish Executive whether it has any plans to introduce legislation to regulate the level of rents in the private rented housing sector.
Answer
Rents for tenancies which pre-date 2 January 1989 are regulated by the provisions of the Rent (Scotland) Act 1984. If either the tenant or the landlord request a determination, Rent Officers decide what figure is fair for the particular property, and the rent is registered. If either the landlord or tenant is dissatisfied with the Rent Officer's decision, the Rent Assessment Committee can be asked to reconsider the rent.Following the introduction of the Housing (Scotland) Act 1988, rents for assured tenancies entered into on and after 2 January 1988 are not regulated. Rents are instead agreed at the outset between the landlord and tenant and I have no current plans to introduce legislation to regulate these rents.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Thursday, 18 May 2000
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Current Status:
Answered by Wendy Alexander on 12 June 2000
To ask the Scottish Executive whether it has any plans to introduce legislation to improve the rights of tenants in the private rented housing sector in relation to maintenance and improvement of property.
Answer
I have no plans at present to introduce new legislation in this regard, beyond the HMO licensing scheme. Private sector landlords are currently required, by law, to maintain their property wind and water tight and in good tenantable condition. They must also keep in repair the structure and exterior of the house and maintain the proper working order of installations in the house, such as sinks, baths and heating systems. If the landlord does not meet their statutory responsibilities, the tenant can pursue this in the courts who can order such repairs to be done and may award damages to the tenant.If a private sector tenant wished to repair or make improvements to the property over and above the statutory requirements and outwith their tenancy agreement, then this would normally be a matter which they could agree with their landlord. The landlord would not be entitled to increase the rent as a result of any improvements by the tenant.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Thursday, 18 May 2000
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Current Status:
Answered by Wendy Alexander on 9 June 2000
To ask the Scottish Executive whether it has any plans to introduce legally binding tenancy agreements with rights similar to those of a Secure Tenancy Agreement for tenants in the private rented sector.
Answer
Private sector landlords generally let property under an assured tenancy, where the tenant cannot be evicted without a court order, a spouse or partner can succeed to the tenancy and the tenant has the right to assign and sub-let the property.Existing legislation also provides that private sector landlords must draw up a written agreement setting out the terms of the tenancy, including the length of the tenancy, how much rent is to be paid, when and how the rent is to be paid and how any increases are to be decided on. It should also cover the responsibility for repairs and maintenance and internal decoration and any conditions or restrictions on the use of the property. Other rights and obligations can be included in the agreement if both parties agree. I have no plans at present to change these arrangements.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Thursday, 18 May 2000
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Current Status:
Answered by Jackie Baillie on 1 June 2000
To ask the Scottish Executive whether it intends to review the guidance given to Scottish Homes and local authorities in order to ensure that all homes built with an element of public funding are built to a "lifetime" standard.
Answer
Scottish Homes has recently published design guidance entitled Housing For Varying Needs which endorses barrier-free design as the preferred standard for mainstream housing. Scottish Ministers have agreed that, where possible, all new housing funded by Scottish Homes should be built to the standards contained within the guidance. The guidance is also recommended to local authorities and commended to the private sector.The barrier-free requirements in the Scottish Homes guidance are broadly equivalent to the English and Welsh "Lifetime" standards concept.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Thursday, 18 May 2000
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Current Status:
Answered by Jackie Baillie on 1 June 2000
To ask the Scottish Executive whether it intends to review the Scottish Homes definition of barrier-free housing.
Answer
Scottish Homes design guidance Housing For Varying Needs includes advice on barrier-free design standards. This guidance was published in 1998 following wide-ranging consultations with interested parties and we have no plans, at present, to ask Scottish Homes to undertake a review.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Thursday, 18 May 2000
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Current Status:
Answered by Peter Peacock on 1 June 2000
To ask the Scottish Executive whether it has any plans to require local authorities to specify that only transport with fitted seatbelts can be used on contracted services conveying pupils to or from school.
Answer
Contracts for the provision of school transport are matters for the local authorities and there are no plans for the Executive to make specific requirements relating to the fitment of seat belts. It is open to local authorities, as a matter of their own policy in awarding a contract, to consider specifications which exceed legal requirements.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Thursday, 18 May 2000
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Current Status:
Answered by Sarah Boyack on 1 June 2000
To ask the Scottish Executive whether it intends to review building regulations on dwellings with a view to improving the thermal efficiency of new dwellings.
Answer
Building regulations are presently being considered for amendment, to ensure that effective energy efficiency measures are incorporated into new buildings. It is the intention to issue a consultation document in July on proposed changes to Part J, Conservation of fuel and power, of the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Wednesday, 24 May 2000
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Current Status:
Answered by Iain Gray on 1 June 2000
To ask the Scottish Executive what impact it anticipates the recently announced additional resources for the National Health Service will have on delayed discharges from hospitals.
Answer
I expect a positive impact in those cases where finance is a factor contributing to the delayed discharge.
- Asked by: Bristow Muldoon, MSP for Livingston, Scottish Labour
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Date lodged: Wednesday, 16 February 2000
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Current Status:
Answered by Henry McLeish on 24 February 2000
To ask the Scottish Executive how many people in Scotland will benefit from the forthcoming uprating of the National Minimum Wage.
Answer
The Low Pay Commission published a recent report on this reserved issue. They estimate that some 1.5 million people across the United Kingdom stand to gain from the minimum wage, but do not analyse this by country or region. However, Office for National Statistics figures from last year indicated that at least 40,000 low paid workers in Scotland had their pay raised above the national minimum wage rates in spring 1999. It is likely that a similar number of people in Scotland will benefit from the uprating.