Chamber and committees

Scottish Procurement Policy Notes (SPPNs) provide public bodies with advice on a range of procurement policy issues. SPPN 04/2014, published in August 2014, provides advice to purchasers on the options available to them when dealing with companies active in illegal settlements. While the references to procurement Regulations within that SPPN relate to procurement exercises that have taken place before 18 April 2016, its key points remain applicable under procurement Regulations that came into effect on 18 April 2016.

The statutory guidance under the Procurement Reform (Scotland) Act 2014 published in March 2016 provides further guidance on the selection of tenderers and award of contracts and is available at http://www.gov.scot/Publications/2016/03/8410/0. The final Business and Regulatory Impact Assessment (BRIA) sets out our commitment to review implementation of this legislation. A copy of the BRIA is available on the Scottish Government website at: http://www.gov.scot/Resource/0043/00435515.pdf.

The Dublin Hub has successfully created and strengthened relationships in areas such as culture, business and trade, and government between Scotland and Ireland. The Hub promotes a modern and progressive Scotland as an attractive place to live, work, study and invest.

Scottish Government will continue to assess the specific character of the markets in which it operates, and decide on that basis on the best location for its representatives in country. Our experience in Dublin has been that the location of our Hub in the Embassy has advantages and disadvantages. Operating off an embassy platform allowed the Hub to establish itself quickly and operate at comparatively low cost. Operating as a part of the UK wide platform confers diplomatic status enabling easier access to Irish government structures and buildings. However, given the nature of the property, access to the Embassy is constrained by security considerations, which tends to limit operational scope and flexibility.

I have met BBC officials several times since they announced the new Scottish channel, including Director-General Lord Hall. We discussed the need for the BBC to ensure the new channel is properly resourced so it can commission high quality programming that will help develop our creative sector and meet the expectations of Scottish audiences. Content has been discussed only at the level of genre, where long-running drama is clearly important for the development of the sector in Scotland. It is not appropriate for the Scottish Government to seek to influence specific programming and content of the independent BBC.

NHS National Services Scotland has confirmed that they have had no discussions with the Scottish Medicines Consortium (SMC) in relation to funding for the use of Kuvan.

Kuvan’s manufacturer, BioMarin, have been involved in communications with the SMC and any decision over whether or not to make a submissions to the SMC is purely one for BioMarin.

NHS National Services Scotland has confirmed that they have had no discussions with BioMarin, in relation to Kuvan.

BioMarin have been involved in communications with the Scottish Medicines Consortium (SMC) and any decision over whether or not to make a submission to the SMC is purely one for BioMarin.

A Notice of Potential Liability for Costs (NPLC) expires after three years unless renewed. There are no fees or charges incurred when an NPLC expires.

If a homeowner wishes to challenge an NPLC they can discuss the issues with the person who registered the NPLC to see whether steps can be taken to resolve the matter. If agreement can be reached it is possible to register a discharge notice with the consent of the person who registered the NPLC. There are registration fees for registering a discharge notice.

Where the NPLC is registered in the Land Register (rather than the Register of Sasines, the older property register which is gradually being closed) the homeowner may request rectification of the register under section 80 of the Land Registration etc. (Scotland) Act 2012. The homeowner would need to be in a position to demonstrate that there is a manifest inaccuracy in the register. The Keeper need not investigate whether the information contained in the NPLC is accurate, but will rectify the register if satisfied that there is a manifest inaccuracy and it is manifest removal of the NPLC would rectify that inaccuracy. No fee for rectification is payable. More information is available at https://www.ros.gov.uk/services/registration/land-register/faqs/inaccuracy-and-rectification

It is open to a homeowner to seek recourse through the courts. There will be costs associated with raising an action in the courts. Individuals may, in certain cases, be eligible for legal aid. The Scottish Legal Aid Board will be able to provide information on an individual’s eligibility to claim legal aid.

When registering a Notice of Potential Liability for Costs (NPLC) the applicant has to provide a range of information.

The property must be described in a way that is sufficient to identify it. Where the property has a postal address, the description must include that address. Where title to the property has been registered in the Land Register of Scotland, the description must refer to the title number of the property or of the larger subjects of which it forms part. Otherwise, the description should normally refer to and identify a deed recorded in a specified division of the Register of Sasines.

The maintenance or work must be described.

The name and address of the person applying for registration of the notice must be provided or the applicant’s name and the name and address of the applicant’s agent must be provided.

The notice must be signed by or on behalf of the applicant.

Under section 112 of the Land Registration etc. (Scotland) Act 2012, it is a criminal offence for any party submitting an application to the Keeper for registration in the Land Register knowingly or recklessly to include materially false or misleading statements or to fail to disclose material information in such an application.

The NPLC has to be registered at least 14 days before the incoming owner becomes the new owner in order to allow time for the property registers to be searched by solicitors for purchasers.

There are a number of protections in place.

First of all, to take effect the Notice of Potential Liability for Costs (NPLC) must be registered at least 14 days before the incoming owner becomes the new owner, to allow time for the property registers to be searched by solicitors acting for the purchaser.

Second, only a limited group of people can register an NPLC. In relation to flats, those people are the owner of the flat; the owner of any other flat in the same tenement; a local authority entitled to recover costs and any manager of the tenement.

In relation to properties other than flats, the people who can register an NPLC are the owner of the property; the owner of any property entitled to enforce payment of the costs; and any property manager. The legislation lays down forms when applying to register an NPLC and by signing the form the applicant is certifying they have the legal right to make the application.

Third, under section 112 of the Land Registration etc. (Scotland) Act 2012, it is a criminal offence for any party submitting an application to the Keeper for registration in the Land Register knowingly or recklessly to include materially false or misleading statements or fail to disclose material information in such an application. Fraud is also a criminal offence at common law.

Fourth, any property factor submitting an application would be subject to the provisions of the Property Factors (Scotland) Act 2011 and the statutory Code of Conduct under the 2011 Act. More information on the 2011 Act is at https://beta.gov.scot/policies/homeowners/property-factor-registration/ Section 2.1 of the Code lays down that factors must not provide information which is misleading or false. This can be taken into account in determining whether a person is fit and proper to be a registered factor.

Fifth, a notice only makes incoming owners potentially liable. The actual liability would still have to be recovered using ordinary legal remedies, subject to scrutiny by the courts.

Finally, NPLCs expire after three years unless renewed.