Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-27362

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 07 September 2015
Current Status: Answered by Paul Wheelhouse on 17 September 2015

To ask the Scottish Government how many home buyers have been victims of fraudulent disposition in each year since 1999.

The Scottish Government answered a similar question S4W-22567 on 2 October 2014.

We do not hold the information requested. However, there is published statistical information on criminal proceedings in Scotland:

http://www.gov.scot/Topics/Statistics/Browse/Crime-Justice/PubCriminalProceedings

I will write to the member with more details of statistical information on criminal offences relating to fraud.

Registers of Scotland are responsible for the registering of dispositions. However, Registers of Scotland would only know if a fraudulent deed had been registered if the fraud comes to light.

Some deeds are registered in the Land Register and others in the Register of Sasines (though the Register of Sasines is being closed and all dispositions must now be registered in the Land Register).

In the Land Register, a party affected by fraud can apply for rectification of the register. However, the Keeper of the Registers does not catalogue the applications for rectifications in such a way as to allow her to identify the number of rectifications sought as a consequence of fraud.

In the Register of Sasines, a fraudulent deed can be reduced by a decree of reduction granted by the courts. These decrees may be recorded in the Sasines but that is not obligatory. A search of the Sasines to examine decrees of reduction granted by the courts following the recording of a fraudulent deed would be time-consuming. In any event, any such search would not give a definitive answer given that some fraud may be undetected and, in other cases, the decree of reduction may not have been recorded.

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

Question reference: S4W-27365

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 07 September 2015
Current Status: Answered by Paul Wheelhouse on 17 September 2015

To ask the Scottish Government what recourse is available to a homeowner in a block of flats whose property has been damaged if another property in the building is the subject of a disposition dispute.

The usual position when property in a block of flats is damaged by property owned by somebody else is to seek recompense from the owner of the property that has caused the damage. Section 18 of the Tenements (Scotland) Act 2004 provides that owners of flats in tenements have a duty to obtain insurance against risks prescribed in regulations made by the Scottish Ministers. These regulations are at: http://www.legislation.gov.uk/ssi/2007/16/contents/made. If there is a dispute about liability because there is a dispute about ownership of the property that caused the damage, the first step would usually be for the parties involved to discuss to see if they can reach an agreement on liability. The 2004 Act makes provision on liability or continuing liability in certain circumstances: for example, section 28(2) makes provision on what ‘owner’ means. In some cases, alternative dispute resolution such as mediation or arbitration may help to resolve any dispute. If agreement cannot be reached, it would be open to one or more of the parties to raise an action in court to resolve the matter.

Question reference: S4W-27363

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 07 September 2015
Current Status: Answered by Paul Wheelhouse on 17 September 2015

To ask the Scottish Government what recent discussions it has had with the Law Society of Scotland regarding (a) compensating victims of and (b) conveyancing matters and fraudulent disposition.

These matters have arisen as part of regular discourse with the Law Society of Scotland. I most recently met with the Law Society of Scotland on 3 September 2015 as part of my quarterly meetings with them. At this meeting, I emphasised the need to resolve quickly the cases in Aberdeen and Happy Valley, West Lothian which were the subject of the report by former Sheriff Principal Bowen to the society on consumer protection in conveyancing: http://www.lawscot.org.uk/media/439009/Law-Society-report-Consumer-Protections-in-Conveyancing-Cases.pdf

The Scottish Government will continue to discuss with the society and others what changes should be made generally to conveyancing following the recommendations in Sheriff Principal Bowen’s report and with particular focus on preventing any similar case arising in future and, if they do, seeing them resolved more effectively.

Question reference: S4W-27357

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 07 September 2015
Current Status: Answered by Alex Neil on 17 September 2015

To ask the Scottish Government whether there is provision in planning guidance to ensure that redundant satellite dishes are removed from properties.

There is no such general provision where a condition is attached to planning permission for a satellite dish requiring the removal of a redundant dish, enforcement of such a condition would be matter for the planning authority. The permitted development rights for certain changes to the exterior of dwelling houses and flats, which could include satellite dishes, do not include such a condition.

Question reference: S4W-27358

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 07 September 2015
Current Status: Answered by Margaret Burgess on 17 September 2015

To ask the Scottish Government what would happen in the event of enforcement action taking place under the Housing (Scotland) Act 2006 if a property in a block of flats was the subject of a disputed disposition.

Local authorities have powers under the Housing (Scotland) Act 2006 to issue work notices and maintenance orders on owners in blocks of flats. When owners are unable or unwilling to comply with a notice or order the local authority can carry out work itself and recover costs from owners. The local authority has power under section 186 of the Act to make inquiries necessary to assist it in exercising these powers. It would be for the local authority to decide who it considers to be the owner of the property for the purpose of serving a notice. Section 64 of the Act provides a right of appeal to the Sheriff for anyone who is aggrieved by the local authority’s decision to serve a notice or order.

Question reference: S4O-04565

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Wednesday, 02 September 2015
Current Status: Answered by Fergus Ewing on 9 September 2015

To ask the Scottish Government what recent meetings and communications it has had with the UK Government regarding the oil and gas industry.

Question reference: S4O-04528

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Wednesday, 26 August 2015
Current Status: Taken in the Chamber on 2 September 2015

To ask the Scottish Government how much it is spending in 2015-16 to mitigate the UK Government’s social security reforms.

Question reference: S4W-26544

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Friday, 03 July 2015
Current Status: Answered by Aileen McLeod on 5 August 2015

To ask the Scottish Government what data it holds on the control of urban gull populations across Scotland.

Question reference: S4W-26545

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Friday, 03 July 2015
Current Status: Answered by Aileen McLeod on 5 August 2015

To ask the Scottish Government whether any local authorities use management rules under the Civic Government (Scotland) Act 1982 to discourage the feeding of gulls on public land.

Question reference: S4W-26546

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Friday, 03 July 2015
Current Status: Answered by Alex Neil on 30 July 2015

To ask the Scottish Government which local authorities issue planning guidance on gullproofing, and whether the effectiveness is monitored.