Chamber and committees

Responsibility for delivering 1140 hours of funded ELC sits with local authorities, who have a statutory duty to consult with families in their area about how they should make ELC available.

Current arrangements for when children become eligible for funded early learning and childcare (ELC) are set out under the Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014. Three-year-olds are eligible to start funded ELC from the relevant start date, which is usually the term after their 3rd birthday, and does not vary in relation to the number of siblings.

Local authorities have powers to provide funded ELC from an earlier date, if they choose to do so.

At a national level, the Scottish Government funds earlier access to ELC for eligible two-year-olds – those we believe will benefit the most – based on a range of research which shows that while attending high quality ELC improves outcomes for all children, children facing the most disadvantage, benefit the most.

The aim of the 1140 policy is to support affordability and improve outcomes for all eligible children and their families, with 1140 hours per year offered to all 3- and 4-year-olds and eligible 2-year-olds and we have invested around £1 billion every year since 2021 to support that.

Families who are not yet eligible for funded early learning and childcare (ELC) can access financial support with childcare costs through either Universal Credit or Tax-Free Childcare. Tax-Free Childcare support is per child, and the upper limit on Universal Credit support with childcare costs is also set higher for families with more than one child. The Scottish Child Payment and Best Start Grant are also both paid on a per-child rather than per-family basis.

All local authorities have the discretion to make funded ELC available to address specific needs, and parents are encouraged to engage with their local authority to ensure that their needs are known and understood.

The Scottish Government fully funds Local Authorities to deliver 1,140 hours of funded ELC. Local authorities have a statutory duty to provide funded ELC to all entitled children in their area and are responsible for local admission policies.

The Scottish Government has issued Operating Guidance on Funding Follows the Child and the National Standard which sets out the Scottish Government’s expectations of local authorities in delivering funded ELC hours.

The Children and Young People (Scotland) Act 2014 (Section 50) also requires local authorities to consult with families in their area about how they should make ELC available. This duty helps local authorities to take into consideration the views and needs of parents and carers they serve when making decisions on how to deliver funded ELC.

The Transport (Scotland) Act 2019 places a duty upon all local authorities to enforce the new parking prohibitions. It is for each local authority to determine how best to monitor the effectiveness of enforcement in their area. However, Transport Scotland does collate figures on annual income/expenditure and Penalty Charge Notices issued, which now includes pavement parking. Scottish Ministers publish an annual report and the most of which, covering 2024-25, was published in January 2026 and can be found at the following link: Decriminalised Parking Enforcement (DPE) Report 2024-2025 | Transport Scotland

Under existing legislation, Dutyholders (the employer, as well as any other person who may have control to any extent of any part of the premises) are already responsible for complying with the Fire (Scotland) Act 2005 and the associated Fire Safety (Scotland) Regulations 2006 to ensure the safety of others from fire. As part of this, all relevant non-domestic premises must have an active fire risk assessment in place, carried out by a competent person. The Scottish Fire and Rescue Service (SFRS) also work with dutyholders in relevant premises to achieve compliance in fire safety through partnership working, providing advice and support when requested.

The use of premises as a shop, including for vape sales, falls within Class 1A of the Town and Country Planning (Use Classes) (Scotland) Order 1997. Decisions on planning applications and other local planning matters are, in the first instance, the responsibility of the planning authority, in this case Glasgow City Council. This applies both to full planning applications and to associated listed building consent applications. It is for the authority to interpret and apply the development plan and any other material considerations as they consider appropriate in the circumstances of each case.

The Scottish Government previously received an information request under the Environmental Information (Scotland) Regulations 2004, for the following:

“All documents, records, assessments, briefings, reports, emails, and meeting notes created, held or considered by the Scottish Government in relation to the decision to remove email as a method for members of the public to submit representations on energy consent applications, and to require use of the Energy Consents public portal for public submissions.”

Our response has been published and can be found at the following address:

https://www.gov.scot/publications/foi-202600502867/

It is also important to distinguish between the different roles and relationships in the Section 36/37 consenting process.

Developers, or applicants, have an ongoing working relationship with the Energy Consents Unit throughout the application process. They are required to pay fees, provide additional information, respond to queries, submit technical reports, and engage in iterative dialogue about their applications. This necessitates direct communication channels.

Statutory consultees are public bodies and agencies with specific statutory duties to provide expert advice on applications. Their consultation responses are part of an ongoing professional dialogue and often require discussion and exchange, which again necessitates direct communication channels. It should also be noted that whilst not statutory consultees by definition, we engage Community Councils during this period and through this mechanism.

Members of the public making representations are exercising a right to submit views on applications during a defined consultation period. This is a different type of engagement from the ongoing professional relationships described above. The portal and postal routes are designed specifically for this purpose: to capture representations during the public consultation period in a standardised, accessible, and compliant manner.

Ultimately, these are different functions with different needs. The distinction is based on the nature of the engagement, not on favouring one category over another. Members of the public retain the same right to participate in the decision-making process, it is only the submission method that has changed.

The Scottish Government previously received an information request under the Environmental Information (Scotland) Regulations 2004, for the following:

“All documents, records, assessments, briefings, reports, emails, and meeting notes created, held or considered by the Scottish Government in relation to the decision to remove email as a method for members of the public to submit representations on energy consent applications, and to require use of the Energy Consents public portal for public submissions.”

Our response has been published and can be found at the following address:

https://www.gov.scot/publications/foi-202600502867/

The decision to transition from email-based submission to a structured digital portal was taken to address operational, legal, and service improvement objectives. This included responding to longstanding public feedback about delays in the publication of submitted representations.

No discussions have taken place to consider reinstating email as a valid method of submitting public representations since the Energy Consents Unit introduced its improved portal functionality on 16 January 2026.

Complaints from developers about the number of public representations being submitted were not a consideration of the decision to transition from email-based submission to a structured digital portal. The decision was taken to address multiple operational, legal, and service improvement objectives.

The Scottish Government has no plans to introduce a moratorium on data centres.

The environmental implications of all developments which require planning permission are considered through the planning process, and all proposed developments are considered on their own merits. In cases where a proposal is likely to have a significant environmental effect, these powers are further supplemented by the procedures set out in environmental impact assessment legislation. National Planning Framework 4 makes clear that significant weight will be given to the global climate and nature crises when considering all development proposals. We continue to review emerging evidence on energy use, resource implications and good practice in the operation of data centres.