Chamber and committees

The Communications Sector, which includes resilience of the telecoms network, is reserved and the responsibility of the UK Government.

There are no specific obligations on telecoms operators to disclose assets that are at risk of flooding or a single point of failure to the Scottish Government.

However there is a broad requirement for telecoms operators to mitigate and minimise, in accordance with good industry practice, the number of single points of failure within the Network.

The Scottish Government works closely with the UK Government, telecoms operators and owners to ensure Scotland’s telecoms networks are resilient to a variety of risks, including flooding and other climate change related factors.

In 2020, we published the ‘Keeping Scotland Running’ Guidance Suite, which seeks to support the delivery of Scotland’s Critical Infrastructure Resilience (CIR) Strategy. This Guidance Suite comprises seven separate guidance documents designed to equip and enable CIR stakeholders to work together to build resilience across the critical infrastructure sectors in Scotland. Two of these guides specifically look at Building Resilience to Natural Hazards and Building Resilience to Climate Change (Adaption).

Our approach to building resilience to the impacts of climate change more widely is set out in the statutory Scottish Climate Change Adaptation Programme 2019-2024. One of the high level outcomes the Programme is structured around is that “Our society’s supporting systems are resilient to climate change”.

The Scottish Government monitors the size of the challenge ahead by consideration of climate projections, flood mapping, modelling and analysis carried out by a number of key, expert partners such as the Met Office, SEPA and Scottish Water.

We recognise that our urban areas in particular face mounting challenges with surface water drainage and related flooding. This is why we must ensure that communities and places are water resilient and set-up for the climate challenges ahead. This will require a concerted effort across all sectors to ensure that new development is appropriately sited and designed and that existing buildings can transition to managing rainwater through blue green infrastructure instead of sewers reducing the pressure on our drainage systems.

Under the Sewerage (Scotland) Act 1968 Scottish Water has the public drainage duty and is responsible for the drainage of foul flows and rainwater run-off (surface water) from roofs and any paved ground surface within the property boundary for normal rainfall events. It should be noted that the majority of the public sewer network across Scotland is a “combined sewer” network which takes both foul flows and surface water into a single pipe. The current drainage systems serve our towns and cities well for the majority of rainfall events. However, below-ground piped systems have a fixed capacity, which means that during severe rainfall events, flooding can occur because the capacity of some or several parts of the drainage system is exceeded. Climate change and increasing areas of impermeable surfaces (also known as urban creep) means that more rainwater is currently entering the sewerage network than it was designed for in a number of places.

The complex nature of flooding across Scotland, with many agencies responsible for different aspects of the flooding, sewerage and drainage systems in communities, means that a partnership approach is vital for reducing the risk of flooding. As a ‘responsible authority’ under the Flood Risk Management Scotland Act 2009, Scottish Water will continue to work with local authorities who have a responsibility for roads drainage as well as being the designated Flood Authority, managing the risk of flooding from surface water. The main platform to achieve surface water management will be through the development of Surface Water Management Plans (SWMP) which are required to be developed for areas which have been identified as having a high risk of surface water flooding through the SEPA Flood Risk Management Plans.

These plans will then inform future investment strategies and decisions for the relevant organisations to ensure a co-ordinated approach is taken forward across each Local Authority area.

Of course, over 36,000 sewer blockages a year are caused by customers flushing inappropriate items such as wet wipes; these blockages will also result in flooding. Scottish Water has launched its Nature Calls campaign to raise awareness of the issues and call for a ban on wipes containing plastic. Further information is available at https://www.scottishwater.co.uk/About-Us/News-and-Views/2022/02/230222-Nature-Calls-Launch-NEW .

As the Roads Authority, local authorities are responsible for the drainage of local roads and public highways under the Roads (Scotland) Act 1984 - including maintenance of road gullies. The Scottish Government does not hold information on how many local authorities prioritise high risk areas in their drain clearance schedules. Local Authorities are responsible for and best placed to respond to, need in their area.

The 2022-23 Local Government Finance Settlement of almost £12.7 billion represents a cash increase of almost £1.1 billion or 9.2 per cent which is the equivalent of a real terms increase of 6.3 per cent.

However, the Scottish Government’s policy towards local authorities’ spending is to allow local authorities the financial freedom to operate independently. As such, the vast majority of funding is provided by means of a block grant. It is the responsibility of individual local authorities to manage their own budgets and to allocate the total financial resources available to them on the basis of local needs and priorities.

Local authorities are independent corporate bodies with their own powers and responsibilities. It is up to each local authority how it manages its day-to-day business and decision making processes.

The Scottish Government does not take into account the length of roads for which a local authority is responsible when allocating funding to local authorities for flood risk management.

The Flood Risk Management (Scotland) Act 2009 provides the framework for effective management of flood risk.

As part of our civil contingencies risk assessment work, the Scottish Government’s Resilience Division works closely with resilience partners, including the Scottish Environment Protection Agency and the Met Office, to assess climate change risk. This work includes the development of the Scottish Risk Assessment (SRA), which is designed to supplement UK Government’s National Security Risk Assessment. Together these documents assist Scottish responders and policy makers in understanding the most significant civil contingencies emergencies which Scotland may face over the next two to five years. The current SRA includes six new risk assessments themed around major impacts from climate change, as well as a dedicated climate change overview chapter.

The Civil Contingencies Act 2004 places 7 duties on local authorities including duties to assess the risk of an emergency occurring, and to plan for such emergencies, and maintain those plans accordingly. Further guidance and best practice for categorised responders, including local authorities, on planning and preparing for emergencies is set out in our Preparing Scotland guidance.

Local Resilience Partnerships (LRPs) undertake multi-agency tabletop exercises involving flooding or severe weather scenarios as a matter of course. Local flood defence mechanisms are tested by resilience partners on a regular basis.

The Scottish Government issued a letter to adult care homes on
‎ 24 March 2022 outlining updates to guidance including visiting. The Scottish Government fully expects care homes and local health protection teams to support people living in care homes to have visits from loved ones, unless there are truly exceptional circumstances. During an outbreak, care home residents can see one of their three named visitors once a day. The letter with updated guidance can be found on the Scottish Government website via the following link: Annex 1 - Coronavirus (Covid-19): changes to guidance for adult and older people care homes - gov.scot (www.gov.scot)

The Scottish Government will continue to work with Public Health Scotland and the care home sector to review the remaining recommendations in adult care homes.

The Scottish Government has no plans to introduce legislation to sanction residential park owners who do not supply timely and fully completed written statements to their residents. The Mobile Homes Act 1983 states that if the owner has failed to give the occupier a written statement, the occupier may apply to the court for an order requiring the owner to give him a written statement.