- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 March 2019
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Current Status:
Taken in the Chamber on 28 March 2019
To ask the Scottish Government what assessment the finance secretary has made of the potential economic impact of a new national park.
Answer
Taken in the Chamber on 28 March 2019
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 06 March 2019
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Current Status:
Answered by Michael Matheson on 18 March 2019
To ask the Scottish Government by what date the South West Scotland Transport Study will publish its draft report.
Answer
Transport Scotland is currently analysing the evidence gathered from stakeholder and public engagement, and other research methods, to fully determine the issues and opportunities for transport in this area. It is anticipated that a draft report will be published this spring. Transport Scotland continue to keep stakeholders updated via its website.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 06 March 2019
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Current Status:
Answered by Michael Matheson on 18 March 2019
To ask the Scottish Government whether Scotland Transerv has the available resources to fulfil its contractual obligations regarding the management and maintenance of the A75 and the trunk road network in the south west.
Answer
Scotland TranServ has sufficient resources available to cover its contractual obligations for the management and maintenance of the South West Trunk Road Network, including the A75.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Submitting member has a registered interest.
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Date lodged: Thursday, 28 February 2019
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Current Status:
Answered by Paul Wheelhouse on 15 March 2019
To ask the Scottish Government what action it is taking to encourage the uptake of superfast broadband.
Answer
Since the £400 million Digital Scotland Superfast Broadband (DSSB) programme began, as our response to a failing in the UK wide model to deliver broadband services to many communities across Scotland , take -up of fibre broadband has been encouraged through extensive promotion, including press releases, regular briefings for local and national politicians as well as a variety of pro-active activities in recently activated areas, such as post-code mail shots and direct engagement through community councils.
The DSSB website provides extensive information about the current programme along with a helpful enquiry form, enabling the public to contact the project teams directly with specific queries.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Submitting member has a registered interest.
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Date lodged: Wednesday, 27 February 2019
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Current Status:
Answered by Paul Wheelhouse on 14 March 2019
To ask the Scottish Government how much investment has been made by BT through Gainshare as part of the Digital Scotland Superfast Broadband (DSSB) programme, broken down by Parliamentary region.
Answer
To date, as a result of better than expected take-up of broadband services by customers with 48.6% in rest of Scotland and 53% in the HIW area, £17.83 million has been brought forward through Gainshare by BT, across the Digital Scotland Superfast Broadband (DSSB) programme Of this, £15.6 million has been invested in the 'Rest of Scotland' contract and a further £2.23 million in the Highlands and Islands contract. This has resulted in further deployment in every local authority area across the country. We are not able to break this amount down by Parliamentary region.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 05 March 2019
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Current Status:
Answered by Kevin Stewart on 14 March 2019
To ask the Scottish Government what support it offers to home owners facing what they consider excessive charges for repairs being carried out by (a) registered social landlords and (b) factors.
Answer
Home owners are responsible for the cost of work to repair their own homes and for their share of common works in tenements, which may include a share of costs for work determined by a majority of other owners. Local authorities have broad discretionary powers to provide assistance to home owners who have difficulty in paying for repairs, subject to local resources and priorities. Where an owner is unable or unwilling to pay for their share of common works the local authority has discretionary power to pay the missing share, make a charge against the property, and recover it in instalments. A registered social landlord can pay, and recover, a missing share, if they own property in a tenement. The Scottish Government is also currently piloting an equity loan scheme in eight local authority areas, which can be used to help home owners fund repairs.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 05 March 2019
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Current Status:
Answered by Kevin Stewart on 14 March 2019
To ask the Scottish Government what appeal mechanisms are available to home owners when facing charges for repairs by (a) registered social landlords and (b) factors that they consider excessive.
Answer
General information on making a complaint to a registered social landlord can be found at: https://www.scottishhousingregulator.gov.uk/publications/complaints-about-regulated-body .
Registered social landlords (including subsidiaries) who operate as a property factor are also regulated by the Property Factors (Scotland) Act 2011. The Act requires all property factors to be registered and then to comply with a code of conduct (the Code) which sets out minimum standards of practice in the delivery of services to homeowners. It is a requirement of the Code for a property factor to provide a homeowner with a copy of its complaints handling procedure.
A homeowner should inform their property factor in writing of the reason why they consider their property factor to have failed to comply with the Code and/or failed to carry out its duties. If the property factor refuses or unreasonably delays in attempting to resolve the complaint, then the Act provides a route of appeal to the First-tier Tribunal for Scotland Housing and Property Chamber which, among other things, enables owners to have their concerns about their property factor adjudicated by an independent judicial body. The First-tier Tribunal have the power to issue a legally binding property factor enforcement order if it finds in the homeowner’s favour.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 05 March 2019
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Current Status:
Answered by Kevin Stewart on 14 March 2019
To ask the Scottish Government what statutory protection is available to home owners to protect them from excessive charges for repairs by (a) registered social landlords and (b) factors.
Answer
Registered social landlords (including subsidiaries) who operate as a property factor are regulated by the Property Factors (Scotland) Act 2011. The Act requires all property factors to be registered and then to comply with a code of conduct (the Code) which sets out minimum standards of practice in the delivery of services to homeowners.
The Code, amongst other things, requires all registered property factors to ensure transparency in financial and charging arrangements as well as when arranging for repairs and maintenance to be undertaken. The Code also requires a property factor to provide a homeowner with a copy of its complaints procedure that should set out the steps taken by the property factor to resolve such complaints.
These measures allow a homeowner to hold their property factor to account and to challenge poor practice where this arises.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 05 March 2019
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Current Status:
Answered by Kevin Stewart on 13 March 2019
To ask the Scottish Government under what circumstances a (a) registered social landlord and (b) factor can force a private home owner into bankruptcy.
Answer
The circumstances under which an individual or company who is owed money can initiate bankruptcy proceedings will apply equally to registered social landlords and factors.
There are formal steps that must be taken to recover debts prior to petitioning for the bankruptcy of an individual in the Sheriff Court. This usually involves going to court to demonstrate that the person owes the debt. The Sheriff Court will issue a decree if satisfied that the debt is owed and this will enable the creditor to instigate formal recovery action including the issue of a Statutory Demand or Charge for Payment. On expiry of a prescribed period with debt remaining outstanding, a creditor petition can be presented to the Sheriff Court requesting that the person who owes the money be declared bankrupt. On receipt of a creditor petition, the Sheriff Court shall set a date for a hearing and the debtor will have the opportunity to challenge the bankruptcy proceedings.
The following conditions must be met before a creditor can present a petition:
- The creditor (either an individual or company) must be owed at least £3,000 which can include fees, charges and interest which has been added to the original debt - if the debt is below £3,000 the creditor can lodge a joint petition with other creditors provided the combined debts are at least £3,000.
- The person owing the debt must receive a copy of the statutory Debt Advice and Information Package containing information about where to get advice and what will happen if the debt is not repaid - this must have been issued at least three weeks and not more than 12 weeks before making a petition.
- The creditor must be able to demonstrate that the person with the debt is unable to repay their debts and therefore apparently insolvent - normally in the form of an expired Charge for Payment or Statutory Demand.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 27 February 2019
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Current Status:
Answered by Fergus Ewing on 12 March 2019
To ask the Scottish Government when it last discussed scallop fishery management with the Manx Government and what the outcome was.
Answer
Representatives from the Scottish and Isle of Man Government’s last discussed scallop management on 23 October 2018. Officials from the two administrations took part in a meeting (which included representatives from industry and other fisheries administrations) to discuss the queen scallop fishery. Trends in the fishery were debated and proposals for the seasonal closure of fishery in 2019 were developed.
