Chamber and committees

NHS Scotland Assure are conducting a survey programme which will confirm how many buildings in the NHS Estate contain reinforced autoclaved aerated concrete.

Once the extent of the programme is determined, the condition will be assessed, thereafter it will be possible to establish the management and removal plans that may be necessary. This means however, that it is not currently possible to assess what these plans might cost until the survey work is complete.

I refer the member to the answer to question S6W-19700 on 31 July 2023. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The Cost of Living (Tenant Protection) (Scotland) Act 2022 is an emergency response to provide additional protection to people who rent their home during the cost crisis. It aims to ensure that the majority of tenants - including those who are part of a joint tenancy in the private rented sector - are protected by the temporary emergency measures, by capping in-tenancy rent increases.

Joint tenancies are subject to the cap on in-tenancy rent increases. The Scottish Government do not hold details of the turnover of joint tenancies in Scotland so are unable to estimate or model how many such tenancies may be ended due to some joint tenants moving out while others remain in the property.

Maintaining the safety of buildings is the responsibility of building owners. Our focus remains on engagement with public sector organisations to gauge awareness and response to this issue. This will include receipt of information on the status of buildings in the public sector. A decision on whether there is a need to establish a register of buildings would be based upon the information received and subsequent input from our Ministerial Working Group on Building and Fire Safety.

The Scottish Government has not undertaken an inspection for reinforced autoclaved aerated concrete (RAAC) in the Core SG Estate since 2021 and as such has not identified any reinforced autoclaved aerated concrete (RAAC) in the core SG estate.

A specialist has been appointed to support the development of a scope to undertake building inspection surveys which will also assist in identifying the presence of Reinforced autoclaved aerated concrete in the Core Estate. The Core Estate is defined as those sites/buildings where SG Directorates operate from.

The Private Residential Tenancy was designed so that one tenant cannot terminate a joint tenancy on behalf of all the joint tenants, as this could result in a person who wished to stay in the let property being made homeless when another tenant chooses to leave.

Current legislation does give the landlord the right to decide not to agree to continuing the existing tenancy in those circumstances and can request that a new tenancy be issued at the point of a new person moving into the property. As the rent cap element of the emergency Cost of Living (Tenant Protection) (Scotland) Act 2022 applies only to in-tenancy rent increases, where a new tenancy is created the landlord is able to increase the rent being requested.

Whilst we believe the emergency Act is bringing significant extra protections for people living in the private rented sector during the ongoing cost crisis, it was not able to make more fundamental changes to the Private Housing (Tenancies) (Scotland) Act 2016 with respect to joint tenancy arrangements.

The Cost of Living (Tenant Protection) (Scotland) Act 2022 aims to ensure that the majority of tenants living in the private rented sector are protected by the temporary, emergency measures.

Tenancies under the Rent (Scotland) Act 1984 are exempt from the temporary rent cap, and there are only a small number of remaining tenancies under this Act. For these tenancies, rent increases can only occur every 3 years and the restrictions on rent increases already built into the system operate to ensure rents in respect of the 1984 Act are raised at fair levels.

The Scottish Government does not hold NHS Boards' Business Continuity Plans and the responsibility for ensuring appropriate contingency arrangements are in place lies with the individual NHS Boards. Once the extent of reinforced autoclaved aerated concrete in the NHS Estate is fully understood, NHS Boards will be able to incorporate appropriate plans into their Business Continuity Plans.

The Scottish Government recognises the value in having a range of Gaelic organisations with different functions and the SG aims at all times to remain informed and supportive of the work of these bodies. The SG will meet with An Comunn Gidhealach on average two or three times a year as well as meeting in wider gatherings. The focus of the meetings will be on the Royal National Mod and related initiatives and what support can be provided by the SG. The SG meets with Comann na Gidhlig on average two or three times a year as well as meeting in wider gatherings. The focus of the meetings will be projects that CnaG is taking forward and to consider what support SG can offer. The SG is in regular and frequent contact with Fèisean nan Gidheal both in relation to projects and initiatives which FnG is taking forward and in relation to wider Gaelic developments. The SG is aware of the work of Fèis Rois and SG does not hold meetings with this body or have a funding relationship with Fèis Rois. Along with the four bodies mentioned above, SG maintains close working relationships with other Gaelic bodies that have an important role to play in the promotion of Gaelic throughout Scotland.

It is the statutory duty of local authorities, the NHS and other public service providers to manage and maintain their estate. We have been in close contact with local authorities, the NHS and others and expect contingency plans to be in place to minimise any potential disruption to services. We will continue to engage across sectors to direct public and private sector organisations towards guidance and good practice with regards to identifying, assessing and managing reinforced autoclaved aerated concrete.