Chamber and committees

To understand the impact of Land Reform Bill proposals on businesses, the Scottish Government conducted a Scottish firms impact test, involving engagement with landowners, land agents and representative organisations of land-based businesses.

Assessment of potential impacts relating to delays in the disposal of land (which would include any additional borrowing costs relating to the delay) related to pre-notification and the transfer test can be found in the Land Reform (Scotland) Bill - Business and Regulatory Impact Assessment.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The SPS Policy for the Management of Transgender People in Custody makes it clear that if a transgender woman presents a risk of harm against women and girls, that they will be accommodated in a male establishment.

Any suspected breaches of discipline such as inappropriate behaviours, will be managed in accordance with Schedule 1 of the Prison and Young Offenders Rules (Scotland) 2011. Breaches of discipline include, but are not limited to:

4 – uses threatening words or behaviour

5 – commits any indecent or obscene act

13 – disobeys or fails to comply with any rule, direction or regulation applying to a prisoner

31 – attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit, any of the foregoing breaches.

Restrictions may then be applied to individuals such as removal from association or activities in order to provide a safe and secure environment for everyone living in prisons.

Scottish Government Officials and Ministers engage with a wide range of stakeholders to inform policy. This engagement has informed the production of the Building a new Scotland series (BANS). We are not aware of any representations from foreign investors expressing concerns about access to the UK Market in an independent Scotland.

The Scottish Government is committed to working with like-minded investors to increase investment in Scotland. EY's latest Annual Attractiveness Survey showed that Scotland has maintained its position as the top performing Foreign Direct Investment (FDI) region or nation of the UK outside of London for the past 10 years and is ranked sixth among the top ten FDI locations in Europe.

With the full powers of independence, it would be possible to further strengthen our approach to attracting investment. The full range of fiscal and regulatory powers and incentive mechanisms could be aligned to match our policy ambitions and values.

The total number of scheduled trials outstanding peaked at 43,606 in January 2022 (from c18,000 pre-pandemic) and had reduced to 18,355 in the most current SCTS publication (May 2025). This significantly reduces the waiting time in which victims, witnesses and the accused await their trial.

While this positive picture demonstrates the success of the criminal court recovery programme in terms of backlogs, the court modelling undertaken by SCTS shows that the level of business entering Scotland’s criminal courts has changed since before the pandemic. There has been an increase in in relation to the most serious criminal cases. Justice agencies have been clear that the recovery programme will take time to address this, and we will continue to support that work.

A lotting decision only takes place in a situation where a landowner is voluntarily selling their land. The lotting provisions cannot be used to compel an owner to sell land where there is no intention to dispose of it in the first place, nor sell a particular business or employer entity. If Ministers decide to order lotting, they must specify the lots, and the lots must then be transferred to different purchasers. All aspects of each sale would otherwise be determined between the seller and the prospective buyer.

In the event that a transfer of a particular lot specified by Ministers amounted to or formed part of a transfer of an undertaking, it would accordingly be for the parties to the transaction to determine the relevance of the Transfer of Undertakings (Protection of Employment) Regulations 2006.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

I refer the member to the answer to the question S6W-38153 on 26 June 2025. 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 following table provides a breakdown of funding allocated to the demand-led Rural and Islands Housing Fund (RIHF), and expenditure, by financial year, between April 2016 and end March 2025.

A total of £14.358 million has been spent through the Rural Housing Fund, and £15.876 million through the Islands Housing Fund.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

As defined in the SPS Management of Transgender People in Custody 2023, SPS manage transgender individuals in our custody using a rights-based approach, whilst ensuring that no transgender woman with a history of violence against women and girls, who presents a risk to women, will be placed in the female estate.

SPS’ Women’s Strategy also recognises the rights of women, by promoting therapeutic and trauma informed environments that recognise the individual past experiences of women and their specific needs.

Like many public services, SPS is currently reviewing its policies and practices to consider the impacts of the Supreme Court judgement. We will work to ensure that our policies or practices that are impacted comply with the outcome of the judgement and the Equality and Human Rights Commission’s revised Code of Practice, when published, ensuring compliance with the law.

Scottish Government’s Short Life Working Group will also support SPS to take the necessary steps when the Code is published.

To understand the impact of Land Reform (Scotland) Bill proposals on businesses, the Scottish Government conducted a Scottish firms impact test, involving engagement with landowners, land agents and representative organisations of land-based businesses.

These stakeholders did not raise a link between pre-notification and lotting decisions and employment however some did note that additional staff and/or commissioning of advice may be required in relation to land management plans. Full detail of this assessment of anticipated impacts can be found in the Land Reform (Scotland) Bill - Business and Regulatory Impact Assessment.

As outlined in the Policy Memorandum accessible for the Land Reform (Scotland) Bill, landowners will be entitled to apply to the Scottish Ministers for compensation for any loss or expense that is incurred in complying with procedural requirements, attributable to a potential transfer being prevented, or attributable to a lotting decision (including the requirement that lots be transferred to different purchasers). The amount of compensation will be determined by Scottish Ministers, or by the Lands Tribunal on an appeal against the Ministerial determination.