Chamber and committees

The offers subject to survey approach helps, in most cases, to address the issue of multiple valuations in the current buying and selling process. However, the approach also reduces the degree of certainty in the transaction process, which has been a key strength of the Scottish house buying and selling process over many years. It is important to consider the balance of arguments between the offers subject to survey approach and the single survey in deciding the way ahead.

The draft regulationswhich were the subject of recent consultation did not include proposals for specific legal liabilitiesfor a buyer or a seller in relation to a property sale questionnaire (PSQ), giventhat it was expected that PSQs would be referred to by solicitors acting on behalfof buyers in the missives of sale as a matter of conveyancing practice.

The draftregulations which were the subject of recent consultation provide forstrict criteria for approved providers and the intention is that they shouldmeet or match the professional standards, liability and redress provided bychartered surveyors. For a buyer to rely on a single survey, the provider’sterms and conditions of contract would have to make suitable provision and ifnecessary that would be ensured by legislation.

New national guidanceon self-directed support which issued in July tasks local authorities with developinglocal infrastructures and is designed to increase uptake. This can be accessed onhttp://www.scotland.gov.uk/181224.

Along with my CabinetSecretary and ministerial colleagues, I am in dialogue with a range of stakeholdersto gather evidence and views on how we use the strategic spending review to setplans that will enable us to fulfil our purpose and achieve our strategic objectives.Increasing the uptake of self-directed support will be part of that consideration.

I refer themember to the answer to question S3W-3626 on 6 September 2007. All answers to written parliamentary questions areavailable on the Parliament's website the search facility for which can befound at: http://www.scottish.parliament.uk/webapp/wa.search.

The draftregulations which were the subject of recent consultation proposed that thesingle survey should be no more than 12 weeks old when the property was firstmarketed. However, there was no proposed time limit on the information in the singlesurvey. Rather, it was suggested that this should be a matter for the market,reflecting the need for flexibility to address the circumstances of particularcases.

The draftregulations which were the subject of recent consultation proposed thatevery seller who marketed their property for sale would be under a duty toprovide, upon request, a single survey and a property sale questionnaire, whichwould form a purchaser’s information pack (PIP). They did not propose that PIPswould be provided free or at a reduced rate to sellers on low incomes, butrather that the market would decide the fees for PIPs.

The Scottish Governmentrecognises the specific references to independent living in work carried out bythe Disability Rights Commission and by the Scottish Parliament’s Equal OpportunitiesCommittee and is currently considering what further steps need to be taken to advanceindependent living in Scotland and we will announce our plans later in the year.

A number of piecesof relevant legislation relating to independent living, including employment andbenefits legislation and anti-discrimination legislation, is reserved to Westminster.

In Scotland, the Scottish Government is currently considering whatsteps need to be taken to advance independent living and we will announce our planslater in the year.

Under the DisabilityDiscrimination Act 1995 (DDA), service providers and public authorities are requiredto make reasonable adjustments to allow access for disabled people. The ScottishGovernment will ensure that the services that it provides, and the public functionsthat it delivers, meet the requirements of the DDA. We expect other organisationsto do the same.

Work to ensure disabled peoplecan readily access buildings where the Scottish Government is a major occupier hasbeen on-going for a number of years. Access Audits have been performed for all ofour properties and a range of works carried out to improve access for visitors witha disability. A further range of works have been identified to be carried out duringthe current financial year.

We also recognisethe role that local access panels can play and have provided support to developtheir capacity over recent years.