Chamber and committees

The Care Inspectorate for Scotland are responsible for setting and reviewing the expected adult to child ratios for all childcare settings in Scotland. They also hold legislative responsibility for the scrutiny of childcare settings, which includes ensuring that the child to adult ratios are being adhered to.

All Forestry Grant Scheme applications are assessed according to the criteria set out in the guidance available at Scoring criteria and clearing process (ruralpayments.org)

This includes value for money and compliance with the UK Forestry Standard, the governments’ approach to sustainable forestry, which recognises that forests have environmental, economic and social objectives and sets out how these can be achieved.

CalMac Ferries Ltd and NorthLink Ferries Ltd, who operate public service ferry contracts on behalf of the Scottish Government, are required to comply with UK employment legislation. In addition, employment terms and conditions of staff reflect the principles set out under the Scottish Government’s Fair Work Framework.

The arrangements in place at other commercial and local authority ferry operators are a matter for the relevant employer and employees.

The period a transport appraisal or business case, undertaken in accordance with STAG, is valid and relevant is dependent on the evidence and information provided in the report. The purpose of this evidence is to reflect the current conditions in the study area and other aspects of appraisal as set out in current STAG guidance, such as the problems and opportunities. Therefore, the appraisers and decision makers must take a view on whether that evidence base is sufficient to make the investment decision, which includes the relevance of the data used in the analysis.

As set out in the STAG Managers Guide , STAG is a key part of a transport related business case needed to inform decision making on transport interventions. A transport appraisal in accordance with STAG aligns with the Strategic Business Case (SBC) stage, the initial stage of business case development in line with Transport Scotland’s Guidance on the development of Business Cases .

If there is an intervening period between evidence gathering and decision making, appraisers would be expected to update an existing STAG report, where appropriate, to take into account any changes in the intervening period affecting the evidence and information in the report. Examples may include: changes in transport demand or provision in a study area; changes in demographics and needs of an area; newly published and relevant national policies, strategies and plans; and updates to STAG.

As the First Minister set out we are developing a managed transition plan which will ensure that Scotland continues to have a proportionate and effective testing response as we learn to live with COVID. As part of this we are reviewing the groups of individuals who will need to access a COVID test for treatment in line with the latest clinical advice and risk assessments. We will outline our plans later this month.

The Transport (Scotland) Act 2019 provides local authorities with a discretionary power to set up workplace parking licensing (WPL) schemes. It will be for local authorities to decide whether they wish to implement WPL locally and to shape proposals to suit local circumstances.

Liability for the WPL charge sits with employers, not with employees, and it is a matter for employers whether they pass on the cost to employees.

As the impacts will depend on local authorities’ proposals, it is for local authorities, rather than Ministers, to assess the likely impacts of their proposed schemes. Local authorities are required to consult those likely to be affected and undertake impact assessments before implementing a WPL scheme.

Private sector landlords in Scotland are subject to the same regulatory requirements, irrespective of the number of properties they let.

Most private landlords are required to apply for registration with their local authority under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004 . The applicant must provide information to help local authorities assess whether they are a fit and proper person to let houses.

The fit and proper person test is intended to provide a level of assurance that the owner of a let property is a suitable person to let privately rented property. It is a standard that all private landlords are required to uphold throughout the time that they operate as a private landlord.

In addition, where the property in question is a House in Multiple Occupation (HMO), the landlord must apply for a licence. The HMO owner or their agent is subject to the fit and proper person test, and the property is subject to inspection by the local authority and the Scottish Fire and Rescue Service.

Local authorities are responsible for administering Landlord Registration and Houses in Multiple Occupation licensing.

From 1 December 2017, new tenancy agreements for most privately rented properties would be Private Residential Tenancies and tenants will also therefore be afforded the rights and protections flowing from that regulatory framework (as set out in Private Housing (Tenancies) (Scotland) Act 2016).

Our New Deal for Tenant's consultation, which runs until the 15 April, makes clear that all tenants should live in properties where quality and standards are high, and people have clear rights. It also seeks views on our vision for the future regulation of the rental sector - setting out that regulation should seek tenure neutral outcomes for tenants in all sectors, empowers tenants through routes to redress failures and support good standards across the rented sector.

On 23 December 2021 we published a report on implementation of the actions set out in the Tackling Prejudice and Building Connected Communities Action Plan (2017). The report shows encouraging progress made in a number of key areas including raising awareness of hate crime and encouraging reporting.

Building on this progress we will publish a new hate crime strategy later this year. Development of a strategy of this nature will engender consideration of and engagement on a number of relevant initiatives to tackle hate crime and prejudice – including Islamophobia – in Scotland. It will therefore also naturally allow for further consideration of the need for the Scottish Government to adopt a formal definition of Islamophobia, such as the definition advanced by the UK’s All-Party Parliamentary Group on British Muslims.

The Property Factors (Scotland) Act 2011 sets minimum standards for the property management industry (including land maintenance companies). It provides protections for homeowners who use their services. The Act requires all factors to be on a national register and abide by a statutory Code of Conduct.

Homeowners who have complaints about the level of the service of their property factors can apply to the First-Tier Tribunal for Scotland (Housing and Property Chamber) for redress. Further information at: https://www.mygov.scot/property-factors/ .

If no property factor as defined in section 2(1) of the 2011 Act is appointed to maintain greenspace when it moves into private ownership, then homeowners should make contact with the owner of the land to establish the obligations that were agreed at hand over or sale of the greenspace. Enforcement may be required by the local authority or through the court. Homeowners may also wish to consult their title deeds and may wish to seek independent legal advice from an advice agency or solicitor.

A proposed station at Thornhill was assessed as part of the preliminary appraisal stage of second Strategic Transport Projects Review (STPR2). The outcome of this was that this station reopening did not form part of the strategic transport investment recommendations within STPR2. Instead, recommendations, set out in STPR2, for rail focus on the decarbonisation of the remainder of the network; measures to increase the amount of freight travelling by rail and improving connectivity between our 7 cities.

However, there remains a path for regional or local rail projects to come forward, and Transport Scotland will consider these subject to a strong business case being developed in accordance with Scottish Transport Appraisal Guidance (STAG) and suitable funding being available.

The consultation period on the 45 STPR2 recommendations is open until the 15 April 2022, further details are available via the online STPR2 consultation portal: https://consult.gov.scot/transport-scotland/strategic-transport-projects-review/ .