Chamber and committees

Under Section 74(2) of the LocalGovernment (Scotland) Act 1973 as currently in force, local authorities requireministerial consent to dispose of any land for a consideration that is less thanthe best that can reasonably be obtained on the market. Under current guidance,consent will generally be given to local authorities to charge low rents to voluntaryorganisations, where one or more of the following criteria have been met:

the intending buyer or lesseeis performing a charitable or public service function to the benefit of the localcommunity, and the local authority can show that the organisation or activity thussupported is consistent with public benefit and that the intending buyer or lesseeis unable to afford the asset at its current valuation.

the intending buyer or lesseewould be using the asset to promote economic development or regeneration withinthe council’s boundaries, such that the local authority can demonstrate a businesscase for the asset transfer at the discounted value.

the intending buyer or lesseeis a public sector or voluntary body which intends to use the asset for public purpose,and the local authority can show that the activities thereby supported are consistentwith the authority’s published policy objectives.

the local authority can demonstratethat the overall cost to the authority of the transfer is outweighed by consequentsavings to the council in pursuing a published policy objective.

the value of the asset is low,such that the income forfeited by the transfer is less than the cost of maintainingthe asset, and transfer is to be at nominal value with the purchaser paying thelocal authority’s legal expenses and costs of transfer.

Section 11 of the Local Governmentin Scotland Act 2003 has yet to be brought into force, but will amend section 74(2)of the 1973 act. The Executive has consulted on proposed new regulations under thisprovision. In general terms, these regulations would allow local authority disposalof land for a consideration less than the best that can reasonably be obtained forsmall value landholdings, and for disposals where the difference between the bestconsideration that can reasonably be obtained, and the proposed consideration, isless than a marginal amount to be stated in the regulations. They would also allowthe Scottish ministers to specify further circumstances and procedures by whicha local authority may dispose of land for a consideration less than the best thatcan be reasonably obtained.

The Traffic Signs Regulationsand General Directions 2002 contains all prescribed road signs which can be usedon roads throughout the United Kingdom. It does not prescribe any road signs giving directionsto lorry parks from motorways.

Scottish ministers have powersto authorise non-prescribed road signs. It would be for the appropriate road operatorto make application to Scottish ministers should they consider such signs were necessaryfor traffic management or road safety reasons.

The last local authorityconsultation response referred to in my answer to question S2W-23272 was not receiveduntil 28 April 2006. Responses are being considered and it is now hopedto publish the results of the consultation in early June 2006.

Transport Scotland hasthe operational responsibility for this area and can be contacted for moreinformation if required.

The Executive and the HomeOffice have regular discussions on a variety of topics of mutual interest. We have had no discussions with the Home Officeabout the legality in Scotland of personal protection sprays such as Farb-Gel.

The Scottish Executive and theScotland Office are working closely together to assess the suitability of e-countingfor the 2007 combined elections.

Any decisions regarding the countingof votes for the Scottish Parliament elections will be taken by the Secretary ofState for Scotland, whilst decisions about the local government election count aretaken by Scottish ministers.

In August 2005, the ScottishExecutive, in partnership with the Scotland Office, issued an invitation to tenderfor the provision of e-counting facilities for the 2007 combined elections. Bidderswere asked to provide costings for the provision of between six and 32 local authoritycount centres. After a preferred supplier was selected, a series of trials wereheld in Glasgow, Aberdeen and Edinburgh during February and March 2006. Each of Scotland’s 32local authorities was invited to attend the trials.

Followingthe successful completion of these trials, the project proceeded to the acceptancephase. This took place during the week beginning 24 April and the results are currentlybeing evaluated.

No decisions have yet been takenon the number and location of counting centres should e-counting be adopted forthe elections in 2007. The Executive has recently issued a discussion letter onthis topic to local authorities. The final decision on where the Returning Officerholds his or her count rests with them.

The decision was taken at a locallevel following a period of review of all Working for Families projects. The Workingfor Families Steering Group in Dumfries and Galloway, which includes internal council members and externalrepresentatives, made a collective decision that funding for both projects wouldnot be continued and that resources could be better utilised elsewhere. The originalfunding for both projects was agreed up to the end of 2005-06 only with no agreementin place to continue funding past March 2006.

Improvement and repairgrants must be given subject to the provisions of Part 13 of the Housing (Scotland)Act 1987, as amended by Part 6 of the Housing (Scotland) Act 2001. One ofthose provisions is that the amount of grant is based on an assessment of thefinancial circumstances of the applicant, as set out in regulations. Thisensures that public funds are targeted towards those on the lowest incomes.

A local authority whichfailed to comply with these provisions in giving improvement and repair grantswould not be committing an offence, but would be acting outwith its powers.

Working for Familiesprojects must meet the following criteria to be considered for inclusion. Each projectmust: offer good value for money in terms of cost against return for client outcomes;meet the aims of the fund by contributing to the overall goal of removing childcare and other barriers to employment; work with one of the three target groups(lone parents, parents on a low income, and parents with other stresses in thehousehold); fit with the overall Working for Families delivery structure withina local authority, and complement rather than duplicate existing serviceprovision.

Funding decisions are takenlocally by the Working for Families Steering Group following consultation withkey stakeholders. In all cases, Working for Families projects respond to thelocal situation and current available service provision.  In most casesprojects are commissioned by Working for Families locally in response toidentified need, as opposed to applications being received for funding,although the latter has been the agreed mechanism used in a minority of local authorities.Final sign-off of projects rests with the Scottish Executive who assess eachproject’s viability based on value for money and relevance to the aims of thefund.

This is a matter of operationalresponsibility for the Enterprise Networks. We will continue to work with the EnterpriseNetworks and colleagues in the DTI to ensure that all Government training programmescomply with the forthcoming age discrimination legislation.