- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Wednesday, 28 July 2004
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Current Status:
Answered by Mary Mulligan on 19 August 2004
To ask the Scottish Executive what action can be taken by a resident if a building warrant has been granted for a house where the conditions of the warrant have not been fulfilled.
Answer
I have asked Dr Paul Stollard,acting Chief Executive of the Scottish Building Standards Agency, to answer. Hisresponse is as follows:
If the resident is the owner,and a completion certificate has not been granted, it is the resident’s responsibilityto take the necessary action to ensure that the conditions of the building warrantare fulfilled. If the resident is not the owner, it is the owner’s responsibilityto take the necessary action.
If a completion certificate hasbeen granted and the terms of the building warrant have not been complied with,the resident should consider seeking independent legal advice, as an offence mayhave been committed under section (9)4 of the Building (Scotland) Act 1959. Althoughbreaches of this section may be reported by the police or local authority, any individualis entitled to report a suspected offence to the Procurator Fiscal.
In the circumstances where thework has been carried out by a NHBC-registered builder, the owner may have recourseto the NHBC complaints process. However, a resolution should always be attemptedin the first instance between the owner and the builder.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Friday, 06 August 2004
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Current Status:
Answered by Ross Finnie on 18 August 2004
To ask the Scottish Executive whether any payments remain outstanding for the disinfection of farms during the foot-and-mouth disease outbreak in 2001 and, if so, when these payments will be made.
Answer
There are no payments outstanding for the disinfection of farms.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Monday, 19 July 2004
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Current Status:
Answered by Allan Wilson on 17 August 2004
To ask the Scottish Executive what conditions require to be met before a license to control sparrow-hawks under the Countryside and Wildlife Act 1981 can be granted.
Answer
The Scottish Executive may grant licences only for specified purposes, such as in the interests of public health and safety, where there is serious damage to crops, livestock, forests, fisheries and water interests or for the protection of flora and fauna. A licence can only be granted when the Executive is satisfied that the purpose of the licence falls under one of the derogations listed in Section 16 of the Wildlife and Countryside Act 1981, that there is no other satisfactory solution, and all other methods have been tried to resolve theapplicant’s problem prior to making a licence application.
The relevant legislation is Article 9 of the Council Directive on the Conservation of Wild Birds (79/409/EEC), “the Birds Directive”, which is transposed into UK legislation by Section 16 of the Wildlife and Countryside Act 1981.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Monday, 19 July 2004
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Current Status:
Answered by Tom McCabe on 12 August 2004
To ask the Scottish Executive when it will publish its response to the consultation Modernising NHS Dental Services in Scotland.
Answer
The Modernising NHS Dental Services in Scotland consultation closed on 2 April. Responses to the consultation have been analysed and the Scottish Executive is now considering its response. We expect to publish this in the autumn.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Wednesday, 07 July 2004
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Current Status:
Answered by Hugh Henry on 10 August 2004
To ask the Scottish Executive, further to the answer to question S2W-8969 by Cathy Jamieson on 24 June 2004, why Disclosure Scotland's helpline on 7 July 2004 provided, on answering incoming calls, a message stating that due to the increased volume of applications Disclosure Scotland would ask that if callers submitted their application less than two weeks ago for standard and enhanced disclosures or less than six weeks ago for basic disclosure they should call again.
Answer
The purpose of the helpline message was to inform callers and give them enough information about the status of their application to enable them to make a decision about whether or not they needed to speak to an operator. The periods quoted in the message related to the Service Level Agreement times which are 14 calendar days for enhanced and standard disclosures and six weeks for the basic disclosure applications.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Wednesday, 07 July 2004
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Current Status:
Answered by Hugh Henry on 10 August 2004
To ask the Scottish Executive how many disclosure checks have been processed by Disclosure Scotland and what the average processing time has been in each week since 1 April 2004.
Answer
The information requested is set out in the following table. In all cases, the processing times quoted are average times and apply to applications which did not require the correction of errors in the application form, clearance of payment arrangements or enquiries to police forces for any relevant non‑conviction information.
| Week Ending | Disclosures Processed | Processing Time (Calendar Days) |
| Standard/Enhanced | Basic | Standard/Enhanced | Basic |
| 4 April 2004 | 6,131 | 7,668 | 16 | 12 |
| 11 April 2004 | 2,977 | 4,021 | 13 | 9 |
| 18 April 2004 | 4,887 | 7,824 | 13 | 10 |
| 25 April 2004 | 4,992 | 6,557 | 10 | 18 |
| 2 May 2004 | 3,809 | 9,603 | 16 | 16 |
| 9 May 2004 | 2,099 | 4,323 | 14 | 14 |
| 16 May 2004 | 4,378 | 7,745 | 12 | 12 |
| 23 May 2004 | 2,937 | 8,713 | 12 | 12 |
| 30 May 2004 | 2,580 | 6,035 | 17 | 17 |
| 6 June 2004 | 3,508 | 4,284 | 18 | 18 |
| 13 June 2004 | 5,811 | 2,714 | 20 | 20 |
| 20 June 2004 | 4,864 | 2,386 | 18 | 18 |
| 27 June 2004 | 4,804 | 4,051 | 13 | 13 |
| 4 July 2004 | 5,988 | 4,413 | 19.5 | 19.5 |
| 11 July 2004 | 4,488 | 4,934 | 17 | 17 |
| 18 July 2004 | 9,306 | 2,935 | 13 | 13 |
| 25 July 2004 | 10,134 | 6,145 | 11 | 11 |
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 22 June 2004
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Current Status:
Answered by Jim Wallace on 21 July 2004
To ask the Scottish Executive how many exchanges are unviable for ADSL broadband and how it will ensure that 100% of the population will be able to access broadband by 31 December 2005.
Answer
There are 399 exchanges in Scotland that are commercially unviable to upgrade for ADSL broadband. The Executive is taking forward a technology-neutral procurement exercise which will ensure that every community in Scotland has broadband access by the end of 2005.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 22 June 2004
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Current Status:
Answered by Nicol Stephen on 21 July 2004
To ask the Scottish Executive how it ensures that it obtains value for money in regard to the routine and structural maintenance of trunk roads.
Answer
All trunk roads in Scotland are inspected and surveyed on a regular basis, the specific timescales of which can vary subject to the strategic nature and classification of the route. Any defects that are identified are measured against pre-defined standards to assess the need and priority for carrying out repairs. A prioritised works programme is then developed, subject to the availability of funding.
All contracts to carry out work relating to the maintenance and management of the trunk road network are subject to competitive tendering procedures.
In respect of my answer to parliamentary questions S2W-8790 to S2W-8795 given on 21 June 2004, the majority of routine maintenance work carried out by the TROC’s is either cyclical or routine in nature. The cyclical work is undertaken as part of the TROC’s tendered lump sum payment and the reactive work is undertaken at tendered rates but not allocated to specific locations. Consequently, it is not appropriate to allocate this work to specific routes.
Structural maintenance work is allocated on a site specific basis and must comply with the value for money requirements detailed in Schedule 4 Part 3 of the Trunk Road Operating Company Contract. (Scottish Parliament Information Centre, Bib. number 16573) Details of the structural maintenance works carried out in each of the financial years since 1999-2000 on the A7, A701, and the A76 have been placed in the Scottish Parliament Information Centre (Bib. number 33295). Because of the way the data is held providing this information for part of a route would involve considerable cost.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 22 June 2004
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Current Status:
Answered by Nicol Stephen on 20 July 2004
To ask the Scottish Executive, further to the answer to question S2W-8575 by Nicol Stephen on 21 June 2004, which harbour authority has responsibility for the River Nith.
Answer
The Nith Navigation Commission is the statutory harbour authority and was established under the Nith Navigation Order Confirmation Act 1929. The commission ceased to operate in the 1960s, although the legislation remains in force. In the absence of an active harbour authority, Dumfries and Galloway Council has assumed responsibility.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Wednesday, 16 June 2004
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Current Status:
Answered by Allan Wilson on 24 June 2004
To ask the Scottish Executive how it will avoid the charge of “paying farmers not to break the law” as referred to in Scottish Environment Link's evidence in respect of cross-compliance rules in Common Agricultural Policy reform.
Answer
The Common Agricultural Policy (CAP) reform agreement requires farmers receiving direct payments to respect a number of European laws and to maintain the land in Good Agricultural and Environmental Condition.
