Chamber and committees

Where scheduled weeds are found on agricultural land, the occupier is asked to take control action to control the spread of the weeds. Where weeds are found on other land, the case is referred to the appropriate authority.

Where persuasion fails to secure action, the Executive will serve a notice requiring the occupier to take control action within a specified period. Failure to comply with this notice is an offence, and can lead to prosecution. The Executive has served five notices in the last ten years. It has not been necessary to bring prosecutions in any of these cases.

The Weeds Act 1959 also empowers Scottish ministers to take control action themselves and recover the costs of this action from the occupier of the land.

It is already an offence to plant or otherwise cause to grow in the wild certain invasive non-native plants including giant hogweed (Heracleum mantegazzianum). Penalties on summary conviction include imprisonment for up to six months and/or a fine not exceeding £40,000.

A Horticultural Code of Practice for Scotland was launched on 1 June 2005. This provides practical information on how to help prevent the spread of undesirable plants, including invasive non-native species (this can be found at www.scotland.gov.uk/invasivespecies).

Scotland's Renewable Energy Potential: Realising the 2020 Target, published by the Forum for Renewable Energy Development in Scotland on 20 June 2005, indicated that the scope for additional hydro schemes could amount to as much as 200MW. The report is available from the Scottish Parliament Information Centre (Bib. number 36765).

Where an occupier fails to comply with a notice, the Weeds Act 1959 also empowers Scottish ministers to take control action and recover the costs of this action from the occupier of the land.

Local authorities have powers under Section 179 of the Town and Country Planning (Scotland) Act 1997 to serve notice requiring occupiers to deal with any land whose condition is adversely affecting the amenity of other land in their district. If the occupier fails to comply with the notice, the planning authority may take control action and recover the costs of the action.

Section 1 of the Roads (Scotland) Act 1984 places a general duty on local authorities to maintain local roads and verges, including controlling ragwort. Where ragwort is apparent on trunk road verges, embankments or central reserves, the Trunk Roads Maintenance Contracts require the operating companies, BEAR Scotland Ltd and Amey Highways Ltd, to control it by undertaking treatment, including hand pulling operations. The services and performance of these companies is monitored by an independent Performance Audit Group, appointed by the Executive. Appropriate action will be taken by the Executive if the requirements of the contract with regard to weed control are not met.

It is an offence to plant or otherwise cause to grow in the wild certain invasive non-native plants including Giant Hogweed (Heracleum mantegazzianum). Penalties on summary conviction include imprisonment for up to six months and/or a fine not exceeding £40,000. Local authorities may also take action where invasive non-native plants such as Giant Hogweed present a risk to public health and constitute a statutory nuisance.

Note: *For 1999 and earlier years, it is not known whether complaints included more than one site.

Data for 2005 are complaints received by 24 August. Data for previous years include all complaints about injurious weeds received during the full calendar year.