Chamber and committees

Closure orders are made in respect of premises, not individuals. When considering an application for such an order the sheriff is required to consider the vulnerability of anyone living in the premises in question. The issue of housing benefit is likely to be one of the matters that would be taken into account. Any entitlement to housing benefit is a matter for the Department for Work and Pensions and further information can be obtained from that department.

We have issued guidance to police and local authorities that prior to making an application for a closure order in respect of premises where people live, the police should liaise with the local authority about financial vulnerability, particularly where children or vulnerable people may be affected, and consider alternative options available.

Yes. My officials are currently developing proposals to mark the decade. A meeting of the Sustainable Development Education Liaison Group is scheduled for 1 February at which this issue will be discussed.

The information is not held centrally.

Between April 2003 and March2004 17 people were reported to the Procurator Fiscal for smoking on public transport.Six were reported for a contravention of section 129(2)(c) of the Railways Act 1993and 11 were reported for a contravention of Regulation 6(1)(d) of the Public ServicesVehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations1990.

A decision to take criminal proceedingsin court was made in six of these cases,
one accused was offered and accepted a fiscal fine, two accused were given warnings,one was dealt with by the Reporter to the Children’s Panel and no proceedings weretaken in seven of the cases.

Detailed legal, policy and practiceguidance is available to procurators fiscal, to be applied in decision making inrelation to all cases submitted for consideration of prosecution. Offences arisingfrom smoking on public transport are not the subject of any additional specificguidance.

The British Fluoridation Society’s (BFS) current grant is for the period to 31 March 2005. Any application for grant for future years will fall to be considered along with applications from other organisations, eligible for assistance under the Section 16B grant scheme.

The BFS contributes to the body of scientific knowledge on water fluoridation and dental public health and responds each year to more than 3,000 requests for information about water fluoridation from individuals and organisations nationally and internationally.

Section 64(1)(e)(i) requires designated religious charities to have an organisation in which internal authorities exercise supervisory and disciplinary functions in respect of the charity. It is for the organisation itself to determine how it wishes to structure itself to meet this requirement and for OSCR to determine whether the supervisory and disciplinary structures are sufficient to allow registration as a designated religious charity. There is no preset definition of “authorities” in this context.

The beauty of our countryside is a major attraction for all of our visitors to Scotland, but particularly those who come for a walking holiday. That part of the market alone is worth around £400 million a year. Under the Land Reform (Scotland) Act 2003, the establishment of Core Paths will make large parts of the Scottish countryside more accessible, and enhance the attractiveness of our landscape to our visitors.

The Scottish Executive is in regular contact with the Department for Work and Pensions (DWP) on the interaction between housing benefit policy and policy on devolved matters. Discussions were held with DWP at official level on those aspects of closure orders which impact on housing benefit issues during the bill stages of the Anti-Social Behaviour etc. (Scotland) Act 2004. Those discussions covered eligibility for housing benefit under a range of scenarios where a closure order resulted in a claimant for housing benefit being excluded from the property to which their claim related. The outcome of those discussions informed ministers’ position on closure orders during stage 2 of the consideration of the bill; the stage 3 Executive amendment which required the sheriff to have regard to the vulnerability of an occupant who had not engaged in antisocial behaviour when considering an application for a closure order; and the guidance which has been issued to police and local authorities.

Closure orders apply to premises, not individuals. However, the relevant local authority has the responsibility for deciding whether or not a person made homeless as a result of a closure order is intentionally homeless in the light of that person’s individual circumstances. Prior to an application for a closure order the police and the local authority should work together, especially where children or vulnerable people may be affected, to help prevent homelessness. The court is also required, when deciding whether or not to make an order, to consider the ability of the person(s) to find alternative accommodation and the vulnerability of any such person(s).