Chamber and committees

Transport Scotland hold this information as part of an evaluation undertaken with and led by the Department for Transport into demand forecasting for new railway stations and lines which will be published in late 2010 early 2011. Actual monthly passenger use information is not held by Transport Scotland but by ScotRail. Annual data, typically used in preference to monthly data as it avoids issues relating to seasonality, is publicly available up to 2008-09 via the Office of Rail Regulation website (http://www.rail-reg.gov.uk/server/show/nav.1529). The latest available figure shows total use of Edinburgh Park (entries and exits) as 434,244 in 2008-09. Information relating to the catchment area population of Edinburgh Park is not held by Transport Scotland.

Previously, applicants were responsible for neighbour notification, which applied to land next to or within four metres of the boundary of the land for which development was proposed; although there were slightly different requirements in particular circumstances. Applicants had to use the valuation roll to identify the names and addresses of those with an interest in such land and, where such information was not available, they had to send notification to premises on the neighbouring land. In the absence of premises the planning authority would place a notice in a newspaper and charge the applicant. Applicants had to certify the extent to which they had carried out neighbour notification and it was an offence, punishable by a fine, to knowingly or recklessly issue a notification or certificate which was false or misleading.

It is a condition under the Land Reform (Scotland) Act 2003 that access rights are only available if those taking access act responsibly. Guidance on what constitutes responsible access is set out in the Scottish Outdoor Access Code.

An individual who does not exercise access rights responsibly can be asked to modify their behaviour and, if irresponsible behaviour continues, be asked to leave the land. If irresponsible behaviour persists for a period of time, an interdict could be sought against the individual.

Neighbouring land within the Regulations means an area or plot of land which, or part of which, is within 20 metres of the boundary of the land for which development is proposed. Planning authorities are required to send a notice to neighbouring land if suitable premises are situated on the neighbouring land. Where there are no premises to which a notice can be sent, then the planning authority is required to publish a notice in a newspaper circulated in the locality in which the neighbouring land is situated.

(a) a member of the Scottish executive or a junior Scottish minister;

(b) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland;

(c) any office of a description specified in an Order in Council under section 126(8)(b) of the Scotland Act 1998 (other non-ministerial office in the Scottish Administration), or

(d) a public body, public office or holder of a public office”

(i) which (or who) is not a cross-border authority or the Scottish Parliamentary Corporate Body;

(ii) whose functions are exercisable only in or as regards Scotland, and

(iii) some at least of whose functions do not (within the meaning of the Scotland Act 1998) relate to reserved matters;

cross-border authority means a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998;

Scottish functions means functions which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters.

The nature of the liability obligations applicable on land to which the public have a right of access will depend on the particular circumstances. The Occupiers'' Liability (Scotland) Act 1960 and the Health and Safety at Work Act 1974 provide that land managers owe a duty of care to other people on their property. Members of the public also owe a duty of care to others, particularly if they are taking part in potentially hazardous activities. Persons taking access to land would generally be held to have accepted any obvious risk or risks inherent in the activities they are undertaking.

The main theme of the summit was Marine Renewable Energy, the workstream for which is led by Scotland. The council discussed the ongoing activity of the workstream as well as looking towards areas for future co-operation and growth in this sector. This included the continued exchange of best practice on marine environment and research issues and the identification of key opportunities for ongoing collaboration across administrations. The council also agreed the importance of involving the European Commission in future discussions.

Given the importance of the significant wave and tidal resources of BIC member administrations and the opportunities for the growth and competitiveness of this sector, it was apt that the council''s discussions came only a day after the States of Guernsey and the Scottish Government hosted a conference, held on Guernsey.

The seminar involved a number of key players from the Scottish wave and tidal sector sharing their experiences and lessons learned with developers and industry representatives from across the Channel Islands as well as members of the marine energy sub-group.

I am pleased to say that the council also agreed that the standing secretariat of the council should be located in Scotland. We are delighted that we will host this new base for co-ordinating and planning the future work of the council, and are committed to working with all member administrations to ensure its successful and early establishment.

As with previous summits, the meeting received progress reports and agreed a plan for future work on the other subjects currently being taken forward by council members. These are drugs misuse; demography; digital inclusion; the environment; energy, both grid infrastructure and marine renewables; collaborative spatial planning; early years; indigenous, minority and lesser-used languages; transport, and social inclusion.

I am placing a copy of the Official Communiqu© that was issued by the British-Irish Council after the meeting in the Scottish Parliament Information Centre. (Bib. number 51233).

This data is available from the Scottish Parliament Information Centre  (Bib. Number 51159).