Chamber and committees

First ScotRail provide certain profitability information to Transport Scotland under the confidentiality terms of the Franchise Agreement, a copy of which has been placed in the Scottish Parliament Information Centre (Bib. number 45544). However, due to commercial confidentiality we are not at liberty to disclose these. Profit information is disclosed within the published Annual Report and Accounts for First Scotrail Ltd and the following operating profit figures are disclosed:

2007-08: £17.4 million.

The SHR has published performance standards and self-assessment guidance on factoring and it expects social landlords to follow these principles in their activities. Where appropriate, the SHR tests performance against these standards during its inspections.

There is no other specific legislation setting out how property managers and land maintenance companies should operate in providing factoring services, although reserved UK legislation covering consumer protection and other aspects of service delivery may be relevant in some cases.

Some examples of particular note are:

- In the rural environment, farm dwelling houses and other farm buildings listed under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Ancient Monuments and Archaeological Areas Act 1979 and sites included in the Inventory of Historic Gardens and Designed Landscapes are protected under Cross Compliance from alteration, damage or destruction by land managers who receive European Common Agricultural Policy support payments.

- In the historical environment, though it will often be the case that local authorities may also use other powers under eg the Building or Housing Acts to deal with historic buildings.

Particularly, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Sections 42 and 43 relate to listed buildings and allow either local authorities or Scottish ministers to serve a repairs notice as the basis for the compulsory purchase of the property. Section 49 allows local authorities or Scottish ministers to serve an urgent works notice on an unoccupied listed building. Section 50 allows the local authority or Scottish ministers to recover the costs incurred in serving a notice under Section 49 from the owner. Section 68 allows the powers under Section 49 to be applied to unlisted buildings within a conservation area.

In addition, Section 5 of the Ancient Monuments and Archaeological Areas Act 1979 allows Scottish ministers to carry out works for the preservation of a scheduled monument in cases of urgency. Section 10 allows Scottish ministers to acquire compulsorily any ancient monument for the purpose of securing its preservation.

In the urban environment:

- Section 179 of the Town and Country Planning (Scotland) Act 1997 provides planning authorities with the power to serve a notice on the owner, lessee or occupier of land in their area where they consider that the state of the property is adversely affecting the amenity of the area. Such notices may require specified steps to be taken to improve the condition of the land.

Also, the Building (Scotland) Act 2003 contains powers for local authorities to deal with defective and dangerous buildings. Section 28 allows a local authority to serve a defective building notice on the owner of the building where they consider that there is a defect(s) which requires rectification to bring the building into a reasonable state of repair, taking into account its age, type and location.

Section 29 of that act requires a local authority to deal with dangerous buildings and carry out work to make the building and surrounding area safe. They may undertake emergency work and serve a dangerous building notice under Section 30.

Further meetings will be held.

Further information can obtained on the UKFI website at www.ukfi.gov.uk.