Chamber and committees

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.

The Scottish Government has responsibilities under the Act for ensuring that it''s services and functions do not discriminate against disabled people, and for promoting equality of opportunity between disabled people and non-disabled people.

The Scottish Ministers have power to make regulations to impose on a relevant Scottish authority or cross-border authority such duties as they consider appropriate for the purpose of ensuring better performance by that authority of the general duty to promote equality of opportunity between disabled people and non-disabled people.

Cancer of the Oesophagus¹, Scotland: 1960-2007²

Numbers of Diagnoses and Age-Standardised Rates (EASRs)³ in Patients Aged Under 55 at Diagnosis

Source: Scottish Cancer Registry, ISD.

Notes:

1. Defined as: ICD-10 C15. Cases diagnosed prior to 1997 have been recoded to ICD-10.

2. Information regarding the number of patients diagnosed prior to 1975 is regarded as less reliable.

3. EASR: age-standardised incidence rate per 100,000 person-years at risk (European standard population).

Cancer of the Oesophagus¹, Scotland: 1981-2007

Annual Tallies of Diagnoses and those Undergoing Selected Surgical Procedures^2,3,4,5,6

Source: Scottish Cancer Registry, ISD; SMR01 (hospital inpatient / day case discharges).

Notes:

1. Defined as: ICD-9 150 (1981-1996); ICD-10 C15 (1997-2007).

2. Defined as: 1981-1989: OPCS-3 291-292, 294-295, 296.9; 1989 to present: OPCS-4 G01-G05, G11, G13-G15, G17-G18, also G42-G44, G46 with operation site code Z27.1 to indicate oesophagus.

3. The percentages of patients undergoing surgery are approximate due to data quality issues.

4. Information regarding the number of patients who have had surgery prior to 1981 is not held centrally.

5. Information regarding the number of patients who have not had surgery as part of their treatment is not held centrally.

6. Note that patients diagnosed in more recent years have been followed up for less time, which may explain the lower numbers and percentages recorded as undergoing any relevant surgical procedure.

http://www.isdscotland.org/isd/servlet/FileBuffer?namedFile=cancer_oesophagus_surv.xls&pContentDispositionType=inline.

The most recent rates that have been calculated are for the period of diagnosis from 2000 to 2004.

Survival rates for other types of cancer in Scotland are summarised in the document Trends in Cancer Survival in Scotland, 1980-2004: at:

http://www.isdscotland.org/isd/files/Survival_summary_8004.pdf.

Information on survival rates for oesophageal cancer in OECD countries is not held centrally, however data relating to selected European countries are available in the following table:

Cancer of the Oesophagus (ICD-10 C15)

Relative Survival¹ (%) at One and Five Years following Diagnosis for those Diagnosed Aged 15 to 99 in 1995-1999

Reference: Sant M, Allemani C, Santaquilani M, Knijn A, Marchesi F, Capocaccia R, and the EUROCARE Working Group. EUROCARE-4. Survival of cancer patient diagnosed in 1995-99. Results and commentary. European Journal of Cancer April 2009; 45(6): 931-991.

Notes:

 - = zero value

1. Relative survival rates are those adjusted to take account of the mortality rates in the general population.

2. Not all of the countries listed have 100% of their populations covered by cancer registration.

Cancer of the oesophagus¹, Scotland: 1960-2007²

Numbers of Diagnoses and Age-Standardised Rates (EASRs)³

Source: Scottish Cancer Registry, ISD.

Notes:

1. Defined as: ICD-10 C15. Cases diagnosed prior to 1997 have been recoded to ICD-10.

2. Information regarding the number of patients diagnosed prior to 1975 is regarded as less reliable.

3. EASR: age-standardised incidence rate per 100,000 person-years at risk (European standard population).

The timescales for the tendering process must be in accordance with the requirements of the EU Procurement Directives. Typically, such a process will take between one and two years from commencement to completion.

All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

In such circumstances parties could make a formal complaint under the council''s complaints procedure or, if after following such action they remain dissatisfied, refer the matter to the Public Service Ombudsman. Ultimately, the complainant could pursue legal action if they consider that the local authority has not properly fulfilled its statutory responsibilities under the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981.

Once the Schools (Consultation) (Scotland) Act 2010 is commenced on 5 April 2010 the system for referring certain local authority decisions to ministers for consent will be replaced by a ministerial power to call in school closure decisions. In the case of someone believing the authority''s consultation to be flawed, inaccurate and misleading they will be able to make representations to ministers requesting that the decision is called in.

All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Consultations on proposed school closures that commence before 5 April 2010 should be conducted under the new process set out in the act unless a decision is taken by the council before commencement.

Should a decision be taken before commencement then it would still be liable to referral to Scottish Ministers for consent if it meets the criteria (as set out in the answer to the question S3W-30183 on 14 January 2010).

Should a decision be taken after commencement the consultation would be required to meet the requirements as set out in the Schools (Consultation) Act 2010.

All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.