Chamber and committees

Students’ experience are an important factor in any merger proposal. Moreover, improving colleges’ retention rates is an important aim of our Post 16 reforms, and is a key indicator in college outcome agreements for 2012-13.

In our joint consultation with the SFC “College regionalisation: Proposals for implementing Putting Learners at the Centre” we made clear we expected the major campuses that currently exist to remain. The consultation also made clear the importance, in defining the new college regions, of reflecting distances students have to travel.

Respondees strongly welcomed the Government’s intention to protect local access-level provision within the college regions proposed in the consultation, recognising that college regionalisation offered a number of opportunities to improve and enhance the learner experience.

There is no provision within planning legislation for the amendment of the National Planning Framework (NPF) between the cycles of formal review. Work has started on the third NPF (NPF3) and Scottish Ministers are currently engaging stakeholders and the public on the main issues. More information on NPF3 can be obtained from the Scottish Government website:

www.scotland.gov.uk/Topics/Built-Environment/planning/National-Planning-Policy/npf/NPF3.

The Scottish Government has no current plans to compile and keep a central register of small landholdings.

The Scottish Land Court holds a number of records, among which will be orders relating to small landholdings, but does not hold a central register.

On application by the tenant of a small landholding in an area designated by Scottish ministers for crofting tenure, the Crofting Commission has the power to convert the small landholding to crofting tenure. Before conversion can take place, the Crofting Commission must be presented with a certificate obtained from the Scottish Land Court confirming that the holding is tenanted under Small Landholdings legislation and providing evidence that appropriate compensation has been paid.

Support may be available for legal matters relating to acquiring the necessary certificate or for the process of having a valuer appointed by the Scottish Land Court and for any appeals against the assessment of compensation before the Lands Tribunal for Scotland. However, it should be noted that assistance does not extend to cover the costs or the valuer’s services.

The availability of legal advice and representation for people who could not otherwise afford it is an issue that the Scottish Government takes very seriously and for which it provides substantial levels of funding. Advice and assistance may be provided by a solicitor on any matter of Scots law subject to a test of financial eligibility carried out by the solicitor. Civil legal aid, which provides for representation before a court, such as the Scottish Land Court and the Lands Tribunal for Scotland, may also be available provided that the three tests contained in the Legal Aid (Scotland) Act 1986 are met; which are that applicants must qualify financially, they must have a legal basis for their case, and it must be reasonable in the particular circumstances of the case that legal aid is provided.

The amount of compensation to be paid is a private matter between landlord and tenant. Conversion to crofting tenure brings a number of benefits, including access to grant assistance specific to crofting. The Scottish Government does not consider it appropriate to use public funds to subsidise the costs of conversion because it is a private legal matter between two parties and has an individual rather than a public benefit.

The Scottish Government considers that tenants of small landholdings may already enter into arrangements with their landlords to purchase their holdings. There is no requirement for the small holding to be converted to a croft before the land can be sold. Conversion to a croft carries with it the possibility of exercising the right to buy that exists for crofts. There is no equivalent right to buy a small holding.

The Scottish Government has no plans to ensure that small landholdings that are no longer tenanted are maintained to a reasonable standard by the landlord. It is to be hoped that vacant holdings will soon be re-let and the new tenant will maintain them.

Landlords of land held under small landholding tenure are required by the Small Landholders (Scotland) Act 1911 to inform the Scottish Government where a legatee or statutory successor cannot be found. The landlord cannot re-let the holding without the Scottish Government’s approval to any person other than a neighbouring holder to enlarge his holding or to a new holder.

If a new or neighbouring landholder cannot be found, the Scottish Government may use discretionary powers, under section 17 of the Small Landholders (Scotland) Act 1911 to enable landlords to let the land under another form of land tenure. In addition, the landlord may apply to the Scottish Land Court to resume a holding (remove it from small landhold tenure).

Section 17 of the Small Landholders (Scotland) Act 1911 is the legislative provision covering the removal of a small holding from the requirement for the land to be let as a small landholding.

The Scottish Government has no current plans to review legislation relating to small landholding in the current parliamentary session.

Surveillance of Lyme disease in Scotland is based on laboratory identification of Borrelia burgdorferi reported to Health Protection Scotland. As clinical notifications are not included, it is not possible to estimate the number of cases of Lyme disease which are misdiagnosed or unreported.