Chamber and committees

The rights of redress of tenants depend on tenure.

If occupants are private tenants, the landlord is expected to meet its duty to repair and maintain its properties as set out in the repairing standard under the Housing (Scotland) Act 2006. Private tenants can apply to the Private Rented Housing Panel for assistance if landlords fail to carry out repairs that are needed to meet the repairing standard.

If occupants are social tenants, the landlord is expected to meet its duty to repair and maintain property under the Housing (Scotland) Act 2001 and to ensure that property meets the Scottish Housing Quality Standard by April 2015. Social tenants have a right of complaint against their landlord to the Scottish Public Services Ombudsman.

These rights apply to occupants of homes owned by the Scottish Government as they would for other landlords.

The Charities and Trustee Investment (Scotland) Act 2005 (‘the 2005 Act’) makes ‘public benefit’, which is a well-established concept in charity law, unlike ‘public interest’, a criterion of the charity test. Parliament has set out in section 8 of the 2005 Act, the matters that the Office of the Scottish Charity Regulator (OSCR) must take into account in assessing whether a charity (or a body wishing to get charitable status) provides public benefit.

OSCR already has the power to review whether existing charities continue to meet the Charity test. Section 28 and section 30 of Chapter 4 of the 2005 Act provide OSCR with the power to make inquiries into a charity at any time and to remove any charity that no longer meets the charity test. An organisation that does not provide ‘public benefit’ will not meet the requirements of the charity test and will be removed from the register.

There are over 23,500 charities in Scotland. OSCR undertakes in depth reviews of a small number of charities in groups where there is a perceived likelihood of failing the charity test, and then disseminates the results effectively to other relevant charities. This is a proportionate and targeted approach, in line with regulatory principles.

We commissioned a report into the state of the properties which has informed us about the repairs which need to be done, and we are undertaking to start work in the very near future. On completion of the works the houses shall meet the Scottish Housing Quality Standard.

There is a central team in place that maintains a strategic overview of the Scottish Government’s estate.

To assist organisations with property data entry a pre-populated pro forma has been developed along with guidance in order to make the exercise as straightforward as possible, however it remains the responsibility of the public body organisation to populate the database as requested. This includes any dwellings they may have in their portfolio.

The accuracy and completeness of the property records is the responsibility of the public bodies in the wider Scottish Government estate, who contribute to the e-PIMS database.

We take very seriously the issue of the UK national minimum wage for staff paid both directly and indirectly by the Scottish Government.

As soon as we were alerted to this issue we wrote to Stephen Hammond MP, the UK Government Minister with responsibility for the maritime sector, asking him to close any legal loopholes that allow this situation to arise.

Employment law is a reserved matter for the UK Government, but we will continue to press for a means to improve this situation. Responsibility for payment and levels of the wages of the crew on the vessels concerned lies with Seatruck as the employer. However, Scottish Ministers will continue to press the matter as noted and our key aim is to ensure the affected workers on the vessels in question receive at least the minimum wage and that this is backdated to the start of the current charter arrangements.

Further to the answer to S4W-21656 there are different options available to Transport Scotland in the event that the Caledonian Sleeper Franchisee becomes unable to fulfil the terms of its contract.

The circumstances would be assessed at the time and one of the following options would be followed:

Step in as Operator of Last Resort through Transport Scotland and take on the franchise management

Negotiate with a suitably competent train operator to take over the franchise management

Transport Scotland has considered appropriate contingency plans and has established suitable shelf companies for use should the need arise for either franchise. These shelf companies are wholly owned by Scottish Ministers, and should they be needed, Boards to run these companies would be populated with suitably experienced and qualified directors. These companies would still be subject to the relevant franchise agreement of the franchisee they are replacing. They have been created and have been inactive but are ready to be used to perform the delivery functions of an operator of last resort.

Further to the answer to S4W-21657 officials at Transport Scotland actively monitor these matters on a regular basis. Were there to be any actual conflicts identified, and if considered appropriate, the Scottish Government would inform Parliament.

‘Both procurements’ in the context of the answer to question S4W-21657 refers to the Caledonian Sleeper Franchise procurement (which has now been awarded and is now in mobilisation) and the ongoing ScotRail Franchise procurement.

“Generally unregulated” means generally, or mostly, not subject to regulation or control by government. The Caledonian Sleeper service carries two types of passenger groups:

1) passengers in accommodation other than seated (the majority of passengers) and

2) seated passengers.

Fares for group 1 are not regulated by the Scottish Government and the fares are currently set at the discretion of the franchisee in a manner to attract passengers in a competitive market. This will continue when the new franchise starts on 1 April 2015.

Fares for group 2 are more complicated. Seated fares for journeys wholly within Scotland are subject to the same regulation by the Scottish Government as the ScotRail franchise. This regulation limits annual increases to RPI for peak fares and RPI -1% for off peak fares for the following standard class ticket types :

Season;

Anytime Single/Return

Anytime Day Single/Return;

Off-Peak Single/Return; and

Off-Peak Day Single/Return

Cross-Border ‘Interavailable’ tickets (i.e. tickets which may be used on more than one train operating company) may be used on the sleeper, and the regulation of these fares is currently a matter for the UK Department of Transport.

Further to the answer to S4W-21652, Transport Scotland is responsible for checking ‘any profits above 7% of revenue’.