Chamber and committees

Private residential landlords in Scotland are required to register with their local authority under Part 8 of the Antisocial Behaviour etc. (Scotland Act) 2004 and pass the fit and proper person test. One of the considerations in the fit and proper person test is whether the applicant has contravened any provision of housing law. Landlords have a duty to ensure that property they let meets the Repairing Standard and Tolerable Standard at the start and at all times during a tenancy.

Responsibility for enforcement of the Repairing Standard lies with the First-tier Tribunal for Scotland (Housing and Property Chamber). Scottish Courts and Tribunals Service staff carry out the administration of that tribunal.

The First Tier Tribunal will notify the relevant local authority when an application for a determination on the repairing standard is received. It is the responsibility of the local authority to investigate and take any necessary action where standards are not being met.

Enforcement arrangements for all elements of the Repairing Standard are set out in the Housing (Scotland) Act 2006.

There are no new requirements for fire safety in the Repairing Standard.

There are currently no requirements for local authorities to report to Scottish Government on the Repairing Standard.

I refer the member to the answer to question S6W-27429 on 4 June 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

There are no reporting requirements on the rate and nature of non-crime hate incidents from Police Scotland to the Scottish Government. The Scottish Government is not aware of reporting requirements to any other public body.

Any investigation into whether there has been any material effect to a Scottish resident’s circumstances due to alleged negligence or malice on the part of a public servant leading to public knowledge of a recorded non-crime hate incident, and related issues of potential liability, would be dealt with on a case by case basis.

The designation of a Hate Crime Advisor and Hate Crime Champion is an operational decision for Police Scotland, and the Scottish Government does not hold this information.

You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.

I refer the member to the answer to S6W-27665, 4 June 2024, the designation of Hate Crime Advisors and Hate Crime Champions is an operational matter for Police Scotland. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

In the Interim guidance published for officers on the recording of Non-Crime Hate Incidents - Police Scotland published by Police Scotland on 9 May 2024, it explains that the alleged perpetrator would usually be recorded as the ‘other party’ (unless in exceptional circumstances where there is real risk of harm or future criminal offence). When asked at the Scottish Police Authority Board Meeting on Thursday 23 May 2024 if detail on the ‘other party’ would appear on a Disclosure check, Deputy Chief Constable Alan Spiers provided reassurance that it would not.

In rare cases, Disclosure Scotland may receive other relevant information (ORI) from relevant police forces (including forces in England, Wales and Northern Ireland) when someone applies to join the PVG scheme, the ongoing monitoring of scheme members, or for an enhanced disclosure check.

ORI is used across the UK, with the UK Government having their own guidance to the police for the handling and processing of non-crime hate incidents in relation to disclosure checks. ORI about the applicant or scheme member can only be provided where the chief officer of a relevant police force reasonably believes it is relevant for the specific purpose of the disclosure and ought to be included on the disclosure certificate. The inclusion of any information Scottish police may hold on an individual is a decision for Police Scotland to make with regard to the statutory Guidance for the Chief Constable of Police Scotland.

Disclosure Scotland staff do not have access to the database on which non-crime hate incidents are recorded.

The Scottish Government has not been the subject of any civil action in Scottish courts by a person in relation to them having a non-crime hate incident recorded against them.

I refer the member to the answer to question S6W-27431 on 4 June 2024 All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

I refer the member to the answer to question S6W-27432 on 4 June 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .