Chamber and committees

The First-tier Tribunal for Scotland (Housing and Property Chamber) features within the Scottish Tribunals Annual Report. In addition to this the Housing and Property Chamber has recently published a statistical report which provides information including; the jurisdictions of the Chamber, the application process, case volumes and outcomes. Both of these reports can be found using the following link:

https://www.housingandpropertychamber.scot/who-we-are/annual-reports

The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 section 26.-(10) requires that a decision of the First-tier Tribunal with a statement of reasons must be published. The Housing and Property Chamber has developed searchable databases of all decisions, from each jurisdiction, which can be found using the following link:

https://www.housingandpropertychamber.scot/apply-tribunal .

In accordance with Section 78 of the Tribunals (Scotland) Act 2014, the President of Tribunals is to prepare an annual report about the operation and business of the Scottish Tribunals. To draft this report, the President of Scottish Tribunals requests that each chamber president within the First-tier Tribunal provides details as to their chamber's business and any important changes or projects within their respective chambers. This information is collated by the Judicial Office for Scotland and then presented to the President of Scottish Tribunals for consideration and approval. S78(3) provides the statutory basis for the information that is to be contained within the report, primarily that the annual report must explain how the Scottish Tribunals have exercised their functions during the financial year, as well as any other information that the President of Scottish Tribunals deems appropriate. The report is approved by the Lord President and sent to the Scottish Ministers in advance of publication.

A copy of this letter will be placed in the Scottish Parliament Information Centre (bib number 63213) and published on the Scottish Courts and Tribunals Service website.

Our records show that 178 properties have been purchased with golden share and 171 properties retain golden share through the Open Market Shared Equity scheme.

Planning Circular 01/2021 remains the current guidance on these matters.

The Scottish Government is working to update Planning Circular 01/2021 to reflect minor changes to the regulations which came into effect on 1 March 2022 and will publish a revised Circular in due course. The changes to regulations relate to definitions of certain types of property or tenancy and have no impact on either the designation process or the process for Ministerial approval.

The Scottish Ministers will consider any applications for approval of a proposed short-term let control area in accordance with the relevant legislation and the considerations set out in Planning Circular 01/2021.

The Scottish Government is engaging closely with COSLA and Heads of Planning Scotland to make sure we have a common understanding of the pressures faced by the planning service and to promote a highly performing system which can deliver on the ambitions set out in the emerging NPF4.

We have laid regulations in the Scottish Parliament which will bring into effect fee increases, providing substantial additional income to authorities. The new regulations are expected to come into force on 1 April 2022, subject to parliamentary scrutiny. Beyond this we have committed to engaging with the High Level Group on Planning Performance which includes COSLA, Heads of Planning Scotland and other stakeholders, on a work programme to consider how full recovery of the costs of determining applications could be achieved.

Our consideration of capacity and skills in planning has been informed by recent research commissioned by Skills Development Scotland, undertaken by EKOS and published by Partners in Planning, available at https://www.partnersinplanning.scot/__data/assets/pdf_file/0016/23623/Skills-in-Planning-Research-Final-February-2021.pdf The research report provides an independent perspective on the challenges faced and a series of proposed actions. Scottish Government is working with the other partner members of Partners in Planning to take forward the proposed actions to help ensure the future pipeline of planners needed to deliver on our ambitions. This includes supporting a short project recently commissioned by Heads of Planning Scotland and the RTPI to explore options and set out proposals to help increase the numbers of people entering the planning profession.

Delivering the NPF4 spatial strategy and implementing its national policy will require collaboration and we will continue to work with stakeholders as we progress towards a finalised NPF4 and beyond.

The Build to Rent Sector is subject to the same regulatory requirements as other private rented sector accommodation. For example, complying with Landlord Registration and Houses in Multiple Occupation licensing. From 1 December 2017, new tenancy agreements for most Build to Rent properties would be Private Residential Tenancies and tenants will also therefore be afforded the rights and protections flowing from that regulatory framework (as set out in Private Housing (Tenancies) (Scotland) Act 2016).

Our New Deal for Tenants consultation, which runs until the 15 April, makes clear that all tenants should live in properties where quality and standards are high, and people have clear rights. It also seeks views on our vision for the future regulation of the rental sector - setting out that regulation should seek tenure neutral outcomes for tenants in all sectors, empowers tenants through routes to redress failures and support good standards across the rented sector.

COVID-19 vaccines are procured on a four nations basis via the UK Vaccines Taskforce. As Scotland is not a member of the COVAX scheme, we are not in a position to share vaccines with our international development partner countries. We will continue to engage with the UK government on this matter.

On 8 December, the First Minister wrote to the Prime Minister to urge the UK government to end its opposition at the World Trade Organisation and to join over 100 countries who are now supportive of a temporary Trade-related Aspects of Intellectual Property Rights waiver.

We have also provided international development support to our partner countries to support their COVID-19 responses, including vaccine preparedness. This includes the following examples of relevant recent funding.

In December 2020, we provided £2 million to UNICEF to help vaccine distribution, roll-out and online healthcare education in our partner countries of Rwanda, Malawi and Zambia.

In September 2021, we provided £250,000 from our International Development Fund to leverage the provision to our partner countries of £11.2 million worth of PPE - our single biggest ever donation - to aid COVID-19 responses as part of our strategic response.

In February 2022, we provided £1.5 million to UNICEF to support equal access to COVID-19 vaccines in our partner countries. The funds will support vaccination programmes in Rwanda, Malawi and Zambia, their provision of safe oxygen supplies, and help the agency deliver equipment, resources and technical support in response to the pandemic.

Session 6 has seen a change in the nature of the items that the Chamber Desk processes. In particular, the number of Urgent Questions being lodged has increased significantly. This had had an impact on the previous pattern of work undertaken by the Chamber Desk. When Urgent Questions are submitted, they are given priority due to the timeframe for such questions to be taken if selected and only selected questions are published. This, combined with the necessary prioritisation of oral questions and motions and amendments for debate, has resulted in a longer turnaround time for written questions than Members will previously have been used to.

To respond to these changes in demand and pattern of work, additional staffing resources have been deployed to the Chamber Desk. Due to the specialist nature of the services provided by the Chamber Desk, the impact of these additional resources will not be immediately realised as staff require to undertake training and familiarisation with the role. However, the position is being actively assessed on an ongoing basis to ensure that questions and motions are processed in the timeliest manner possible. We are grateful for Members’ forbearance while the necessary training is undertaken.

Tables A and B set out information about the number and percentage of written questions up to the week commencing 7 February 2022 that have been processed within the timeframe set out in the question.

In providing this information, “processed” has been taken to mean the number of calendar days between a question being submitted by a Member and the question either being published or not lodged. As the information is based on calendar days, it does not take into account factors such as days on which the office of the clerk is closed, i.e. a question which was submitted on a Friday and published on a Monday will be included in the tables as having taken 2 to 3 calendar days rather than reflecting the processing having taken 0 to 1 working days. The data is not held in a format that would enable this further disaggregation to be provided.

There are also a number of elements that may be involved in processing questions. Factors such as seeking clarification of the purpose of a question, editing a question so that it meets the requirements of Standing Orders and Guidance on Parliamentary Questions, or seeking input on issues such as sub judice or compliance with data protection obligations may impact on the time that it takes for questions to be processed. These factors can also impact on the processing time where batches of interrelated questions are submitted among which only one or two may raise more complex considerations. The necessary prioritisation of other items, such as Urgent Questions or motions and amendments for debate, may also impact on the time between a question being submitted and published or not lodged. As noted in the response to S6W-06278, additional staffing resources have been deployed to the Chamber Desk. Once training and familiarisation have been completed, it is anticipated that there will be a positive impact on the time taken to process questions.

Table A

Table B