- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Tuesday, 12 May 2015
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Current Status:
Answered by Roseanna Cunningham on 21 May 2015
To ask the Scottish Government what impact setting a cap on the Access to Work fund would have on disabled people in Scotland.
Answer
The Scottish Government has asked the Department for Work and Pensions (DWP) for reassurances regarding what the impact on people with disabilities in Scotland will be as a result of capping the support available through the Access to Work scheme.
Based on present delivery DWP assess that the number of individuals likely to be affected in Scotland is small.
The Scottish Government will continue to work with DWP to better understand the future impact of these changes in Scotland and to press for assurance that those affected receive the support they require.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Monday, 18 May 2015
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Current Status:
Taken in the Chamber on 21 May 2015
To ask the First Minister what action the Scottish Government is taking to allow more disabled people to access modern apprenticeships.
Answer
Taken in the Chamber on 21 May 2015
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Tuesday, 31 March 2015
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Current Status:
Answered by Fiona Hyslop on 28 April 2015
To ask the Scottish Government what plans it has to introduce legislation to ensure that proposed new developments do not hide, encroach on or have other negative impacts on buildings or sites of historic importance.
Answer
The Scottish Government has no current plans to introduce legislation in this regard. The current legislation is:
Historic Environment Scotland Act 2014
Historic Environment Amendment (Scotland) Act 2011
Planning (Historic Building and Conservation Areas)(Scotland) Act 1997
The Ancient Monuments and Archaeological Areas Act 1979 (UK legislation)
Planning legislation, as set out in the Town and Country Planning (Scotland) Act 1997 and the Planning etc. (Scotland) Act 2006, requires that all planning applications developments are determined in accordance with the development plan unless material considerations indicate otherwise. Scottish Planning Policy sets out that the siting and design of development should take account of all aspects of the historic environment.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Monday, 27 April 2015
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Current Status:
Taken in the Chamber on 28 April 2015
To ask the Scottish Government what help it can give to the people of Nepal affected by the recent earthquake and what assistance it can give to the Nepalese community in Scotland.
Answer
Taken in the Chamber on 28 April 2015
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Wednesday, 22 April 2015
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Current Status:
Taken in the Chamber on 29 April 2015
To ask the Scottish Government what progress is being made with the development of the new Aberdeen women’s hospital and cancer care centre.
Answer
Taken in the Chamber on 29 April 2015
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Tuesday, 31 March 2015
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Current Status:
Answered by Fiona Hyslop on 16 April 2015
To ask the Scottish Government what guidance Historic Scotland follows in deciding whether a proposed new development hides, encroaches on or has other negative impacts on buildings or sites of historic importance.
Answer
The guidance followed is set out in Historic Scotland’s ‘Managing Change in the Historic Environment’ guidance series. This guidance is also for use by planning authorities and other interested parties. It includes guidance on setting, providing advice on the principles that apply to assessing developments that impact on the setting of heritage sites, including key viewpoints, and assessment of the impact of change on the setting.
The guidance is available on Historic Scotland’s website at: http://www.historic-scotland.gov.uk/managingchange.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Tuesday, 31 March 2015
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Current Status:
Answered by Fiona Hyslop on 16 April 2015
To ask the Scottish Government what role Historic Scotland plays in ensuring that proposed new developments do not hide, encroach on or have other negative impacts on buildings or sites of historic importance.
Answer
Historic Scotland has a role as statutory consultee in the planning system. It is the Scottish Government’s executive agency tasked with providing advice and guidance to planning authorities, developers and others on potential impacts of development on the historic environment. This role can include advising on new development affecting the setting of buildings or sites of historic importance.
In its role as a statutory consultee, Historic Scotland provides advice to local planning authorities on the impacts of change in the historic environment. Historic Scotland can formally object to a planning application if it considers that the new development would have a serious adverse impact on nationally important category A-listed buildings, scheduled monuments, sites on the Inventory of Historic Battlefields and Inventory of Gardens and Designed Landscapes, and the outstanding universal value of World Heritage Sites. This can either be an adverse impact directly on the building, monument or site, or on its setting, or both. An objection must be lodged at the consultation stage, prior to the planning authority determining the planning application. If the planning authority then decides to grant planning permission, while there remains an objection from Historic Scotland, the application must be notified to the Scottish Ministers (other than for inventory gardens and designed landscapes) to consider whether or not to call in the application for their own determination.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Friday, 20 February 2015
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Current Status:
Answered by Fergus Ewing on 6 March 2015
To ask the Scottish Government what its position is on changing bankruptcy legislation to ensure that any problems arising as a result of person being declared bankrupt are not transferred to an innocent party in a property transaction case.
Answer
The Scottish Government has already made relevant changes to the law on property rights following bankruptcy. Section 17 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 made a number of amendments.
In particular, the changes made by section 17 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 provide that a trustee cannot register title to the property of a debtor for 28 days after the bankruptcy is registered. That enables a third party who has purchased property in good faith from a debtor to complete title by registration.
The Land Registration etc. (Scotland) Act 2012, which came fully into force on 8 December 2014, also includes a number of safeguards for those transacting with property and sets out a regime for more effective remedies for some parties who have been subject to property fraud; and a more robust compensation framework where parties suffer loss through certain events.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Friday, 20 February 2015
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Current Status:
Answered by Paul Wheelhouse on 4 March 2015
To ask the Scottish Government what discussions it has had with the Law Society of Scotland regarding reforms to the Guarantee Fund.
Answer
Scottish Government is aware of the terms of Sheriff Principal Bowen’s report in relation to consumer protections in conveyancing cases which makes a recommendation in relation to the Guarantee Fund. The Scottish Government also understands that the Law Society of Scotland has recently received a report following a review of the Guarantee Fund which it had commissioned from KPMG.
I have raised the subject of the operation of the Guarantee Fund with the Law Society of Scotland and will seek an early opportunity discuss with the society how it intends to take forward the recommendations arising from both reports and whether any legislative action is required.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Friday, 20 February 2015
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Current Status:
Answered by Paul Wheelhouse on 4 March 2015
To ask the Scottish Government what its position is on clarifying the duty of solicitors acting on behalf of buyers in property transactions.
Answer
The Scottish Government expects all solicitors acting on behalf of buyers in property transactions to provide the best possible level of service and advice.
Former Sheriff Principal Bowen’s report to the Council of the Law Society of Scotland on consumer protection in conveyancing has been published. It is available at:
https://www.lawscot.org.uk/media/439009/Law-Society-report-Consumer-Protections-in-Conveyancing-Cases.pdf. The report suggested that thought needs to be given to clarifying the legal duty of a solicitor acting for a purchaser in certain circumstances.
As the report is to the Law Society of Scotland, this recommendation is for the society to consider in the first instance.
I am advised by the society that issues on clarifying the duty of solicitors in conveyancing transactions will be considered by their Property Law Committee at their next meeting in April 2015. Through my regular meetings with the society, I will discuss with them the recommendations in Sheriff Principal Bowen’s report, the action that should be taken and the likely timescales.
