Chamber and committees

The amount self-funders pay for their care home costs is a contractual matter between the individual and their care home provider. This agreement is protected by consumer protection laws.

Guidance on Social Care is on the Scottish Government website: Social care support - Social care - gov.scot (www.gov.scot)

Further guidance on free personal and nursing care can be found here - Care Support and Rights.dot (scot.nhs.uk)

Recovery certificates contained within the NHS Scotland Covid Status App adhere to the standard set by the European Commission, through the EU Digital Covid Certificate scheme which Scotland is a member of. This recognised standard does not allow for unsupervised self-reported LFD tests to be used to create a recovery certificate.

As the Roads Authority, local authorities are responsible for the drainage of local roads and public highways under the Roads (Scotland) Act 1984 - including maintenance of road gullies. The Scottish Government does not hold information on how many local authorities prioritise high risk areas in their drain clearance schedules. Local Authorities are responsible for and best placed to respond to, need in their area.

The 2022-23 Local Government Finance Settlement of almost £12.7 billion represents a cash increase of almost £1.1 billion or 9.2 per cent which is the equivalent of a real terms increase of 6.3 per cent.

However, the Scottish Government’s policy towards local authorities’ spending is to allow local authorities the financial freedom to operate independently. As such, the vast majority of funding is provided by means of a block grant. It is the responsibility of individual local authorities to manage their own budgets and to allocate the total financial resources available to them on the basis of local needs and priorities.

Local authorities are independent corporate bodies with their own powers and responsibilities. It is up to each local authority how it manages its day-to-day business and decision making processes.

The Civil Contingencies Act 2004 places 7 duties on local authorities including duties to assess the risk of an emergency occurring, and to plan for such emergencies, and maintain those plans accordingly. Further guidance and best practice for categorised responders, including local authorities, on planning and preparing for emergencies is set out in our Preparing Scotland guidance.

The Scottish Government does not take into account the length of roads for which a local authority is responsible when allocating funding to local authorities for flood risk management.

The Flood Risk Management (Scotland) Act 2009 provides the framework for effective management of flood risk.

As part of our civil contingencies risk assessment work, the Scottish Government’s Resilience Division works closely with resilience partners, including the Scottish Environment Protection Agency and the Met Office, to assess climate change risk. This work includes the development of the Scottish Risk Assessment (SRA), which is designed to supplement UK Government’s National Security Risk Assessment. Together these documents assist Scottish responders and policy makers in understanding the most significant civil contingencies emergencies which Scotland may face over the next two to five years. The current SRA includes six new risk assessments themed around major impacts from climate change, as well as a dedicated climate change overview chapter.

The Ready Scotland website – ready.scot – is a core part of our public-facing communications work to help make Scotland more resilient to emergencies. It provides up to date, accessible and comprehensive information on a range of threats and risks, including flooding, to help people in Scotland to prepare for and respond in ways that keep themselves safe and help others in their communities to stay safe.

The Scottish Government works closely with resilience partners to respond to and also prepare for significant incidents, providing information regularly through its own website and social media channels, and also working with resilience partners to disseminate information more widely.

This includes working with the Scottish Environment Protection Agency, Scotland's national flood forecasting and warning authority which runs Floodline Scotland and works closely with local communities to strengthen resilience, prepare for and reduce the impacts of increased flooding.

The Communications Sector, which includes resilience of the telecoms network, is reserved and the responsibility of the UK Government.

There are no specific obligations on telecoms operators to disclose assets that are at risk of flooding or a single point of failure to the Scottish Government.

However there is a broad requirement for telecoms operators to mitigate and minimise, in accordance with good industry practice, the number of single points of failure within the Network.

The Scottish Government works closely with the UK Government, telecoms operators and owners to ensure Scotland’s telecoms networks are resilient to a variety of risks, including flooding and other climate change related factors.

In 2020, we published the ‘Keeping Scotland Running’ Guidance Suite, which seeks to support the delivery of Scotland’s Critical Infrastructure Resilience (CIR) Strategy. This Guidance Suite comprises seven separate guidance documents designed to equip and enable CIR stakeholders to work together to build resilience across the critical infrastructure sectors in Scotland. Two of these guides specifically look at Building Resilience to Natural Hazards and Building Resilience to Climate Change (Adaption).

Our approach to building resilience to the impacts of climate change more widely is set out in the statutory Scottish Climate Change Adaptation Programme 2019-2024. One of the high level outcomes the Programme is structured around is that “Our society’s supporting systems are resilient to climate change”.

A national study on the impacts of climate change on NHS assets was undertaken by Health Facilities Scotland (HFS) in 2016. This included flood risk assessments of 240 key sites utilising SEPA flood risk data. A follow up review of the sites identified as being at high risk of flooding was undertaken by HFS in 2021 and recommendations were made to the respective NHS Boards.

In addition Health Boards are working to complete Climate Change Risk Assessment and Adaptation Plans for their areas later this year. This work includes identifying any sites at risk of flooding both now and in the future as a result of climate change and preparing plans to mitigate those risks.

Under the Sewerage (Scotland) Act 1968 Scottish Water has the public drainage duty and is responsible for the drainage of foul flows and rainwater run-off (surface water) from roofs and any paved ground surface within the property boundary for normal rainfall events. It should be noted that the majority of the public sewer network across Scotland is a “combined sewer” network which takes both foul flows and surface water into a single pipe. The current drainage systems serve our towns and cities well for the majority of rainfall events. However, below-ground piped systems have a fixed capacity, which means that during severe rainfall events, flooding can occur because the capacity of some or several parts of the drainage system is exceeded. Climate change and increasing areas of impermeable surfaces (also known as urban creep) means that more rainwater is currently entering the sewerage network than it was designed for in a number of places.

The complex nature of flooding across Scotland, with many agencies responsible for different aspects of the flooding, sewerage and drainage systems in communities, means that a partnership approach is vital for reducing the risk of flooding. As a ‘responsible authority’ under the Flood Risk Management Scotland Act 2009, Scottish Water will continue to work with local authorities who have a responsibility for roads drainage as well as being the designated Flood Authority, managing the risk of flooding from surface water. The main platform to achieve surface water management will be through the development of Surface Water Management Plans (SWMP) which are required to be developed for areas which have been identified as having a high risk of surface water flooding through the SEPA Flood Risk Management Plans.

These plans will then inform future investment strategies and decisions for the relevant organisations to ensure a co-ordinated approach is taken forward across each Local Authority area.

Of course, over 36,000 sewer blockages a year are caused by customers flushing inappropriate items such as wet wipes; these blockages will also result in flooding. Scottish Water has launched its Nature Calls campaign to raise awareness of the issues and call for a ban on wipes containing plastic. Further information is available at https://www.scottishwater.co.uk/About-Us/News-and-Views/2022/02/230222-Nature-Calls-Launch-NEW .