Chamber and committees

In our Heat in Buildings Strategy, the Scottish Government has committed to phasing out the need to install new or replacement fossil fuel boilers (in off-gas grid areas from 2025, and in on-gas areas from 2030) subject to technological developments and decisions by the UK Government on reserved matters.

We will consult in further detail on this issue during 2022. Should any legislation be required subsequently, it will be subject to a range of impact assessments to allow the Scottish Parliament the opportunity to fully scrutinise the impacts.

In our effort to remove emissions from heating buildings, the Scottish Government has separately a zero emissions first approach in our delivery programmes and will phase out funding for fossil fuel heating systems by 2024 (where it is not detrimental to our fuel poverty objectives).

We have already phased out oil and LPG boilers from Warmer Homes Scotland, Area Based Schemes and Home Energy Scotland Loans.

No households have had their replacement oil or LPG boilers or heating systems cancelled as a result and all Warmer Homes Scotland and Home Energy Scotland Loan applications with committed offers signed prior to 6 September 2021, for either replacement oil/LPG boilers or heating systems, will have these honoured and receive their installations/loans. No local council has reported plans to install an oil/LPG boiler or heating measure as part of their Area Based Scheme.

From now on, households eligible for assistance under Warmer Homes Scotland will be offered low-carbon alternatives, where these are technically appropriate for the property. These include High Heat Retention Heating Systems, Air Source Heat Pumps, Ground Source Heat Pumps, Micro-hydro, Micro-wind and Micro-CHP systems. Some of these measures may be of particular benefit to households living in rural and island areas that are not served by the gas grid. Warmer Homes Scotland operates a national pricing mechanism, meaning that rural and island homes are not disproportionately affected.

Since April 2021 our Area Based Schemes have included additional funding to provide low carbon and micro-generation measures as part of a whole house approach. Local councils are encouraged to offer these measures to households living in or at risk of fuel poverty, where this is technically feasible and will result in lower energy bills. Our Area Based Schemes also provide additional funding and support for remote rural and island communities to reflect the delivery challenges in these locations, including higher installation costs.

Since the publication of the Women’s Health Plan on 20 th August 2021, there has been progress towards the implementation of some of the short term actions within the Plan. For example, a menopause platform on NHS Inform was launched in October 2021. This is the first phase of work to establish a women’s health platform on the NHS Inform website. A network for menopause specialists in Scotland has also been established and meets regularly.

As noted in the Women’s Health Plan, an update will be published annually to detail progress made towards the implementation of the actions included within the Plan. It is also planned to produce an implementation report in 2024 - 25 to describe progress made in the time since August 2021, analyse the impact of the Plan and consider lessons learned.

All buses are required to be compliant with the Public Service Vehicle Accessibility Regulations 2000 (PSVAR) which are a matter reserved to the UK Government.

We are however aware that the Department for Transport (DfT) have granted some time limited exemptions to home to school transport and rail replacement bus services.

The UK Government, through their published National Bus Strategy for England “Bus Back Better”, included a commitment to complete a review of PSVAR by the end of 2023. This review should ensure that the accessibility of bus and coach services continues to be informed by the needs and expectations of disabled passengers for the foreseeable future.

All trains which run in Scotland must meet the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 (RVAR 2010) and the requirements in the Persons of Reduced Mobility National Technical Specification Notices (PRM NTSN). These regulations are reserved to the UK Government and regulated by the Office of Road and Rail.

The UK government (DfT) Access for All and Mid-Tier Programmes will deliver step-free access at Anniesland, Croy, Dumfries, Johnstone, Port Glasgow, Uddingston and Anderston between 2019 and 2024. The Scottish Government also remains committed to improving access, as part of wider rail investments, beyond the UK government programmes and over the same period Scottish Government will provide funding for step-free access at Aviemore, Pitlochry, Nairn and Kingussie stations in addition to making all new stations fully accessible.

Should an incident reported to Police Scotland involve criminality then this will be recorded and investigated by Police Scotland, and therefore be included in the Recorded Crime in Scotland National Statistics published by the Scottish Government. The recorded crime statistics include several types of crime in relation to the Human Trafficking and Exploitation (Scotland) Act 2015 as detailed below.

In 2020-21, Police Scotland recorded:

• 92 crimes of slavery or forced labour (under sections 1 and 4 of the Human Trafficking and Exploitation (Scotland) Act 2015)
• Zero human organ crimes (under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015)
• 23 crimes of immoral traffic (under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015, section 22 of the Criminal Justice (Scotland) Act 2003 and section 11 of the Criminal Law (Consolidation) (Scotland) Act 1995)
• 1 breach of Trafficking & Exploitation Order crime (under section 32 of the Human Trafficking and Exploitation (Scotland) Act 2015)

The Crown Office and Procurator Fiscal Service (COPFS) are currently engaged with criminal justice partners, including the Police Service of Scotland, Transport Scotland and the Scottish Courts and Tribunal Service to develop relevant infrastructure and guidance for the possible introduction of Speed Awareness Courses in Scotland.

The possible introduction of Speed Awareness Courses in Scotland requires enabling legislation. The United Kingdom Government has introduced the Police, Crime, Sentencing and Courts Bill which is currently being considered by the House of Lords. The Bill includes provision for police forces in England and Wales to recover costs from drivers who are the subject of a road traffic diversionary courses.

Whilst the Bill does not include substantive provision to allow Police Scotland to recover costs from drivers, the Bill makes provision for the Secretary of State to make such provision for Scotland, similar to that provided for in England and Wales, by statutory instrument. Any such provision by statutory instrument would require to be made following passage of the Bill.

The Scottish Government has committed to delivering a new deal for tenants and to consult on the options, deliver legislation and implement an effective national system of rent controls by the end of 2025.

We will set out our proposals for taking this work forward in our forthcoming rented sector strategy which we aim to publish for consultation by the end of this calendar year.

The Scottish Government recognises that disabled persons’ parking places play a vital role in enabling disabled people to carry out day-to-day activities that non-disabled people can take for granted. Local authorities have a duty under the Disabled Persons' Parking Places (Scotland) Act 2009 to promote the proper use of disabled persons’ parking places, and aims to make all disabled bays enforceable. To do this, local authorities can use their Traffic Regulation Order (TRO) making powers to allow them to make adequate provisions for disabled parking around schools to aid parents or guardians.

In relation to the placing of a disabled persons’ parking place on a local road, it will be for the local authority to ensure it has complied with any relevant legislation and to take account of the safety of all road users. Local authorities are responsible for deciding how best to meet this duty on local roads in their areas.

Through our Affordable Housing Supply Programme (AHSP), nearly £328 million is being made available to the Highland and three Island local authority areas over this Parliamentary term to support the delivery of affordable homes.

Within the AHSP there is a strong focus on enhancing energy efficiency through incentivising delivery of new homes which meet a higher ‘greener’ standard.

We have also committed to new homes delivered by Registered Social Landlords and local authorities being zero emissions homes by 2026.

The implementation of the parking elements of the Transport (Scotland) Act 2019 has been affected by the Covid-19 Pandemic and preparations for European Union exit. This particularly impacted the development of guidance and regulations and the related consultation processes however my officials are continuing to consult with local authorities to develop both the secondary legislation required to allow them to enforce the national pavement prohibition as well as the Parking Standards Guidance which will underpin the Act.

Additionally, we need to consult with the public on some areas contained within the secondary legislation. Local authorities will be required to undertake an assessment to identify and progress any exemptions to the pavement parking prohibition they consider necessary. We are actively working with Local Authorities to undertake this work and Scottish Ministers have provided the requested £2.4 million of funding to enable this to be progressed in a timeous manner.

The majority of the secondary legislation is likely to be in place by 2022. Some aspects however, such as the appeals process for those who wish to appeal a ticket issued for pavement parking, may not be in place until summer 2023.