Scottish Government consultations

We asked for views on a minor amendment to road works legislation. We sought views on the proposal to revoke the Scottish Statutory Instrument,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2021” and replace it with a new Regulation to account for the overall running cost in the 2022/23 and 2023/24 financial years. 

The projected running cost for 2022/23 will decrease to £882,933 from £915,000, a 4% decrease compared to the current figure. The projected running cost for 2023/24 will increase to £950,387, a 4% increase compared to the current figure.

In total, twenty two responses to the consultation were received, primarily from roads authorities. Brief analysis of these responses is detailed below.

There was strong support for the proposal; all twenty-two responses gave full support for the change. This included fifteen responses from roads authorities, four responses from utility or contracting firms, one from a non-departmental public body with statutory rights to excavate in roads, and two from individuals. Of the four utility returns, two are from the same organisation, albeit covering separate operational areas. For analysis purposes these have been considered as a single response.

Six organisations provided additional comments. Three respondents noted that the current apportionment model was fit for purpose. One respondent noted that a review of the apportionment model would be useful in the ‘near future’. Two organisations, both utility firms, noted that a review of the model with specific regard to roads authority use of the register would be beneficial

The consultation responses have been carefully considered. All of the respondents supported the proposal to replace the 2021 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2021”, and replace it with a new Regulation as proposed.

We have raised the issue of apportionment with the body that originally provided the apportionment matrix, the Roads Authority and Utility Committee (Scotland). We have asked that the group review the matrix, and return any comment to Transport Scotland officials before October 2024

We asked for your views on the draft Framework for Tax, specifically we asked for responses to consider new areas that could be included or suggested alterations to existing elements of the Framework as well as more general reflections.

Your views were also sought on how our tax powers should be used in the Scottish Budget for 2022-23 and for the duration of the current Scottish Parliament (2021-2026).

We received a total of 47 responses to the public consultation, with 22 individuals and 25 organisations responding.

The Framework for Tax received positive feedback from a wide range of respondents. The Framework was particularly welcomed for its accessibility, commitment to engagement and its contribution to improving the transparency of Scottish tax policy.

Responses outlined a strong appetite to make the most of existing powers, and to ensure a solid foundation is in place for good practice in tax policy making. Links between different levels of government remain important, with respondents highlighting the need to ensure that the responsibilities of local authorities and the Scottish and UK Governments, as well as fiscal cycles, are clearly articulated.

Respondents expressed a mix of views on how the Scottish Government should use its tax powers moving forward. Some respondents called for stability while we  recover from the impact of the Covid-19 pandemic, and an alignment with UK tax rates. Whereas other respondents called for a more progressive approach to tax, in particular in relation to Income Tax and Council Tax rates.

Additionally, using tax policy to help achieve Net Zero commitments, having a phased approach to increasing Non-Domestic Rates back to pre-pandemic levels, and having a simple, transparent, and easy to use tax system were other key themes in the consultation responses. The consultation analysis report can be viewed in full here.

All of the responses, alongside other evidence, were considered in relation to the draft Framework for Tax and Scottish Budget.

The Scottish Budget for 2022-23 was announced on Thursday 9 December. Our proposed tax policy measures in the Scottish Budget can be found here, while the Scottish Budget 2022-23 document can be accessed here.

The final version of the Framework for Tax was published on Thursday 16 December and can be viewed in full here.

Consultation responses were constructive and provided carefully considered, expert feedback, meaningfully improving the published version of Scotland’s first Framework for Tax.

Two substantive changes include adding a description of the different bodies involved in the development and delivery of tax policy and a reframing of one of Scotland’s tax principles to focus on ‘effectiveness’ enhancing our commitment to tackling tax avoidance activity by designing taxes that minimise opportunities for such activity.

We asked for your views on draft proposals to extend the effects of a coronavirus related modification to the Public Health etc. (Scotland) Act 2008. This Act includes a duty on Health Boards to provide compensation to those isolating as a result of an infectious disease. This duty was suspended by the UK Coronavirus Act 2020 on a temporary basis as part of legislative modifications deemed necessary during the pandemic.

The compensation duty in the 2008 Act was predominantly developed to address the support people who find themselves isolating would require where there was small-scale outbreaks of notifiable infectious diseases rather than to provide support at the scale that would have been required throughout Covid-19 pandemic.

Given the scale of support required for the large numbers of people who have been required to isolate, it has been considered a more proportionate use of public resources to introduce COVID-19 specific support schemes. These have included:

• the Self-Isolation Support Grant (SISG), a £500 payment for people who earn less than the living wage who are required to self-isolate;
• the National Assistance Helpline (NAH), a central support phone line that people self-isolating can call to engage the relevant local authority team who can triage their need for support whilst isolating; and
• the Local Self-Isolation Assistance Service (LSIAS), a pro-active service that phones people self-isolating who wish to receive the service to consider whether they require support with access to food, essential medication or other local voluntary sector and statutory services.

The proposal set out in the consultation was to bring forward primary legislation that would:

• extend the effects of the existing modification to the 2008 Act relating to compensation from the date the legislation was in force to 30 October 2022;
• set out reporting requirements to Parliament relating to the ongoing suspension of the provisions in the 2008 Act; and
• provide regulation making powers so that the expiry date of the suspension – when the duty on Health Boards would once again be in place – could be brought forward or extended.

We asked for your views on whether you agreed with the proposals, whether you agreed the Scottish Government should have powers to extend or expire them early, and on the conditions that should apply to using those powers.

We received a total of 14 responses to the public consultation. Of the 14 responses, 5 were received from individuals representing organisations and 9 were received from members of the public.

Overall, responses to the consultation were in favour of the proposed changes, with 78.5% of respondents agreeing with the proposal to modify the duty on Health Boards to make the payment of compensation related to self-isolation for COVID-19 discretionary; 78.5% of respondents were also in favour of the Scottish Government having the ability to vary the expiry date of these provisions - with 92.8% of respondents agreeing that these factors are the most appropriate consideration for the Scottish Government to take into account when considering extending or bringing forward the expiry date for these provisions.

Much of the written feedback received related to the need to ensure that isolation support, and support relating to Covid more generally, is provided at the right level and that there is sufficient public awareness for people affected by COVID-19.  This included comments relating to the levels of isolation support provided, the need to provide sufficient financial support and on some of the differential impact of COVID-19 on some groups with protected characteristics.

We have published non-confidential responses to the consultation and an analysis of the consultation responses.  Preparations are now underway for new regulation and the feedback received from this consultation will help shape that process.

Written feedback provided relating to levels of isolation support, views on COVID-19 support more broadly and the financial and other impacts on people of having to self-isolate have been passed to the relevant policy teams in the Scottish Government for further consideration.  This feedback will inform the ongoing consideration of isolation support for COVID-19 into the next stages of the pandemic, as well as how best Scottish Government can work with public and voluntary sector partners to minimise the differential impact that COVID-19 has across a range of different communities within the population.

It is our conclusion that the proposals can be taken forward and presented to Parliament for scrutiny.

The full analysis report can be found at: Coronavirus (Discretionary Compensation for Self-Isolation) Bill Consultation - Analysis and Response - gov.scot (www.gov.scot)

Published responses

View submitted responses where consent has been given to publish the response.