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938 results

  • Consultation on the Law of Succession

    In August 2014, the Scottish Government published a consultation on technical issues relating to succession law. That paper set out that it would be followed by a further consultation on more fundamental changes to succession law to inform their policy development. This paper fulfils that commitment. The Scottish Law Commission (the Commission) reviewed the law of succession and issued a Report in 2009 - Report on Succession (Scot Law Com No 215) (the Report). For information on the... More
    Closed 18 September 2015
  • Consultation on the Removal of the 3 Year Limitation Period From Civil Actions for Damages For Personal Injury for in Care Survivors of Historical Child Abuse

    On 28 May 2015, Angela Constance MSP, Cabinet Secretary for Education and Lifelong Learning addressed the Parliament on the National Inquiry into Historical Child Abuse1 . This was the culmination of a lengthy process of collaborative working between the Scottish Government, the Scottish Human Rights Commission (“the SHRC”) and other key stakeholders. A timeline of that work is set out at Annex A. In that announcement, the Cabinet Secretary set out the package of measures to support... More
    Closed 18 September 2015
  • A Consultation on the Pilot Pentland Firth and Orkney Waters Marine Spatial Plan

    A working group consisting of Marine Scotland, Orkney Islands Council and Highland Council have developed this pilot Pentland Firth and Orkney Waters Marine Spatial Plan. The Plan sets out an integrated planning policy framework to guide marine development, activities and management decisions, whilst ensuring the quality of the marine environment is protected. The marine environment is used for a wide variety of different purposes and this Plan aims to set out a coherent... More
    Closed 6 September 2015
  • Further Extension of Coverage of the Freedom of Information (Scotland) Act 2002 to More Organisations

    The Freedom of Information (Scotland) Act 2002 (‘the Act’) The Act provides a statutory right of access to information held by Scottish public authorities. These range from the Scottish Parliament and Government, to local authorities, NHS boards, higher and further education bodies, doctors and dental practitioners. Requested information must be provided unless it is subject to one or more exemptions, as set out in the Act. If a requester is dissatisfied with the... More
    Closed 4 September 2015
  • A consultation on land and buildings transaction tax rules for property authorised investment funds

    Purpose The purpose of this consultation is to gather views from the investment management industry and other interested stakeholders on the potential introduction of an exemption from Land and Buildings Transaction Tax (LBTT) for the transfer of properties from Authorised Unit Trusts (AUTs) to Open Ended Investment Companies (OEICs) in Scotland in certain specified circumstances. As a result of the consultation, we hope to understand the impact that this proposed change in tax... More
    Closed 28 August 2015
  • Consultation on the draft Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015

    The Scottish Ministers are seeking comments on proposals to transpose Council Directive 2013/51/Euratom (“the new Directive”) which sets out requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption. The Scottish Government has produced draft Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015. Please note that these regulations do not transpose the new Directive... More
    Closed 28 August 2015
  • A Consultation on the development of a Cyber Resilience Strategy for Scotland

    The digital age is transforming Scotland The growth of the internet and online technologies offers speed, agility, efficiency and access that has transformed the way we do business, the way we spend our leisure time, the way our public services run and the way our national infrastructures operate. As individuals, we can more easily keep in touch with friends and family and more readily obtain information, products and services from around the world. Our businesses rely... More
    Closed 28 August 2015
  • Permitted Development Rights: Non Domestic Solar Panels and Domestic Air Source Heat Pumps

    The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as updated) provides for a range of buildings, technologies and other ‘developments’ to go ahead without the need for planning permission. Other permissions, such as a building warrant or listed building consent may still be required. The removal of the planning application step means there is no planning application fee to be paid and there would be no cost arising paid from the preparation of... More
    Closed 27 August 2015
  • Consultation on Regulations and Statutory Guidance under the Welfare Funds (Scotland) Act 2015

    Scottish Ministers have always planned to set out the Scottish Welfare Fund (SWF) in law, using the experience of running the Fund on an interim basis since April 2013. The Welfare Funds (Scotland) Act 2015, passed on 3 March 2015 in the Scottish Parliament, is the first step in that process. The Act places a statutory duty on local authorities (LAs) to provide welfare funds, in line with regulations and statutory guidance. We plan to have the full legal framework for the SWF to be in... More
    Closed 21 August 2015
  • Consultation of the Reservoirs (Scotland) Amendment Regulations 2015

    Hopes Reservoir, East Lothian This consultation seeks comments on the draft Reservoirs (Scotland) Amendment Regulations 2015 (―the draft Regulations‖). The draft Regulations amend the Reservoirs (Scotland) Regulations 2015 (―the 2015 Regulations‖) to make further provision in relation to the risk designation of controlled reservoirs under Part 1 of the Reservoir (Scotland) Act 2011 and to clarify various provisions of the 2015 Regulations ... More
    Closed 31 July 2015
  • Scotland’s Adoption Register Regulations 2016

    Scotland's Adoption Register Regulations 2016 The Scottish Government has grant funded the British Association for Adoption and Fostering (BAAF) to run the Adoption Register since it was established in 2011. The Register has a remit to facilitate family finding across Scotland and thereby increase the numbers of placements found for children who have been identified as suitable for adoption. From a technical perspective, the Register is a database which records and stores information that... More
    Closed 22 June 2015
  • Consultation on the Draft Scottish Government Gaelic Language Plan 2015-20

    The Gaelic Language (Scotland) Act 2005 was passed by the Scottish Parliament with a view to securing the status of the Gaelic language as an official language of Scotland commanding equal respect to the English language. One key provision of the 2005 Act enabled Bòrd na Gàidhlig (the Scottish Government’s principal Gaelic development body) to require public authorities to prepare Gaelic Language Plans. This provision was designed to ensure that the public sector in Scotland plays its... More
    Closed 22 June 2015
  • Good Practice Principles for Shared Ownership of Onshore Renewable Energy Developments

    This document is intended to set out good practice expectations for developers, communities and other stakeholders, as well as providing guidance on how best to deliver shared ownership projects. The final document will sit as an annex to the Community Benefit Good Practice Principles for Onshore Renewable Energy Developments, all principles in the original document should be followed. The Community Benefit Good Practice Principles can be found at ... More
    Closed 9 June 2015
  • Promoting Best Practice for Inshore Fisheries

    (photograph by Liz Moir) The Inshore Fisheries Management and Conservation Group (IFMAC) established a short-life working group to discuss the issue of hobby/unlicensed fishermen and report back with possible actions to reduce the incidence of unlicensed fishing. Fishing vessels that fish commercially and land their catch for profit in the UK must firstly hold a valid Certificate of Registry and be registered with the Register of Shipping and Seamen at Cardiff. In addition... More
    Closed 31 May 2015
  • The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015

    This consultation is important; as the specifics of climate change reporting will involve a range of personnel in each public sector organisation. The main reasons for using the powers in the Climate Change (Scotland) Act 2009 (“the 2009 Act”) to introduce a statutory reporting requirement are to: support compliance with the public bodies duties; consolidate climate change information from public sector; introduce standard methodology to improve data consistency; encourage continuous... More
    Closed 29 May 2015
  • Consultation on new Management Measures for Crab and Lobster Landings into Orkney

    (Photograph by Velela ) This consultation seeks views on: increasing the minimum landing size (MLS) for velvet crab (Necora puber) landed into Orkney from 65 mm to 70 mm carapace width increasing the MLS for lobster (Homarus gammarus) landed into Orkney from 87 mm to 90 mm carapace length over a three year period introducing a MLS for green crab (Carcinus maenas) landed into Orkney of 70 mm carapace width prohibiting the landing of berried... More
    Closed 15 May 2015
  • Fees Charged by the Court of Session, Accountant of Court, Sheriff & Justice of the Peace Courts, High Court, Office of the Public Guardian, personal injury court and the Sheriff Appeal Court

    Photograph by Brian Turner . Policy Position The level of fees charged by the courts and the Office of the Public Guardian (OPG) are prescribed by Scottish Ministers under statutory powers. The general principle applied is that as civil actions are generally about resolving disputes between two parties then the parties rather than the state should bear the cost of civil actions. The Scottish Government’s policy objective is that the fees set should recover the costs to... More
    Closed 15 May 2015
  • Consultation on a proposed Bill relating to burial and cremation and other related matters in Scotland

    This consultation paper considers a range of sensitive and emotive subjects. Some of the issues discussed take place at times of great distress and deal with difficult and harrowing experiences. The language of the consultation paper is necessarily legalistic and technical, and it is necessary to discuss the subject matter in an objective and dispassionate way. This approach is essential to ensuring that a legal framework is developed which ensures that appropriate dignity and respect is... More
    Closed 24 April 2015
  • Consultation on Amending the Environmental Liability (Scotland) Regulations 2009 in Scotland to Transpose Article 38 of the Offshore Safety Directive 2013

    Introduction (image by R. Van Pelt is licensed under a Creative Commons Attribution 4.0 International License ) Scottish Ministers are seeking comments on proposals to transpose Article 38 of Directive 2013/30/EU [1] on the safety of offshore oil and gas operations (OSD). Article 38 has extended the scope of the Environmental Liability Directive (2004/35/EC) [2] into the marine environment in relation to marine waters. The Scottish Government has produced draft... More
    Closed 14 April 2015
  • Historic Environment Scotland Act: Secondary Legislation

    The Historic Environment Scotland Act gained Royal Assent on the 9th December 2014. The Act establishes Historic Environment Scotland (HES) as a new Non Departmental Public Body (NDPB) which will take over the functions of Historic Scotland and RCAHMS. In addition to changes to legislation reflecting HES’ role and legal status, the Act changes processes for the designation of sites and buildings (by scheduling and listing) and for scheduled monuments, listed buildings and conservation areas... More
    Closed 27 March 2015
  • Inquiry into Historical Child Abuse

    Background Scotland is going to have its first statutory national Inquiry into the historical abuse of children in care in Scotland. The Scottish Government would like to seek your views on a number of important questions, including what the Inquiry’s terms of reference should cover, and what attributes we should look for in a Chair and Panel for the Inquiry. You can do this either by completing this survey, attending an event or writing to us at ... More
    Closed 26 March 2015
  • A Consultation on the future of Land Reform in Scotland

    The Scottish Government has welcomed the overall message and direction of the Land Reform Review Group’s report, The Land of Scotland and the Common Good, published in May this year. As part of our on-going commitment to land reform and as part of our response to the report, we have taken forward commitments: To improve the transparency of land ownership in Scotland Scottish Ministers have announced the target to complete the Land Register of Scotland within 10 years, and... More
    Closed 10 February 2015
  • Scottish Independence Bill: a consultation on an interim constitution for Scotland.

    The Scottish Independence Bill sets out the interim constitutional platform which would serve as the basis for the government of Scotland from Independence Day. The Scottish Independence Bill would be introduced to the Scottish Parliament in the event of a vote for independence in the referendum. The Bill provides for Scotland to become an independent state; provides an interim constitution for Scotland which would apply from Independence Day; and provides for a permanent written... More
    Closed 20 October 2014
  • New Environmental Enforcement Framework - Consultation on New Enforcement Measures for the Scottish Environment Protection Agency and the Relevant Offences Order

    This consultation on a new Environmental Enforcement Framework for Scotland has been developed as part of the joint Scottish Government SEPA Better Environmental Regulation (BER) programme. The Regulatory Reform (Scotland) Act 2014 provides the Scottish Environment Protection Agency (SEPA) with a broader range of enforcement tools to allow SEPA to more effectively tackle those who disregard their environmental obligations and to allow the Criminal Courts to have more options for dealing with... More
    Closed 3 October 2014
  • First Call for Evidence for the Independent Review of Early Learning and Childcare Workforce and Out of school Care Workforce

    Professor Iram Siraj is chair of an Independent Review commissioned by the Scottish Government on Early Learning and Childcare Workforce and Out of school Care Workforce from March 2014 to April 2015. Professor Siraj will engage with a wide range of stakeholders from across Scotland to gather views, perspectives and data for the Review. In addition to these consultations, evidence will be gathered from a core reference group of experts, from focus groups, interviews and visits to early... More
    Closed 30 September 2014
  • Second Call for Evidence for the Independent Review of Early Learning and Childcare Workforce and Out of School Care Workforce

    This is the second of two consultations: This second consultation is for individuals and settings and consists of two questionnaires: a) Early Learning and Childcare; and, b) Out of School Care. They will be online and available until the end of September 2014. The first consultation is for organisations and institutions and will also be available until the end of September 2014 at https://consult.scotland.gov.uk/early-years/first-call-for-evidence-for-the-independent-review . ... More
    Closed 30 September 2014
  • National Care Standards Review

    Audio version: Almost all of us will use a care service at some point in our lives. Everyone in Scotland should receive safe, high quality care that reflects their needs and protects their rights. The National Care Standards were created in 2002 to help people understand what to expect from care services and help services understand the standards they should deliver. A great deal has changed in the way that care services are planned, delivered and scrutinised... More
    Closed 17 September 2014
  • Statutory Guidance on the General Purpose for the Scottish Environment Protection Agency and its contribution towards sustainable development

    This consultation invites views on the Statutory Guidance on the General Purpose for the Scottish Environment Protection Agency (SEPA) and its contribution towards sustainable development. The draft Statutory Guidance has been developed by the Scottish Government as a result of the new general purpose inserted into the Environment Act 1995 by the Regulatory Reform (Scotland) Act 2014. More
    Closed 4 August 2014
  • Direct Payments Consultation

    Recent agreement on the Common Agricultural Policy (CAP) in Europe means that direct payments in Scotland will need to change from 1 st January 2015. The new requirements will cover the period up to 31 st December 2020. From 2015, instead of just one main direct payment for farmers, the Single Farm Payment (SFP), several new types of direct payment to eligible farmers will be possible. Some of these payments will be mandatory whilst others are optional. Further infomation can be found in... More
    Closed 28 March 2014
  • Scotland Rural Development Programme 2014-2020 Stage 2

    We undertook a broad consultation on the principles for the 2014 to 2020 SRDP in May 2013. This second consultation builds on our initial proposals and takes account of the analysis and feedback we received. It also takes account of the relevant aspects of the European Structural Funds 2014 - 2020 Programmes Consultation, latest information on regulations from Europe and on-going discussions with stakeholders. The consultation document sets out our proposals on how we expect to use the... More
    Closed 28 February 2014
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