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  • Proposals for the creation of an Offence of Wilful Neglect or Ill-treatment with regard to services for Children under the age of 18 - Further Engagement

    This consultation outlines and invites views on the Scottish Government’s proposals for a new criminal offence of ill-treatment or wilful neglect with regard to services for children. It also seeks views on what services should be included. These proposals have been developed within the context of Scottish Ministers’ commitment to promoting and fulfilling the requirements of the United Nations Convention on the Rights of the Child (UNCRC). More
    Closed 28 October 2015

  • Consultation on Mobile Traders Food Hygiene National Standards

    Consultation on Mobile Traders Food Hygiene National Standards. Following complaints from business about inconsistency, provisions within the Regulatory Reform (Scotland) Act 2014 made amendments to require the certificate to be from the food authority where the business is registered. Nationals standards for mobile trader food hygiene have been developed to support this and provide consistency and transparency, efficiency and effectiveness in the implementation and enforcement of regulations.... More
    Closed 19 October 2015

  • Consultation on Allotments Compensation: Secondary Legislation under the Community Empowerment (Scotland) Act 2015

    “Consultation on Allotments Compensation: Secondary Legislation under the Community Empowerment (Scotland) Act 2015 A consultation seeking views on what procedures should be put in place for determining compensation payable to tenants and landlords of allotment sites for disturbance, loss of crops and deterioration. The consultation will help define the future regulations in this area.” More
    Closed 16 October 2015

  • Creating a Fairer Scotland: Employability Support

    In Scotland, a range of employability programmes and initiatives help tackle unemployment and support people into work. The Scottish Government, its agencies and a range of private, third and public sector partners help people find work, develop skills to prepare them for work and match the skills needs of Scotland’s employers to those of Scotland’s workforce. Both national and local employability programmes provide a range of focused support, mentoring and... More
    Closed 9 October 2015

  • Scotland's first National Marine Plan - how did we do?

    Scotland’s National Marine Plan was published in 2015, following a commitment to create a single planning framework to manage both Scottish inshore waters (out to12 nautical miles) and offshore waters (12 to 200 nautical miles). It also applies to the exercise of both reserved and devolved functions. The Plan was developed over a period of five years in three main phases Part One: The ‘Pre-consultation phase’ ... More
    Closed 9 October 2015

  • Consultation on Draft Regulations that Prescribe Eligibility Criteria for Appointment to the Scottish Tribunals

    The Scottish Tribunals The Tribunals Act creates a new, simplified structure for tribunals dealing with devolved matters in Scotland. It establishes two new tribunals: the First-tier Tribunal for Scotland (will generally hear first instance cases) and the Upper Tribunal for Scotland (primarily for appeals), known collectively as the Scottish Tribunals. In due course all of the devolved tribunal jurisdictions will transferin to the Scottish Tribunals. In the first phase,... More
    Closed 9 October 2015

  • The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012

    This paper follows a review of the extant regulations and seeks respondents’ views on a number of questions. We want to ensure that the governing regulations offer the right framework to support the expectations associated with the standards and framework. Experience from the operation of the Safeguarders Panel since June 2013 - and the outputs from the more recent development work - now mean we can be clearer about what will be expected from safeguarders, and in turn what they can expect... More
    Closed 9 October 2015

  • Consultation on the Pregnancy and Parenthood in Young People Strategy

    This is the first Scottish Strategy focused on pregnancy and parenthood amongst young people. It aims to increase the choices and opportunities available to young people which will support their wellbeing and prosperity across the life course. The Strategy addresses the fundamental causes of pregnancy in young people and its consequences, with actions focused on how we can impact on the wider environmental and social influences and individual experiences which effect inequalities.... More
    Closed 29 September 2015

  • Prescription and Title to Moveable Property

    The Report on Prescription and Title to Moveable Property was published by the Scottish Law Commission (the Commission) following a Discussion Paper of the same title. The Report on Prescription and Title to Moveable Property (Scot Law Com, No. 228, 2012) was published by the Scottish Law Commission (the Commission) following a Discussion Paper of the same title (Scot Law Com DP No. 144, 2010). It includes a proposed draft Bill which is attached to this consultation as Annex A.... More
    Closed 23 September 2015

  • Consultation on a change of policy for the disposal of animal by-products in parts of Scotland currently designated as remote areas as defined under the Animal By-Products (Enforcement) (Scotland) Regulations 2013

    The European Commission received a complaint against the UK alleging breaches of Union legislation regarding the collection and disposal of animal by-products (ABP) from aquaculture establishments in Scotland. Following discussions with the European Commission, they have confirmed that the Scottish Government is not implementing the derogation for remote areas correctly. To comply with European legislation, the Scottish Government is in the process of changing the policy that allows ABPs... More
    Closed 19 September 2015

  • 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
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