We Asked, You Said, We Did

 What is your view on the proposed TAC level for Clyde herring in 2024?

A range of responses were recieved, as can be found in the outcome report.

Having considered the best available scientific information, the wider obligations and analysed all responses submitted through the consultation process, the TAC for 2024 has been recommended to the UK Secretary of State at 583 tonnes. This is a rollover of the 2023 TAC and retains the existing management measures.

The public consultation sought views on a range of proposals to support improvement in the delivery of planning services, including smarter ways of working, getting more people to consider a career in planning and alternative approaches to financing.

140 responses were received from a wide range of stakeholders, of which 113 were from groups or organisations and 27 were from individual members of the public.

View a summary of responses to the consultation. 

Where permission to publish has been provided, the consultation responses are now available to view online.

We are currently considering the responses to the consultation and will provide an update on next steps when the Scottish Parliament returns after recess.

For your thoughts on our proposals for regulations to enable amendments to the development plan – both the National Planning Framework (NPF) and Local Development Plans (LDPs).

Positive and constructive feedback was received for each part of the proposed regulations. 

We have taken account of all the responses received and are using these to inform the development of the final regulations and accompanying guidance. Our summary report following your feedback is available here: https://www.gov.scot/isbn/9781836016922

The public consultation sought views on the proposed regulations on the procedures to prepare Masterplan Consent Areas (MCAs).

The Planning (Scotland) Act 2019 establishes the principles for establishing MCAs, but regulations are required to set out the detailed procedures to enable planning authorities to use this new consenting mechanism. MCAs will allow planning authorities to take a place leadership role, by proactively consenting the type and quality of development they wish to see in their places.  

The consultation set out the proposed procedures and included two sets of regulations: the first covering the main process for making MCA schemes and secondly separate regulations covering Environmental Impact Assessment provisions for MCAs.

62 responses were received from a wide range of stakeholders, of which 57 were from groups or organisations and 5 were from individual members of the public. Respondents were generally supportive of the proposed regulations and there was broad agreement that the regulations should be kept to the minimum necessary.

View a summary of responses to the consultation. 

Where permission to publish has been provided, the consultation responses are now available to view online. We took account of the responses, which have informed the development of the final regulations.

We asked for your views on the implementation of the prohibition of the sale and supply of single-use vapes in Scotland.

A list of published responses can be found in the Published Responses section below.

A summary of consultation answers and the government response has been published on the Scottish Government website. The document can be found here: Single-use vapes consultation: SG response

We sought views on the draft Scottish National Adaptation Plan 3 (SNAP3) 2024-29, which sets out out how we intend to support the people of Scotland prepare for and build resilience to the impacts of climate change.

Consultation on the draft Adaption Plan (SNAP3) opened on 31 January 2024 and closed on 24 April 2024.

The consultation asked 32 questions, on a broad range of issues, around:

• Lived and local experiences of climate change;
• The Plan’s 5 outcomes of Nature Connects; Communities; Public Services and Infrastructure; Economy, Business and Industry and International Action;
• Enabling factors, such as monitoring and evaluation and responsible, private investment;
• The possible effects and outcomes of the Adaptation Plan on people, businesses, and communities and how to avoid any unjust negative impacts, to inform our impact assessments. 

A total of 240 responses were received, triple the number from the previous Adaptation Plan. 131 (55%) responses were submitted by individuals and 109 (45%) were submitted by or on behalf of a broad range of organisations.

In response to the consultation respondents:

• Highlighted concern for the adverse economic impacts of climate change, including rising costs and disruptions to key services and supply chains, and the importance of adequate financial support, as well as public and private investment; 
• Expressed concerns around declines in biodiversity and a decreased resilience of natural ecosystems, and supported enhancing green spaces, restoring natural habitats such as forests and peatlands, and improving waterway management;
• Called for strengthening the resilience of infrastructure and public services, including coastal and flood defences, public transport networks, energy systems and public utilities;
• Emphasised collaborative action within and across the public and private sectors, including for the Plan to facilitate multi-stakeholder platforms and partnership networks;
• Highlighted the importance of empowering communities to participate in climate adaptation efforts and of community-based initiatives as important ways to build resilience;
• Raised the importance of raising awareness and increasing education on the impacts of climate change in Scotland; 
• Sought increased integration of health considerations into the Plan to protect and improve the mental and physical wellbeing of communities, especially for populations most vulnerable to climate impacts; 
• To support or incentivise more investment in adaptation action, there was support for the approaches proposed in the draft SNAP3, notably grant funding schemes to help offset risks associated with adaptation investments;
• Most respondents from organisations supported the proposed approach to monitoring and evaluating progress of the Adaptation Plan. Suggestions were raised for additional outcome indicators in the monitoring framework, such as socio-economic measures and added environmental indicators.
• Mixed viewpoints were shared on the Plan’s impacts on children’s rights and Island communities, but respondents hoped the Plan would lead to a safer living environment and improve overall standard of living.

A comprehensive, independent analysis of responses to this consultation was undertaken by Alma Economics and is now published on Gov.Scot. Where permission to publish has been provided, individual and organisational consultation responses are also available to view.

The responses to this consultation have directly informed policy development for the final Adaptation Plan, including but not limited to:

• Integrating an increased focus on action to support coastal communities and progressing commitments to support community-led action in the Plan’s outcome on Communities;
• Maintaining an emphasis on action to protect and enhance nature including nature-based solutions, as a key means of supporting resilience, in the Plan’s outcome on ‘Nature Connects’;
• Committing to expand regional adaptation partnerships and to further guidance and support to help public services and infrastructure operators understand future climate scenarios;
• Increasing educational resources, including the development of children’s version of the final Adaptation Plan to support learning;
• An increased focus on action to manage supply chain vulnerabilities for food and vital goods, mobilise increased responsible private investment, as well progressing proposals for business support in the Plan’s outcome on Economy, Business and Industry;
• Integrating a greater focus on the relationship between climate and health, including mental health and wellbeing, across the Plan;
• Developing a robust approach to monitoring and evaluation, including ideas for effective data sources.

The Scottish Government intends to publish a final Adaptation Plan 2024-29 which in informed by the findings of this consultation, a suite of impact assessments and stakeholder engagement in Autumn 2024.

We asked for your views on proposals for a Learning Disabilities, Autism and Neurodivergence (LDAN) Bill.  The consultation covered potential legislative changes to protect, respect and champion the rights of people with learning disabilities and neurodivergent people. Proposals covered a wide range of areas of life such as justice, health and education.

The consultation opened on 21 December 2023 and closed on 21 April 2024.

877 responses were received across the 4-month consultation period.  Of that, 609 responses (69%) were from individuals or groups of individuals, and 268 (31%) organisational responses. 

Overall, the evidence supported the need for improvements across a range of systems to support better outcomes for neurodivergent people and people with learning disabilities. The analysis demonstrates a diverse range of views across several of the proposals that were consulted on, and additional suggestions were put forward.

We are grateful to everyone who took time to share their views and provide a response to this consultation.

An independent analysis commissioned by the Scottish Government was published on 26^th August 2024.

The consultation analysis report, was accompanied by a standalone Executive Summary, two Easy Read documents as well as audio and BSL video.

We are carefully considering what we have heard during the consultation process to help inform development of the LDAN Bill.

The Scottish Government’s Programme for Government (PfG) 2024-25 announced our commitment to continuing to develop proposals for the Bill and indicates that we will publish draft Bill provisions. It is our intention to publish these provisions in order to seek people’s views on our finalised proposals and how the legislation will be framed.

We sought views on the Environmental Authorisations (Scotland) Regulations 2018: proposed amendments. The consultation opened on the 15 December 2023 and closed on 30 March 2024.

We received 50 responses to our consultation questions. These included responses from 42 organisations and 8 individuals.

Respondents were generally supportive of:

• the proposals on the technical provisions relating to water, waste, and industrial activities;
• the four proposed new activities and changes to the process in relation to the public consultation and call-in procedure;
• the various amendments to the common procedures in the 2018 Regulations and technical provisions for radioactive substances activities.

A full analysis of the consultation is available on the Scottish Government website.

The analysis of responses received has been published, along with the individual responses (where permission was granted). The Scottish Government intends to implement the proposals set out in the consultation to amend the Environmental Authorisations (Scotland) Regulations 2018. We will now take all the comments and suggestions made as a result of the public consultation into consideration when preparing the Scottish Statutory Instrument.

We sought views on the proposed priority and further actions within the Circular Economy and Waste Route Map to 2030, to accelerate more sustainable use of our resources in Scotland, support delivery of a circular economy to 2030, and reduce emissions associated with resources and waste. The consultation opened on the 18 January 2024 and closed on the 15 March 2024.

There were 156 responses to the consultation from individuals (43) and organisations (113).

Across the consultation most respondents agreed or strongly agreed with each strategic aim, and respondents provided constructive feedback on the proposals and associated impact assessments. There were consistently high levels of support across the Route Map’s strategic aims*:

• 77% agreed with the Reduce and reuse priority actions. 71% agreed with its further actions
• 76% agreed with both the priority and further actions proposed within Modernise recycling
• 78% agreed with both the priority and further actions proposed within Decarbonise disposal
• 76% agreed with the Strengthen the circular economy priority actions. 81% agreed with its further actions.

*The percentage of respondents who answered ‘agree’ or ‘strongly agree’ when asked the extent to which they agreed with the proposed actions set out under each of the strategic aims.

Responses to the consultation have been published, and you can find a link to the independent analysis of the consultation responses here https://www.gov.scot/isbn/9781836015611. Ahead of the publication of the final Route Map later in 2024, we’re carefully considering all feedback to ensure our transition to a circular economy works for Scotland’s businesses, public sector and communities and helps us reach our net zero ambitions.

We asked for your feedback on the draft Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024.

A list of published responses can be found in the Published Responses section below.

A summary of consultation answers and the government response has been published on the Scottish Government website. The document can be found here: Draft Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 consultation: SG response - gov.scot (www.gov.scot)

We asked for views on the operation of the Clyde & Hebrides Ferry Services. This was an opportunity for those who have advocated for change, including aspects such as improved resilience, greater transparency, better communications, responsiveness, service flexibility, and increased certainty for communities and service-users, to directly contribute to the contract development process.

In total, 434 responses to the consultation were received, Most of the responses were submitted by individual members of the public. There were also 41 responses from organisations, including Ferry Community Boards and Ferry Committees. Community Councils and Development Trusts (the two largest groups with eight and seven respondents respectively) also contributed responses.

Respondents expressed views about the ferry services within the Clyde and Hebrides area. A recurring theme was the unreliability of the services, particularly in relation to timetable changes, reduced services, and last-minute delays or cancellations. This has led to a perception of the service being at a crisis point.

Communication issues were also highlighted, with instances of passengers not being informed about cancellations until the last minute. It was stated that the unreliability of the services has caused difficulties for commuters and those needing to attend important appointments, in addition to creating challenges for businesses, affecting the movement of goods and staff.

Despite these concerns, the vessel crew and port staff were often commended for their resourcefulness, resilience, and responsiveness, embodying the qualities desired for the entire CHFS operation.

The consultation responses have been carefully considered and CalMac is working collaboratively with Transport Scotland on a range of improvement measures.  We will continue to engage with communities, unions and businesses to update them on the consultation outputs, and planned service enhancements in relation to the issues raised; this includes working with CalMac to proactively roll out an Enhancement and Change Plan.  We will be hosting in-person community engagement events  alongside webinars to discuss the next steps for the service.  Further updates will also be made available via the CHFS3 website as they become available.

We asked for your views on Community Learning and Development (CLD) in Scotland. We asked learners, potential learners, practitioners and stakeholders of CLD what they think is working well and what could be done better.

We did this to help the Independent Review of CLD provide information and recommendations to the Scottish Government relating to measuring outcomes delivered through CLD, delivering positive outcomes and improved life chances for marginalised and vulnerable learners and a suitably professionalised CLD workforce equipped to deliver high quality outcomes for learners.

We received a total of 1140 responses on Citizen Space, of which 717 were from learners and potential learners and 423 were from practitioners.

Awareness and visibility of CLD was highlighted as a key issue. Respondents suggested that awareness can be limited by CLD being a poorly defined sector and having insufficient policy profile. There were calls for better communication to improve awareness of CLD provision, and especially around the positive impacts being delivered.

Poor awareness of CLD opportunities was also highlighted as a particular issue for people who want to access learning. Respondents suggested that access can be easier for those who have already engaged with CLD and who are aware of local opportunities. Reaching those who might benefit from CLD but who have not yet engaged with services remains a challenge. 

Flexibility of learning provision was seen as a key strength for CLD, especially in terms of making opportunities as widely accessible as possible. However, respondents referred to multiple barriers to access. These included access to and cost of transport, digital exclusion, and maintaining CLD alongside other time commitments. Funding challenges were also highlighted as impacting the CLD workforce and learner journey.

Practitioners were clear about the positive outcomes they deliver for learners, and the contribution that CLD makes to national policy priorities. However, there was a perception that CLD is undervalued. Respondents wished to see change to increase the profile and status of CLD across the wider learning and skills sector.

Learners reported that they felt well supported by CLD practitioners throughout their learning. This included support to build on their current learning, and specifically around transitions during their learning journey. Practitioners referred to a range of methods used to assess the effectiveness of outcomes, but saw scope for this to improve. It was suggested that consideration should be given to data collection around national outcomes against a set of agreed KPIs.

The Scottish Government is grateful to those who took the time to provide a response to these consultations. The responses have been helpful in informing the review report and recommendations to the Scottish Government, which will be published in due course. We have published all non-confidential responses to the review. The analysis of these responses will be made available in the overall Evidence Report, which will be published alongside the review report and recommendations. Direct links to these will be added below once they are published.

We asked for your views on Community Learning and Development (CLD) in Scotland. We asked learners, potential learners, practitioners and stakeholders of CLD what they think is working well and what could be done better.

We did this to help the Independent Review of CLD provide information and recommendations to the Scottish Government relating to measuring outcomes delivered through CLD, delivering positive outcomes and improved life chances for marginalised and vulnerable learners and a suitably professionalised CLD workforce equipped to deliver high quality outcomes for learners.

We received a total of 1140 responses on Citizen Space, of which 717 were from learners and potential learners and 423 were from practitioners.

Awareness and visibility of CLD was highlighted as a key issue. Respondents suggested that awareness can be limited by CLD being a poorly defined sector and having insufficient policy profile. There were calls for better communication to improve awareness of CLD provision, and especially around the positive impacts being delivered.

Poor awareness of CLD opportunities was also highlighted as a particular issue for people who want to access learning. Respondents suggested that access can be easier for those who have already engaged with CLD and who are aware of local opportunities. Reaching those who might benefit from CLD but who have not yet engaged with services remains a challenge. 

Flexibility of learning provision was seen as a key strength for CLD, especially in terms of making opportunities as widely accessible as possible. However, respondents referred to multiple barriers to access. These included access to and cost of transport, digital exclusion, and maintaining CLD alongside other time commitments. Funding challenges were also highlighted as impacting the CLD workforce and learner journey.

Practitioners were clear about the positive outcomes they deliver for learners, and the contribution that CLD makes to national policy priorities. However, there was a perception that CLD is undervalued. Respondents wished to see change to increase the profile and status of CLD across the wider learning and skills sector.

Learners reported that they felt well supported by CLD practitioners throughout their learning. This included support to build on their current learning, and specifically around transitions during their learning journey. Practitioners referred to a range of methods used to assess the effectiveness of outcomes, but saw scope for this to improve. It was suggested that consideration should be given to data collection around national outcomes against a set of agreed KPIs.

The Scottish Government is grateful to those who took the time to provide a response to these consultations. The responses have been helpful in informing the review report and recommendations to the Scottish Government, which will be published in due course. We have published all non-confidential responses to the review. The analysis of these responses will be made available in the overall Evidence Report, which will be published alongside the review report and recommendations. Direct links to these will be added below once they are published.

We asked for your views on policy proposals for water, wastewater and drainage services and how we can adapt these services to the risks posed by climate change. The consultation opened on 21 November 2023 and closed on 21 February 2024. 

The consultation responses show broad support for our policy proposals. Respondents understood the need to make changes in order to protect our services, whether this is by using water more efficiently, managing rainwater more sustainably or being more responsible with what is disposed of into sewers. There is an understanding that these changes will require investment and that there need to be changes to how the water industry operates, but that change is necessary.  

The Scottish Government would like to thank everyone who took the time to provide a response to the consultation. The consultation responses are now available to view online where permission to publish has been provided. A full consultation analysis report has been published and is available on the Scottish Government website. 

We asked for views on proposals for a Wellbeing and Sustainable Development (Scotland) Bill (WSD Bill), which aims to further improve decision-making and the implementation of the National Performance Framework to ensure that all policy and delivery is focused on increasing the wellbeing of people living in Scotland, both now and in the future.

We also asked for your views on further improving accountability and scrutiny of the National Outcomes, including the case for a Future Generations Commissioner.

The consultation opened on 6 December 2023 and closed on 14 February 2024.

We received a total of 180 responses. During the data review process one response was removed as it did not relate to the questions. A joint response from various public and third sector organisations was counted as two responses. There were 117 responses from organisations (65%) and 63 from individuals (35%).

Below is a short summary of general views, however this is not exhaustive and does not represent every view expressed. The consultation analysis, available here, includes further detail, although this is still not exhaustive. A full list of all publishable responses is available here.

A majority of respondents were in favour of statutory definitions of ‘wellbeing’ and ‘sustainable development,’ with various benefits identified, including providing greater clarity and consistency in their meaning and application to decision-making. Challenges were also identified, including the broad, subjective, and multi-faceted nature of the terms and subsequent difficulties in setting statutory definitions.

Some respondents said the current duties on the National Outcomes were not clear or robust enough and that a stronger legal duty, or wording of a legal duty, could provide a more explicit requirement to work towards the National Outcomes. Some expressed it would be worthwhile to review existing duties and how strengthening duties on the National Outcomes would align with these. Those in favour of legislation broadly agreed it should cover all areas of decision-making and those not in favour of legislation thought it should exclude all areas.

Most agreed that the strengthening of a legal duty should apply widely and include Scottish Ministers and the Scottish Government explicitly. Some argue this should go further and apply to private and third sectors, and few feel duties should not be applied to any organisation.

Some agree that it is important for the Scottish Government to explore ways to improve reporting on the achievement of wellbeing objectives. A common point made is that this would help to hold public bodies to account and aid learning. However improved reporting should not become unduly onerous or bureaucratic and duplicate other existing processes. Instead, a proportionate approach should be taken, including guidance and support for public bodies in fulfilling duties and reporting.

Views are mixed on whether Scotland should establish an independent Future Generations Commissioner (FGC). Less than half of respondents agree with this, and a sizeable proportion were unsure or did not answer, with some against the proposal. Further clarity and consideration are needed on the role, remit, purpose, functions and powers of the FGC and its integration with the existing landscape of Commissioners, including the risk of overlap. Some see significant value in an independent body with adequate resource and powers, which can provide support and keep public bodies, including Scottish Government, to account.

Respondents who feel that there is not a requirement for an FGC or who said that the case for such an appointment has not yet been made by Scottish Government, raise concerns including the risk of under-funding for other bodies, dilution of their duties or remit and fragmentation of the landscape. The cost of an FGC and risk of additional bureaucracy are also raised. They state alternative options could be identified and assessed.

Scottish Government will issue a Final Consultation Report, summarising views in more detail than done so here and outline the subsequent decisions taken.

The Scottish Government is grateful to those who took the time to provide a response to this consultation. The consultation responses have been independently analysed and the analysis report has now been published, along with the individual/organisation responses (where permission was granted). These responses have been carefully considered as part of further policy development and advice to Scottish Ministers. Ministers will take these views and considerations into account in their decision-making on how to progress. We will update this section and all stakeholders once next steps are determined.

We asked for your views on the policy proposals for the Care Leaver Payment. This included questions on the intention of the payment, the proposed eligibility criteria of the payment, the application process and what support is required when applying for and after receiving the payment.

The consultation closed on 26 January 2024 and 80 responses were received, including 32 individual responses and 28 organisational responses. These have been published on the consultation hub.

An independent analysis has been commissioned by the Scottish Government and is currently underway. The analysis report will be published in Spring 2024.

The responses, along with reports from engagement events during the consultation period, will inform the policy development of the proposed payment.

We sought views on the Scottish Government's proposal to:

1. Introduce secondary legislation that will permit and regulate the production and marketing of plant reproductive material of an organic and heterogeneous nature in Scotland
    
2. Method of delivery:

• The legislative mechanisms by which OHM might be marketed
• The scope of species any new legislation should apply to

The consultation closed on 23 January 2024 on the Scottish Government Citizen Space website and gained a total of 30 responses.

The majority of respondents (77%) supported permitting the regulation, production and marketing of OHM, with a majority (80%) supporting the scope of this legislation being applied across all plant types.

However, a number of respondents whom are well placed in the seed production industry, whom did not support permanent legislative change, provided a range of valid concerns.

The Scottish Government’s analysis of the consultation has been published as well as the consultation responses (where permission was granted).

In response to the consultation results, recognising the majority support of permanent legislative change, a review current Scottish legislation is being held with the aim of making revisions to allow the regulation, production and marketing of OHM.

However, further investigation is currently being conducted into the issues of OHM. This is being handled by directly contacted plant breeder's rights organisations as well as industry (seed producers).

The consultation opened on 6 October 2023 and closed on 22 January 2024.

We proposed measures, and sought your views on changes, to strengthen existing enforcement powers and increase penalties for offences under sections 21, 27 and 48 of the Building (Scotland) Act 2003.

Under section 21 if owners should be held accountable for offences where they allow unauthorised occupation of a new, extended or converted building without a completion certificate. 

Under Section 27, proposals were to include an option for removal of work, introduce a standalone stop notice, clarify the scope of section 27 to take action after acceptance of a completion certificate for High Risk Buildings (HRBs) and set a time limit for serving enforcement notices. 

Under section 48 proposals were to increase penalties for offences from £5000 to £50,000, and include a  two-year custodial sentence to act as a greater deterrent for those persons who undertake building work that does not meet the building warrant or Building (Scotland) Regulations 2004.

In total, 43 consultation responses were received. Individuals provided 18 responses to the consultation; the remaining 25 were from organisations. The largest number of organisations were from local authorities and their associated bodies (15), professional associations and membership organisations (7) and commercial organisations and manufacturers (3).

Many individuals and organisations with detailed knowledge took part in the consultation, sharing their views on the proposals to strengthen the existing enforcement powers of local authorities and change the penalties for building standards offences.

Overall, there was broad support for the proposals. Respondents typically agreed that the proposals provide a clearer, stronger deterrent that should help to improve compliance, enable more effective enforcement and ensure building safety. The proposals were also seen as offering greater flexibility to relevant parties and helping to align Scotland with other parts of the UK.

Nine in ten respondents agreed with the proposal to hold owners accountable for new/converted buildings which are occupied illegally (section 21), and between two thirds to over four fifths of respondents supported a new provision for the removal of work, a standalone stop notice, and the ability to take enforcement action after the acceptance of a completion certificate for High Risk Buildings (section 27).

Views were more mixed on introducing a time limit for local authorities to take action on all work subject to a building warrant and building regulations (section 27). While seven in ten agreed with the introduction of a time limit, just under half favoured the proposed 10-year limit. Other respondents either felt a 10-year limit was too long, or that there should be no end date to being able to take action on non-compliance.

Very high levels of support were noted for increasing the level of a fine to a maximum of £50,000 and the option to include a custodial sentence (section 48). However, many caveated their agreement by noting the need to ensure penalties are proportionate to the level or nature of non-compliance.

While perceived impacts of the proposals were generally limited, there was concern from many respondents, particularly local authorities, that the proposals could put additional pressure on the time and resources of local authorities and their verifier teams. Across the consultation, some organisations noted additional costs and risks which builders and developers could face. There were also calls for the Scottish Government to provide further guidance and clarification about how the provisions could be used in different scenarios, and to consider how the provisions would work alongside existing legislation.

A full analysis of the consultation is available on the Scottish government website.

The Scottish Government will seek to amend sections 21, 27 and 48 of The Building (Scotland) Act 2003.

We asked for views on two minor amendments to road works legislation. Firstly,  on the proposal to revoke the Scottish Statutory Instrument,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2022” and replace it with a new Regulation to account for the overall running cost in the 2024/25 and secondly, Secondly, we sought views on amending “The Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017”, and the Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operative and Miscellaneous Amendments) (Scotland) Regulations 2023, by expanding the list of approved awarding organisations to include two additional bodies, “Highfield Qualifications” and “EUIAS ”

In total, thirteen responses to the consultation were received, primarily from roads authorities. One response was received from an individual, seven from local authority roads teams, four from statutory undertakers and one from a public body responsible for the regulation of road works in Scotland. Brief analysis of these responses is detailed below:

There was strong support for both proposals; ten of the thirteen responses gave full support for the proposal on Fees. One roads authority noted no objection or preference, and two statutory undertakers objected to the current splitting mechanism. Of the two undertaker responses in opposition to the proposal, one made no alternate suggestions, but noted that undertakers appear to be paying more than roads authorities generally. However as the mechanism is use based, and at present utility firms undertake 75% of works, this is to be expected. Another undertaker suggested a new splitting model for future years in addition to opposing the current one. Twelve of the thirteen responses gave no objection to the addition of two new awarding bodies in road works training for Scotland, with one response skipping the question. One comment was received caveating their ‘no objection’ response,  on the condition that the bodies in question meet the relevant standards

The consultation responses have been carefully considered, most of the respondents supported the proposal to replace the 2022 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2022”, and replace it with a new Regulation as proposed. We have also added the two new awarding bodies, “Highfield Qualfications” and “EUIAS” to the appropriate statute. We have passed on the single request for a new apportionment model for fees and amounts with the Roads Authority and Utility Committee (Scotland), as the industry body representing the road works community. We have advised that if the group wish to review, amend or replace their current proposed splitting mechanism, comment must be returned to Transport Scotland by September 2024, to allow for sufficient consultation ahead of the next financial year.

As part of the Pension Age Winter Heating Payment consultation, we explained our intention to replace the UK Government’s Winter Fuel Payment on a like for like basis. As part of this, we asked questions about whether the proposals were likely to meet the policy intent; whether the eligibility criteria is clear; the naming of the benefit; the amount, format and timing of the payment; the impact of the policy as well as requesting views on the longer term development of the benefit.

We received 906 responses to the consultation, 881 from individuals and 25 from organisations. Most respondents indicated that they support the like for like introduction of a new benefit to replace Winter Fuel Payment, and there was strong support for maintaining universal eligibility of the payment. However, some also expressed reservations about the proposed universal eligibility criteria, and called for payments to be better targeted at those experiencing fuel poverty. These views were also reflected in the work undertaken with stakeholders alongside the consultation.

Concerns were also expressed around the timescales for clients to request a redetermination following an unsuccessful application. Respondents raised concerns that clients would have 31 days to request a redetermination, whereas Social Security Scotland will have 56 days to consider this request. Respondents suggested that older people may need longer than 31 days to gather the evidence required to challenge a decision. Similarly, many suggested that 56 days may be too long for clients to wait for the outcome of a redetermination, as this long period may leave individuals without funds at the start of the winter period.

Respondents highlighted a range of ways in which the payment could be made more effective for rural and island communities. Highlighting the difficulties for those living off gas-grid in sourcing alternative fuels, and the rising prices of these fuels across the winter period, many called for higher payment values and earlier or more flexible payment timings for rural communities.

Similarly, many respondents highlighted other groups who could benefit from the payment, calling for the expansion of eligibility to include vulnerable groups such as adults with disabilities and unpaid carers.

We considered the consultation responses and the impacts that the suggested changes would have if they were implemented. We have taken into account the extent to which any changes to the policy may present a significant financial challenge or potentially risk our ability to deliver the benefit in winter 2024-25, due to the requirement for a substantial redesign of the delivery systems of the payment.

In response to concerns raised within the consultation about redeterminations, we have now changed these timescales to give clients 42 days to challenge a decision, rather than the originally proposed timescale of 31 days. This will provide clients with greater flexibility, giving them more time to challenge a decision on their application.

Due to the complexity of decision making within Pension Age Winter Heating Payment, which may involve a process of household matching as well as seeking additional information in relation to the qualifying week, we have not changed the timescales for Social Security Scotland to respond to redetermination requests. It is important to note that 56 days would be the upper limit for completing a re-determination, and that we expect most re-determinations to be completed more quickly. This benefit will have the largest caseload of all Social Security Scotland benefits, with over 1 million people eligible. Considering the scale of the eligible cohort and the complexity of decision-making, even a small volume of re-determinations could have significant operational impacts. A timescale of 56 days to complete re-determinations will allow Social Security Scotland to more effectively manage these requests, reducing the risk of re-determinations going out-of-time.

As proposed, we will maintain universal eligibility to ensure the safe and secure transfer of the benefit this winter. The Scottish Government will continue to consider options for the longer term development of the benefit post-launch. The responses to the consultation will support this work.