We Asked, You Said, We Did

Below are some of the issues we have recently consulted on and their outcomes.

We Asked

Respondants, specifically, for their views on the proposed draft SSIs: 

  • equivalency with SDLT provisions
  • potential effect on tax avoidance

We also requested general views on the proposed SSI and the broader potential impact on businesses

 

You Said

12 responses from organisations were received.  Broad support for the change to group relief avilability with requests to use Scots Law Terminology, widen provisions to cover any type of equivalent security arrangements located anywhere in the world and to apply the legislation retrospectively.

We Did

Considered the points made by respondants.  We revised the proposed SSI to reflect the request for use of Scots Law terminology,provided provision for arrangments constituted anywhere in the world and to provide avilability of the relief for all types of relevant security provision. 

We Asked

We asked for views on the eligibility criteria for the proposed Land and Buildings Transaction Tax (First-time Buyer) Relief and for technical comments on the accompanying legislation. 

We asked whether you agree, in general terms, with the Scottish Government’s intention that the relief be available where:

- The buyer is a natural person,

- A single dwelling is purchased for more than £145,000.

- The buyer is a first time buyer, who has never had a ‘major interest’ in a dwelling in Scotland or an equivalent interest in a dwelling situated anywhere else in the world.

- The buyer intends to occupy the dwelling as their main residence.

- The effective date of the transaction is on or after the date that the relevant legislation comes into force, and consistent with any final transitional provisions.

We also asked for evidence to inform the Equality Impact Assessment for the proposed legislation.

You Said

We received 21 responses, 8 from organisations and 13 from individuals. There was broad support for the proposed First-Time Buyer Relief, but with a range of comments on specific aspects of the proposal and draft legislation.

We Did

After due consideration of the consultation responses, the amended Land and Buildings Transaction Tax (First-Time Buyer Relief) (Scotland) Order 2018 will be laid before the Scottish Parliament.

We Asked

In July 2017, Marine Scotland invited proposals from the commercial fishing sector for areas to be considered under the Inshore Fisheries Pilots initiative.

Seven proposals were received and are available to view on the Scottish Government websiteMarine Scotland brought forward five of the proposals for consultation, due to their practical application and being most in line with the stated aims of the initiative. These proposals covered: the Inner Sound of Skye, the Isle of Mull, the Orkney Isles, the Outer Hebrides, and Arbroath and Montrose

The consultation document explored each of the proposals in turn, and sought views on which pilots Marine Scotland should introduce in order to explore alternative approaches to managing inshore fisheries.

You Said

There were 122 respondents to the consultation, consisting of 95 private individuals and 27 organisations. Respondents represented a broad cross-section of stakeholders; from those whose living is dependent on fishing, to environmental groups, local authorities and interested individuals.

Respondents provided a range of constructive comments on the pilot proposals. The consultation outcome report provides an analysis of these responses and identifies supportive and unsupportive groups (where possible). Themes in responses are then examined, placing particular emphasis on recurrent themes in answers.

We Did

Following consideration of how consistent the proposals were with the criteria set out in the proposal form guidance and the responses received to the consultation, Marine Scotland will move to put in place the following pilots:

  • A seasonal restriction on mobile gear fishing near Mull
  • A restriction on creel numbers in the Outer Hebrides
  • Zonal fishing management in the waters off Arbroath and Montrose

The proposals for the Inner Sound of Skye and Orkney will not be introduced as a result of this exercise.

Further information on the decision making process is available in the consultation outcome report.

We Asked

We asked for your views on draft guidance Excellence and Equity for All: Guidance on the Presumption of Mainstreaming.

You Said

A total of 362 written responses were received, 87 from organisations and 275 from individuals.  Responses provided views on how to improve the draft guidance and views on implementation of additional support for learning more generally.  

We Did

We published the non-confidential responses and an analysis of the responses to the consultation, avaiable at http://www.gov.scot/Publications/2018/06/8071.  The responses received will help to shape the final version of the guidance on the presumption of mainstreaming.  

We Asked

We asked for your views on proposed changes to the fees charged for the Inspections and production of Plant Health movement documents.

You Said

We received 8 responses all from organisations.  The majority agreed that the fees should be increased.  Concerns were raised about the prosed implementation date of 31 March 2018, as it falls part way through the export season for some crops.  Due to the variety of crops and the differing export seasons it is not possible to completely avoid this.  To ensure fairness and to minimise the impact of these changes to already agreed export agreements the Scottish Ministers have agreed to delay implementation until 1 June 2018.

We Did

We have fully considered all of the responses.  The responses have been published.  The new fee structure will now come into force on 1 June 2018.

We Asked

We welcomed comments on:

a)  any areas within the draft non-statutory Guidance on the Provisions for   Licensing of Sexual Entertainment Venues and Changes to Licensing of Theatres which were unclear or not easily understood
b)  other issues which should be taken into account within the guidance.

 

You Said

In total, 31 responses were received.  These responses provided a range of views in relation to the clarity of the draft guidance and offered some suggestions on other issues which could be included. The responses will help to shape the final version of the guidance.

We Did

We published the non-confidential responses to the consultation and a summary of the responses.  We are working towards finalising the guidance which will be published to support the implementation of the provisions at section 74 and section 76 of the Air Weapons and Licensing (Scotland) Act 2015.  A commencement order will be laid in due course.

We Asked

For your views on a new approach to tackling fuel poverty in Scotland that brings together actions from across government, and across society, to create a comprehensive strategy to deliver reductions in overall fuel poverty levels.  In particular, we invited views on how progress should be monitored and how our aims as set out are translated into an appropriate statutory framework.  Opinions were sought on new proposed targets (both statutory and non-statutory) and a new definition of fuel poverty, which had been recommended by a panel of academic experts. 

You Said

We received a total of 92 responses, representing 91 unique respondents.  Of those, 80 were from groups or organisations and 11 from individual members of the public.  The new definition of fuel poverty proposed was broadly welcomed, with broad support for use of After Housing Cost (AHC) income and adoption of the Minimum Income Standard (MIS), albeit with some calls for a remote rural enhancement.  There was also general support for an outcomes-focussed approach in the new strategy. 

However, more mixed responses were received in relation to the proposed levels and timescales set for the new fuel poverty targets; and there was concern regarding how rural and island communities’ circumstances and experience of fuel poverty are captured under the proposed new definition.

Please read the analysis report for fuller details, available here: http://www.gov.scot/Publications/2018/07/6689

We Did

We have published all non-confidential responses received.  An independent consultation responses analysis report  has now been published online (link above).

All responses have been considered, and have helped to inform the Fuel Poverty (Target, Definition and Strategy) (Scotland) Bill that has been laid in Parliament, and the now published Draft Fuel Poverty Strategy. These documents and associated materials are available online:

Fuel Poverty Bill and associated documents

http://www.parliament.scot/parliamentarybusiness/Bills/108916.aspx

Impact Assessments:

EQIA Results

http://www.gov.scot/Publications/2018/06/7698

Fairer Duty Scotland

http://www.gov.scot/Publications/2018/06/7279

Children’s Rights and Wellbeing

http://www.gov.scot/Publications/2018/06/8976

Health

http://www.gov.scot/Publications/2018/06/5802

Draft Fuel Poverty Strategy

http://www.gov.scot/Publications/2018/06/2306

We Asked

For your views on the detailed policy proposals for the key themes to be included in the forthcoming Education (Scotland) Bill. These themes include:

  • Establishing a Headteachers' Charter to define headteachers’ responsibilities as leaders of learning in schools and set out the support they can expect;

 

  • Providing the legislative underpinning for the establishment of Regional Improvement Collaboratives;

 

  • Improving parental and community engagement in school life and learning;

 

  • Promoting Ensuring that the views of children and young people are considered and that they have an opportunity to participate in decisions about school life and learning.

 

  • Establishing an Education Workforce Council to take on the responsibilities of the General Teaching Council for Scotland and the Community Learning and Development Standards Council and to register other education professionals.

You Said

870 responses were received from a wide range of interested parties including individual teachers and parents, parent councils, teacher groups, local authorities, third sector organisations, teaching unions, and other professional organisations.  Responses covered a range of views including support for and concerns about the proposals together with a number of suggestions.

We Did

Analysis of the consultation responses was carried out by the independent firm Why? Resrach. The final report of was published on 30 April 2018 and can be found here:

http://www.gov.scot/Publications/2018/04/6098

Your views will inform the drafting of the Education Bill which will be introduced to Parliament during the current parliamentary year.

We Asked

The Scottish Government consulted on proposals to amend the Code of Conduct which sets out minimum standards for registered property factors in the delivery of services to homeowners.

You Said

The responses to the consultation provided a range of contrasting perspectives on what the Code should deliver and what requirements should be included. The majority of suggested amendments were of a detailed and technical nature.

We Did

The Scottish Government is currently considering representations made about the draft revised Code as a result of that consultation. The findings will be used alongside other available evidence to inform our consideration of whether the respective changes to the Code are to be taken forward and whether changes to the wider regime regulating property factors should be explored.

 

We Asked

For your views on a draft code of practice on the exercise of powers by constables to search for cash and/or listed assets under sections 289 and 303C of the Proceeds of Crime Act 2002.

You Said

Seven responses were received - four from individuals and three from organizations. Main themes discussed included prior approval and the accessibility of the code.

We Did

We have carefully considered the responses and made changes to the draft code as appropriate.

We Asked

1. Do you agree that the current allocation (1000 tonnes) for the North Sea stock is the right amount?

2. Do you agree that the additional allocation (300 tonnes) for the western stock should be reduced to 50 tonnes?

3. Do you agree with the Scottish Government’s proposal to establish handline mackerel as a fishery open to all 10mu licences and therefore remove all Handline Mackerel Entitlements from licences?

4. Do you agree with the arrangements for the current quota allocation pools for the NS mackerel stock? Do you think that the allocation shares between these pools should change?

5. Should all non-sector vessels (under and over 10m in length) have access to the inshore mackerel fishery?

You Said

Support was strong for most proposals bar the reduction in western allocation and opening access to the fishery for over 10m vessels.

Please read the analysis report for fuller details.

We Did

1. NS mackerel allocation will be 1,000 tonnes.

2. WS mackerel allocation will be reduced to 100 tonnes.

3. Access to the fishery will be open to all Scottish, non-sector, 10mu vessels.

All handline mackerel entitlements will be removed from licences by 1 May 2018.

4. Allocation and management by geographic pools will continue as per 2017 (i.e. monthly limits).

5. No expansion of access for non-sector, over 10m vessels.

We Asked

For your views on possible changes to standards required for fire and smoke alarms in Scottish Homes. We proposed extending the current minimum safe standards in private rented housing to other tenures. There will be a two year period for compliance once the regulations are in force and it is intended that these will be laid in Parliament later in 2018.

 

You Said

In total, there were 122 responses to the consultation, of which 63 were from organisations (including housing associations, local authorities, lettings agents, residents associations and fire safety consultants) and 59 were from individuals.

There was very strong support for a common new minimum standard for fire and smoke detectors across all housing, regardless of tenure. The main reasons given were that all properties should be safe for occupants and that tenure is not relevant. There was also strong support for the new standard to be based on the standard currently applying to private rented property which many respondents felt is a good minimum standard that adequately covers fire safety risks.

We Did

We published an analysis of the responses on 18 March 2018.

http://www.gov.scot/Publications/2018/03/9509

The Scottish Government has committed to extending the existing high standard required in private rented housing to all homes. The Housing (Scotland) Act 1987 will be amended to reflect the new requirements.  The amended standard will cover all homes. 

This would require:

  • at least one smoke alarm installed in the room most frequently used for general daytime living purposes,
  • at least one smoke alarm in every circulation space on each storey, such as hallways and landings,
  • at least one heat alarm installed in every kitchen,
  • all alarms should be ceiling mounted, and
  • all alarms should be interlinked.

The following changes to this standard, all supported by the responses to the consultation, are also proposed:

  • to allow specified types of sealed long-life battery alarms as well as mains-wired alarms - reflecting the availability of appropriate technology and will encourage compliance;
  • to specify a maximum age of ten years for alarms; and
  • to require carbon monoxide detectors in all homes. 

 

We Asked

The consultation asked key questions relating to the design of Low Emission Zones in Scotland.

You Said

The responses helped inform national standards for Low Emizzion Zones and the development of supporting legislation.

In total, 967 reponses were received for the consultation "Building Scotland's Low Emission Zones", and the results can be found here.

We Did

The Scottish Government has committed to introduce Low Emission Zones into Scotland's four biggest cities between 2018 and 2020, and into all other Air Quality Management Areas by 2023, where the National Low Emission Framework supports this approach.

We Asked

We asked about proposed amendment to the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007.

You Said

We received 51 responses which provided detailed comments on the proposals.

We Did

We have considered the written observations received and Ministers laid a Statement in response to these in the Scottish Parliament on 15 December 2017.

We Asked

We asked for your views on the Scottish Governments’s current crofting policy statement and the legislative options and priorities for a new crofting Bill.

You Said

We received 122 responses, which provided the Scottish Government with detailed and varied feedback on the options for a new Bill, current legislative issues and how they might be addressed, and other aspects of crofting.

We Did

All non-confidential responses have been published, along with the analysis report. After taking account of the views offered, the Cabinet Secretary for Rural Economy and Connectivity Fergus Ewing, announced his proposals for a two-phased approach by the Scottish Government in reforming Crofting Law; with work on both phases to commence immediately. Comments made regarding the policy statement and other non-legislative issues will be reviewed through on-going policy development, out-with the legislative strand of work. Updates and papers on the work conducted will be posted on the Scottish Government website.

We Asked

The Programme for Government 2017/18 outlined Scottish Government plans to  establish a Scottish National Investment Bank. The First Minster appointed Benny Higgins, to lead in developing an Implementation Plan. To inform this process we asked for your views on the role and remit of the bank as well as proposed governance models. We asked for international examples and evidence to support the views held.

You Said

We received 1,106 responses with 753 responses coordinated through a Friends of the Earth campaign. Respondents commented on areas of the current landscape that are successful and areas that could be improved by the establishment of a Scottish National Investment Bank, as well as commenting on:

  • The values of a National Investment Bank,
  • Industries and areas on which the Bank should focus,
  • Investment strategies and frameworks,
  • The relationship between the Bank and the existing landscape,
  • A  governance structure.

We Did

The findings have been used to inform the development of Mr Higgin’s Implementation Plan and a consultation report has been published alongside this Implementation Plan. As confirmed in the Programme for Government we will establish a Scottish National Investment Bank and will utilise the responses to this consultation to inform proposals.

We Asked

We asked for your views on Section 70 of the Education (Scotland) Act 1980 - a guidance document for users of the section 70 process.

You Said

We received 14 responses which provided detailed feedback on the guidance document.

We Did

We have fully considered all of the responses.  The responses have been published along with the analysis report.  The final guidance will be published shortly.

We Asked

We asked for your views on how victims of slavery, servitude and forced or compulsory labour should be provided with support in Scotland.

You Said

The analysis of the consultaiton report is available.

We Did

Regulations reflecting the policy will be taken forward in 2018.

We Asked

We asked you to give us your views on updating the School Premises (General Requirements and Standards) (Scotland) Regulations 1967.

You Said

77 responses were received which were supportive of all the Government’s proposals other than the sites for playing fields.

We Did

Consultation responses were published and independent analysis was carried out and published.  This is available to view here:  http://www.gov.scot/Publications/2018/02/6938

We Asked

Your views on pre-recording evidence of child and other vulnerable witnesses in criminal cases.

You Said

We received 47 responses, from 16 individuals and 31 organisations.

We Did

We published the non-confidential responses and an analysis of the responses to the consultation, available at http://www.gov.scot/Publications/2017/12/9674. The responses received will help to shape the Scottish Government's proposals for a Child and Vulnerable Witnesses Pre-recorded Evidence Bill.

We Asked

For your views on draft guidance on common good property. This included draft timescales and procedures for consulting on common good registers and in cases where there are proposals to change the use of or dispose of common good property.

You Said

A total of 44 responses were received from a mix of local authorities, Community Councils, other organisations, and individuals. Main themes included:

  • more time to consider, investigate and respond to common good proposals
  • a variety of ways to identify and engage with community groups
  • complexity of issues surrounding common good property

 

We Did

We have revised the guidance in line with many of the comments received during the consultation.

We Asked

We asked for views on our proposals for a Climate Change Bill.  We asked for views on overall greenhouse gas emission reduction target levels, and whether to set them all as percentage reductions from baseline. The proposed targets included a 2050 target of 90%, 2040 target of 78%, 2030 target of 66% and a 2020 target of 56%. It was proposed that annual targets would be set directly, as percentage figures, from these interim targets rather than via secondary legislation. We also asked for views on including provisions that would allow Ministers to set a net-zero (100% emissions reduction) target.

We asked for views on the target and reporting framework, including:

  • Removing the EU-ETS adjustment and reporting on actual emissions;
  • Allowing targets to be adjusted through secondary legislation;
  • Criteria to be considered when updating targets; and
  • Changes to the process for Climate Change Plans.

We also asked for views in relation to impacts on equalities, children and young people and business, as well as views on the Strategic Environmental Assessment.

You Said

There were 273 non-campaign responses to the consultation and 19,092 campaign responses. We commissioned independent contractors to undertake analysis of the report and you can find the consultation analysis report here:  http://www.gov.scot/Publications/2017/12/8859.

We Did

After serious consideration of all consultation responses, the Climate Change (Emissions Reduction Targets) (Scotland) Bill was introduced into Parliament on 23 May.   

The vast majority of respondents supported raising the ambition of the climate change targets for 2020, 2030, 2040 and 2050 and the Bill includes the target levels consulted on (as set out above).

A majority of respondents who answered the yes/no question on including provisions in the new Climate Change Bill that allow for a net-zero greenhouse gas emission target to be set at a later date supported the proposal. Campaign respondents, and many other respondents, called for a net-zero target year to be set now.  In response, the Bill goes further than was originally proposed, and requires Ministers to request regular advice on the earliest achievable net-zero target year. If they are advised of a year and do not set it in regulations, they must explain to Parliament why they did not do so. 

All targets will be set as percentage reductions and annual targets will be calculated directly from interim targets. Absolute emissions figures will continue to be reported, as called for by some respondents.

Targets will be reported based on actual emissions and not adjusted for the operation of trading schemes such as the EU-ETS.

Parliament will be able to adjust target levels either upwards or downwards.  In response to concerns from some respondents about being able to adjust them downwards, limitations are placed on this ability.

The fair and safe emissions budget criteria is retained as requested by some respondents.

The process for the development of Climate Change Plans is amended, including extending the time for Parliamentary consideration and requiring that Plans set out actions for compensating for shortfalls against previous targets.

More detail can also be found in the Policy Memorandum for the Bill which is available here: http://www.parliament.scot/Climate%20Change%20(Emissions%20Reduction%20Targets)%20(Scotland)%20Bill/SPBill30PMS052018.pdf

We Asked

People across Scotland to let us know what they think is important to support refugees, asylum seekers and our communities.  We needed this information to inform the development of Scotland’s second New Scots refugee integration strategy.

You Said

We received 94 responses, most of which were based on community or stakeholder engagement events.

These responses captured the views of over 2,000 people, including over 700 refugees and asylum seekers. 

An engagement analysis report highlights the themes which were raised most often.  These were: Communities, Culture and Social Connections; Language; Health and Wellbeing; and Employability and Welfare Rights.

We Did

On 8 January 2018 we published the New Scots: Refugee integration strategy 2018 to 2022.

The strategy’s vision is for a welcoming Scotland where refugees and asylum seekers are able to rebuild their lives from the day they arrive.  The strategy includes a range of action across seven themes.  The actions in the strategy were informed by the engagement responses we received. 

We Asked

From 18 July to 12 September 2017, the Scottish Government consulted on how the Socio Economic Duty should be implemented, including:

• How key terms should be defined

• Which public authorities the duty should apply to

• What public authorities could do to show they are meeting the duty and

• How public authorities could sensibly approach the links between different duties with a socio-economic focus

You Said

A total of 123 responses were received: 18 from individuals and 105 from organisations.

We Did

On 23 November 2017 we published a report providing a summary of the responses to the Consultation on the Socio-Economic Duty , and of what the Scottish Government plans to do as a result.

http://www.gov.scot/Publications/2017/11/7596

An easy read version was also made available.

http://www.gov.scot/Publications/2017/11/1989

We Asked

Your views on draft regulations that transfer the Scottish Charity Appeals Panel for Scotland to the Scottish Tribunals 

You Said

We received two responses from organisations. The respondents were content with the majority of the provisions. Comments have been addressed in the analysis of consultation responses document. 

We Did

We have considered the comments provided and have taken these into consideration when redrafting the regulations.