We asked for views on a minor amendment to road works legislation. We sought views on the proposal to revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2019” and replace it with a new Regulation to account for the running costs of £911,000 for the 2020/21 financial year.
In total, twelve responses to the consultation were received, from utility undertakers, roads authorities, one contractor and one individual. Brief analysis of these responses is detailed below.
There was overall support for the proposal: six responses gave full support; and two gave support with a note that over the long term either the costs or the supporting cost sharing model should be reviewed. Of the four remaining responses, two were not content with the agreed cost sharing matrix developed by the Roads Authority and Utility Committee (Scotland). One response objected to any kind of cost sharing, noting that the costs should not be borne by local government. One response discussed a lack of clarity over how the monies raised are spent. It should be noted that this information is available at a high level through the Scottish Road Works Commissioners annual account, and can be made available in more detail through information access regimes.
The consultation responses have been carefully considered. The majority of respondents supported the proposal to replace the 2019 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2019”, and replace it with a new Regulation as proposed.
The Human Tissue (Authorisation) (Scotland) Act 2019 (‘the 2019 Act’) provides a framework for the authorisation and carrying out of pre-death procedures. When the 2019 Act is implemented in autumn 2020, pre-death procedures must be specified as either Type A or Type B in order for them to be carried out.
We asked for views on whether a proposed list of medical procedures that will form the content of the Human Tissue (Authorisation) (Specified Type A Procedures) (Scotland) Regulations was both accurate and comprehensive. It was explained that pre-death procedures are the routine medical procedures normally completed in an intensive care unit to assess the suitability of organs and tissue for transplantation, or to increase the likelihood of successful transplantation for the recipient.
Type A procedures are those medical procedures which are currently routinely carried out and which Scottish Ministers consider are appropriate to be carried out in accordance with the provisions of the 2019 Act and not requiring any further restrictions or requirements. They include procedures such as the taking of a blood sample, taking of a urine sample and other routine procedures such as an electrocardiogram (ECG).
19 responses were submitted, including nine from organisations. Responses were primarily from those directly involved in the deceased donation and transplantation pathway across NHS Scotland.
In response to consultation questions on the proposed list of procedures, a number of respondents highlighted two procedures that they recommended for removal as a Type A pre-death procedure (which were computerised tomography (CT) scan and magnetic resonance imaging (MRI)). A number of other potential amendments were variously put forward to more accurately reflect current practice and also to suggest inclusion of a variety of other medical procedures which are less common, in the context of facilitating deceased donation and transplantation.
The responses to this consultation have informed and shaped the content of the Human Tissue (Authorisation) (Specified Type A Procedures) (Scotland) Regulations 2020, which have now been laid before the Scottish Parliament on 03 February 2020. This can be viewed here: http://www.legislation.gov.uk/sdsi/2020/9780111043981/contents
Where permission to publish has been provided, the consultation responses are now available to view online.
An analysis of the responses to the consultation has been published on the Scottish Government website and can be viewed here: https://www.gov.scot/publications/human-tissue-authorisation-specified-type-procedures-scotland-regulations-analysis-consultation-responses/
We asked for feedback on our draft 2020-23 Corporate Plan to make sure our final Plan fully reflects views from all of Scotland.
The consultation covered activity related to rural estates, coastline, seabed, investing in built development and more.
Helping attract offshore wind investment, supporting new ways of growing food and closer working with communities – particularly on the coastline – are just some of the proposals we asked for views on.
A Strategic Environmental Assessment (SEA) was undertaken to assess the likely environmental effects of the draft Corporate Plan. An Environmental Report, detailing the findings of the SEA, was also consulted on.
The consultation was open online from 31st August to 9th December. In total 44 responses were received. The responses have provided constructive views and suggestions to questions asked on the draft Plan and the Environmental Report.
The non-confidential responses to the consultation are now published and available on this consultation summary page.
The overall response to the direction of the Draft Plan was positive. Most respondents agreed with strategic direction outlined in the Plan and supported the proposed investment strategy as well as our focus on partnership working.
Respondents also highlighted some areas we could improve on, including simplifying the Plan structure and language, further embedding community engagement and making clearer our role in helping create a net zero economy.
We received a total of 18 responses to the Environmental Report prepared as part of the Plan’s Strategic Environmental Assessment.
Responses received by Consultation Authorities were generally positive with comments focussing on additional baseline information sources, providing a more detailed explanation of the Screening process and flagging supplementary mitigation and enhancement opportunities we could engage with.
Wider consultation responses focussed on potential ways the Plan could maximise positive environmental effects and flagged additional information sources to inform the assessment findings.
The consultation responses were considered by an independent agency who put together a consultation analysis report, highlighting key themes and findings from the responses. This report can be found on this consultation summary page and on the Crown Estate Scotland website.
We will also be publishing a Post-Adoption Statement, detailing how we have included the feedback on the Environmental Report in the final Plan and how we plan to monitor it’s continued environmental impacts.
The Post-Adoption Statement will be published on our website, alongside the final 2020-23 Corporate Plan and a note detailing how we have responded to points raised through the consultation and through the additional impact assessments (Island communities; equalities and children’s rights and wellbeing).
We will be launching the final 2020-23 Corporate Plan in April 2020.
We sought your views on the appointment and functions of an Independent Child Trafficking Guardian (ICTG); and also on some of the wider operational issues concerned with the provision of a new ICTG service that will support children and young people who are, or vulnerable to becoming, victims of trafficking.
You provided us with 40 responses to our consultation questions. These included responses from 19 organisations, 18 Individuals and 3 who wished to remain anonymous.
With regard to the appointment and functions of ICTG’s, our initial analysis of the responses found that a majority were in agreement with the proposed functions of the new role. A number of helpful suggestions, references and requests for clarification were provided to ensure that the support provided by the new service is robust.
On the broader issues we asked you about regarding additional support for victims, measures to prevent re-trafficking, data sharing and conduct, you have provided some really helpful suggestions that will inform the design of the new service and any supporting guidance we develop.
Responses to the consultation have now been published where permission has been obtained to do so. Analysis of the responses is ongoing and we will publish a full and more detailed analysis report on the responses we received to this consultation by February 2020.
The responses received will inform the development of the new Independent Child Trafficking Guardian role. It is anticipated that the role will be fully implemented in 2021 to allow sufficient time to draft regulations and guidance and complete a tendering exercise for the new role.
Following the fire at Grenfell Tower in 2017, the Scottish Government Ministerial Working Group (MWG) on Building and Fire Safety commissioned three reviews, including the Review of the Fire Safety Regime in Scotland for High Rise Domestic Property. Whilst the review concluded there were no gaps in legislation, it made Recommendations to strengthen fire safety in high rise domestic properties and to introduce Scottish guidance concerning “Fire safety in specialised housing”.
A public consultation ran from 31 July – 22 October 2019 to gather information and views on draft Guidance. This helped shape and improve the content.
The Scottish Government Fire and Rescue Unit also engaged with key groups in a number of consultation events throughout the summer of 2019 to discuss the key elements, promote participation in the consultation and to seek early views to help shape the structure and content of the Guidance.
The consultation received responses from a total of 38 respondent organisations. The responses came from local authority housing providers (8), Housing associations (6), Care and support providers (1), Scottish Fire and Rescue Service (1), Advice agencies (15), Consultants/contractors carrying out fire safety risk assessments (2) and people with views on the subject, including those with relatives living in Specialised Housing (3), Managing agents or facilities managers (1). Independent/private sector housing providers (1). No residents or tenants responded to the consultation.
Based on the consultation responses, the Guidance has been welcomed by stakeholders and interested parties. It was acknowledged that there is a need for enhanced fire safety measures for many in Specialised Housing, due to the vulnerability of some residents.
Most comments sought further clarification e.g. on the types of dwellings in scope or to use less technical language. Further editorial suggestions included providing weblinks to relevant legislation and a succinct description of landlord/housing provider responsibilities. Some professional bodies made specific suggestions for changes or additions to the technical content.
Similarly, participants in the consultation events welcomed the introduction of the Guidance and of the person-centred and premises based approaches. Issues raised included:
We published an analysis of the consultation responses on 30 January 2020.
Based on feedback from the consultation, the following revisions were made to the Guidance:
We asked for views on six draft Strategic Police Priorities.
Overall the draft Strategic Police Priorities were positively received. There were some areas where respondents felt they could be further developed.
We have strengthened the priorities in the areas of engaging with local communities, working in collaboration with partners, and supporting the development and wellbeing of the police workforce.
We asked for feedback on our draft Energy Efficiency (Private Rented Property) (Scotland) Regulations 2020 and associated draft Guidance.
The consultation wet out the intentions of the regulations to require landlords of privately rented homes to meet minimum energy efficiency standards from April 2020.
The consultation sought to raise awareness of the standards proposed and the means by which they will be introduced. We also sought views on the accompanying guidance to support the Regulations to ensure that users have sufficient information to begin implementation of the standards required.
The consultation was opened online from 17 June to 13 September 2019. A total of 40 responses were received. The responses have provided constructive views and suggestions to the questions asked on the Regulations and Guidance.
Responses to the consultation have now been published where permission has been obtained to do so. Analysis of the responses has now been completed and you can access the full report through the link below. These responses will inform the development of the associated Guidance.
We sought your views on whether or not the proposed extension of the Power of Direction in Section 57 of the EPA 1990 is:
(A) Necessary to ensure full compliance with EU obligations and:
(B) Appropriate to prevent damage to human health and harm to the environment in circumstances where no other mechanism is available.
The consultation received 10 responses. 7 were from organisations and 3 from individuals.
There was agreement that the extension was necessary from 5 respondees.
Of the remaining 5 respondees, 4 provided comment on the format of the regulations whilst supporting the need for the extension.
The comments received centred around 3 main themes.
The remaining respondee commented on the general need for the extension.
No formal objection to the proposed extension was received.
We responded to the five respondees who made comment on (a) the format of the regulations and (b) the need for them and provided answers to their comments as follows:-
We explained that there is no appeal mechanism in respect of Ministerial powers of direction as the direction may only be used where immediate action is to prevent environmental harm or protect human health. A right of appeal would potentially delay action being taken, thus defeating the purpose of the provision.
We advised that consultation with SEPA would be standard practice, and we would consult with SEPA and the operator to explore whether agreement could be reached without having to use the power of direction, which we see as a last resort. We consider it would not be appropriate to add those steps to the legislation, as this could also potentially delay action being taken, thus defeating the purpose of the provision.
We confirmed that the drafting would work to include authorisations under the Integrated Authorisation Framework, once waste is included in that regime. Further, should that give rise to a need to make consequential amendments, powers are available to make those amendments.
We confirmed that notwithstanding existing EU obligations, Scottish Ministers consider it appropriate and necessary in the interests of protecting human health and the environment, to extend the current power of direction to all operators which accept, keep or dispose of waste.
We have published those responses where consent has been given to publish.
As there were no formal objections, arrangements have been made to lay the draft regulations before the Scottish Parliament.
We consulted on which households should have an enhanced heating regime applied when calculating whether they were in fuel poverty or not. We have now published an analysis of the responses to the consultation and this can be accessed on the Scottish Government website - http://www.gov.scot/ISBN/9781839604461
We are grateful for the responses and the feedback and carefully considered all the suggestions that were made. We have set out our response to the consultation and this can be accessed on the Scottish Government website -http://www.gov.scot/ISBN/9781839604478
The responses have shaped The Fuel Poverty (Enhanced Heating) (Scotland) Regulations which were laid in Parliament on 17 December 2019. The draft regulations can be found at http://www.legislation.gov.uk/
Should we strengthen the protection given wild animals by increasing the maximum penalties available for the most serious wildlife crime offences and extend the time allowed for prosecution of these offences when under summary procedure.
We received a total of 556 responses to the consultation. Responses were received from 523 individuals and 33 organisations.
Almost all (97%) were in favour of increasing the maximum penalties for some wildlife offences, for example the injuring or un-licensed killing or taking of wild animals. Many respondents commented that the current maximum penalties available are too low and that an increased focus on enforcement of penalties would be welcome.
Most respondents (69%) agreed that we should extend the time allowed for prosecution of these offences under summary procedure. Respondents commented that crimes should be followed up regardless of the length of time elapsed since the offence and noted that it can take considerable time to gather evidence and that existing time constraints may be detrimental with regards to obtaining successful prosecutions.
These responses have been fully considered and on 30 September 2019, we introduced the Animals and Wildlife (Penalties, Protections and Powers) Bill into Parliament to effect these changes.
The Bill can be found at;
https://www.parliament.scot/parliamentarybusiness/Bills/112958.aspx
Following the fire at Grenfell Tower in 2017, the Scottish Government Ministerial Working Group (MWG) on Building and Fire Safety commissioned three reviews including the Review of the Fire Safety Regime in Scotland for High Rise Domestic Property. Whilst it concluded there were no gaps in legislation it made Recommendations to strengthen fire safety in high rise domestic properties.
The “Strengthening Fire Safety for High Rise Domestic Buildings” public consultation gathered information and views on the proposed actions from four Recommendations,
The consultation received 70 responses 35 individuals and 35 organisations with an interest in fire safety in high rise domestic.
The majority of respondents supported the fire safety guidance for residents and the content on fire safety prevention and protection. There was clear preference for information to be provided in a leaflet and available on-line. There was emphasis on the information being easy to understand and accessible to a diverse audience. The “Stay Put” advice was valued but the request was to ensure it was clear and consistent and contained some explanation.
Respondents welcomed information and a campaign to encourage people not to leave items in common areas. It was agreed that images that illustrated good and potentially fire risk situation would be helpful.
Respondents supported the single source of Guidance, covering general fire safety and fire risk assessments, aimed at those responsible for fire safety in high rise buildings. There was widespread support for more information on the ‘stay put’ principle. A large minority were unclear on processes and effectiveness of removal of item in common areas.
Respondents expressed some concern around how to ensure the competence of individuals carrying out risk assessments.
We published an analysis of the consultation responses on 04 December 2019. This can be found here:
A new fire safety information leaflet aimed at high rise buildings residents was designed with a strong emphasis on simplicity, clarity and accessibility. It has been delivered to all flats in high rise buildings in Scotland. It is available on the Scottish Fire and Rescue Service (SFRS) website (https://www.firescotland.gov.uk).
A campaign on fire safety in the common areas of high rise domestic buildings is planned for early 2020. The campaign will be delivered through a variety of mediums and will also comprise posters and social media.
These were delivered with key stakeholders in housing and resident organisations. A toolkit with information, posters and on-line resources was developed and provided to support them.
The “Stay Put” information has been checked to ensure it is clear and consistent in the Fire Safety in high Rise Domestic Buildings leaflet and Guidance. It is in line with the most up to date advice from the National Fire Chiefs Council and the Scottish Fire and Rescue Service. This was accompanied by a rationale explaining the concept and resulting advice.
The Guidance for those responsible for fire safety in high rise buildings addresses the competency of risk assessors. All assessors must have the necessary skills and capabilities to undertake the fire safety risk assessment. Where external specialists are used, the Guidance recommends those who are members of UKAS accredited certification schemes or similar professional registration schemes. This offers assurance that an external assessor meets the professional requirements of a recognised scheme.
The Grenfell Tower Inquiry is an independent public inquiry, set up to examine the circumstances leading up to and surrounding the fire at Grenfell Tower on 14 June 2017. The Phase 1 report was published on 30 October 2019. The Scottish Government is studying the findings and assess if there are lessons from which to learn to further strengthen safety in buildings and update guidance accordingly. More information can be found at the website https://www.grenfelltowerinquiry.org.uk/
Associated Documents
“Practical fire safety guidance for existing high rise domestic buildings”- https://www.gov.scot/publications/practical-fire-safety-guidance-existing-high-rise-domestic-buildings/
“Fire safety in high rise domestic buildings: business and regulatory impact assessment” - https://www.gov.scot/publications/business-regulatory-impact-assessment-strengthening-fire-safety-domestic-high-rise-property/
“Fire safety in high rise domestic buildings: equality impact assessment” - https://www.gov.scot/publications/equality-impact-assessment-results-2/
On 03 October 2017, the Scottish Government confirmed its preferred policy position of no support for unconventional oil and gas (UOG) in Scotland, subject to the necessary statutory and other assessments. Any policy decision that has potential for significant environmental effects must be subject to a SEA prior to its finalisation. These requirements are set out in the Environmental Assessment (Scotland) Act 2005. A Strategic Environmental Assessment is a means of considering the likely significant impact of a public plan, programme or strategy on the environment.
As there is potential for significant environmental effects, either as a consequence of industrial activity or as a consequence of not permitting an unconventional oil and gas industry, a SEA was required before the policy is finalised. Similarly, as there is potential for business and regulatory impacts, either as a consequence of industrial activity or as a consequence of not permitting an unconventional oil and gas industry, a BRIA was required before the policy is finalised.
A partial BRIA was produced help to assess the likely costs, benefits and risks of the preferred policy position and views are invited on its contents. The final BRIA builds on the partial BRIA and the consultation analysis.
The responses received to the 2018 consultation on the SEA Environmental Report, partial BRIA, and preferred policy position statement have led the Scottish Government to form the view that it would be helpful to provide some further clarification on a number of points raised in response to the consultation documents, specifically regarding the preferred policy position and its objectives. We are also taking the opportunity to update our position on the reasonable alternatives to the preferred policy position which were considered as part of the SEA process.
Responses to the addendum will be considered in detail prior to any policy position being adopted. When providing views to this consultation, there is no need to restate views already covered in the 2018 consultation, or as part of the 2017 Talking “Fracking” public consultation, as these have been, and will continue to be, taken into account as the Scottish Government finalises its policy position on unconventional oil and gas.
Altogether, 98 responses were received to this consultation. These responses have been independently analysed.
The consultation ran for eight weeks, with responses accepted until 25 June 2019. Following the consultation closure, the responses were independently analysed.
On 03 October 2019, the Scottish Government confirmed its final policy position of no support for unconventional oil and gas (UOG). The responses to this consultation, along with the 2017 Talking “Fracking” consultation and 2018 consultation on statutory and other assessments, were considered in detail by Ministers prior to the finalisation of this policy.
We sought your views in advance of the next reporting cycle of Children’s Services Plans (April 2020-March 2023) as to whether the content, scope and format of the statutory guidance was still helpful and fit for purpose or whether it should be modified, amended or improved to further enhance and build on the support available.
You provided us with 45 responses to our consultation questions. These included responses from individuals, third sector organisations, local government, public bodies, trades unions and health boards.
From analysis of the responses received, it was clear that there was a strong shared commitment from everyone involved to work collaboratively on a multi-agency basis, to improve outcomes and ensure all our children and young people achieve their full potential.
The existing guidance was viewed as helpful, flexible and, in the main, fit for purpose. There were a number of areas where it was felt that some minor changes were required which would enhance the current provision. These included ensuring that it better reflects the evolving planning and policy landscape; is easy to access and understand; and emphasises the value of genuine inclusive multi-agency collaborative working to support the effectiveness and efficiency of plan production and delivery.
We were grateful for all of the responses and the feedback and carefully considered all the suggestions that were made. We published an analysis of the responses to the consultation on 17 September 2019 and this can be accessed on the Scottish Government website.
We set out our response to the consultation on 1 October 2019, and this can be accessed on the Scottish Government website.
We published a revised Second edition of the statutory guidance on 13 January 2020 and this can be accessed on the Scottish Government website.
This revised guidance
We published the Scottish Government national online consultation on fireworks: Your experiences, your ideas, your views, at the beginning of February. In addition to the online consultation, 29 events were held across Scotland and a range of social media platforms were used to seek people's views.
We sought your views on:
The consultation closed on 13 May, having received a total of 16,420 responses. Over 7,000 responses were received in the first 24 hours of the consultation launch.
The results of the consultation demonstrate strong support for a change in how fireworks are sold.
Key findings included:
• 70% of respondents reported that they had been affected by fireworks used in an irresponsible or unsafe way.
• 94% of respondents thought there should be more controls over the sale of fireworks.
• 87% of respondents would welcome a ban on the sale of fireworks to the public in Scotland.
• 92% of respondents thought there should be more controls over how fireworks can be used in Scotland.
• 93% of respondents thought there should be more controls to make sure animals are not caused unnecessary suffering because of the use of fireworks.
Many respondents went on to make further comments, ranging from 10,940 comments from those who had been directly affected by the use of fireworks to 14,290 from those looking for more controls on sales of fireworks to the public.
On 4 October 2019, we published:
The Scottish Government is committed to driving forward action to reduce the negative impact of firework use and to ensure that fireworks are used safely and appropriately.
Following further discussions with stakeholders on the consultation findings, the Minister for Community Safety launched the Fireworks Action Plan: Promoting the safe and appropriate use of fireworks in Scotland in a Statement to Parliament on 29th October 2019. The Action Plan sets out activities that will be taken forward immediately, as well as longer term actions that will collectively support a change in how fireworks are used in Scotland. This includes establishing a Firework Review Group to develop clear recommendations for tightening regulations on where and when fireworks can be used in Scotland.
Should Changing Places Toilets (larger sanitary accommodation for people with more complex care needs) be provided in certain large new non-domestic buildings through the Scottish building standards system.
We received a total of 1112 responses to the consultation. Responses were received from 1040 individuals and 72 organisations.
You were overwhelmingly supportive of the requirement for Changing Places Toilets in large new non domestic buildings. You provided many examples of the positive impact these facilities have of the lives of people with complex care needs, their family, friends and carers. You offered a number of suggestions on further situations where these facilities could be provided.
We have published the responses to the consultation and an analysis report summarising your responses.
In consideration of your responses, we have amended consultation proposals. We have now published the 2019 Non-domestic Technical Handbook which introduces a new clause under standard 3.12 (sanitary facilites). This sets out where a Changing Places Toilet should be provided as part of new buildings or new building work. This provision applies from 1 October 2019.
We published the Scottish Government consultation ‘Equally Safe: A consultation on legislation to improve forensic medical services for victims of rape and sexual assault’ for 12 weeks, between 15 February and 8 May 2019.
We asked for views on introducing direct statutory functions on NHS boards to provide forensic medical services and healthcare support to all victims, including those who have chosen not to report the crime to police, or are undecided, but wish to undergo examination and access support (known as “self-referral”).
We specifically asked for views on:
We received 53 responses from 18 individuals and 35 organisations. These included 17 third sector organisations with 10 representing specific groups and 7 focused on victim support. The responses also included 9 from health organisations (including seven health boards), 5 from organisations providing a justice perspective and 2 from local authorities.
There was broad support for proposals. Some of the key findings from the consultation include:
Key themes included the value of a statutory duty, the importance of
self-referral routes and the positive impact of embedding trauma-informed care and adopting a health-focused approach to Forensic Medical Services for victims of rape and sexual assault, or child sexual abuse. Views expressed on how a legislative framework should operate were consistent in the case of police and self-referral. Respondents highlighted the importance of consent, clear information and communication - including with regards the storage, transfer and deletion of data. The importance of ensuring consistency with existing guidelines victims’ needs was also identified
The Analysis Report also draws on discussions at a consultation workshop hosted by the Scottish Government on 26 March 2019. This invited representatives from Police Scotland, the Scottish Police Authority (SPA), the Crown Office and Procurator Fiscal Service (COPFS), NHS Scotland and Rape Crisis Scotland to explore the development of a consistent national model for self-referral. While there was broad support for proposals there was some divergence regarding a retention period for samples.
We have already published those responses where consent was given to do so alongside the consultation paper o the consultation hub: https://consult.gov.scot/equally-safe/equally-safe-improve-forensic-medical-services/consultation/published_select_respondent.
We commissioned independent analysis of the consultation responses from the Lines Between Ltd. We published the analysis report of responses on the Scottish Government website on 29 August: http://www.gov.scot/ISBN/9781839600647.
Subject to the will of Parliament, Scottish Government announced its intention to legislate in this area in the current parliamentary year in the Programme for Government 2019-20. The Scottish Government will continue to engage with stakeholders to shape the legislation and reach consensus on areas of policy divergence.
Scottish Crown Estate rural assets include 37,000 hectares (around 91,000 acres) of land in rural Scotland. The vast majority is let for a variety of uses including farming, residential, commercial, sporting and mineral operations. Forestry assets on these estates are managed directly by us rather than being let.
It also includes salmon fishing rights on many Scottish rivers and the rights to naturally-occurring gold and silver across much of Scotland.
Crown Estate Scotland put forward a number of key considerations related to the overall long-term objectives of managing the rural assets and asked to hear your views on how we should actively manage these assets to drive inclusive sustainable development.
The consultation was open online from 15 February to 26 April 2019. In total 33 responses were submitted online, from 9 individuals and 24 organisations. The responses provided constructive answers and suggestions to the 30 questions asked in the consultation document. In addition, some verbal feedback was gathered at community events.
Respondents said they wanted to see a real difference between land managed on a purely commercial basis and land managed by Crown Estate Scotland. The responses supported a collaborative management approach, with Crown Estate Scotland improving access to information, increasing transparency in decision-making and conducting early and meaningful engagement with affected parties.
The responses strongly supported provision for biodiversity improvement throughout the rural assets and a desire to see Crown Estate Scotland take an ambitious approach to the natural environment to achieve this.
On this page, you can find the published non-confidential responses to the consultation and an analysis of the consultation responses.
We will use your feedback to inform the content of the Rural Assets Strategy. Responses will also be used to develop the Crown Estate Scotland Corporate Plan 2020-2023, which will be consulted on in autumn 2019. We will publicise the opportunity to engage with us on our Corporate Plan development widely, but if you would like to be notified via email when this consultation opens please let us know by getting in touch with us at corporate@crownestatescotland.com.
We asked for views on implementing recommendations from the Homelessness and Rough Sleeping Action Group (HARSAG) to commence the Local Connection and Intentionality provisions in the Homelessness etc. (Scotland) Act 2003.
Local connection
Local connection is defined in the Housing (Scotland) Act 1987 as a connection which a person has with an area because:
Local authorities currently have the power under the Act to refer homeless households who do not have a local connection with them to another local authority where they do have such a connection. We invited views on our plans to commence the provision in the Homelessness etc. (Scotland) Act 2003 which allows Scottish Ministers to modify referrals relating to local connection and our intention to implement the proposal from HARSAG to suspend referrals in Scotland.
Intentionality
The Housing (Scotland) Act 1987 currently places a duty on local authorities to investigate whether a person applying to them for accommodation became homeless or threatened with homelessness intentionally. We asked for views on our intention to commence the provision in the Homelessness etc. (Scotland) Act 2003 to give local authorities discretion, rather than the current duty, to investigate intentionality.
We also invited views on HARSAG’s recommendation to narrow the definition of intentionality to focus on instances of applicants ‘deliberately manipulating’ the homelessness system.
We received 72 responses to the consultation from a range of individuals, local authorities, third sector organisations and others.
Local connection
The highest level of support (46%) was for suspending local connection referrals across all local authorities in Scotland. 26% supported modifying local connection referrals in another way and 18% supported not commencing the provisions. A further 10% did not respond to this question.
Two key themes emerged in responses. The first, from those favouring suspension, was support for people experiencing homelessness to be able to choose where they wish to settle. This was seen as offering choice to people experiencing homelessness, removing unnecessary barriers to finding permanent accommodation and ensuring that homelessness services can be delivered at the point of need.
The second key theme, from those not favouring suspension, was concern over the potential increase to the numbers of referrals in areas that do not have the resources to meet needs. Various different types of local authority were cited, including major cities such as Glasgow or Edinburgh, urban areas or rural and island and highland areas.
Intentionality
The highest level of support (50%) was for removing the duty and giving local authorities the discretion to assess households for intentionality. 33% supported not removing the duty and a further 17% did not respond to this question.
The main theme cited in support of removing the duty was that being labelled as intentionally homeless is often unfair and does not reflect the true picture of individuals’ circumstances. It was felt by many that the removal of the duty in favour of discretion would benefit vulnerable people in particular so that they can get the help and support they need.
For those in favour of not removing the duty, a number of potential issues were cited. These included: the potential for a lack of consistency of approach if the duty was reduced to a power, both at local authority level and between local authorities; concerns that people could manipulate the system; and the potential that individuals might no longer see the need to take personal responsibility to retain their accommodation (e.g. not paying rent).
It is our intention to commence the Local Connection and Intentionality provisions in the Homelessness etc. (Scotland) Act 2003 in November 2019, after further discussions with COSLA, local authorities and others around issues raised in the consultation. For Intentionality, the provisions would come into force immediately but for Local Connection a process would begin for the Scottish Government to consult on and issue a Ministerial Statement within 12 months of commencement on how these new powers are to be used. Subject to the outcome, this would be followed by a further Scottish Statutory Instrument laid in the Scottish Parliament to implement the changes.
We will carefully consider the views expressed on narrowing the definition of intentionality to focus on instances of applicants ‘deliberately manipulating’ the homelessness system. As stated in the consultation paper, there are currently no provisions in the legislation for the definition to be changed but the responses to the consultation will be very helpful as we consider the options for taking this work forward.
We will monitor the impact of the changes on individuals experiencing homelessness, local authorities and third sector providers using evidence from current data collections, and we will publish this data regularly. We will also set out plans for further engagement and possible research to help more fully understand the impact of the changes.
We have published the responses that gave permission and an analysis of the consultation responses can be found here.
We have published non-confidential responses to the consultation and an analysis of the consultation responses (links below). We will build on the significant achievements of the past decade and we will use your feedback to develop the Programme for launch later in 2019.
We asked for views on potential improvements to the statutory charity regulation framework in Scotland, in light of proposals put forward by the Scottish Charity Regulator (OSCR) and the passage of time since the 2005 Act.
The proposals broadly focussed on improvements to charity law that would increase transparency and accountability in order to maintain public trust and confidence in charities and OSCR.
We received 307 responses to the consultation from a range of individuals, charitable organisations and others with an interest in charity law.
The majority of respondents supported the proposals in the consultation, however the analysis report makes clear that more policy development work and stakeholder engagement is required before we could bring forward any legislative changes.
Further formal consultation is also required with the Information Commissioner’s Office, as a number of the proposals impact on data protection.
We have published the responses that gave permission and an analysis of the consultation responses.
We will fully consider all the points raised, including engaging with those who called for wider changes to the regulation. Collaborative work with the third sector and other key stakeholders will continue as we develop and refine the proposals.
We will also work with OSCR to establish a working group to address outstanding issues with The Scottish Charitable Incorporated Organisations (Removal from the Register and Dissolution) Regulations 2011. We will look to bring forward amendment regulations in this session to preserve public trust in the SCIO model.