We Asked, You Said, We Did

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

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. 

We Asked

Your views on draft regulations that transfer the Additional Support Needs Tribunals for Scotland to the Scottish Tribunals 

You Said

We received 15 responses from individuals and organisations. The majority of respondents were content with the provisions. The main concerns 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. 

We Asked

For your views on proposals to transpose, for private water supplies, Directive (EU) 2015/1787 (the Amending Directive), which makes some changes to Directive 98/83/EC (the Drinking Water Directive), by means of a new set of regulations for private supplies subject to the Directive (previously known as “Type A” supplies) replacing the Private Water Supplies (Scotland) Regulations 2006.

You Said

You broadly supported transposing the Amending Directive through the draft Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2107, but a significant number of respondents to the consultation thought that the additional responsibilities placed on private water suppliers by the draft regulations and the amount of information to be included in the register of private supplies were too onerous, and the new way of defining the relevant persons in relation to private supplies was unnecessarily complicated.

We Did

In addition to some further modifications to the draft regulations informed by the consultation responses, we removed the additional responsibilities on private water suppliers, reduced the amount of information to be recorded in the register and simplified the definition of relevant person in the revised regulations, which were laid before Parliament on 7 September 2017.

We Asked

Part one

For your views on proposals to improve the energy efficiency of the least efficient privately rented properties in Scotland, to ensure that tenants have access to homes that are warmer and cheaper to heat.

Part two

For your views on proposals to make changes to the Repairing Standard (the minimum standard for private rented housing), and whether it should be extended to apply to other kinds of lets. We also asked for views on timing, costs and existing enforcement routes.

You Said

We received 198 responses to both parts of the consultation.

The responses to Part 1 noted the need for a lead in time, appropriate support and assistance, appropriate assessment mechanisms and robust enforcement for minimum energy efficiency standards.

The responses to Part 2 supported many of the proposed changes, were opposed to others and expressed mixed views on some. Responses recognised the cost implications, and emphasised the need for a reasonable lead-in time. They also felt the current enforcement routes via the housing tribunal would be appropriate.

We Did

Part one

We published an analysis of the responses on 14 November 2017. 

http://www.gov.scot/Publications/2017/11/6863

The Scottish Government has committed to introducing standards in the private rented sector to improve the energy efficiency of the least efficient properties. We  will continue to refine the proposals taking account of the consultation responses. We will confirm the standards, including an appropriate lead in time, as part of the routemap for Scotland’s Energy Efficiency Programme, which will be announced in 2018.

Part two

We are committed to ensuring that every private tenant is able to live in a safe and good quality home.  Informed by your consultation responses, we intend to lay draft regulations to this end in Parliament in 2018.  The changes will include provisions for: the tolerable standard being included in the repairing standard; a minimum standard for safe kitchens; a fixed heating system; lead free pipes (and where it is not possible to establish if lead pipes are present - water quality testing); safe access and use of common facilities including secure common doors; residual current devices; risk assessment of private water supplies and annual water quality testing; capacity for a fridge/freezer and safety of heating systems using other fuels. We will also provide clarity on whether holiday lets (or certain types of holiday lets) are subject to the repairing standard. A lead in time of at least five years will be proposed for any changes to the repairing standard, along with the use of existing enforcement routes for the proposed new measures.

At this time, we do not intend taking forward proposals for thermostatic mixing valves. Other proposals around asbestos surveys, the provision of cookers, fridges and freezers, sound insulation and food storage space are being considered further. Changes to the repairing standard will not be explicitly linked to wider government milestones on climate change.

A decision has not yet been taken on extending the repairing standard to agricultural tenancies, rented crofts and small holdings. Further considerations will take place on this matter, and will be informed by findings from the Agricultural Housing Condition Surveys.

 

We Asked

The consultation on Scotland’s Energy Efficiency Programme (SEEP) set out the long term vision for Scotland’s building stock and looked at different options for programme and policy design to deliver that vision.

The consultation asked 27 questions and covered a range of issues including:

- the vision, aims and objectives of SEEP

- the role of regulation, standards and financial incentives

- appropriate levels and sources of funding

- the provision of advice, information and consumer protection

- how to establish and sustain local supply chains and trusted delivery agents

- the balance of local and national responsibilities, and programme delivery

You Said

We received 104 responses from individuals and organisations.  Respondents commented on what currently works and current issues with existing programmes, as well as offering views on the proposed aims and objectives of SEEP and on:

- the role of regulation, standards and financial incentives

- appropriate levels and sources of funding

- the provision of advice, information and consumer protection

- how to establish and sustain local supply chains and trusted delivery agents

- the balance of local and national responsibilities, and programme delivery

We Did

The findings from this analysis will be used to inform policy decisions on the overall design and operation of SEEP.  As confirmed in the Programme for Government we will publish a Route Map for Scotland's Energy Efficiency Programme in 2018 setting out the long-term aims of the programme and the steps we will take to realise those aims. 

We Asked

We asked you to give your views and experiences of the collaborative economy in Scotland.

You Said

The call for evidence received a total of 52 written submissions. Of these, 41 were submitted by group respondents and 11 by individual members of the public. This has given us the different views and experiences from consumers, businesses, business representative bodies, public sector and other organisations.

We Did

Responses from the call for evidence have now been published along with an analysis report of all the submissions. The Scottish Expert Advisory Panel on the Collaborative Economy has used this evidence to aide discussions at evidence sessions throughout the year and will help to form recommendations that will be put to ministers at the end of the year.

We Asked

We asked you to give us your views about the draft guidance on improving outcomes for children and young people from travelling cultures.

You Said

31 responses were received, giving us detailed feedback on all sections of the guidance document.

We Did

We have now published those consultation responses and an analysis report covering the key points raised.  We will now consider the content of all responses received and amend the draft guidance where appropriate. We will aim to ensure that the final guidance meets the needs of those supporting the education of Traveller children and young people in Scotland’s schools and communities. 

We Asked

We asked for your views on the draft Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017.

You Said

Thirteen responses were received, which were generally supportive of the Government's proposals.

We Did

All consultation responses have been published, along with a brief summary of key points raised.  The Scottish Government have taken into account consultees' views and no changes have been made to these regulations.  The regulations will be laid as drafted in the Scottish Parliament on 30th May 2017.

We Asked

We asked you to give us your views about the draft guidance on supporting children and young people with healthcare needs in schools in Scotland.

You Said

81 responses were received, giving us detailed feedback on all sections of the guidance document.

We Did

We have now published those consultation responses and an analysis report covering the key points raised.  We will now consider the content of all responses received, and liaise further with key stakeholders, to ensure the finalised guidance meets the needs of those responsible for delivering healthcare services in schools.

We Asked

For your views on a single set of operational draft rules to apply across all jurisdictions in an expanded Housing and Property Chamber - from December 2017. This is intended to streamline existing procedures and provide consistency of approach.  We also asked for views on the provision of publicly-funded legal assistance in certain circumstances

You Said

There was broad support for the draft 2017 regulations but mixed views on the types of cases that should receive publicly-funded legal assistance.  However the majority of respondents agreed with some form of public-funded legal assistance being available across the range of tenancy-related applications where a tenant is at risk of repossession or a landlord or agent lose their livelihood.

We Did

The responses helped us to revise the 2017 draft regulations to deliver benefits of specialism, consistency, and improved access to justice for both tenants and landlords in the private rented sector.  Similarly, we will take account the views on publicly–funded legal assistance in forming future policy on legal representation in the Housing Property Chamber.          
 

We Asked

For views on ways to increase numbers of successful organ and tissue donations, including proposals to introduce a soft opt out system of organ and tissue donation.

You Said

The responses to the consultation suggest that there is significant support for organ and tissue donation in Scotland, including the introduction of further measures which aim to increase donation.  The responses show significant support for the introduction of a soft opt out system, and the system as set out in the consultation.

We Did

We intend to introduce legislation for a soft opt out system of organ and tissue donation as well as taking forward other measures to increase organ and tissue donation.

We Asked

If draft regulations to implement the two Universal Credit flexibilities of managed payment to landlords and more frequent payments, met the policy intent.

You Said

100 responses were received, the majority were supportive of the draft regulations meeting their policy intent.

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/2017/06/7250.  The Scottish Government have taken into account consultees’ views and have made some changes to the regulations, these are set out in the Governments response to the consultation which can be found here: http://www.gov.scot/Publications/2017/06/8512.

We Asked

We asked for your views on the Scottish Government's proposals for transposing the Medium Combustion Plant Directive.

You Said

17 responses were received, which were generally supportive of the Government's proposals.

We Did

All consultation responses have been published, along with a brief summary of key points raised.  The Scottish Government and SEPA will take into account consultees' views during development of the transposing regulations and guidance.  Transposition is required to be completed by 19 December 2017.

We Asked

For your views on proposals to raise the planning fees maxima.

You Said

A total of 124 responses were received.  96 of these were from group resppondents and the remaining 28 from individuals.

We Did

THe Scottish Government published an analysis of the responses to the consultation on 25 April 2017.  The responses recieved will help shape the Scottish Government's plans for planning fees.

We Asked

For your views on the draft National Health and Social Care Standards.

You Said

We received 499 responses that reflected substantial cross-sector support for the draft Standards.

The main themes from the consultation included:

  • The Standards appear to be aspirational rather than achievable in places and some of the language is vague and ambiguous and could be refined.
  • The Standards will need to be implemented in a meaningful and systematic way to ensure effectiveness.
  • The Standards could be shorter and more streamlined.

We Did

The Scottish Government published the full consultation analysis 28 April 2017 and the final Standards were published 9 June 2017.

Changes were made to the draft Standards following comments received in the consultation. These changes included:

  • Making the Standards shorter and more streamlined.
  • Making each Standard less specific to certain areas (such as restricted care and early years care).
  • Making the language clearer and more suitable for people experiencing health and social care.

The Scottish Government is now working with stakeholders to ensure an effective implementation of the Standards.

We Asked

Do you agree with this amendment to increase the higher age limit for persons eligible for continuing care from eighteen to nineteen years of age, from 1 April 2017.  This is part of the agreed annual roll out strategy to ensure the initial cohort of young people (born after 1 April 1999) remain eligible until the duty to provide continuing care extends from 16 to 21 years of age.

You Said

We received 13 responses including from COSLA, local authorities, the Care Inspectorate, the third sector and individuals.  All respondents agreed with provisions in the Draft Order.

A few respondents commented on the early implementation phase of Continuing Care relating to communications, practice understanding of the policy and resourcing.  We have offered a response to these concerns in the analysis report which can be accessed here: http://www.gov.scot/Publications/2017/04/8156

We Did

No adjustments have been made to the drafting of this Order as a result of the responses but a couple of minor technical legal edits were made as a result of the styling process.  This was to clarify that the instrument also revokes the Continuing Care (Scotland) Amendment Order 2016 (S.S.I. 2016/92) which set the higher age limit at eighteen. 

The Draft Order was laid in the Scottish Parliament on 27 January for scrutiny and was approved by the Chamber on 2 March.  This Order will come into force on 1 April 2017.

We Asked


Should building warrant and associated fees be increased to make the Scottish Building Standards system achieve full cost recovery?
 

You Said

The fees should be increased

We Did

Increase the fees set out in the Building (Fees) (Scotland) Regulations 2004

We Asked

We asked for your views on

  • The six prescribed notices to be used by tenants and landlords under the new tenancy;
  • The Scottish Government’s proposed Recommended Model Tenancy Agreement;
  • The option of serving documents electronically, if a tenant and landlord agree this as the preferred method of communications; and
  • Which terms should be ‘statutory terms’ (applicable to all private residential tenancies).

You Said

  • We received 70 responses and the majority of you thought that the Recommended Model Tenancy Agreement and six prescribed notices are fit for purpose.   
  • The majority of you also thought that the Model tenancy Agreement and 5 of the 6 prescribed notices are easy to understand.   
  • On the remaining notice, the ‘Landlords notification to a tenant of a rent increase under Section 22’, you highlighted that the rent pressure zone section was not as clear as it might be.
  • A substantial majority of respondents said they thought a landlord and tenant should have the option of serving documents electronically to the electronic mail address provided by the relevant party, provided they had both previously agreed in writing to this.
  • Views were also received on the statutory terms for all private residential tenancies, many of which were already covered in the MTA.

We Did

An analysis report has been published as well as 65 of the 70 responses where permission was given to publish.  We have used your responses to further develop the Model Tenancy Agreement and prescribed notices to ensure they are fit for purpose and we are currently considering the statutory terms.

We Asked

We consulted on a draft Trafficking and Exploitation Strategy

You Said

The report on the consultation responses is now available.

We Did

The consultation responses have been used to update the draft Strategy.  The final version will be published by the end of May 2017

We Asked

Your views on draft regulations that:

  1. Transfer the functions and members of the Scottish Tax Tribunals to the Scottish Tribunals.
  2. Set out the Rules of Procedure for the First-tier Tribunal for Scotland Tax Chamber
  3. Establish the Composition of the Scottish Tribunals when hearing cases and appeals in or from the First-tier Tax Chamber.

You Said

We received 3 responses from organisations. The majority of respondents were content with the provisions.

The main concerns have been addressed in the analysis of consultation responses document.

We Did

We have amended the draft regulations to take on board a concern raised by a number of respondents around the judiciary eligible to sit. We have therefore limited the judiciary eligible to hear appeals or referrals from the First-tier Tax Chamber in the Upper Tribunal to Court of Session judges.

We Asked

The Fetlar to Haroldswick MPA was designated in 2014.  However the description of the site boundary In the designation order did not reflect what is portrayed on maps.  In other words, attempting to draw the site boundary from the description in the designation order would not have created it.

The Marine (Scotland) Act 2010 requires consultation to take place on any proposal to designate a Marine Protected Area (MPA).  In this case this was a technical exercise because the MPA already had effect.

Consultation was undertaken on the proposal using the Citizen Space platform between 22 August and 16 October 2016.  The consultation page served as notice of Scottish Ministers intention to re-designate the site.  Those pages can be found here:

https://consult.scotland.gov.uk/marine-conservation/fetlarharoldswickdo

You Said

A total of 3 responses were received.

All agreed that the new definitions of the site boundaries appeared to be correct.

We Did

The MPA has been re-designated by Scottish Ministers, with effect from 18 November 2016.  The new designation order can be found at the following page:

http://www.gov.scot/Topics/marine/marine-environment/mpanetwork/developing/DesignationOrders/FTHDOrder

We Asked

The Small Isles MPA was designated in 2014.  However the description of the site boundary In the designation order did not reflect what is portrayed on maps.  In other words, attempting to draw the site boundary from the description in the designation order would not have created it.

The Marine (Scotland) Act 2010 requires consultation to take place on any proposal to designate a Marine Protected Area (MPA).  In this case this was a technical exercise because the MPAs already had effect.

Consultation was undertaken on the proposal using the Citizen Space platform between 22 August and 16 October 2016.  The consultation page served as notice of Scottish Ministers intention to re-designate the site.  Those pages can be found here:

https://consult.scotland.gov.uk/marine-conservation/smallislesdoconsultation2016

 

You Said

A total of 2 responses were received.

Both agreed that the new definitions of the site boundaries appeared to be correct.

We Did

The MPA has been re-designated by Scottish Ministers, with effect from 18 November 2016.  The new designation order can be found at the following page:

http://www.gov.scot/Topics/marine/marine-environment/mpanetwork/developing/DesignationOrders/SMIDOrder

We Asked

Your views on whether unmeasured water and sewerage charges should be calculated by reference to the most recent rateable value and whether transition arrangements should apply.

You Said

57 responses were received.

There was broad agreement with the proposals.

We Did

From 1 April 2018, current Rateable Values will be used to calculate unmeasured water and sewerage charges.  A 2 year transition period has been agreed.

We Asked

In light of scientific evidence that suggests electrofishing is a relatively benign way of harvesting razor clams when compared to other methods (e.g. dredging), we sought views about whether electrofishing should in future be a permitted method of catching razor clams in Scotland.

You Said

The consultation generated a diversity of views, with opinions spanning the spectrum from positive to impartial to negative.

We Did

On 03 April 2017 we announced that the Scottish Government will authorise a controlled scientific trial of electrofishing for razor clams.  A trial provides an opportunity to address matters raised in the consultation and investigate the viability of a sustainable razor clam electrofishery.

We Asked

We consulted on proposed amendments to the Road Works (Qualifications of Supervisors and Operatives)(Scotland) Regulations 1992.

You Said

We received 33 responses to our consultation from Local Authorities, Utility Companies, Training Centres and individuals.  The majority of the respondents were in favour of our proposed changes.

We Did

All of the proposed changes are informing the new SSI - The Road Works (Qualifications of Operatives and Supervisors)(Scotland) Regulations 2017 which will be published later in 2017.