We Asked, You Said, We Did

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

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

Main themese and issues

You Said

Summary from Research Fingings Paper  (maybe expand further)

We Did

note changes, amendments, actions to be completed etc

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

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

For your views on the Scottish Government's proposals for a Child Poverty Bill.

You Said

A total of 116 responses were received. 30 of these were from individuals, and the remaining 86 for stakeholder organisations.

We Did

The Scottish Government published analysis of the responses to the consultation on Wednesday 21 December 2016. The responses received will help to shape the Scottish Government's proposals for a Child Poverty Bill.

We Asked

Your views on proposals to establish the interim body to manage the Crown Estate assets in Scotland post-devolution.

You Said

We received 40 responses from individuals and organisations. A range of constructive comments and informative feedback was submitted by consultation respondents.

We Did

A consultation report has been published on the Scottish Government website.

We Asked

We asked for your views on the current Scottish Social Housing Charter so that a new Charter can be introduced from 1st April 2017.  The Charter sets the outcomes and standards that all social landlords should be achieving for their tenants and other customers through their housing activities.

We asked you about the impact of the current Charter, the current standards and outcomes and whether you thought anything should be added to the Charter.

You Said

106 responses were received. 73 from organisations and 33 from individuals. Views on the current Charter were generally positive with the majority of respondents in favour of keeping the current outcomes and standards unchanged.

We Did

We have published the analysis of responses. This along with the views expressed at 12 stakeholder events held across the country, evidence paper from the Scottish Housing Regulator on landlord performance against the Charter, an "Involving All" consultation that focussed on tenants who might normally be excluded or find it diffcult to get involved carried out by the Tenant Participation Advisory Service and Tenant Information Service will help inform the changes that we will make.

http://www.gov.scot/Publications/2016/11/1336

 

We Asked

We asked for views on six draft Strategic Police Priorities.

You Said

Amongst other issues, one of the main themes from consultation responses was the need for the Priorities to fully recognise that communities can exist on a non-geographical basis.

We Did

Alongside other amendments to the Priorities in the consultation paper, we have added another Priority on 'Inclusion' in the final version.

We Asked

Your views on the decisions in relation to implementing the exemption for EIIs as a consequence of the UK Government’s proposals, as they relate to the RO Scotland.

You Said

We received 20 responses from EIIs, trade associations, energy suppliers, consumer groups and one individual.  Ten responses were supportive of the proposal to implement a proposed exemption scheme, while 5 opposed. Should UK Government implement their proposed scheme, 13 responses argued that Scottish Government should implement uniformly.

We Did

With consideration to the informative feedback from consultation respondents we will publish a Scottish Government response in due course.

We Asked

for your views on draft regulations relating to asset transfer under the Community Empowerment Act.  The regulations cover procedures for making and responding to requests, for review or appeal of decisions, and on registers of land. 

You Said

We received 82 responses, of which 55 were from relevant authorities, and 16 were from organisations representing communities, or third sector organisations providing support to community bodies.  The majority of responses agreed with the proposed procedures.  Many comments addressed wider issues about asset transfer.  An analysis of the responses has now been published on the Scottish Government website.

We Did

Two substantial changes have been made to the regulations:

  • Notices publicising asset transfer requests are to be “displayed in a public place in the vicinity of the land to which the request relates”, following concerns raised about the requirement to place a notice on the land, for remote sites.
  • Ministers will be required to appoint a panel of 3 people to consider appeals where no contract has been concluded.

A number of minor changes have also been made to clarify requirements and ensure consistency, and other issues and questions raised have been addressed in the guidance.

The draft final guidance is now available at http://www.gov.scot/Topics/People/engage/AssetTransfer

We Asked

Your views on secondary legislation on the Community Right to Buy Abandoned, Neglected and Detrimental Land.  The regulations covered:

 

You Said

We received 51 responses to the consultation and the majority of respondants were broadly happy with our proposals.  Most had some comments on the practical details of the implementation of the regulations.


The main concerns were addressed in the analysis of consultation responses document

We Did

We will draft regulations and give stakeholders the opportunity for further comments in a series of engagement events during the summer of 2017.

We Asked

for your views regarding our draft guidance and regulation for Part 2 Community Planning in the Community Empowerment (Scotland) Act 2015.  This consultation explored views regarding the principles of effective community planning, the review and reporting of plans and the criteria and population basis for locality planning. 

You Said

a total of 92 responses were received, 5 from individuals and 87 from organisations.  There was a high level of support for and broad agreement with the principles and timing of reports as outlined in the guidance. We received wide ranging and lengthy comments regarding the criteria and population basis for regulation with a majority welcoming the flexibility afforded by this.    

We Did

No substantial changes to the regulation regarding locality planning.  Reflecting comments recieved the Community Planning Guidance has been reviewed to provide greater emphasis to: Community Participation; Tackling Inequalities and Shared Leadership. 

We have published: an analysis of consulation responses regarding the draft guidance and regulation; the finalised regulation which describes the localities into which CPPs must divide local authority areas for the purpose of carrying out locality planning; community planning guidance as described above, and; a plain English guide to help people and communities understand what community planning is all about.  

We Asked

The minimum age of criminal responsibility is currently 8 in Scotland and we asked for views on whether this should be raised 12.

The consultation questions also addressed both the principle of change and the key implications in relation to care and protection, risk, police powers, disclosure and the role of the Children's Hearings System

 

You Said

A total of 74 responses were received.

95% agreed the minimum age of criminal responsibility should be raised to 12.

We Did

Mark McDonald MSP, Minister for Childcare and Early Years, announced that a Bill in this session would be introduced to raise the age of criminal responsibility from eight years to 12

 

We published, on the 1 December 2016, the analysis of the consultation responses and engagement withchildren and young people.  The report can be found here:

http://www.gov.scot/Resource/0051/00510795.pdf

 

 

We Asked

For your views and comments on a draft Fire and Rescue Framework for Scotland 2016, which is a statutory document (under the Fire (Scotland) Act 2005 as amended by the Police and Fire Reform (Scotland) Act 2012), outlining Scottish Ministers’ expectations of, and setting 10 key strategic priorities for, the Scottish Fire and Rescue Service (SFRS) over the next few years.

You Said

We received 38 responses, the majority of which were broadly supportive of the 10 key strategic priorities and the text of the document.  A range of constructive comments were submitted on both the strategic priorities and the text of the Framework.

We Did

A consultation analysis report has been published on the Scottish Government website. Having considered all the views expressed in the consultation responses, we made a number of amendments to the Fire and Rescue Framework for Scotland 2016, which was published on the Scottish Government website on 1 September.  The Scottish Fire and Rescue Service (Framework) Order 2016 was laid in Parliament on 5 September and will bring the Framework into effect from 4 October 2016.

The amendments include a revision to the section on Unwanted Fire Alarm Signals (UFAS) to take on board concerns expressed around the detailed nature of the priority, as well as additional narrative to strengthen the section on SFRS’s duties under the Community Empowerment (Scotland) Act 2015, and new sections covering its role as a corporate parent under the Children and Young People (Scotland) Act 2014 and a community justice partner under the Community Justice (Scotland) Act 2016.

We Asked

The Scottish Government asked for views on its plans for a tax to replace Air Passenger Duty (APD) in Scotland from 1 April 2018, which will help boost Scotland's international connectivity and generate sustainable growth.  This included the opportunity to comment on the initial findings and proposed scope and methodology of the Strategic Environmental Assessment (SEA) that is being undertaken.

You Said

In total:


• 160 responses (76 from organisations, 84 from individuals) were received to the policy consultation 'A consultation on a Scottish replacement to Air Passenger Duty';
• 41 responses (16 from organisations, 25 from individuals) were received to the SEA consultation 'A Scottish replacement to Air Passenger Duty: Strategic Environmental Assessment Screening and Scoping Report'.

We Did

The Scottish Government published separate analyses of responses to each consultation on Friday 29 July 2016.  The responses received will help inform the development of the Scottish Government's legislative proposals for a tax to replace APD in Scotland from 1 April 2018. 

We Asked

For views in a consultation on a range of proposals aimed at improving the sustainability and management of Scotland’s key shellfish stocks.

You Said

There were 119 respondents to the consultation, consisting of 93 private individuals and 26 organisations. A range of constructive comments were provided by respondents, which have been analysed in the outcome report.

 

We Did

As a result of the consultation process, new management measures will be introduced into the crab and lobster fisheries as outlined in the outcome report.

We Asked

For your views on Guidance that the Keeper proposed to issue to public authorities. This sets out the proper arrangements that they should have in place when transferring their records selected for permanent preservation to an archive.  These included constitution, finance, staffing, security, storage, collection care, and public access.

You Said

We received 35 responses, of which 24 came from public bodies, six from individuals four from professional bodies and one from a private archive. The great majority were in favour of the principles of the Guidance but three topics, staff qualifications, digital records and resource implications all attracted particular comment, some of it critical. A number of other, lesser issues, mainly requests for clarifications, were also raised. Overall we found the responses to be both constructive and positive.

We Did

A full report has been published on the Scottish Government Citizen Space website, analysing the responses and setting out the Keeper’s views on them. The final Guidance is now being altered to reflect some of the topics and shortcomings raised by the Consultation and will be issued shortly. It will clarify matters surrounding staff qualifications and will set out some basic principles governing preservation of digital records. Wording on a number of other topics will be clarified to remove ambiguities.

We Asked

For views on proposed changes to closed areas around the Outer Hebrides.

You Said

A total of 10 responses were received, which consisted of three individual responses and seven from organisations. A majority of respondents supported the proposals.

We Did

As a result of the consultation exercise Marine Scotland will proceed to introduce all of the measures consulted upon.

We Asked

We consulted on our proposals for draft regulations, including proposals on:

  • the information to be submitted with an application to obtain, renew, or transfer a site licence application;
  • the fees a local authority could charge for considering an application;
  • the time limits within which a local authority must make its decision on an application.

 

You Said

There was general support for most of the proposals, with a variety of views on some matters.  For example industry respondents wanted shorter timescales for decisions, while some local authorities wanted longer timescales.  Industry respondents also wanted the information to be submitted with a licence renewal application to be simplified.  Residents were generally supportive of the proposals, with some specific suggested changes.

We Did

We have considered the responses, and have decided our policy response.  This includes:
• a licence renewal applicant will only be required to provide information about the changes that have occurred since the licence was last issued or renewed.
• we will continue the approach of specifying the matters a local authority can take into account when deciding on its fees.
• we will continue with the 3 month timescale for a local authority to issue, renew, or transfer a site licence.  However we will encourage local authorities to make decisions in a shorter timescale wherever possible, particularly for licence transfers.

These policies are reflected in the final version of the Regulations.