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FAIs cover a wide range of policy areas and recommendations are equally wide-ranging. The Scottish Government expects that the relevant individual policy area or public body would take action in light of any recommendations.

The statutory framework for FAIs is the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016. The legislation introduced a requirement for the Sheriff conducting the FAI to make a determination setting out their conclusions and recommendations as soon as possible. Recommendations from a Sheriff must be responded to by the body to whom they are directed. The 2016 Act sets out that the Scottish Courts and Tribunals Service is required to publish the determination and subsequent response from the party to whom the recommendations are directed. The response will normally detail what action has been taken or is proposed to be taken in light of the recommendations. These are published on the Scottish Courts and Tribunals' website and are therefore publicly available.

The Scottish Government has acknowledged that there are concerns about the operation of fatal accident inquiries. In January of this year the Scottish Government announced a focussed, independent review of the FAI system. This review is to look at the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody.

This information is not held centrally.

As a non-Ministerial office, the Scottish Courts and Tribunals Service (SCTS) is responsible for preparing a detailed budget for each financial year. Throughout the Budget process, the Scottish Government liaises with the SCTS to identify its budgetary requirements. These requirements are considered alongside the resource needs of the rest of the justice system in order to ensure the SCTS has sufficient resources to meet its statutory obligations. Compared to the opening 2024-25 budget, an additional £11.5m Resource funding and £2m Capital funding has been provided to the SCTS for 2025-26.

The experience of families will inform the forthcoming focused review of FAIs in relation to deaths in custody.

Legislation does not currently allow for variations to section 37 consents. Therefore, it has not been possible for the Scottish Government to receive such requests.

The proposed reforms mirror section 36C of the Electricity Act 1989 which makes provision for the Scottish Ministers to vary section 36 consents for construction, operation and extension of generating stations.

The statutory grounds for a Fatal Accident Inquiry were carefully considered by Parliament in 2016 following a review of the law conducted by Lord Cullen. There are no plans to look at this aspect of FAI legislation, although the member will be aware than in January I announced a focussed review of FAIs looking specifically at deaths in custody.

We have not undertaken a review of ownership, but in line with all fleet vehicles, replacement will be considered when the Tesla’s reach the end of their operational life cycle.

The scope of the proposed reforms to vary consents without an application will be limited to variations and will not include suspension or revocation of consents. Interested parties will be notified of the proposal and given the opportunity to make representations. Where the variation proposed by the Scottish Government is to amend the consent or its conditions or both due to a change in environmental circumstances or relevant technological changes, the agreement of the consent-holder will be required.

Separately, the proposed reforms intend that the Scottish Government will be enabled to correct errors or omissions made in a consent, where the consent-holder would be notified of the proposed variation and given the opportunity to make representations to the Scottish Government.