- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 09 April 2009
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Current Status:
Answered by Nicola Sturgeon on 6 May 2009
To ask the Scottish Executive whether the post of chief inspector for the Care Environment Inspectorate has been advertised and, if so, where and when.
Answer
The post of Chief Inspector of the Healthcare Environment Inspectorate was advertised in The Herald and The Scotsman on 24 March 2009 and the Sunday Herald and Scotland on Sunday on 29 March 2009, with a closing date of 6 April 2009. The post was also advertised in S1Jobs.com and the NHS (SHOW) website and internally in the NHS.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 09 April 2009
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Current Status:
Answered by Nicola Sturgeon on 6 May 2009
To ask the Scottish Executive how inspection teams in the Care Environment Inspectorate will operate when carrying out hospital inspections and, specifically, whether protocols will be developed.
Answer
The Healthcare Environment Inspectorate will publish its detailed operational arrangements for undertaking inspections when these have been finalised following the appointment of the chief inspector.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 09 April 2009
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Current Status:
Answered by Nicola Sturgeon on 6 May 2009
To ask the Scottish Executive what the composition is of the teams that will undertake inspections for the Care Environment Inspectorate.
Answer
The Chief Inspector of the Healthcare Environment Inspectorate will be supported by regional inspectors and associated inspectors, including members of the public, and a range of specialists and experts reflecting the need to ensure that appropriate standards in the care environment, with regards to healthcare associated infection, are being achieved.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 09 April 2009
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Current Status:
Answered by Nicola Sturgeon on 6 May 2009
To ask the Scottish Executive what the timescale is for recruiting and establishing inspection teams for the Care Environment Inspectorate.
Answer
The regional inspector posts were advertised on 24 April 2009 and associate inspector posts were advertised the week beginning Monday 29 April 2009.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 09 April 2009
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Current Status:
Answered by Nicola Sturgeon on 6 May 2009
To ask the Scottish Executive, in light of the Cabinet Secretary for Health and Wellbeing's announcement in a press release on 9 March 2009, whether a chief inspector for the Care Environment Inspectorate has been appointed.
Answer
The post of Chief Inspector of the Healthcare Environment Inspectorate was advertised on 24 March 2009. Interviews will be held on Friday 8 May 2009, the earliest practicable date for the selection panel to meet.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Wednesday, 08 April 2009
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Current Status:
Answered by John Swinney on 6 May 2009
To ask the Scottish Executive in what circumstances the Keeper of the Registers of Scotland would determine that a title would be without exclusion of indemnity.
Answer
The Keeper creates a title sheet for a property based upon the deed submitted for registration, accompanying documentation including the application form, and where the property is being registered in the Land Register for the first time, prior deeds for that property as recorded in the General Register of Sasines. The Keeper may also request additional evidence from the applicant that he considers necessary to evidence the legal title of the property in respect of which registration is being sought. If the information provided and the examination of title by the Keeper does not reveal any legal or title discrepancy, a title sheet will be completed without exclusion of indemnity.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Wednesday, 08 April 2009
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Current Status:
Answered by John Swinney on 6 May 2009
To ask the Scottish Executive what steps the Keeper of the Registers of Scotland takes when registering a title.
Answer
The Land Register is designed to be definitive as to the nature and extent of title. Section 5 of the Land Registration (Scotland) Act 1979 requires the Keeper to complete registration in respect of a property title by making up a title sheet for it in the Land Register. The content of the title sheet is set out in section 6 of that act and includes a description of the property, the names of the proprietors, details of any charges over the property and title conditions and rights affecting the property. The title sheet also includes a title plan on which the extent of the registered property is shown. The Keeper creates a title sheet for a property based upon the deed submitted for registration, accompanying documentation including the application form, and where the property is being registered in the Land Register for the first time, prior deeds relating to that property as recorded in the General Register of Sasines.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Wednesday, 08 April 2009
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Current Status:
Answered by John Swinney on 6 May 2009
To ask the Scottish Executive whether the Land Register of Scotland or the Register of Sasines carries more weight in the consideration of titles.
Answer
The General Register of Sasines is a register of deeds in which conveyancing deeds are lodged. The fact that a deed appears in the General Register of Sasines does not guarantee its validity, merely that it is competent to be recorded. The state and quality of a title to a property must be deduced by examination of the relevant deeds relating to that property as recorded in this register.
By contrast, the Land Register is a register of title whereby title flows from the entry for a property in the Register. Section 5 of the Land Registration (Scotland) Act 1979 requires the Keeper to complete registration in respect of a property title by making up a title sheet for it in the Land Register. The title sheet includes a description of the property, the names of the proprietors, details of any charges over the property and title conditions and rights affecting the property. The title sheet also includes a title plan on which the extent of the registered property is shown. Except for over-riding interests as defined in section 28 of the Land Registration (Scotland) Act 1979, the title sheet is determinative of title. (An overriding interest is, in relation to an interest in land, a right or interest that does not have to be constituted in a conveyancing deed, for example certain types of access right.)
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Wednesday, 08 April 2009
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Current Status:
Answered by John Swinney on 6 May 2009
To ask the Scottish Executive what redress is available if the Keeper of the Registers of Scotland makes an error in registering a title.
Answer
Where the Land Register is inaccurate (whether due to an error by the Keeper or for any other reason) a person may apply for rectification of the Register. The circumstances in which the Keeper may rectify the Register to remove an inaccuracy are set out in section 9 of the Land Registration (Scotland) Act 1979.
Subsection (1) of section 9 confers on the Keeper a general power to rectify any inaccuracy in the register, either on his own initiative, or on being requested to do so. It also requires the Keeper to rectify an inaccuracy on being so ordered by a court or the Lands Tribunal for Scotland.
Subsection (3) of section 9 limits both the Keeper''s power to rectify the Land Register and also the power of the court or the Lands Tribunal for Scotland to order the Keeper to rectify. If rectification of the Land Register would prejudice a proprietor who is in possession of the registered title the circumstances in which rectification is permissible are limited. These are: where everyone whose interests are likely to be affected by the rectification have agreed; where the rectification is to note an overriding interest (a form of right that does not require to be constituted in a conveyancing deed such as certain forms of access right); where the inaccuracy has been caused by fraud or carelessness, or where the title is not fully guaranteed (this can happen where there is an element of uncertainty in the underlying title).
If rectification is not legally permissible and the person seeking rectification has suffered loss as a result of that they may be entitled to be indemnified by the Keeper in respect of that loss. If rectification is legally permissible, a person who suffers loss as a result of the rectification may equally be entitled to be indemnified by the Keeper.
The entitlement to indemnity is provided by section 12 of the Land Registration (Scotland) Act 1979 and is subject to a number of exceptions. Examples include where the Keeper has expressly excluded his indemnity when registering the title or where specified matters could not have been known to the Keeper, and on occasion the applicant, when an application was presented for registration.
Where the Keeper refuses an application to rectify, that decision may be challenged in a court or the Lands Tribunal for Scotland.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 24 April 2009
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Current Status:
Answered by Nicola Sturgeon on 5 May 2009
To ask the Scottish Executive, further to the answer to question S3W-22508 by Nicola Sturgeon on 23 April 2009, what would trigger an investigation into the incidence of Clostridium difficile at NHS Orkney and whether this was applied in the recent outbreak.
Answer
National guidance requires the setting of local trigger thresholds for each clinical area. Following the recent outbreak these are now in place across NHS Orkney and have been set at two cases for each ward within any 30 day period.