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We are confident that our proposals are both legal and enforceable.

The Scottish Government does not discuss the nature of any legal advice received, nor indeed whether legal advice has been sought in relation to any matter.

The proposals are for a Scottish quota management and licensing system which will apply to Scottish vessels and quota holders as defined in the consultation document Safeguarding Our Fishing Rights: The Future of Quota Management and Licensing in Scotland - Interim outcome of consultation report.

The proposals are for a Scottish quota management and licensing system which will apply to Scottish vessels and quota holders as defined in the consultation document Safeguarding Our Fishing Rights: The Future of Quota Management and Licensing in Scotland - Interim outcome of consultation report.

Heriot-Watt University and DTZ were commissioned by the Scottish Government to carry out a monitoring and evaluation study of Devanha to run over the three year period of the programme. It draws on evidence collected through the monitoring and evaluation framework developed by the consultants through discussion with Scottish Government and Devanha partners and stakeholders. Key documents guiding the analysis have been the Offer of Grant from Scottish Ministers to Devanha Limited and the Programme Agreement between the Scottish Government and Devanha Limited. The evaluation will likely lead to a final published report, expected to be in 2011.

The Devanha Grant Offer was approved in March 2007, and so there were no properties built by the Devanha Consortium in 2005-06 or 2006-07. There was therefore no associated underspend.

The Devanha grant offer set a three person equivalent cost benchmark of £67,248, base dated March 2007. All projects agreed with the Devanha Consortium are assessed against this benchmark.

The Devanha Consortium is operating an open-book contracting process, therefore the final costs of delivery against targets will not be confirmed until the total programme completes.

The Scottish Government did not contract with any consultants to establish Devanha Ltd. However, Devanha Ltd engaged the support of the Collaborative Working Centre (CWC) to provide guidance and support on the open-book procurement process.

Brian Burns Associates were contracted to assist in the setting up of the Highland Housing Alliance. On 19 October 2004, Communities Scotland contributed £6,148.75 towards engaging Brian Burns Associates to advise and prepare proposals for the Alliance on structural and operational topics. A further contribution of £14,000 was made on 24 March 2005 towards business planning support.

The consultation Investing in Affordable Housing: A Consultation sets out the current proposal that; Lead developers will be established good performers and exemplars of good practice in procurement and investment. They will have strong connections and relationships with local authorities and other major stakeholders. Appointment as a lead developer would offer RSLs opportunities for increased control over the planning and management of investment and for developing stronger relations with central and local government, as well as with contractors, developers and other private sector partners. And lead developers will further develop good practice in investment and procurement, acting as beacons for further improvement for the benefit of the sector as a whole.(paragraph 35).

When working with a lead developer there will continue to be an important role for small rural housing associations in terms of identification of land and skills for new developments. The position of associations and their role when working with a Lead Developer should be safeguarded by putting in place a formal agreement. The government has proposed developing guidance to support associations when setting up consortia and lead developer arrangements and putting a formal agreement in place. It is also proposed that associations can continue to develop without working with a lead developer if they satisfy the proposed pre-qualification criteria, which would be another route for small rural associations.

The scope of the proposed guidance, and decisions about the reform proposals as a whole, will be considered by the government in light of the consultation responses.

In the consultation Investing in Affordable Housing: A Consultation the Government has proposed developing guidance to support associations when setting up consortia and lead developer arrangements. This proposed guidance is intended to address questions such as the raising of private finance and efficient cash flows in cases when one association builds homes that are then owned and managed by another association. The full scope of the proposed guidance, and decisions about the reform proposals as a whole, will be considered by the government in light of the consultation responses.