Questions and answers

Question reference: S3W-30990

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Michael Russell on 3 February 2010

To ask the Scottish Executive whether its powers to call in a school closure decision under the Schools (Consultation) (Scotland) Act 2009 can be used prior to the Act coming into force in cases where a local authority is conducting a consultation based on the Act’s principles.

No. Scottish Ministers will only have the power to call in a local authority school closure decision after the Schools (Consultation) (Scotland) Act 2010 has commenced on 5 April 2010, regardless of whether or not the authority has chosen to consult using the new process set out in the act. If a closure decision is taken prior to the act''s commencement then it will be liable to referral to Scottish Ministers for consent if it meets the criteria (as set out in the answer to the question
S3W-30183 on 14 January 2010).

All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Question reference: S3W-30988

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Michael Russell on 3 February 2010

To ask the Scottish Executive, further to the answer to question S3W-30183 by Michael Russell on 14 January 2010, whether this answer indicates that interested parties are precluded from seeking its intervention in cases where they consider that a local authority consultation in relation to a proposed school closure is flawed, inaccurate and misleading and, if so, what recourse such parties have.

As specified in the answer to question S3W-30183 on 14 January 2010, under current regulations Scottish ministers'' involvement in local authority consultations on school closures is restricted exclusively to prescribed occupancy and distance criteria. Ministers do not have a locus to intervene otherwise, even if someone makes representations to them that they believe the authority''s consultation to be flawed, inaccurate and misleading.

In such circumstances parties could make a formal complaint under the council''s complaints procedure or, if after following such action they remain dissatisfied, refer the matter to the Public Service Ombudsman. Ultimately, the complainant could pursue legal action if they consider that the local authority has not properly fulfilled its statutory responsibilities under the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981.

Once the Schools (Consultation) (Scotland) Act 2010 is commenced on 5 April 2010 the system for referring certain local authority decisions to ministers for consent will be replaced by a ministerial power to call in school closure decisions. In the case of someone believing the authority''s consultation to be flawed, inaccurate and misleading they will be able to make representations to ministers requesting that the decision is called in.

All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Question reference: S3W-30989

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Michael Russell on 3 February 2010

To ask the Scottish Executive what the transitional arrangements are regulating local authority consultation on the proposed closure of schools between the Schools (Consultation) (Scotland) Bill being passed by the Scottish Parliament and the Act coming into force.

Schedule 3 of the Schools (Consultation) (Scotland) Act 2010 sets out transitional arrangements for handling consultations underway at the point of commencement of the act on 5 April 2010.

Consultations on proposed school closures that commence before 5 April 2010 should be conducted under the new process set out in the act unless a decision is taken by the council before commencement.

Should a decision be taken before commencement then it would still be liable to referral to Scottish Ministers for consent if it meets the criteria (as set out in the answer to the question S3W-30183 on 14 January 2010).

Should a decision be taken after commencement the consultation would be required to meet the requirements as set out in the Schools (Consultation) Act 2010.

All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Question reference: S3W-30946

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Stewart Stevenson on 1 February 2010

To ask the Scottish Executive, further to the answer to question S3W-30467 by Stewart Stevenson on 15 January 2010, on how many occasions in each month since 1997 for which information is available the rail franchise holder has been penalised for not providing planned capacity on the Glasgow to Edinburgh via Falkirk High route.

There are no exact monthly totals as rail accountancy is measured in 13 x four-weekly periods per fiscal year.

Each Period there are approximately 3,170 trains operating between Edinburgh and Glasgow via Falkirk High. The reliability figure for the whole of this period is 98.2% trains operating to the correct formation.

The following information is instances per accounting period since Transport Scotland took over the management of the franchise in October 2005. Transport Scotland does not hold the relevant records prior to October 2005.

	4-Weekly Period	Instances Per Period
	4-Weekly Period	2005-06	2006-07	2007-08	2008-09	2009-10
April	1		10	13	16	45
	2		12	15	17	17
	3		30	9	11	45
	4		44	9	27	37
	5		31	10	23	19
	6		25	13	20	30
	7		27	17	37	26
	8	28	23	11	22	23
	9	20	23	12	50	23
	10	42	34	16	112	191
	11	12	66	12	42
	12	29	45	21	53
March	13	8	9	23	33

Question reference: S3W-30947

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Stewart Stevenson on 1 February 2010

To ask the Scottish Executive, further to the answer to question S3W-30468 by Stewart Stevenson on 15 January 2010, on how many occasions in each month since 1997 for which information is available the rail franchise holder has been penalised for not providing planned capacity.

There are no exact monthly totals as rail accountancy is measured in 13 x four-weekly periods per fiscal year.

Each Period there are approximately 55,000 trains operated by First ScotRail. The reliability figure for the whole of this period is 99.8% trains operating to the correct formation.

The following information is instances per accounting period since Transport Scotland took over the management of the Franchise in October 2005. Transport Scotland does not hold the relevant records prior to October 2005.

	4-Weekly Period	Instances Per Period
	4-Weekly Period	2005-06	2006-07	2007-08	2008-09	2009-10
April	1		137	117	68	109
	2		149	144	86	68
	3		141	102	79	122
	4		174	133	85	107
	5		116	99	87	51
	6		97	91	82	77
	7		142	114	146	65
	8	402	124	120	148	65
	9	344	130	100	197	69
	10	456	331	214	272	401
	11	179	351	179	146
	12	132	295	111	176
March	13	118	155	99	87

Question reference: S3W-30937

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 20 January 2010
Current Status: Answered by Mike Pringle on 28 January 2010

To ask the Scottish Parliamentary Corporate Body whether the Scottish Public Services Ombudsman (SPSO) has the power to initiate court action in relation to a complaint referred to the SPSO.

Question reference: S3W-30468

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 06 January 2010
Current Status: Answered by Stewart Stevenson on 15 January 2010

To ask the Scottish Executive whether the passenger rail franchise requires specific capacity for particular services.

Rail services in Scotland are managed and monitored by the Scottish Government agency, Transport Scotland, and operated by ScotRail through a Franchise Agreement.

ScotRail prepares a train plan containing the total seating plus standing capacity for each service on a weekday, Saturday and Sunday. Its obligation is to plan the best allocation of its entire train fleet to passenger services that is reasonably practicable. It should ensure, so far as possible, that if excess demand occurs, it is not concentrated on any particular route or passenger service.

The train plan is submitted to Transport Scotland for approval. Once agreed, if planned capacity is not provided, ScotRail is penalised under a performance regime in the franchise agreement. The regime is managed and monitored by Transport Scotland.

Question reference: S3W-30467

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 06 January 2010
Current Status: Answered by Stewart Stevenson on 15 January 2010

To ask the Scottish Executive whether the rail franchise operator is required to run six-carriage trains on the Glasgow to Edinburgh rail line.

ScotRail plans the capacity for each service in advance of each timetable change. Services on the Edinburgh to Glasgow via Falkirk High route are currently planned to operate with six carriages in the morning and evening peak. Some off-peak and weekend journeys are also planned to be provided with six carriages.

Where the planned capacity is not provided, ScotRail is penalised under a performance regime in the franchise agreement. The regime is managed and monitored by Transport Scotland.

Question reference: S3W-30082

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 15 December 2009
Current Status: Answered by Adam Ingram on 15 January 2010

To ask the Scottish Executive whether the provisions of the Schools (Consultation) (Scotland) Bill as passed by the Scottish Parliament on 19 November 2009 pertain to nursery schools.

Schedule 1 of the Schools (Consultation) (Scotland) Act, as passed by the Scottish Parliament on 19 November 2009, sets out all of the local authority proposals that relate to the Act''s provisions. http://www.scottish.parliament.uk/s3/bills/23-Schools/b23bs3-aspassed.pdf.

Section 135(1) of the Education (Scotland) Act 1980 includes authority-managed nursery schools in the definition of the word school, therefore all of the proposals in schedule 1 of the Schools (Consultation) (Scotland) Act that relate to a school includes, by definition, nursery schools.

Question reference: S3W-30084

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 15 December 2009
Current Status: Answered by Michael Russell on 14 January 2010

To ask the Scottish Executive whether ministers may call in a decision to close a school by a local authority, as set out in the Schools (Consultation) (Scotland) Bill as passed by the Scottish Parliament on 19 November 2009, only if that school is defined as rural.

Seòmar agus comataidhean