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The NPD model seeks to transfer risk and exert private sector discipline both during the construction phase of a project and throughout its lifetime, but without the excessive profits to the private sector and financing costs to the public sector associated with past PFI projects.

The key benefits of the NPD model are:

• returns to the private sector are capped;

• NPD does not contain dividend-bearing equity;

• surpluses from NPD projects can be directed in favour of the public sector; and

• enhanced stakeholder involvement in the management of projects.

There is no set period that a tenant of a local authority or registered social landlord is entitled to retain their Scottish Secure Tenancy while in residential care. There are limited grounds under the Housing Scotland Act 2001 when a local authority or a registered social landlord can seek to recover possession of a tenancy. One ground is if the tenant and their spouse or partner have been absent from the property without reasonable cause for a continuous period exceeding 6 months or have ceased to occupy the property as their principal home. The court can make such an order only if it is reasonable to do so.

The Scottish Government Urban Rural Classification, on which the Rural School List is based, is updated every two years, and the most recent version was published in August 2012. Following the update of the Classification, the Rural Schools List is them amended to take account of the revisions. This review also takes place every two years with the next review planned for Spring 2013. As the classification of schools as rural is based on the population density of their postcode area, this classification may change over time as settlements expand or contract.

The Scottish Government is aware that some local authorities have indicated that current rural school list may include a small number of anomalies.

It is open to an education authority to raise a concern they might have about the post code allocation for a school with the Post Office and enquire whether the post code could be changed to that of an adjacent post code area.

The Schools (Consultation) (Scotland) Act 2010 requires Scottish Ministers to maintain a list of rural schools. Section 14 of the 2010 Act states that in determining the question of rurality when considering whether a school falls to be included in or excluded from the list of rural schools, the Scottish Ministers are to have regard (in particular) to—

(a) the population of the community (or settlement) in which the school is located,

(b) the geographical circumstances of that community (or settlement) including its

relative remoteness or inaccessibility.

The Scottish Government Urban Rural Classification, provides a standard definition of rural areas in Scotland. The rural school list is prepared using this classification system with 3 different classifications for rural school (Accessible Rural, Remote Rural and Very Remote Rural). These classifications are based on the settlement size where the school is located and also by the drive time to another settlement. The detail of the classification criteria is set out in the following table.

Accessible Rural	Settlements of fewer than 3,000 people and within 30 minutes drive of a settlement of 10,000 or more.
Remote Rural	Settlements of fewer than 3,000 people and with a drive time of between 30 and 60 minutes to a settlement of 10,000 or more.
Very Remote Rural	Settlements of fewer than 3,000 people and with a drive time of over 60 minutes to a settlement of 10,000 or more.

<>This information is available from the Scottish Government website under “Project List - Done Deals” by way of the following link www.scotland.gov.uk.

<>This information is available from the Scottish Government website under “Unitary Payment Charges” by way of the following link www.scotland.gov.uk.

As the rates applicable to any project reflect the market conditions when the actual contract is signed, it is not possible to assess how the costs of previous PFI projects would differ if those projects had been procured via the Non-Profit Distributing (NPD) model.

The NPD model is the Scottish Government’s preferred option for revenue financed projects as it creates a better balance between risk and reward to the private sector and avoids the kind of excessive returns and poor taxpayer value associated with past PFI projects.

<>There may be provisions in title deeds on how decisions should be taken on repairs and maintenance of common space. If there is nothing in title deeds, or they are uncertain, the Tenement Management Scheme in the Tenements (Scotland) Act 2003 may be relevant. Under the Tenement Management Scheme, decisions on repairs and maintenance to common areas may be taken by a majority of the owners of the flats in a tenement. More information on managing common repairs is contained in Consumer Focus Scotland's guide "Common Repair, Common Sense" which can be found at http://www.consumerfocus.org.uk/scotland/news/consumer-guide-to-managing-common-repairs. Improvements to common areas of tenements generally require unanimous agreement of the owners of the flats, unless the improvements are reasonably incidental to the maintenance or there is provision in the title deeds on taking decisions in relation to improvements.

Social landlords acting as property factors need to comply with the provisions of the Property Factors (Scotland) Act 2011. More information on the 2011 act is at http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privateowners/propertyfactors/2011Act. The Code of Conduct for Property Factors, which forms one of the main elements of the act, sets out certain requirements relating to how property factors should communicate and consult with homeowners.

<>There may be provisions in title deeds which lay down responsibilities and rights of owners of property in stock which is otherwise owned by social landlords. Social landlords acting as property factors need to comply with the provisions of the Property Factors (Scotland) Act 2011. More information on the 2011 act is at http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privateowners/propertyfactors/2011Act.

<>We are not aware of any legal provisions in respect of groups of this nature. However, where decisions on repairs and maintenance are being taken under the Tenement Management Scheme, the scheme contains provisions on arranging meetings and consulting owners. Social landlords acting as property factors need to comply with the provisions of the Property Factors (Scotland) Act 2011. More information on the 2011 act is at http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privateowners/propertyfactors/2011Act.