- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Monday, 07 September 2015
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Current Status:
Answered by Paul Wheelhouse on 17 September 2015
To ask the Scottish Government what recourse is available to a homeowner in a block of flats whose property has been damaged if another property in the building is the subject of a disposition dispute.
Answer
The usual position when property in a block of flats is damaged by property owned by somebody else is to seek recompense from the owner of the property that has caused the damage. Section 18 of the Tenements (Scotland) Act 2004 provides that owners of flats in tenements have a duty to obtain insurance against risks prescribed in regulations made by the Scottish Ministers. These regulations are at: http://www.legislation.gov.uk/ssi/2007/16/contents/made. If there is a dispute about liability because there is a dispute about ownership of the property that caused the damage, the first step would usually be for the parties involved to discuss to see if they can reach an agreement on liability. The 2004 Act makes provision on liability or continuing liability in certain circumstances: for example, section 28(2) makes provision on what ‘owner’ means. In some cases, alternative dispute resolution such as mediation or arbitration may help to resolve any dispute. If agreement cannot be reached, it would be open to one or more of the parties to raise an action in court to resolve the matter.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Monday, 07 September 2015
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Current Status:
Answered by Paul Wheelhouse on 17 September 2015
To ask the Scottish Government what recent discussions it has had with the Law Society of Scotland regarding (a) compensating victims of and (b) conveyancing matters and fraudulent disposition.
Answer
These matters have arisen as part of regular discourse with the Law Society of Scotland. I most recently met with the Law Society of Scotland on 3 September 2015 as part of my quarterly meetings with them. At this meeting, I emphasised the need to resolve quickly the cases in Aberdeen and Happy Valley, West Lothian which were the subject of the report by former Sheriff Principal Bowen to the society on consumer protection in conveyancing: http://www.lawscot.org.uk/media/439009/Law-Society-report-Consumer-Protections-in-Conveyancing-Cases.pdf
The Scottish Government will continue to discuss with the society and others what changes should be made generally to conveyancing following the recommendations in Sheriff Principal Bowen’s report and with particular focus on preventing any similar case arising in future and, if they do, seeing them resolved more effectively.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Monday, 07 September 2015
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Current Status:
Answered by Alex Neil on 17 September 2015
To ask the Scottish Government whether there is provision in planning guidance to ensure that redundant satellite dishes are removed from properties.
Answer
There is no such general provision where a condition is attached to planning permission for a satellite dish requiring the removal of a redundant dish, enforcement of such a condition would be matter for the planning authority. The permitted development rights for certain changes to the exterior of dwelling houses and flats, which could include satellite dishes, do not include such a condition.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Monday, 07 September 2015
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Current Status:
Answered by Margaret Burgess on 17 September 2015
To ask the Scottish Government what would happen in the event of enforcement action taking place under the Housing (Scotland) Act 2006 if a property in a block of flats was the subject of a disputed disposition.
Answer
Local authorities have powers under the Housing (Scotland) Act 2006 to issue work notices and maintenance orders on owners in blocks of flats. When owners are unable or unwilling to comply with a notice or order the local authority can carry out work itself and recover costs from owners. The local authority has power under section 186 of the Act to make inquiries necessary to assist it in exercising these powers. It would be for the local authority to decide who it considers to be the owner of the property for the purpose of serving a notice. Section 64 of the Act provides a right of appeal to the Sheriff for anyone who is aggrieved by the local authority’s decision to serve a notice or order.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Wednesday, 02 September 2015
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Current Status:
Answered by Fergus Ewing on 9 September 2015
To ask the Scottish Government what recent meetings and communications it has had with the UK Government regarding the oil and gas industry.
Answer
I have for the past five years attended PILOT meetings chaired by the UK Government. I have included UK Government representatives on the Industry Leader Group which I co-chair and have regularly urged the UK Government since 2011 to provide to the oil and gas industry a stable predictable tax regime to encourage maximised economic recovery.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Wednesday, 26 August 2015
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Current Status:
Taken in the Chamber on 2 September 2015
To ask the Scottish Government how much it is spending in 2015-16 to mitigate the UK Government’s social security reforms.
Answer
Taken in the Chamber on 2 September 2015
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Friday, 03 July 2015
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Current Status:
Answered by Aileen McLeod on 5 August 2015
To ask the Scottish Government what data it holds on the control of urban gull populations across Scotland.
Answer
The Scottish Government does not hold any data on the control of urban gull populations across Scotland.
The Urban Gull Task Force in Dumfries, managed by Dumfries and Galloway Council, does submit an annual report to the Scottish Government which contains information on their nest and egg removal scheme in Dumfries.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Friday, 03 July 2015
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Current Status:
Answered by Aileen McLeod on 5 August 2015
To ask the Scottish Government whether any local authorities use management rules under the Civic Government (Scotland) Act 1982 to discourage the feeding of gulls on public land.
Answer
The Scottish Government does not hold this information.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Friday, 03 July 2015
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Current Status:
Answered by Alex Neil on 30 July 2015
To ask the Scottish Government which local authorities issue planning guidance on gullproofing, and whether the effectiveness is monitored.
Answer
The information requested is not held centrally.
- Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
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Date lodged: Thursday, 25 June 2015
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Current Status:
Answered by Angela Constance on 28 July 2015
To ask the Scottish Government how many local authority (a) teaching and (b) other staff are non-EU citizens and how many earn under £35,000 per year.
Answer
This information is not held centrally.