- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Friday, 27 September 2013
-
Current Status:
Answered by Derek Mackay on 10 October 2013
To ask the Scottish Government what account the Scottish Ministers must take of the public interest when considering the approval of compulsory purchase orders and what other criteria they must meet.
Answer
In deciding whether or not to confirm a compulsory purchase order, the Scottish Ministers will consider each case on its merits considering whether the acquisition of the property by compulsory means is proportionate and in the public interest weighing the balance of the public interest against the private rights of the owner and those affected.
In doing so the Scottish Ministers take into account all relevant factors, including the purposes for which the land is being acquired, the criteria in the legislation enabling the compulsory acquisition and any objections to the order.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Friday, 27 September 2013
-
Current Status:
Answered by Derek Mackay on 10 October 2013
To ask the Scottish Government how many compulsory purchase orders for land were requested by each (a) local authority and (b) Scottish Government agency in (i) 2009, (ii) 2010, (iii) 2011 and (iv) 2012 and how many were approved by the Scottish Ministers.
Answer
The following table shows all compulsory purchase orders received and which have been confirmed, or are in the process of being confirmed, by the Scottish Ministers from 2009 to 2012 where the local authority was the acquiring authority.
The Scottish Government holds information on those compulsory purchase orders submitted to Scottish Ministers as the confirming authority. We do not hold information on those orders instigated by a local authority but not submitted for confirmation or on the outcome of the order following confirmation by ministers.
Local authority | 2009 | 2010 | 2011 | 2012 |
Ìý | Requested | Confirmed | Requested | Confirmed | Requested | Confirmed | Requested | Confirmed |
Aberdeen | Ìý | Ìý | Ìý | Ìý | 1 | Ìý | Ìý | Ìý |
Aberdeenshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Angus | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Argyll and Bute | Ìý | Ìý | Ìý | 1 | Ìý | Ìý | Ìý | Ìý |
Clackmannanshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Dumfries and Galloway | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Dundee | 1 | Ìý | Ìý | Ìý | Ìý | 1 | Ìý | Ìý |
East Ayrshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
East Dunbartonshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
East Lothian | 1 | 1 | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
East Renfrewshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Edinburgh | Ìý | Ìý | 2 | 2 | Ìý | Ìý | 1 | 1 |
Eilean Siar | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Falkirk | 2 | 1 | Ìý | 1 | 1 | Ìý | Ìý | 1 |
Fife | Ìý | Ìý | Ìý | Ìý | 1 | Ìý | Ìý | 1 |
Glasgow | 2 | 1 | Ìý | 2 | Ìý | 1 | Ìý | Ìý |
Highland | 1 | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | 1 |
Inverclyde | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Midlothian | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Moray | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | 1 | Ìý |
North Ayrshire | 1 | Ìý | Ìý | 1 | Ìý | Ìý | Ìý | Ìý |
North Lanarkshire | Ìý | 1 | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Orkney | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Perth and Kinross | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | 1 | Ìý |
Renfrewshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Scottish Borders | Ìý | 1 | Ìý | 1 | 4 | 1 | Ìý | 2 |
Shetland | 1 | Ìý | 1 | 1 | Ìý | Ìý | Ìý | 1 |
South Ayrshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
South Lanarkshire | Ìý | 1 | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
Stirling | 1 | Ìý | Ìý | Ìý | Ìý | 1 | Ìý | Ìý |
West Dunbartonshire | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý | Ìý |
West Lothian | Ìý | Ìý | 1 | Ìý | Ìý | 1 | Ìý | Ìý |
Ìý
The Scottish Ministers have the power to promote compulsory purchase orders (CPO) using the Roads (Scotland) Act 1984. The CPO process is set out in legislation and requires them to publish the CPO in draft, consider any objections (and if appropriate hold a public local inquiry) and decide whether to proceed. If they decide to proceed, they will publish the made CPO.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Friday, 27 September 2013
-
Current Status:
Answered by Derek Mackay on 10 October 2013
To ask the Scottish Government whether the Scottish Ministers can delegate final decisions on approving compulsory purchase orders and, if so, to whom.
Answer
Where the Scottish Ministers are acting as the confirming authority in relation to a compulsory purchase order, the decision whether or not to confirm the order may not be delegated to a third party.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Friday, 27 September 2013
-
Current Status:
Answered by Paul Wheelhouse on 8 October 2013
To ask the Scottish Government whether a site can be designated as a (a) site of special scientific interest and (b) special protection area without the approval of the Scottish Ministers.
Answer
A Site of Special Scientific Interest can be notified without the approval of the Scottish Ministers. The power to notify such sites is conferred on Scottish Natural Heritage by the Nature Conservation (Scotland) Act 2004.
A Special Protection Area under Directive 2009/147/EC (the Wild Birds Directive) must be approved by the Scottish Ministers in exercise of the duty to classify such sites as placed on them by Regulations 9A to 9C of the Conservation (Natural Habitats, &c.) Regulations 1994.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Monday, 07 October 2013
-
Current Status:
Taken in the Chamber on 10 October 2013
To ask the First MinisterÌýwhether the Scottish Government plans to implement a wage rise for NHS workers in Scotland.
Answer
Taken in the Chamber on 10 October 2013
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Tuesday, 24 September 2013
-
Current Status:
Answered by Alex Neil on 7 October 2013
To ask the Scottish Government, further to the answer to question S4W-16862 by Alex Neil on 18 September 2013, how many new programmes have been funded since 1 January 2010.
Answer
No new programmes have been funded since 1 January 2010.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Wednesday, 25 September 2013
-
Current Status:
Answered by Keith Brown on 3 October 2013
To ask the Scottish Government how much it would cost to introduce the road equivalent tariff scheme for all vehicles using (a) south west and (b) Clyde services.
Answer
The cost to introduce a Road Equivalent Tariff (RTE) scheme for all vehicles (cars and commercial vehicles) on South West Services is estimated to be £4.4 million.
The cost to introduce RET scheme for all vehicles (cars and commercial vehicles) on Clyde Services is estimated to be £3.8 million.
These estimates exclude all passengers and are based on an analysis of the following routes:
South West:
Ardrossan - Brodick
Claonaig - Lochranza
Largs - Cumbrae Slip
Wemyss Bay - Rothesay
Colintraive - Rhubodach
Tarbert LF – Portavadie
Clyde:
Ardrossan - Brodick
Claonaig - Lochranza
Wemyss Bay - Rothesay
Colintraive - Rhubodach
Gourock – Dunoon
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Wednesday, 25 September 2013
-
Current Status:
Answered by Keith Brown on 3 October 2013
To ask the Scottish Government how much it would cost to reinstate the road equivalent tariff scheme for all vehicles using Western Isles services.
Answer
The cost of reinstating Road Equivalent Tariff for Commercial Vehicles on routes to the Western Isles, Coll and Tiree is estimated at £3.5 million per annum.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Wednesday, 25 September 2013
-
Current Status:
Taken in the Chamber on 2 October 2013
To ask the Scottish Government what action it is taking to ensure that all schools have adequate internet connections.
Answer
Taken in the Chamber on 2 October 2013
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
-
Date lodged: Wednesday, 28 August 2013
-
Current Status:
Answered by Nicola Sturgeon on 19 September 2013
To ask the Scottish Government whether legislation that contains a requirement to meet the public interest specifies the matters to be considered in order to do so.
Answer
In relation to most exemptions used under the Freedom of Information (Scotland) Act 2002 and all exceptions under the Environmental Information (Scotland) Regulations 2004, information can only be withheld if, in all the circumstances of the case, the public interest in disclosing the information is not outweighed by that in maintaining the exemption or exception.
This legislation does not specify the matters to be considered in carrying out the public interest test as the public interest arguments in favour of and against release of information will vary significantly depending on the specific information requested. If an applicant does not agree with the way in which the public interest test has been applied by a public authority they have a right to seek an internal review and then, if they are still not happy, to appeal to the Scottish Information Commissioner.