���˿���

The interpretation of legislation is a matter for the planning authority in the first instance. It will be for them to consider in the circumstances of the case whether a proposal is a national, major or local development.

No such projects are designated as national developments in the second National Planning Framework. In terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, which identify thresholds for major developments, there is no specific reference to “shale gas extraction by means of hydraulic fracturing”. The planning authority will have to consider which, if any, of the descriptions of development the proposal falls into and whether the associated threshold is met or exceeded. Where developments are neither national nor major developments, then they are classed as local developments.

The Hierarchy regulations can be found at the following link:

.

The UK has a long history of onshore gas exploration and the range of techniques used in both conventional and unconventional gas extraction, including hydraulic fracturing, are understood by the relevant regulators. There is a robust regulatory, safety and environmental regime in place to ensure that potential risks to safety, the environment or the community are properly managed. Given the new dimension of hydraulic fracturing being applied to unconventional gas extraction the statutory regulators will continue to monitor hydraulic fracturing closely.

Officials from Scottish Government and Scottish Enterprise met with representatives from Dart Energy on 31 May 2011. The company provided a general overview of their proposals for a Coal Bed Methane project in Stirlingshire.

Scottish ministers have not, in the past five years, agreed to pay the legal expenses of any party with which it is in dispute where it considers it to be in the public interest that the matter is determined by a court or tribunal.

The Scottish Government is committed to supporting survivors of childhood abuse. The In Care Survivors Service Scotland (ICSSS) provides a specialist service to a group of people who have suffered trauma of a very specific nature which is tailored to their needs. In particular, the service uniquely offers support accessing records relating to individuals’ care experiences.

We have asked Open Secret to submit a renewed business case for further funding, which we will take into consideration in combination with the external evaluation of the service currently being carried out. We therefore do not anticipate the need for alternative arrangements.

As part of the grant conditions, the In Care Survivors Service Scotland (ICSSS) is required to monitor the quality and effectiveness of its service provision and provide quarterly updates to the Scottish Government. Furthermore, ICSSS is also required and has now commissioned an external evaluation.

The Scottish Government’s action to meet statutory emissions reduction targets is a collective responsibility across all ministerial portfolios, and all Cabinet Secretaries are currently engaged in discussions in preparation for the Spending Review.

The Scottish Government’s action to meet statutory emissions reduction targets is a collective responsibility across all ministerial portfolios, and all Cabinet Secretaries are involved in regular and ongoing discussion on the implementation of the Report on Proposals and Policies.

The Scottish Government published guidance in February 2011 to assist all public bodies in complying with the duties placed upon them by Part 4 of the Climate Change (Scotland) Act 2009. Officials located within the Energy and Climate Change Directorate lead work to co-ordinate the Scottish Government’s own compliance with the duties through a range of actions reflecting the suggested areas of activity set out in the guidance, including governance, target setting, reporting, public engagement and acting sustainably.

The Schools (Consultation) (Scotland) Act 2010 (the 2010 Act) sets out the process to be followed if a local authority decides to close a school. This includes the Ministerial call in procedure, which is set out at section 15 of the 2010 Act. Under section 17 of the 2010 Act, the Scottish Ministers may issue a call-in notice only where it appears to them that the education authority have failed (a) in a significant regard to comply with the requirements imposed on it by (or under) this Act so far as they are relevant in relation to the closure proposal, or (b) to take proper account of a material consideration relevant to its decision to implement the proposal.

The Scottish Government believe the differences in interpreting the 2010 Act have resulted in its original intentions - that the educational, not financial, benefits should be the main consideration - not always being followed. The voluntary moratorium and the creation of the Commission on Rural Education recognises the very specific challenges that can face Scotland’s rural communities and the role of many rural schools in providing the focal point for a whole community and ensuring better life chances.

A summary of the 2010 Act, the Ministerial Call In process and associated guidance: