Parliamentary and Public Law bulletin

Special Edition
 

The Scottish Government’s recently published legislative programme for the coming year is set out in Renewing Scotland: The Government’s Programme for Scotland 2011 – 2012.

In addition, the Scottish Spending Review 2011 was published on 21 September 2011. Finance Secretary John Swinney MSP delivered a statement to Parliament setting out the Government’s spending plans.

To read the full Spending Review, click here.

In this Special Edition of the Parliamentary and Public Law Bulletin, we provide a summary of the Bills the Government has proposed to introduce and a summary of the key announcements in the Spending Review.

PROPOSED BILLS

The Scottish Government has proposed to introduce the following Bills:

Agricultural Holdings (Amendment) (Scotland) Bill
This Bill, which will be introduced in autumn 2011, will encourage more farm land to be let to tenant farmers. It will classify grandchildren as a ‘near relative’ to increase the number of people who can inherit tenant farmland. It will also prohibit ‘upward only’ or ‘landlord only’ initiated rent reviews from being included in leases. Click here for more information, or alternatively contact Jim Drysdale or John Mitchell in our Land Resources Department.

Budget Bill
The Budget Bill will seek parliamentary approval for the Government’s spending plans. Click on the above link to Renewing Scotland to read more about the Government’s strategic objectives for the forthcoming year.

Freedom of Information (Amendment) Bill
The Government is proposing amendments to the Freedom of Information (Scotland) Act 2002 “to add strength and clarity to the legislation”. The exact details have not, as yet, been published but, when further information is available, Fiona Killen or Lorraine Balfour in our Parliamentary and Public Law Unit will be able to offer advice.

Rights of Children and Young People Bill
The United Nations Convention on the Rights of the Child (UNCRC), adopted by the UN General Assembly in 1989, articulates basic human rights specifically for children and young people up to the age of 18. Ratified in 1991 by the United Kingdom, this Bill will place a duty on Scottish Ministers to take into account the rights of children when exercising their responsibilities. Consultation on the Bill began on 8 September 2011. The Parliamentary and Public Law Unit will publish a further bulletin in the coming months to provide more information on the impact of this Bill. Fiona Killen in our Parliamentary and Public Law Unit or Susan MacLeod in our Family Law Team will be able to offer advice on the Bill.

National Library of Scotland Bill
This Bill will reform the governance arrangements of the National Library of Scotland (NLS), following a public consultation carried out between March and June 2010. For more information, click here or alternatively contact Fiona Killen in our Parliamentary and Public Law Unit.

Social Care (Self Directed Support) Bill
This Bill will improve Scotland’s public services and focus these services on the citizen. Commencing a ten year period of reform, this Bill will place greater control in the hands of citizens. Self-Directed Support is when you arrange some or all of your (or your child’s) support instead of receiving directly provided services from your local authority social work or housing department. Click here for the consultation on a draft Bill or contact Catriona Watt in our Dispute Resolution Department for further information.

Land Registration (Scotland) Bill
The Land Registration (Scotland) Bill, implementing a report of the Scottish Law Commission, will provide, amongst other things, for continuation and improvement of the land registration system, introduce a system of “advance notices” for conveyancing transactions and amend existing law to allow for electronic conveyancing. The Bill also proposes to accelerate the process of land registration and, by so doing, increase the number of property titles backed by state guarantee under the Land Register. For more information, click here or contact Deborah Lovell in our Commercial Real Estate Department or Diana Reid in our Residential department.

Offensive Behaviour at Football (Scotland) Bill
This Bill will criminalise behaviour which is threatening, hateful or otherwise offensive to a reasonable person and incites disorder at a regulated football match. The Bill will also criminalise the communication of threats of serious violence and threats intended to incite religious hatred, whether sent through the post or posted on the internet. This Bill was introduced to Parliament in June and the Government’s aim is to have it passed by the end of the year, following additional consultation. For more information on this Bill, click here or contact Chris Dickson or Jonathan Guy in our Dispute Resolution Department.

Long Leases (Scotland) Bill
Further to a report by the Scottish Law Commission on long leases, this Bill will convert “ultra-long” leases to ownership. The leases to be covered are those which have subsisted for more than 175 years and which have more than 100 years left to run. There will also be provisions in the Bill to allow some leasehold conditions to become real burdens in the title deeds following the transfer to ownership; provisions for compensation and additional payouts to be paid to landlords; provisions for landlords to preserve sporting rights; and provisions to allow tenants to opt out of converting to ownership if they so wish. For more information click here, or contact Adèle Nicol or Douglas Reid in our Land Resources Department.

Council Tax Bill
This Bill will aim to tackle the problem of empty houses across Scotland. The legislation will give the Councils the powers to remove existing discounts and to charge an additional levy on the Council Tax on homes which have been empty for six months or more. The Councils will, however, have the discretion to decide what level of discount or levy is appropriate, depending on the area and local circumstances, and will be able to provide an exemption from the levy in certain cases. The Bill will encourage owners to sell or rent their properties rather than leaving them empty and, by so doing, will aim to increase the number of homes available to those who need them. The Housing Support Grant will be abolished. For more information click here, or contact Shirley Evans in our Property Litigation team or David Hunter in our Social Housing team.

Criminal Cases (Punishment & Review) (Scotland) Bill
This Bill gives statutory authority to the Scottish Criminal Cases Review Commission to decide if it is appropriate to publish a Statement of Reasons in cases they have investigated, but where an appeal has been subsequently abandoned. Currently, the Commission is prohibited from disclosing information it holds in relation to cases except in very limited circumstances. The Bill, amongst other measures, requires the Commission in determining whether it is appropriate to publish information to consult with those affected by, or who otherwise have an interest in, the information. For more information click here, or contact Fiona Killen or Lorraine Balfour in our Parliamentary and Public Law Unit.

Aquaculture and Fisheries Bill
The Government is developing consultation proposals with a view to drafting legislation on management measures for farmed fish and wild salmon and freshwater fisheries. The Government is proposing to update enforcement provisions in relation to sea fisheries, the application of EU restrictions and obligations, and the scope of fixed penalties for offences. There is, as yet, limited information about this Bill and the proposed consultation, but Jim Drysdale in our Land Resources department will be able to advise on the proposals, as and when more information is published.

Alcohol Minimum Pricing Bill
This Bill, to be introduced in autumn 2011, will introduce a minimum price per unit of alcohol. A specific minimum unit price will not be contained in the Bill, allowing the principle of the measure and the actual price to be scrutinised separately. For more information, please contact Fiona Killen or Lorraine Balfour in our Parliamentary and Public Law Unit.

Police and Fire Reform Bill
The Bill will bring forward legislation to reform Scotland’s police and fire and rescue services. The key proposals of the Bill include creating a single Scottish Police Service and a Scottish Fire & Rescue Service. The proposals will build upon and fully align with the proposals set out by the Christie Commission. A consultation document will be published in due course seeking views on how the single services will work in detail. For more information, click here or alternatively contact Fiona Killen in our Parliamentary and Public Law Unit or Audrey Cameron in our Corporate Department.

Water Bill
In line with the Government’s commitment to making Scotland a Hydro-Nation, this Bill will require Ministers to develop a strategy that seeks to maximise the value of Scotland’s water sector and to create a strategic co-ordination group to advise them on this strategy. All public bodies will be required to contribute to the implementation of this strategy. Other proposals include updating legislation relating to the management of drought orders, the control of certain substances in the water environment and the management of septic tanks are included. Click here for more information, or contact Alastair McKie in our Planning and Environment Group.

Legal Aid & Scottish Civil Justice Council Bill
This Bill will make provision for the levying of financial contributions in criminal legal aid, ensuring that those who are able to pay a contribution to the costs of their defence do so. It will also establish a Scottish Civil Justice Council to replace the existing Civil Rules Councils and support improvements to the civil justice system. Click here for more information, or alternatively contact Robert Carr or Robert Fife in our Dispute Resolution Department.

The First Minister’s statement to the Scottish Parliament on the legislative programme can be read by clicking here.

SPENDING REVIEW 2011

On 21 September 2011, John Swinney announced the details of the Scottish Government’s Spending Review to Parliament. He announced that the Government will:

Invest in infrastructure

• Fund new rail projects through the use of Network Rail’s Regulatory Asset Base.
• Take forward a £2.5 billion pipeline of major investments using the non-profit distributing model, including improvements to the M8, the Aberdeen Peripheral Route and Balmedie Project, and the new Royal Hospital for Sick Children.
• Focus on accelerating economic recovery to create jobs by switching over three quarters of a billion pounds from resource expenditure to support the Government’s capital programme up to 2014-15.
• Make progress on projects including the new Forth Crossing, the New Glasgow Southern Hospitals Project, the school building programme, the upgrade to the A82 at Crianlarich and Pulpit Rock, the Glasgow Fastlink Proposal, construction of HM Prison Grampian and supporting the development of the V&A at Dundee.
• Provide over £62 million in funding for the digital economy and broadband infrastructure in order to provide super-fast broadband to all in Scotland by 2020.
• Invest £160 million over the next three years, and a further £90 million in 2015-2016, in the Scottish Futures Fund.
• Central and Local Government
• Reduce the core Scottish Government’s operating costs by 18% over three years with a requirement that all public bodies will reduce their comparable costs.
• Continue in 2012-2013 the policy of no compulsory redundancies for those areas under the Government’s direct control.
• Extend the freeze on public sector basic pay for 2012-13 and suspend access to bonuses for a further year.
• Ensure that any public sector employee earning less than £21,000 per annum will receive at least a £250 rise in their salary.
• Implement pensions increases on public sector staff in accordance with UK Government policy.
• Reduce the central Scottish Government estate by at least 25% over the next five years to achieve savings of around £28 million a year in operating costs by 2016.
• Reform empty property relief from April 2013 and introduce incentives to bring vacant premises back into use.
• Continue to freeze the council tax;

Housing

• Deliver 30,000 new affordable homes over the lifetime of the current Parliament.
• Continue the Energy Assistance Package and Universal Home Insulation Schemes to encourage people on low incomes to reduce energy bills;

Education and training

• Maintain teacher numbers in line with pupil numbers and secure places for all probationers under the teacher induction scheme.
• Support 125,000 Modern Apprenticeship places during the lifetime of this Parliament and commit to every 16-19 year old in Scotland who is not in work, part of a Modern Apprenticeship nor receiving education being offered a learning or training opportunity.
• Continue free access to higher education for all Scots.
• Introduce a minimum income for the lowest income students of £7,000.

Business and enterprise

• Continue the Small Business Bonus Scheme which has removed or reduced rates for small businesses.
• Introduce a public health levy by increasing the business rates paid by large retailers of tobacco and alcohol from 1 April 2012.
• Promote Scottish exports in growth markets such as China and India, with a target of delivering a 50% increase by 2017.
• Increase the Scottish Living Wage to £7.20 per hour;

Health

• Allocate an additional £826 million to the health revenue budget in Scotland over three years.

Justice

• Pursue the plan to create a single police force and a single fire and rescue service which will produce estimated savings of £130 million per year.
• Fund Police Boards to allow them to maintain 1,000 additional police officers on the streets.

Environment

• Work to a 70% target for recycled waste and a maximum of 5% to be sent to landfill by 2015.
• Secure further investment and jobs in the renewables sector as part of the Transition to the Low Carbon Economy.
• Deliver on climate change targets in place to 2022.

Constitutional change

• Continue to press for the Scottish Parliament to take on responsibility for management and revenues of the Crown Estate, for new powers on Corporation Tax and more extensive capital borrowing powers.

Further information

If you have any queries in respect of the information in this Parliamentary and Public Law Bulletin, please contact our relevant specialists or for general enquiries about the work of the Parliamentary and Public Law Unit, please contact Fiona Killen on 0131 625 7296 or Lorraine Balfour on 0131 270 7956.
 

This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.