Where scheduled weeds are found on agricultural land, the occupier is asked to take control action to control the spread of the weeds. Where weeds are found on other land, the case is referred to the appropriate authority.

Where persuasion fails to secure action, the Executive will serve a notice requiring the occupier to take control action within a specified period. Failure to comply with this notice is an offence, and can lead to prosecution. The Executive has served five notices in the last ten years. It has not been necessary to bring prosecutions in any of these cases.

The Weeds Act 1959 also empowers Scottish ministers to take control action themselves and recover the costs of this action from the occupier of the land.

It is already an offence to plant or otherwise cause to grow in the wild certain invasive non-native plants including giant hogweed (Heracleum mantegazzianum). Penalties on summary conviction include imprisonment for up to six months and/or a fine not exceeding £40,000.

A Horticultural Code of Practice for Scotland was launched on 1 June 2005. This provides practical information on how to help prevent the spread of undesirable plants, including invasive non-native species (this can be found at www.scotland.gov.uk/invasivespecies).

As a result of the extent and nature of his previous criminal record and the assessment of his risk, the decision was then taken to put in place with immediate effect an intensive monitoring and support package. The Scottish Executive agreed to meet the costs of the supervision package under Section 27 of the Social Work (Scotland) Act 1968. The principal components of this funding package were the accommodation costs incurred by Aberdeen City Council and the 24 hours supervision services provided by SACRO on behalf of the authority. The cost of these services was as follows.

In addition, Grampian Police incurred costs of £7,238.16.

The funding issues involved in this type of case are fortunately rare and require to be considered on a case by case basis to ensure appropriate resources are in place to maintain community safety. It is considered that overall these provisions work well and there presently are no plans to review the arrangements.

The Scottish Executive Environment and Rural Affairs Department has produced a weeds guidance document for the public. This leaflet provides information about recognising ragwort, its toxicity and dangers, methods of control and disposal, the procedure for making a formal complaint, and contact details for all the Department’s Area Offices. The leaflet is available from any of the Department’s sixteen Area Offices around Scotland.

Our proposals for a draft Animal Health and Welfare (Scotland) Bill seek to impose a duty on people to ensure that an animal’s needs are met. This includes its need to be protected from injury, pain and suffering. Allowing a horse or other grazing animal vulnerable to ragwort poisoning to graze on ragwort would be an offence.

Support for the control of invasive non-native plants such as giant hogweed (Heracleum mantegazzianum) may in certain circumstances be available from Scottish Natural Heritage in areas where nature conservation interests are threatened.

Scotland's Renewable Energy Potential: Realising the 2020 Target, published by the Forum for Renewable Energy Development in Scotland on 20 June 2005, indicated that the scope for additional hydro schemes could amount to as much as 200MW. The report is available from the Scottish Parliament Information Centre (Bib. number 36765).

Note: *For 1999 and earlier years, it is not known whether complaints included more than one site.

Data for 2005 are complaints received by 24 August. Data for previous years include all complaints about injurious weeds received during the full calendar year.

Where an occupier fails to comply with a notice, the Weeds Act 1959 also empowers Scottish ministers to take control action and recover the costs of this action from the occupier of the land.

Local authorities have powers under Section 179 of the Town and Country Planning (Scotland) Act 1997 to serve notice requiring occupiers to deal with any land whose condition is adversely affecting the amenity of other land in their district. If the occupier fails to comply with the notice, the planning authority may take control action and recover the costs of the action.

Section 1 of the Roads (Scotland) Act 1984 places a general duty on local authorities to maintain local roads and verges, including controlling ragwort. Where ragwort is apparent on trunk road verges, embankments or central reserves, the Trunk Roads Maintenance Contracts require the operating companies, BEAR Scotland Ltd and Amey Highways Ltd, to control it by undertaking treatment, including hand pulling operations. The services and performance of these companies is monitored by an independent Performance Audit Group, appointed by the Executive. Appropriate action will be taken by the Executive if the requirements of the contract with regard to weed control are not met.

It is an offence to plant or otherwise cause to grow in the wild certain invasive non-native plants including Giant Hogweed (Heracleum mantegazzianum). Penalties on summary conviction include imprisonment for up to six months and/or a fine not exceeding £40,000. Local authorities may also take action where invasive non-native plants such as Giant Hogweed present a risk to public health and constitute a statutory nuisance.