- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 31 July 2002
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Current Status:
Answered by Ross Finnie on 26 August 2002
To ask the Scottish Executive in what circumstances the factors in section 85(6)(a) of the Land Reform (Scotland) Bill would not be taken into account in assessing the value of croft land.
Answer
In assessing the value of croft land, a valuer would only not take account of the matters set out in section 85(6)(a) where these matters do not arise.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 31 July 2002
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Current Status:
Answered by Ross Finnie on 26 August 2002
To ask the Scottish Executive whether any detriment to the seller of land under the crofting community right-to-buy will be taken into account when assessing whether an application is in the public interest under section 71(1)(o) of the Land Reform (Scotland) Bill.
Answer
In considering whether any crofting community right to buy application is in the public interest, ministers will be bound to take account of all the information contained in the application, the responses to the application and in further comments from the applicants. In addition ministers will be bound to use all that information to assess the implications and impact of granting or refusing the application for the parties, for the wider local community, for particular sectors of the community, for the future management of the land and for a wide range of public policy issues. Only after having made such an assessment will ministers be in a position to decide whether an application is in the public interest.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 31 July 2002
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Current Status:
Answered by Ross Finnie on 26 August 2002
To ask the Scottish Executive how many salmon fishings fall within the definition of "eligible croft land" in section 67(4)(b) of the Land Reform (Scotland) Bill.
Answer
The Scottish Executive has no reason to collect such information and has not done so. In any case this is information that can only be readily established through local enquiry. In our view most salmon fishing proprietors will already know whether their salmon fishings are liable to fall within the definition of "eligible croft land". For those that do not it should be relatively straightforward to establish the circumstances of individual salmon fishings on a case by case basis by making local enquiries. A table sent to the Justice 2 Committee on 14 February 2002 listed all the Scottish river systems that are believed to hold salmon and indicated where parts of particular systems were known to run across croft land.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive how litigants may make representations in respect of the conduct of a sheriff who they feel has not competently handled the case.
Answer
It is open to parties in a case to appeal against a decision of a sheriff to a higher court. If litigants wish to register a complaint about the actings of a sheriff they may write to the Sheriff Principal of the relevant sheriffdom or to the Judicial Appointments Division of the Scottish Executive Justice Department, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive what powers it or the Lord Advocate has to discipline any sheriff found to be incompetent to perform the functions of the office.
Answer
Under Section 12 of the Sheriff Courts (Scotland) Act 1971 the First Minister may establish an investigation into the fitness for office of any sheriff. During such an investigation the sheriff may be suspended from office. If the First Minister receives a report to the effect that a sheriff is unfit he may make an order removing the sheriff from office. The order would be subject to the approval of the Scottish Parliament.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive how sheriffs' performance is assessed.
Answer
Sheriffs are independent of the Executive and there is no formal assessment of performance. Complaints about performance may be investigated in the manner described in the answer given to question S1W-27835 today.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive with what on-going training programmes sheriffs are required to comply.
Answer
Training is not compulsory although the practice is for all new members of the Judiciary to attend induction training at the time of their first appointment. Training programmes are organised and run by the independent Judicial Studies Committee which is funded by my department. The programme has been extended in recent years to include refresher training for experienced people and I am advised that substantial numbers of sheriffs attend training events.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 1 July 2002
To ask the Scottish Executive whether it has undertaken or commissioned any research into the likely effect on salmon fishings of the existence of the provisions to acquire salmon fishings compulsorily in Part 3 of the Land Reform (Scotland) Bill and, if so, whether it will publish this research.
Answer
No such research has been undertaken or commissioned by the Scottish Executive nor do we believe such research is needed. We are satisfied that any temporary uncertainties created by those who oppose the legislation will be resolved once the legislation is enacted. Once the minimal risks to owners are properly understood, the market will ensure that there is no long-term impact.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 05 June 2002
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Current Status:
Answered by Ross Finnie on 19 June 2002
To ask the Scottish Executive what compensation will be paid to the owners of salmon fishings, sporting rights and mineral rights for any immediate losses in the market value of their holdings as a consequence of the absolute right to buy under Part 3 of the Land Reform (Scotland) Bill.
Answer
The Scottish Executive does not accept that the implementation of legislative provisions for a crofting community right to buy as proposed in Part 3 of the Land Reform (Scotland) Bill will have an adverse impact on the market value of salmon fishings, sporting rights and mineral rights. Consequently we have no plans to pay compensation to owners of such holdings.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what the cost of constructing a parallel link road between Middlebank and Inchture with the flyover under construction at the Inchture Junction of the A90 will be and whether the cost will be higher than the cost would be if the link road were constructed at the same time as the flyover is constructed.
Answer
This situation did not arise as the additional statutory road and compulsory purchase orders required for a link road to Inchture are not in place.