Scottish Government consultations

We asked for views on a minor amendment to road works legislation. We sought views on the proposal to revoke the Scottish Statutory Instrument,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2021” and replace it with a new Regulation to account for the overall running cost in the 2022/23 and 2023/24 financial years. 

The projected running cost for 2022/23 will decrease to £882,933 from £915,000, a 4% decrease compared to the current figure. The projected running cost for 2023/24 will increase to £950,387, a 4% increase compared to the current figure.

In total, twenty two responses to the consultation were received, primarily from roads authorities. Brief analysis of these responses is detailed below.

There was strong support for the proposal; all twenty-two responses gave full support for the change. This included fifteen responses from roads authorities, four responses from utility or contracting firms, one from a non-departmental public body with statutory rights to excavate in roads, and two from individuals. Of the four utility returns, two are from the same organisation, albeit covering separate operational areas. For analysis purposes these have been considered as a single response.

Six organisations provided additional comments. Three respondents noted that the current apportionment model was fit for purpose. One respondent noted that a review of the apportionment model would be useful in the ‘near future’. Two organisations, both utility firms, noted that a review of the model with specific regard to roads authority use of the register would be beneficial

The consultation responses have been carefully considered. All of the respondents supported the proposal to replace the 2021 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2021”, and replace it with a new Regulation as proposed.

We have raised the issue of apportionment with the body that originally provided the apportionment matrix, the Roads Authority and Utility Committee (Scotland). We have asked that the group review the matrix, and return any comment to Transport Scotland officials before October 2024

In the Scottish Government’s consultation paper "Covid recovery: a consultation on public health, public services and justice system reforms” we asked for your views on our review of the impact of Covid on the Scottish statute book: removing measures no longer needed in order to be able to respond to the Covid pandemic; keeping those where there is demonstrable benefit to the people of Scotland; and considering what new provisions might be made.

Specifically the 12 week full public consultation held between 17 August and 9 November 2021 sought views on:

• Proposals for greater public health resilience, to protect Scotland against future public health threats;
• Proposals for public services and justice system reform, to ensure that the benefits of practical modernisations put in place during the pandemic are maintained; and
• Proposals to respond to the impact of Covid in the justice system specifically, where backlogs have unavoidably built up.

The consultation attracted a lot of interest with almost 3,000 responses being received; the majority of those were from individuals. The exact figures were 2,905 valid responses; 2,775 responses from individuals and 130 organisational responses. All responses represent a valid view and no responses were excluded from analysis.

The responses have been analysed by an external contractor, The Lines Between Ltd.  A full consultation report was published on 26 January 2022.

As is further set out in the consultation analysis report, public health resilience proposals elicited a range of views.

In relation to public services and justice system reform, modernisation, efficiency, and flexibility were themes expressed by those who endorsed extending provisions for public services and justice proceedings to be carried out through remote, virtual, or electronic means.

The provisions for tenancies and protection against eviction attracted many responses.

In relation to the impact of Covid in the justice system, many organisations supported conducting court business by electronic means and virtual attendance.

The consultation responses have been carefully considered, alongside other evidence, in relation to the development of a Covid Recovery Bill which was announced in the Programme for Government 2021-22.

The Coronavirus (Recovery and Reform) (Scotland) Bill was introduced to the Scottish Parliament on 25 January 2022.  Further details are available from this webpage.

We asked for your views on the draft Framework for Tax, specifically we asked for responses to consider new areas that could be included or suggested alterations to existing elements of the Framework as well as more general reflections.

Your views were also sought on how our tax powers should be used in the Scottish Budget for 2022-23 and for the duration of the current Scottish Parliament (2021-2026).

We received a total of 47 responses to the public consultation, with 22 individuals and 25 organisations responding.

The Framework for Tax received positive feedback from a wide range of respondents. The Framework was particularly welcomed for its accessibility, commitment to engagement and its contribution to improving the transparency of Scottish tax policy.

Responses outlined a strong appetite to make the most of existing powers, and to ensure a solid foundation is in place for good practice in tax policy making. Links between different levels of government remain important, with respondents highlighting the need to ensure that the responsibilities of local authorities and the Scottish and UK Governments, as well as fiscal cycles, are clearly articulated.

Respondents expressed a mix of views on how the Scottish Government should use its tax powers moving forward. Some respondents called for stability while we  recover from the impact of the Covid-19 pandemic, and an alignment with UK tax rates. Whereas other respondents called for a more progressive approach to tax, in particular in relation to Income Tax and Council Tax rates.

Additionally, using tax policy to help achieve Net Zero commitments, having a phased approach to increasing Non-Domestic Rates back to pre-pandemic levels, and having a simple, transparent, and easy to use tax system were other key themes in the consultation responses. The consultation analysis report can be viewed in full here.

All of the responses, alongside other evidence, were considered in relation to the draft Framework for Tax and Scottish Budget.

The Scottish Budget for 2022-23 was announced on Thursday 9 December. Our proposed tax policy measures in the Scottish Budget can be found here, while the Scottish Budget 2022-23 document can be accessed here.

The final version of the Framework for Tax was published on Thursday 16 December and can be viewed in full here.

Consultation responses were constructive and provided carefully considered, expert feedback, meaningfully improving the published version of Scotland’s first Framework for Tax.

Two substantive changes include adding a description of the different bodies involved in the development and delivery of tax policy and a reframing of one of Scotland’s tax principles to focus on ‘effectiveness’ enhancing our commitment to tackling tax avoidance activity by designing taxes that minimise opportunities for such activity.