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We Asked, You Said, We Did

Below are some of the issues we have recently consulted on and their outcomes.

We asked

We asked for your views on draft proposals aimed at improving the regulations surrounding Experimental Orders for all Road Authorities in Scotland.  We also sought your views on the potential need for changing the regulations that govern Redetermination Orders and Loading Bays. 

You said

We received a total of 450 responses to the public consultation.  In relation to ETROs, many individuals, organisations and local authorities are not content with the current system (71%). 

When considering responses to Loading Bays and Redetermination Orders there was clear division in the types of responses received. It is our conclusion that further work is required to assess the demand for legislative change in these areas. 

We did

We have published non-confidential responses to the consultation and an analysis of the consultation responses (link below).  Preparations are now underway for new regulations and the feedback received from this consultation will help shape that process.

The full analysis report can be found at;

https://www.transport.gov.scot/publication/consultation-on-traffic-regulation-orders-public-consultation-analysis-report/

We asked

We consulted on a series of questions relating to the qualifying criteria for  pardoning Miners convicted of certain offences relating to the Miners' Strike of 1984-85.

You said

The findings from the consultative response indicated that there was broad support for the pardon and that the only relevant qualifying criteria should be the range of offences to be covered by the pardon.

We did

A Miners Strike Pardons Bill was announced in September 2021 as part of the Scottish Government's 2021-22 legislative programme. The findings of the consultative response will be used to inform the drafting of the Bill.

We asked

The Abortion (Scotland) Regulations 1991 set out requirements which must be met in relation to notifications of abortion made to the CMO.  The Regulations require that notifications must be completed on a paper form (commonly referred to as the ‘yellow form’) and sent by post or delivered in a sealed envelope to the CMO within seven days of the termination. The required information to be provided on the yellow form is set out in the Regulations and requires certain information to be provided about the abortion carried out. The CMO’s office then deliver the notification forms to Public Health Scotland (PHS), which uses the information in the form to prepare the abortion statistics.

The consultation proposed that the Regulations should be amended to enable the notification of an abortion to be sent electronically in future and sought views on the timeframe within which notifications must be made. The consultation also proposed changes to the content of the notification itself. The proposals would mean that providers would in future only provide a simple notification confirming that an abortion had been carried out to the CMO and so would no longer need to submit the yellow notification forms. Further details of the abortion would be submitted directly to PHS via secure electronic means, to allow it to produce abortion statistics.

You said

35 responses were submitted to the consultation, including fifteen from organisations. Overall, responses to the consultation were in favour of the proposed changes, with the greatest support for enabling electronic submission of notifications (91%), followed by permitting a period longer than seven days in which to do so (79% of those who answered the question) and enabling data to be provided directly to PHS (73% of those who answered the question).  There was more of a split in relation to perceived impacts on privacy of personal data about patients and staff, with 45% suggesting that there would be an impact and 34% suggesting there would not.

Comments in support of the specific proposals mainly focused on the benefits in terms of streamlining processes, providing increased flexibility and increased data privacy.  The future data requirements was a key area of focus for those who caveated their support for the proposals, including the need to ensure transparency about data requirements and the opportunities for increased/improved data collection.  Responses also focused on the practicalities of moving from one system to another and the need to ensure synchronisation and no data loss as a result.

We did

An analysis of the responses to the consultation has been published on the Scottish Government website and can be viewed here:  https://www.gov.scot/ISBN/9781802010749 Where consent to publish has been provided, the consultation responses are now available to view online.

The responses to the consultation will help inform the development of Regulations to amend the Abortion (Scotland) Regulations 1991.  

We asked

We asked you to comment on the draft Public Engagement Strategy for Climate Change, which provides a framework for engaging Scotland’s citizens in the transition to net zero emissions by 2045.

A consultation on the draft strategy was open for over three months, from 16 December 2020 to 31 March 2021. Through 19 open consultation questions, we asked for your views on important aspects of the strategy including the overall approach, strategic objectives and principles, the green recovery, COP26 and monitoring and evaluation.

You said

We received 178 responses to the consultation: 139 submitted via the online consultation platform Citizen Space and a further 39 submitted by email in an alternative format. 40 responses were from individuals and 138 from organisations.

A range of informed individuals and stakeholders shared their views and ambitions for how the Scottish Government can successfully communicate with individuals and communities and encourage the public’s participation in decision making. Your responses provide an essential evidence base for the Scottish Government to draw upon when developing and implementing the final Public Engagement Strategy.

We have published the responses received on https://consult.gov.scot where the respondent has given permission for us to do so. 

We did

We published the analysis of the consultation responses, completed by independent social research company The Lines Between.

There is evidence across responses that the strategy is welcomed, with broad endorsement of the objectives and principles included in the approach. As such, we will retain the broad objectives, principles and approach detailed within the strategy.

Some of the more significant points in the analysis included:

  • Include more detail on activities – we will include more detail on previous and planned activities and use a range of short case studies to showcase best practice. We will also include a Theory of Change model to show how input and activities translate to outputs, outcomes and impacts.
  • Show how activities relate back to the objectives and principles – we will use a range of icons and/or coloured text to clearly highlight where activities align with and contribute to the objectives and principles.
  • Consider language and wording of the principles – we will include more detail on each principle, and consider the language, particularly around ‘dialogue’ and ‘people’.
  • Not to add any new objectives – we will not add any new objectives.

Some of the other points in the analysis included:

  • Link the strategy to wider climate change context and other strategies – we will highlight links to the National Performance framework, Climate Change Plan update and Participation Framework.
  • Strong support for the use of trusted messengers – we will retain the emphasis on the use of trusted messengers and add further detail on who they are and how they will be supported.
  • Strong support for deliberative approaches and the Climate Assembly – we will include lessons learnt from the Climate Assembly and more detail on community climate action and youth participation and how these groups are supported to participate.
  • Scottish Government to collaborate with a range of organisations and sectors and use a range of communication channels – we will include detail on how we intend to work with other organisations and sectors and set out the channels we intend to use and how we will reach those least engaged.
  • Ensure communication is sufficient in scope, clear and relevant – we will commit to raising awareness of climate terms, avoiding technical terms, having clear and consistent messaging on action in Plain English and tailoring messaging to different audiences.
  • Highlight the positive benefits of a green recovery – we will include more detail on the co-benefits of a green recovery and emphasise that all sectors have a role to play.
  • COP26 being a unique opportunity to engage the public around climate change – we will include details of our COP26 public engagement work.
  • Accessibility of the strategy – we will produce the final strategy in PDF, html, Easy Read, large print and BSL formats to increase accessibility.
  • Monitoring and evaluation – in line with feedback we will commit to producing progress reports and an end-of-life evaluation, using a range of qualitative and quantitative methods, and using clear language and visuals to ensure inclusivity and accessibility.

The response to the consultation will be incorporated into the final version of the Public Engagement Strategy, which will be published on the Scottish Government website in September.

We asked

We sought views on draft guidance on the promotion and use of mediation in the Scottish planning system, primarily in pre-application consultation and in development planning. We also asked for people’s views on potential links with the fourth National Planning Framework and new development  planning provisions.

A public consultation took place between 15 December 2020 and 12 March 2021.

You said

We received 41 responses to the consultation of which 31 were from groups/organisations and 10 from members of the public.

We did

Craigforth were commissioned to undertake an independent analysis of all responses.  The report Planning system - promotion and use of mediation - draft guidance: consultation analysis presents the findings from the public consultation and explains the methodology that was used to analyse responses.

Where permission to publish has been provided, the consultation responses are now available to view online.

The responses, together with the analysis report, have informed and shaped the guidance in Planning Circular 2/2021 - planning system - promotion and use of mediation: guidance which was published on 21 July 2021.  

In light of the consultation responses, we are currently considering how the use of mediation can be supported through National Planning Framework 4 and what, if any, scope there may be for further links with the new development plan system.

We asked

Following on from a previous consultation in 2019 we asked specific questions on how proposals put forward by the Scottish Charity Regulator (OSCR) about improvements to charity regulation in Scotland could be implemented.

The proposals broadly focus on changes to charity law that would increase transparency and accountability in charities and enhance regulatory powers for OSCR. The aim being to maintain public trust and confidence in charities and OSCR.

You said

We received 100 responses to the survey from a range of individuals, charitable organisations and others with an interest in charity law. 

The majority of respondents showed continuing support for the proposals in the survey and ways in which they could be achieved.

We did

We have published the responses that gave permission and an analysis report of the survey responses: Analysis Of Responses To Engagement On Strengthening Scottish Charity Law - gov.scot (www.gov.scot).

We will continue to work with OSCR to establish the practical implications of the proposals on the organisation and publish the next steps before the end of the year.

We asked

We asked for your views on our draft recovery plan for the manufacturing sector – Making Scotland’s Future: A Recovery Plan for Manufacturing.

You said

We received a total of 53 responses. The majority of responses (43) were submitted through the Scottish Government's Citizen Space consultation hub. The remaining were submitted via email.  41 responses were from organisations with the remaining 12 from individuals.

We have published the responses received where the respondent has given permission for us to do so.

We did

We published an analysis of the consultation responses:

Manufacturing recovery plan: consultation analysis – March 2021 - gov.scot (www.gov.scot)

The response to the consultation has been incorporated into the final version of the plan which is published on the Scottish Government website:

Making Scotland's Future: A Recovery Plan For Manufacturing Final – June 2021 - gov.scot (www.gov.scot)

We asked

We asked for your views on a revised draft of the National Guidance for Child Protection in Scotland. This non-statutory Guidance describes the responsibilities and expectations for everyone involved in protecting children in Scotland. The Scottish Government worked collaboratively with stakeholders and partners from across education, social work, police, health, justice and the third sector to draft a wholescale revision of the 2014 version of the Guidance.

 

The public consultation on the draft guidance opened on 21 October 2020 and closed on 31 January 2021. In addition to the main public consultation, seven virtual stakeholder engagement events were held during November and December 2020 to engage with Child Protection Committees and practitioners, with a facilitated discussion structured around the consultation questions.

You said

A total of 159 consultation responses were received from a wide range of organisations and individuals. Where respondents have given their permission, responses have been published on Citizen Space. The number and diversity of respondents is a welcome sign that protecting children is increasingly seen as everyone’s responsibility.

 

The vast majority of the responses were very positive with a range of constructive suggestions for revision and improvement. There were some suggestions for revision that are more appropriate for local processes and operational guidance and other suggestions and views which will inform delivery of wider strategic developments.

We did

Responses were analysed by an independent company, Craigforth, and their analysis report is included as an Annex in the full response to the consultation, which will be published on the Scottish Government website. All responses were carefully considered in conjunction with the analysis report. We subsequently engaged directly with some respondents to better understand and reflect their views. The revisions to the Guidance were agreed by the National Guidance Steering Group and approved by the National Child Protection Leadership Group in June 2021.

We asked

We asked for your views on a draft new air quality strategy for Scotland.

You said

The analysis of consultation responses provides a summary of respondents' views.

We did

Cleaner Air for Scotland 2 - consultation on a draft new air quality for Scotland: Scottish Government response

On 22 March 2021 the Scottish Government published an analysis of responses to the recent consultation on a draft new air quality strategy for Scotland.  This statement sets out the Government’s response to the consultation and the next steps for finalising the strategy.

Within the broad support for the overarching aims of the strategy, a wide and diverse range of views was expressed by respondents.  Many respondents noted that fully integrating the new air quality strategy with related Government plans, programmes and strategies will be crucial to its success.  A related requirement is the need to take account of policy developments since the consultation was launched in October 2020 and to consider the broader context of the ongoing Covid-19 pandemic. 

There are five key areas where we plan to update the draft strategy to reflect consultation feedback and recent development. These are:

  • Updating our assessment of the links between the pandemic and air quality, with a focus on health;
  • Strengthening the delivery of co-benefits for air quality and climate change, following publication of the Climate Change Plan update and in the run up to the establishment of a Scottish Nitrogen Balance Sheet;
  • In line with consultation feedback, placing a stronger emphasis on demand reduction within the transport element of the strategy;
  • Coupling the development of the voluntary code of good agricultural practice for improving air quality in Scotland with greater emphasis on the use of advisory services and support mechanisms for farmers and crofters to effect change; and
  • A commitment to develop a delivery plan to provide more specific information about responsibilities and timelines for implementation of the main actions in the strategy, again to reflect consultation feedback.

 

Further commentary on these is set out below.

The draft strategy discussed some of the high level initial findings around the direct links between Covid-19 health impacts and air quality, and also the reduction in traffic levels during the first part of the lockdown. The body of evidence has been added to significantly since this time and will be reflected in the final strategy, together with the implications for air quality of wider Covid-19 recovery plans.

The publication of the Climate Change plan update (CCPu) has set out a pathway to Scotland’s economy-wide emissions reduction targets over the period to 2032.  In many areas, including industry, transport, heat and agriculture, there are significant co-benefits for air quality from our action to reduce greenhouse gas emissions. The updated strategy will provide stronger linkage across to the CCPu and its delivery structure, with the aim of maximising these co-benefits.

An important element of consultation feedback was the need to focus more on demand reduction measures within the transport section of the strategy. With the publication of the CCPu and the delivery plan for National Transport Strategy 2, we now have a number of more concrete demand reduction measures to incorporate within the final strategy, including important commitments to a 20% reduction in car kilometres by 2030 and further development of the concept of 20 minute neighbourhoods.

There was a consensus amongst respondents that many of the proposed actions, while positive, require more detail in terms of responsibilities, outcomes and timelines.  These points will be addressed in a delivery plan which will accompany the strategy. We have made a clear commitment to working closely with the agricultural sector, business, industry and other partners when taking forward the actions relating to these policy areas, and this commitment will be reaffirmed in the final version. 

Collectively these actions will build on the successes to date in improving air quality in Scotland and will deliver further positive change over the next five years.

The final strategy will be published later in 2021.

 

We asked

For views on a draft of Scotland’s Land Use Strategy 2021 – 2026, including its vision, objectives and a new approach to make the Strategy more accessible to those with a wider general interest in land.

You said

We received a total of 86 responses to the public consultation, split almost evenly between organisations and individuals. 45 (52%) of these were from organisations, including membership representative bodies, businesses, campaign groups, charities, public sector bodies and research institutions. The remaining 41 (48%) responses were submitted by individuals.

In general responses to the draft Strategy were positive. Key proposals such as the move to a landscape approach were endorsed as a promising way of making the Strategy accessible and engaging beyond traditional land-based sectors. There were comments and requests for changes to be made to the detail, structure and presentation of the document where often no consensus could be reached.

We did

We have published responses to the consultation, where permission has been given to do so by respondents, and an independent analysis of the consultation responses (link below).

Alongside the final Strategy we have published our official response outlining the approach to consultation and explaining how consultation responses informed the final content and structure of the Strategy. This document is available at: https://www.gov.scot/isbn/9781800048577

We asked

We asked for views on three options for allocating Additional Quota in 2021 and alternative allocation mechanisms.

You said

We received 69 responses to the consultation from a broad cross-section of stakeholders including fishers, environmental groups, industry representative groups and interested individuals. 

We did

To summarise, for 2021 the Scottish Government will:

  • Allocate the greater share of Additional Quota on the basis of historic track record for the reference period 2015-2019, to vessels active as of 1 January 2021.
  • Allocate a portion of Additional Quota to the non-sector.  

An analysis of responses and details are set out in the outcome report: www.gov.scot/isbn/9781800048638

We asked

We asked for your views on a proposed approach to establishing a national Nitrogen Balance Sheet for Scotland. The consultation included six questions of which five offered multiple choice options on the degree of support for the proposals set out. We also asked for any further comments on the specific questions and more generally.

You said

In total, 27 responses to the consultation were received from individuals (9) and organisations (18). Across all of the consultation questions, there was a high level of support for our proposed approach. At least 25 out of the 26 respondents to each multiple-choice question supported (either fully or partially) the proposals.

In summary, there was much consensus among respondents on:

  • Scope: wide support for the SNBS being as comprehensive as possible in terms of its coverage and level of detail for all sectors of the economy and the environment.
  • Spatial resolution: wide support for a national SNBS being extended to a range of more detailed spatial scales, but also some concerns about data availability and potential burdens associated with any new data collections.
  • Setting targets: support from most respondents for the setting of targets for improving nitrogen use efficiency based on the SNBS, once the evidence base is sufficiently established to allow for this to be done robustly.
  • Update/review frequency: support from most respondents for the SNBS being updated on an annual basis, but also some concerns that this frequency might only be appropriate for the headline figures.
  • Accessibility of outputs: wide support for the outputs associated with the SNBS being made as accessible as possible, subject to this not compromising technical robustness.
  • Integrated policy development: wide support for the SNBS being fully integrated with other policy frameworks and strategies.

Other suggestions included:

  • Many respondents suggested a range of wider actions for reducing nitrogen losses and improving nitrogen use efficiency.
  • Several respondent organisations made positive offers of collaborative working around the ongoing design and future implementation of the SNBS.

We did

We have carefully considered your responses.

The majority of responses were supportive of all of the Scottish Government proposals for establishing the Scottish Nitrogen Balance Sheet. As a result, we will begin the process of preparing draft legislation to establish the Balance Sheet on the basis of these approaches. This Statutory Instrument - along with its accompanying documentation – will be laid in the Scottish Parliament well in advance of the March 2022 deadline for establishing the Balance Sheet.

We asked

We asked for views on the proposal to make the M8 and M9 Trunk Roads (Newbridge to Hermiston Gait) (Actively Managed Hard Shoulder and Speed Limit) Regulations and in particular comments in relation to the bus lane provisions.

We specifically asked for reference to operational or safety considerations by consultees in support of their comments.

We noted that consultation has been undertaken on the previous actively managed hard shoulder regulations.

You said

Twelve responses were received to the consultation. Five of these were from organisations and seven from individuals. The respondents included a local authority, a public transport organisation, a business group and seven members of the public.

The general feedback from organisations was supportive of the intention to introduce an AMHS.

Comments were received from a number of individual consultees that referred to the use of the hard shoulder as a running lane for vehicles and the impact of the availability of the facility in an emergency. It is noted that the design maintains the hard shoulder facility for use in an emergency and provides additional emergency refuge areas.

A number of the organisations who responded were supportive of the proposals, highlighting the benefit that they will bring to public transport and the promotion of bus travel in particular.

We did

All of the consultation responses have been carefully considered and it was not considered necessary to amend the proposed content of the Regulations.

The Scottish Ministers intend to make the regulations and lay them before the Scottish Parliament with the regulations coming in to force in time for the completion of the project.

We asked

Early medical abortion at home, and the changes adopted in March 2020, has been an important measure to ensure abortion services have continued to be delivered throughout the pandemic, without delays.  The March 2020 approval allows patients to take mifepristone at home (in addition to misoprostol) following a telephone or online consultation while the coronavirus continues to pose a serious and imminent threat to public health in Scotland, and a doctor, or a nurse under the direction of a doctor, considers that it is not advisable or possible for the person to attend a clinic. In line with the Scottish Abortion Care Providers guidelines, both drugs should only be taken at home where it is considered clinically appropriate for the patient, and where the patient wishes to do so.

The consultation sought views on whether the current arrangements should continue once there is no longer a significant risk of COVID-19 transmission.  The consultation additionally sought views on the impact on the current arrangements on women accessing services, including on safety; those delivering services; any risks associated with the arrangements and related mitigation, and equalities, socio-economic and geographical implications.

You said

The Scottish Government is grateful to those who took the time to respond to the consultation.  The responses showed very differing views on whether or not the current arrangements should continue.  While some respondents felt that the current approach should be made permanent, others raised various concerns, particularly about potential safety risks. An independent analysis of the consultation responses can be found at https://www.gov.scot/isbn/9781800048560

We did

In order to ensure robust evidence is available, the Scottish Government will commission an independent evaluation to assess the effectiveness of the current approach, including in relation to safety.

The current March 2020 approval will remain in place while this evaluation is undertaken. Scottish Ministers will consider future arrangements once this evaluation has been completed.

We asked

In October 2020, Registers of Scotland (RoS) launched a public consultation to seek views on its proposals to increase some of its statutory fees to return it to a cost-neutral position. The consultation ran from 26 October 2020 to 24 December 2020. It was hosted on the Scottish Government’s Citizen Space consultation hub, where people could post their responses. Announcements were posted on the RoS website, by email, and via RoS social media channels to confirm that the consultation was live and to encourage responses while it was live.

You said

In total, 44 responses to the consultation were received from individuals and organisations across the public and private sectors; nine responded on behalf of organisations and 35 as individuals. The consultation included eight question of which seven included a yes/no response.

There was widespread support for the proposals. The question: ‘Do you agree that rejection fees should be removed?’ received the most positive response with more than 90% of respondents agreeing with the proposed change. The question which elicited a significant number of neutral or negative responses was: ‘Do you agree that Registers of Scotland should review its statutory fees on an annual basis?’ with only 55% in favour. The remainder of the questions which included yes/no responses received positive responses of between 75% to 88%.

We did

The consultation responses have been carefully considered and published. Only answers from respondents who gave permission have been published. However, all responses are included in the analysis of this consultation.

The majority of respondents supported the proposals to alter RoS’s statutory fees. As a result, a Scottish Statutory Instrument has been laid in the Scottish Parliament and will go through the parliamentary process.

We asked

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 2020” and replace it with a new Regulation to account for the running costs of £915,000 for the 2021/22 financial year.

You said

In total, twelve responses to the consultation were received, primarily from roads authorities.

There was  support for the proposal: eleven of the twelve responses gave full support; and one gave no answer (yes/no) to the specific question, while providing a paragraph supporting the increase in fees for 2021 on the proviso that the portion their organisation would pay followed the existing process, this has been included as supporting the proposal. One other organisation confirmed support and agreed that the existing mechanism for splitting the overall figure should not change unless specifically consulted on. Two other responses described the range of functionality of the register and the fair overall cost of the service as reasons to support this small increase in cost.

We did

The consultation responses have been carefully considered. All of the respondents supported the proposal to replace the 2020 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2020”, and replace it with a new Regulation as proposed.

We asked

The Judicial Mandatory Retirement Age consultation invited views on the mandatory retirement age (MRA) for devolved judicial office holders (JOHs) in Scotland whose MRA falls within the legislative competence of the Scottish Parliament.

You said

There was strong support for the proposal to raise the MRA, with the majority of respondents (73.2%) in favour of raising. Of those who were in favour of raising, the majority (75%) were in favour of 75 instead of 72. The most common reason given for supporting a raise in MRA was that it would help to retain skills and experience within the judiciary.

The majority of respondents (59.4%) were in favour of maintaining parity with the UK, should the MRA be raised for reserved judicial offices. The most common reason for preferring to maintain parity was to ensure equity for JOHs in Scotland with those in the rest of the UK.

The consultation analysis paper can be found here

We did

The Cabinet Secretary for Justice has decided that the MRA for devolved judicial office holders in Scotland should be raised to 75, as it will be for the judiciary in other parts of the UK and the reserved judiciary.

In making this decision, the Cabinet Secretary took into consideration the responses to the consultation, the possible impacts of any change on the diversity of the judiciary in Scotland, and the principle of parity between Scottish judicial office holders and those in the rest of the UK, which is an issue of great importance to the Scottish judiciary. This decision, in particular, ensures that the principle of parity continues and that Scottish judicial office holders are treated comparably to other judicial office holders in the rest of the UK as regards MRA.

We asked

We sought views on proposals to launch a new statutory national concessionary travel scheme providing free bus travel for young people resident in Scotland up to their 19th birthday. The purpose of this consultation was to set out the proposed arrangements for the new scheme and options for how the scheme operates.

You said

We received 3075 responses to this consultation  including 2984 (97%) from individuals and 91 (3%) from organisations. 

There was overwhelming agreement that the proposal would contribute towards objectives to increase opportunities and reduce inequalities for children and young people, with 91% of all respondents agreeing that it would. Dominant views included that the scheme would improve access to employment and education, contributing to equality of opportunity and allowing young people to make training and education choices based on preference and skills rather than transport affordability.

While most respondents (72%) felt that there were no disadvantages to introducing free bus travel for under 19s, there was some disparity between different groups of respondents in this regard. Just under half of organisations (46%) perceived that there may be disadvantages, and these were typically linked to costs of administering and delivering the scheme.

The large majority of respondents (88%) supported the use of a smart card to establish eligibility for the scheme. There was strong support (61%) for parental/guardian approval of travel card applications.

View submitted responses

View analysis of the consultation responses

We did

We are working to introduce a new statutory scheme to allow 5-18 year olds resident in Scotland to access free bus travel through the National Entitlement Card. Legislation was introduced into the Scottish Parliament on 21 January which, if approved, will enable us to begin preparations for the new scheme. The scheme will start operating as soon as practicable during the 2021-22 financial year.

View information on the legislation and plans for the new scheme

We asked

The Scottish Government intends to pass legislation that will include Integration Joint Boards as Category 1 responders under Schedule 2 of the Civil Contingencies Act 2004. Do you, or the organisation that you represent, envisage this change to have any significant wider impacts or unintended consequences under the Equality Act 2010 including the Fairer Scotland Duty?

You said

Of the 42 valid responses received, 16 made no comment about potential equalities impacts. Of the 28 responses which did comment on equalities impacts, the vast majority felt that there were no potential equalities impacts. Four felt that there were negative equalities impacts but no responses mentioned any of the specific protected characteristics.

We did

The proposal to legislate has emerged from evidence during the Covid-19 pandemic, referenced by the Health and Sport Committee on the 17 June 2020. In light of no protected characteristics being identified as adversely impacted by the decision and that resource requirements are anticipated to be limited as this should be a minimal extension to existing duties, the Scottish Government will lay an amendment to the Civil Contingencies Act 2004 to make Integration Joint Boards Category 1 responders under Schedule 2.

We asked

The Human Tissue (Authorisation) (Scotland) Act 2019 (‘the 2019 Act’) provides a framework for the authorisation and carrying out of medical procedures which are necessary to facilitate transplantation, helping ensure transplantation is as safe as possible for the identified recipient.  These are termed in the Act as ‘pre-death procedures’.  When the 2019 Act is implemented on 26 March 2021, pre-death procedures must be specified as either Type A or Type B in order for them to be carried out.

We asked for views on a proposed list of medical procedures to be specified as Type B pre-death procedures, what conditions might be attached to their completion and how they may be authorised to be carried out.  

You said

15 responses were submitted, including five from organisations. Responses were from those directly involved or with knowledge of the deceased donation and transplantation pathway across NHS Scotland.

Generally, the majority of respondents expressed support for the proposals. The majority of comments were focused on the proposed conditions, particularly a requirement for two registered medical practitioners to agree that the conditions were met for carrying out a specified Type B procedure.

We did

The responses to this consultation have informed the content of the Human Tissue (Authorisation) (Specified Type B Procedures) (Scotland) Regulations, which have now been laid before the Scottish Parliament on 11 January 2021 and can be viewed here: https://www.legislation.gov.uk/sdsi/2021/9780111048580/contents

Where permission to publish has been provided, consultation responses are now available to view online.

An analysis of the responses to the consultation has been published on the Scottish Government website and can be viewed here: https://www.gov.scot/isbn/9781800045491