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There is no precise definitionor definitive description of an acute district general hospital. Acute hospitalsprovide a wide range of specialist care and treatment for patients. These serviceswill vary depending on geographical location, proximity to other acute hospitalsand specialists centres, and the skills and experience of clinical staff. Servicesat a district general hospital could include: consultation with specialist clinicians(consultant medical staff, nurses, dieticians, physiotherapists and a wide rangeof other professionals); emergency treatment following accidents; routine and complexsurgery; specialist diagnostic procedures, and close observation and short-termcare of patients with worrying health symptoms.

Current plansapproved by NHS Lothian Board include the relocation of colorectal surgery fromthe Western General Hospital to the Royal Infirmary of Edinburgh to concentrateall general surgery on one site and to ensure compliance with the EuropeanWorking Times Directive.

The Scottish Executiveis not aware of any problems with the Scottish Environment Protection Agency’s existingpowers to investigate operators who may be polluting the environment. There are,therefore, no plans to introduce any additional legislation.

I refer the member to the answerto question S3W-2512 on 7 August 2007. All answers to written parliamentary questions areavailable on the Parliament's website the search facility for which can befound at: http://www.scottish.parliament.uk/webapp/wa.search.

The levels of fines imposedon companies which breach the provisions of the Environmental Protection Act1990 are a matter for the courts, which consider the circumstances of eachcase, including the value of a deterrent, individually.

A company which breachesSection 33(1) of the Act may be fined up to £40,000 in summary proceedings.However, in proceedings on indictment the fine which may be levied on a companyfound guilty of such a breach is without limit. The choice of procedure is amatter for the Procurator Fiscal.

The Scottish Executive isexamining all funding for future years as part of the spending review process.

In this context I note thatmost of the range of offences which may be committed against the provisions ofSection 33 of the Environmental Protection Act 1990 are regulated and enforcedby the Scottish Environment Protection Agency. Any court action is, of course,a matter for the Procurator Fiscal and the Crown Office bears the costs.

In respect of offencesagainst the provisions of Section 33(1)(a) and (c) local authorities, togetherwith the Scottish Environment Protection Agency and the police, enjoy powers toissue Fixed Penalty Notices. The penalty in this case is currently £50.Whichever body issues the notice, the fines are payable to and may be kept bythe local authority.

The Independent ScrutinyPanel will be appointed soon.