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Legislation governing the obligations of bus and train operators in relation to disability has not been devolved to Scottish Ministers and remains a matter that is reserved to the UK Government.

The Conduct of Drivers, Inspectors, Conductors and Passengers Regulations 2002, place specific obligations on drivers, including allowing a wheelchair user to board a bus where there is an unoccupied wheelchair space, unless the wheelchair is too large or otherwise unsuitable or the carrying capacity of the vehicle would then be exceeded. Where other able-bodied passengers are occupying the wheelchair space, the driver should ask them to move. Passengers are not compelled to move in response to such a request.

The Technical Specification for Interoperability: Persons with Reduced Mobility requires train operators to provide manual wheelchair spaces on trains and ensure that these can be reserved in advance. Where an advance reservation has been made, any unauthorised person occupying that space will be compelled to vacate it. If however if no reservation has been made, whilst any able-bodied persons occupying the space will be asked to move, they are not compelled to move in response to such a request.

We are not aware of any plans for the UK Government to change these regulations. The Scottish Government will consider with operators and disability groups whether there is more that could be done within existing legislation to encourage able-bodied passengers to act responsibly when requested to make way for a wheelchair-using passenger.

The primary responsibility for ensuring bus and train services are accessible rests with the operators of such services.

Legislation governing technical standards for buses and the obligations of bus operators in relation to disability is reserved to the UK Parliament. The Public Service Vehicle Accessibility Regulations 2000 (PSVAR) require new vehicles to have low floor boarding devices and state that any regulated public service vehicle shall be fitted with no less than one wheelchair space. All buses carrying more than 22 passengers and used on local services are required to be fully PSVAR compliant by 2015, 2016 and 2017.

Local authorities have powers to support bus services to meet local needs where the market is not doing so on a commercial basis and are also primarily responsible for the provision of infrastructure such as bus stops and bus stations. Funding for this comes from their general funding settlement.

Similarly, there is a requirement for all mainline trains to be accessible by 2020.

The Scottish Government does not currently provide information to the public regarding public transport etiquette in relation to disabled people. Encouraging good behaviour on buses is primarily a matter for operators, including through their conditions of carriage.

The Scottish Government will continue to consider with operators and disability groups whether more could usefully be done regarding attitudes and behaviour towards disabled bus users.

An exemption from business rates for ‘shootings, deer forests, fishing and fish counters’, often referred to as ‘sporting rates’ has been in place since 1995-96.

The Scottish Government does not hold records of the amount of sporting rates collected, broken down by local authority area, but notes that UK Ministers advised the UK Parliament in 1994 that annual sporting rates income in Scotland were estimated at £2 million.

The warning letters stage of the Penrose Inquiry, which is a complex and detailed part of the process, is not yet complete. I have recently received a letter from Lord Penrose providing a progress update on the work of the inquiry. Lord Penrose has advised that the warning letter process is still ongoing, but he will be in a position to announce a publication date for his report as soon as that process is complete.

All persons who may be the subject of significant or explicit criticism in the report will receive warning letters. There is a duty of confidence in relation to the warning letters, so disclosure of the contents is not permitted. The obligation of confidentiality only ends when the final report is published, which prevents any discussion of the content with the Department of Health at this stage.

My predecessor wrote to Lord Penrose on 11 November 2014 asking if he was yet in a position to provide an update on the publication of his report.

A reply has now been received from Lord Penrose and he has advised that the warning letter process is still on-going but he will be in a position to announce a publication date for his report as soon as it is complete.

As the member will be aware, the Penrose Inquiry is independent of Scottish Ministers and it is for the Chairman, Lord Penrose, to decide on the progress and timetabling of the Inquiry.

My predecessor wrote to Lord Penrose on 11 November 2014, asking if he was yet in a position to provide an update on the publication of his report.

A reply has now been received from Lord Penrose and he has advised that the warning letter process is still on-going but he will be in a position to announce a publication date for his report as soon as it is complete.

As the member will be aware, the Penrose Inquiry is independent of Scottish Ministers and it is for the Chairman, Lord Penrose, to decide on the progress and timetabling of the Inquiry.

I refer the member to the answer to question S4W-23020 on 20 November 2014. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx

Caledonian Maritime Assets Ltd took overall control of the MV Loch Seaforth on 10 October 2014. The vessel’s completion date was not impacted by negotiations over the acquisition of Flensburger Schiffbau-Gesellschaft.

The construction of the MV Loch Seaforth has now been completed and was handed over to CalMac Ferries Ltd on 24 October 2014.

The necessary infrastructure works to enable the MV Loch Seaforth to berth at Stornoway have to be completed before the new vessel can enter service on the Ullapool-Stornoway route.