Seòmar agus comataidhean

This is a matter for Scottish Natural Heritage. The information requested is not held centrally.

I refer the member to the answer given to question S1W-19505.

Yes.

I refer the member to the answer given to question S1W-19492.

Information on the number, names and locations of quarries in Scotland can be found in the British Geological Survey's Directory of Mines and Quarries 1998. A copy of this is available in the Parliament's Reference Centre (Bib. number 17129). We are not able to predict the economic impacts of a tax measure on individual quarries, and assessing the broader impact on the quarrying industry is the responsibility of HM Treasury. The Executive will be monitoring closely the extent to which the environmental objectives of the tax are achieved.

As indicated in the answer to question S1W-12490 on 29 January 2001, we will bring forward the commencement order in due course. The Abolition of Feudal Tenure etc. (Scotland) Act 2000 is the first part of our programme of property law reform, and we will assess the appropriate date for commencement when the next Bill in the programme - the Title Conditions Bill - has been enacted. The consultation exercise on the draft Title Conditions Bill concluded on 23 July, and the responses to consultation are being analysed with a view to introduction as soon as an opportunity arises in the legislative programme. Due to the transitional arrangements that will have to be made, it is unlikely that either piece of legislation will be fully in effect until two to three years have elapsed.

The delay is required in order to allow transitional arrangements to be put in place. Both the Scottish Law Commission and the Law Society of Scotland have suggested that commencement of the 2000 Act should be delayed for a period of at least two years to allow for these arrangements. It was always apparent that the provisions of the 2000 Act on feudal burdens might be affected by the proposed Title Conditions Bill. It would be unfair and undesirable to allow superiors to go to the expense and effort of identifying properties for which they could register notices to preserve burdens, when the position for feudal burdens might be amended by the Title Conditions Bill. We also undertook to reconsider certain aspects of the 2000 Act which were criticised during its passage. To implement Part 4 of the Act (on real burdens) now would ignore these legitimate concerns.It is possible at present for vassals to apply, under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970, to seek an order from the Lands Tribunal for Scotland to vary or discharge a land obligation. The Tribunal will grant such an order if it is satisfied that the burden is unreasonable, inappropriate, unduly burdensome or impedes some reasonable use of the land.Scottish ministers remain wholly committed to the reform of the land tenure system in Scotland and any delay is restricted to that which is essential in order to ensure an orderly and sensible transition.

The financial impact of Aggregates Tax on local authorities will depend on their individual purchasing policies. The aim of the new tax is to promote a change of behaviour amongst purchasers by encouraging the use of recycled aggregates and other alternative materials in place of virgin quarried aggregates. It will have no impact on council tax. The non-domestic rate poundage is set by the Scottish Parliament, and there is no reason for this to change as a consequence of the Aggregates Tax.

The Executive has no plans to introduce a fundamental reform of the law relating to servitude rights, but the proposed Title Conditions (Scotland) Bill contains a number of consequential changes to the law on servitudes as a result of the reform of the law on real burdens. As drafted, the Bill will prevent the future creation of negative servitudes (which are usually restrictions on building for the protection of light or prospect), and will convert the few existing negative servitudes into real burdens. Servitudes which are expressly created by title deeds will have to be registered against both the burdened and the benefited properties. These servitudes which are constituted by registration will also no longer be restricted in type to the list of servitudes currently set out in a rule of law. The Bill will also make it clear that it is possible for a right to lead a pipe, cable or wire over land to be constituted as a positive servitude.The use of servitudes is not directly linked to feudal superiorities since a servitude is created for the benefit of a proprietor of land to exercise certain rights on or over adjoining land: it is not possible for a bare superiority to be the dominant tenement, or benefited property, in respect of a servitude. After the appointed day for feudal abolition, servitudes will remain an obligation enjoyed by one property in respect of another.Servitudes are separate from public rights of way. The law of servitudes is used to create rights for limited purposes, for example rights of access, not to deny rights of access.The Land Reform (Scotland) Bill will provide a right of responsible access to land and inland water for recreation and passage. The Scottish Outdoor Access Code provides guidance on the rights and responsibilities of public access. It is intended that the Bill will be introduced in Parliament shortly.

The Labour Force Survey, run by the Office of National Statistics, shows that the number of people employed in the construction industry in Scotland (including employees, self-employed, and government trainees), is approximately 180,000. Forecasts compiled by independent sources estimate that construction employment in Scotland could grow by up to 10% over the next few years.