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As set out in the Scottish Government’s Heat in Buildings Strategy, the draft regulations cited (to set minimum energy efficiency standards of EPC E, rising to EPC D) were withdrawn as a direct result of the impact Covid-19 has had on the private rented sector (PRS). Instead, as the Strategy confirms, the Scottish Government is now working with the sector to introduce regulations in 2025 which will require all PRS properties to reach a minimum standard equivalent to EPC C, where technically feasible and cost effective, at change of tenancy, with a backstop of 2028 for all remaining existing properties, in line with the direction provided by the Climate Change Committee.

Data giving an anticipated breakdown of properties not reaching EPC E is not available, however analysis carried out by the Energy Savings Trust in 2021 (using Home Analytics V3.7, which used a combination of modelled and reported data) gives a breakdown of PRS homes by local authority area which are assumed to be in bands E and F-G.

The Private Sector Landlord specialist advice service, run by Home Energy Scotland, provides bespoke advice to private landlords throughout Scotland, this can include property visits and modelling as well as tailored advice for older properties.

Home Energy Scotland is also the route to Scottish Government funded loans and further support, in particular the Private Rented Sector Landlord Loan ( Private Rented Sector Landlord Loan: overview - Home Energy Scotland ) and our national fuel poverty scheme, Warmer Homes Scotland. This scheme is designed to make homes warmer for those living in or in risk of fuel poverty. Private rented sector tenants are generally not eligible for heating measures, however those who meet the criteria may receive energy efficiency measures, such as insulation, provided the landlord consents. Home Energy Scotland can be contacted on Freephone 0808 808 2282 or through their website https://energysavingtrust.org.uk/scotland/home-energy-Scotland .

There is also a range of guidance also available from Historic Environment Scotland to help with energy efficiency measures and climate change adaptations in listed buildings, traditional homes and buildings in conservation areas. This advice can be accessed through the Historic Environment Scotland website at: www.historicenvironment.scot .

Scottish Government officials have been in contact with the Scottish Legal Aid Board (SLAB) who have a statutory duty to give the Scottish Ministers such information as they may require relating to the availability and accessibility of legal services in Scotland. I am aware of correspondence from individuals who are having difficulty securing representation in civil matters. SLAB are thoroughly investigating the issues that have been reported, are continually monitoring the situation and are preparing to report back to Scottish Government officials in due course. The Law Society of Scotland have also been made aware of the situation and we will continue to engage with them on these matters.

The Scottish Government believes that where appropriate family cases should be resolved outwith court. A number of forms of alternative dispute resolution (ADR) are available in family cases, including mediation, arbitration, collaborative law and family group decision making.

The Scottish Government provides funding to Relationships Scotland who provide a number of services, including family mediation.

The cost of family mediation may be funded through the Scottish Legal Aid Fund, where a person who is in receipt of legal aid is referred by a court.

Section 23(1) of the Children (Scotland) Act 2020 requires the Scottish Ministers to set up a scheme to make assistance available so that individuals can meet the costs of alternative dispute resolution procedures in certain cases such as those dealing with contact and residence for children.

Work has progressed in this area, but the provision will take time to implement. Two reports on the Scottish Ministers’ progress between 1 October 2020 and 31 October 2021 on implementing provisions in the 2020 Act on ADR have been published:

• Scheme for funding for ADR - Children (Scotland) Act 2020 - alternatives to court and funding of alternative dispute resolution pilots: report - gov.scot (www.gov.scot)
• Scheme for funding for alternative dispute resolution (section 23 of the 2020 Act) - Children (Scotland) Act 2020 - section 23(1) and section 24(1): second report on the Scottish Ministers’ duties - gov.scot (www.gov.scot)

In line with the duty set out in section 24(4) of the Children (Scotland) Act 2020, the Scottish Ministers have laid two six-monthly progress reports before the Scottish Parliament on establishing a pilot of mandatory meetings on alternatives to court.

The first such report was laid in April 2021 and covered the period from 1 October 2020 to 1 April 2021 - Children (Scotland) Act 2020 - alternatives to court and funding of alternative dispute resolution pilots: report - gov.scot (www.gov.scot).

The second such report was laid in November 2021 and covered the period from 1 April to 30 September 2021 - Pilot of mandatory meetings on alternatives to court - Children (Scotland) Act 2020 - section 23(1) and section 24(1): second report on the Scottish Ministers’ duties - gov.scot (www.gov.scot).

The next progress report on the pilot scheme is due to cover the period from 1 October 2021 to 31 March 2022 and will be laid before the Parliament in due course.

The Scottish Government has committed to provide at least £465 million of funding over this parliamentary session to support fuel poor households. This figure was set with the aim to provide - at a minimum – a funding level for those in fuel poverty and least able to pay which at least maintains previous levels, with the flexibility to be responsive to the needs of those in fuel poverty so we can mitigate any detrimental impacts of the heat transition on fuel poverty and ensure no-one is left behind.

Our long-standing fuel poverty programmes have already supported over 150,000 households in or at risk of fuel poverty. In 2021-22, we allocated a considerably increased level of funding (£50m) for our Warmer Homes Scotland fuel poverty programme and in 2022-23 will further increase this to £55m. In 2022-23 we will also increase the level of funding individual fuel poor households could benefit from through the £64m local authority-led Area Based Schemes.

The Scottish Government’s investment has also helped to secure Energy Company Obligation (ECO) funding and we would hope to continue to do so. ECO is a UK Government scheme that delivers energy efficiency measures to fuel poor households and is funded by energy suppliers through a levy on energy bills.

Scotland has benefitted from approximately £691 million since the scheme began in 2013. If Scotland maintains its current share of ECO delivery (9%), then we would expect to benefit from a further £360 million over the lifetime of the new ECO4 scheme (from April 2022 to March 2026).

We have not yet calculated the impact of the April 2022 rise of the fuel price cap on the cost of raising households to EPC C.

The Fuel Poverty Strategy Technical Annex ( Supporting documents - Tackling fuel poverty in Scotland: a strategic approach - gov.scot (www.gov.scot) )published in December 2021 sets outs the estimated cost of retrofitting fuel poor households to meet EPC C under different scenarios.

Scottish Government analysis of the impact of the rise in the fuel price cap suggests that the proportion of households in fuel poverty in Scotland could increase to between 807,000 (32.3%) and 831,000 households (33.3%). The higher number of households in fuel poverty would therefore lead to an overall increase in the total cost for these households to reach EPC C.

Scottish Government is in the process of commissioning work which will consider revision to the EPC metrics and which in part will estimate the total cost of raising dwellings’ energy efficiency rating to meet energy efficiency targets.

Our Fuel Poverty Strategy contains a comprehensive range of actions addressing all four drivers of fuel poverty, We will keep progress towards the fuel poverty targets under review and will report every 3 years. If we consider that we need to change our approach to ensure that the targets are met, we will revise the Strategy.

To ensure that we meet our ambitious targets, we will continue to monitor rates of fuel poverty and, working with the independent Scottish Fuel Poverty Advisory Panel, we will develop an outcomes framework to assess the impact of our work.

The Scottish House Condition Survey (SHCS) is the source of National Statistics on fuel poverty in Scotland. These statistics are normally published annually. Due to the Covid 19 pandemic data collection for the 2020 SHCS survey was suspended as internal inspections of households were not possible. Due to this the key findings from the 2020 SHCS were not published.

Fuel poverty statistics will next be published in the key findings from the 2021 SHCS at the end of 2022 or early 2023.

More than £175 million has been invested through Warmer Homes Scotland, the Scottish Government’s national fuel poverty scheme since its launch in September 2015, helping over 25,000 households throughout Scotland.

Eligibility for the scheme is based on both the property and the individual meeting the qualifying criteria. Individual eligibility is based on “proxies” - certain benefits which are an indication of the likelihood of the household living in or being at risk of fuel poverty. The eligibility criteria are designed to target support at households who are particularly vulnerable to the impacts of poor energy efficiency and heating systems. This includes those with a long term health condition (as well as carers, older people and families with children under 16 years of age).

During the lifetime of the scheme, the eligibility criteria have been reviewed and amended to manage demand and increase referrals, and in line with policy priorities. Households also move in and out of fuel poverty and the receipt of qualifying benefits.

For these reasons an estimate as outlined is not possible.

The Scottish Government has committed to procuring a new enhanced successor to Warmer Homes Scotland when the current contract expires in June 2023, with a formal procurement process now underway. As outlined within the Fuel Poverty Strategy, working with the Scottish Fuel Poverty Advisory Panel, we will seek to ensure the eligibility criteria is aligned with the updated Scottish fuel poverty definition and that assistance continues to be targeted at those who need it most.