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The Scottish Government expects all solicitors acting on behalf of buyers in property transactions to provide the best possible level of service and advice.

Former Sheriff Principal Bowen’s report to the Council of the Law Society of Scotland on consumer protection in conveyancing has been published. It is available at:

https://www.lawscot.org.uk/media/439009/Law-Society-report-Consumer-Protections-in-Conveyancing-Cases.pdf. The report suggested that thought needs to be given to clarifying the legal duty of a solicitor acting for a purchaser in certain circumstances.

As the report is to the Law Society of Scotland, this recommendation is for the society to consider in the first instance.

I am advised by the society that issues on clarifying the duty of solicitors in conveyancing transactions will be considered by their Property Law Committee at their next meeting in April 2015. Through my regular meetings with the society, I will discuss with them the recommendations in Sheriff Principal Bowen’s report, the action that should be taken and the likely timescales.

From April 2013 to 2015-16, the Scottish Government’s current and planned funding will result in an investment of £296 million to mitigate the effects of the UK Government’s welfare reforms.

Details are as follows:

*Welfare reform mitigation includes funding for organisations that provide advice and support services to help people affected by welfare reform. This includes funding for Citizens Advice Scotland and continued support for the Making Advice Work grant funding programme and the new Tackling Money Worries grant funding programme administered by the Scottish Legal Aid Board. The funding also supports actions to tackle poverty, particularly child poverty including activity designed to maximise household resources for vulnerable groups, and initiatives with the third sector, local authorities and others impacted by welfare reform.

There is a statutory duty on planning authorities under section 36A of the Town and Country Planning (Scotland) Act 1997 to maintain a list of applications made to them and to publish this on the internet (Regulation 22 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013).

In respect of each application the details published must include:

The reference number of the application;

The site location;

The name of the applicant and, where an agent is acting for the applicant, the name and address of that agent;

A description of the proposed development; and

The expiry date of the period for representations to be received.

The list of applications must also contain a statement as to how further information may be obtained from the planning authority.

Planning authorities are also required to maintain a register of applications for planning permission (section 36(1) of the Act). The register is to be available for public inspection at an office of the planning authority. The planning authority may make the register available on their website. The information that must be recorded in the register is set out in Schedule 2 of the Development Management Procedure Regulations. The information published in the register is more detailed than the list and includes such items as copies of plans and drawings, decision notices and a report of handling. The report of handling includes, amongst other things; information on representations made by the public and the main issues raised, details of consultation with statutory consultees, any Environmental Impact Assessment or other reports undertaken and details of development plan policies and other material consideration considering in determining the application. The register is in two parts – information on the application on part 1 and then information on the decision (e.g. decision notice, report of handling) on part 2.

Scottish Government guidance on handling planning applications and the publication of the list and register is set out in Planning Circular 3/2013: Development Management Procedures. The Scottish Government has also published guidance, in collaboration with the Information Commissioner’s Office and planning authorities, on publishing planning applications online. When making documents available, the Scottish Government encourages authorities to recognise that publishing information online provides the public with an opportunity to participate in the planning process in a way that is most convenient to them and to promote transparent decision making. The guidance provides ‘good practice’ suggestions and was intended to offer clarification on some of the uncertainties with regard to the publishing information online and complying with data protection principles.

The Scottish Government monitors a limited number of applications which it considers are of national and strategic importance.

Scottish Ministers also have a general power to intervene in the determination of a planning application where it appears there may be some matter of genuine national interest at stake. In practice, ministers will exercise this power very sparingly, recognising and respecting the role of authorities in decision making.

The Scottish Government collate and publish statistics on planning authority decision making timescales and also asks authorities to submit an annual planning performance framework setting out details of service provided and a plan for improvement. Ministers also have powers to vary planning application fees for any authority it considers is not performing adequately.

Where a member of the public is concerned about the process by which an application was handled and the decision reached they can submit a complaint to the Scottish Public Services Ombudsman for consideration.

There is no statutory time period for public scrutiny of planning applications published on the web.

Planning authorities are required to publish on the internet, as part of the list of applications, the date by which representations to the planning application must be received. This date is set by the planning authority and must be not less than 21 days after the date on which notice is sent to the owner, lessee or occupier of premises on any land neighbouring the development. Additionally, where there is a requirement to publish notice of the application in a local newspaper, it must be not less than 14 days from the date of publication.

Scottish Government guidance, set out in Planning Series Circular 3/2013: Development Management Procedures, recommends that planning authorities arrange that planning applications are published online in the list of applications on the same date as notice is sent out and, where required, published in the newspaper, and the time periods for representations in notices and newspapers are aligned.

This is a matter for the organisations in question. However, in general terms, the Scottish Government considers that it is important that the views of service users are considered by the organisations which provide services and support to them.

The Scottish Government considers that it is important that those directly affected by a policy, and the organisations which represent them, are given an opportunity to contribute to its development and implementation. Consultation is an essential and important aspect of how the Scottish Government develops policy.

In general, consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.