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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-22568

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 22 September 2014
Current Status: Answered by Roseanna Cunningham on 3 October 2014

To ask the Scottish Government what information it has on how many compensatory awards the Law Society of Scotland has made to victims of fraudulent disposition of deeds from its Guarantee Fund and master policy in each year since 1999.

<>The society have advised us that their information from October 2008 to date shows there have been no such awards during that period from the Guarantee Fund. The society have also advised us that information on awards from the Guarantee Fund is not held in a way which can be readily interrogated to uncover the number of fraudulent dispositions in each year since 1999. The society is seeking to establish if further information is available on awards from the master policy. I will write to the member once the society has provided us with further details. Some background on the Guarantee Fund and master policy generally is held on the Society’s website at: http://www.lawscot.org.uk/for-the-public/what-the-society-can-do-for-you/consumer-and-professional-protections/

Question reference: S4W-22570

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 22 September 2014
Current Status: Answered by Roseanna Cunningham on 2 October 2014

To ask the Scottish Government what plans it has to amend conveyancing law to ensure that purchasers are offered greater protection.

Registers of Scotland have recently completed a comprehensive overhaul of registration law in the form of the Land Registration etc. (Scotland) Act 2012. Three of the changes brought about by that Act, which is due to be implemented later this year, will enhance the protection afforded to parties to conveyancing transactions.

First of all, the process of registering or recording a deed can take several weeks, or months. This creates a risk period during which the purchaser is exposed to the insolvency of the seller or a competing conveyance. The current solution is for the seller’s solicitors to provide a letter of obligation in which the firm undertakes to ensure that there is no impediment to the purchaser being registered as owner within a certain period, usually 14 days. The 2012 Act provides a mechanism to avoid the risk period by lodging an advance notice on the register. This provides protection against the registration of a competing conveyance and the insolvency of the seller for up to thirty five days from the date when the notice is lodged.

Secondly, at the moment under the Land Registration (Scotland) Act 1979, if a mistake is made during the registration of a title in the Land Register then this cannot be altered except in very limited circumstances. Under changes made by the 2012 Act, it will be easier to rectify the Land Register.

Thirdly, the 2012 Act provides for a new statutory system of caveats. A caveat on the title sheet will effectively warn third parties of on-going litigation. This is not possible at present under the 1979 Act.

In addition, the Law Society are currently undertaking an independent review of the consumer protections which are in place for clients buying and selling property: http://www.lawscot.org.uk/news/2014/05/law-society-announces-independent-review-of-consumer-protections/. If the review should suggest that changes to the law might be required, the government will consider fully and carefully any points raised.

Question reference: S4W-22569

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 22 September 2014
Current Status: Answered by Roseanna Cunningham on 2 October 2014

To ask the Scottish Government how many householders have lost their homes because of fraudulent disposition of deeds in each year since 1999.

The Scottish Government does not hold this information.

The Scottish Government and the Keeper of the Registers do not know how many frauds there might be in total and how many frauds have led to an action of reduction in the courts. Even when a deed is reduced by the courts, the deed may not necessarily relate to a home – it could, for example, relate to a commercial property.

However, our general expectation is that the number of cases of householders losing their homes because of fraudulent deeds will be low. This is particularly the case as even when fraud does take place, householders may not lose their homes.

Question reference: S4W-22571

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 22 September 2014
Current Status: Answered by Roseanna Cunningham on 2 October 2014

To ask the Scottish Government what recent discussions it has had with the Law Society of Scotland about fraudulent disposition of deeds.

The Law Society of Scotland announced on 16 May 2014 the setting up of an independent review of the consumer protections which are in place for individuals buying and selling property in Scotland. This review will be carried out by former Sheriff Principal Bowen.

The Scottish Government discussed the review and related matters at one of our regular quarterly meetings at ministerial level with the society, held on 25 September 2014.

In addition, Registers of Scotland staff met with the society on 15 August 2014 to discuss a number of matters of common interest including fraud. Registers of Scotland staff also met with former Sheriff Principal Bowen on 21 July 2014 about the review.

Question reference: S4W-22572

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 22 September 2014
Current Status: Answered by Roseanna Cunningham on 2 October 2014

To ask the Scottish Government whether it will make a submission to the Law Society of Scotland’s independent review of consumer protections for clients buying and selling property.

Question reference: S4W-22567

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 22 September 2014
Current Status: Answered by Roseanna Cunningham on 2 October 2014

To ask the Scottish Government how many cases of fraudulent disposition of deeds have been recorded in each year since 1999.

We do not hold this information.

Registers of Scotland are responsible for the registering of dispositions. However, Registers of Scotland would only know if a fraudulent deed had been registered if the fraud comes to light. Some deeds are registered in the Land Register and others in the Register of Sasines.

In the Land Register, a party affected by fraud can apply for rectification of the register. However, the Keeper of the Registers does not catalogue the applications for rectifications in such a way as to allow her to identify the number of rectifications sought as a consequence of fraud.

In the Register of Sasines, a fraudulent deed can be reduced by a decree of reduction granted by the courts. These decrees may be recorded in the sasines but that is not obligatory. A search of the sasines to examine decrees of reduction granted by the courts following the recording of a fraudulent deed would be time-consuming. In any event, any such search would not give a definitive answer given that some fraud may be undetected and, in other cases, the decree of reduction may not have been recorded.

Question reference: S4O-03588

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Wednesday, 01 October 2014
Current Status: Taken in the Chamber on 8 October 2014

To ask the Scottish Government when it last discussed education issues with Aberdeen City Council.

Question reference: S4F-02311

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Monday, 29 September 2014
Current Status: Taken in the Chamber on 2 October 2014

To ask the First Minister what action the Scottish Government is taking to support people affected by UK Government welfare reforms.

Question reference: S4O-03512

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Wednesday, 17 September 2014
Current Status: Taken in the Chamber on 24 September 2014

To ask the Scottish Government how many consultants work in NHS Scotland.

Question reference: S4O-03486

Asked by: Kevin Stewart, MSP for Aberdeen Central, Scottish National Party
Date lodged: Wednesday, 13 August 2014
Current Status: Taken in the Chamber on 21 August 2014

To ask the Scottish Government what its response is to recent reports that the North Sea could hold more than £40 billion worth of unforeseen oil reserves.