Seòmar agus comataidhean

Further to the answer to question S4W-28305 on 19 November 2015, Scottish Natural Heritage's advice on the Scottish suite of Special Areas of Conservation for freshwater pearl mussel remains in preparation following the recent discovery of a previously unrecorded population in south west Scotland.

That analysis notwithstanding, the freshwater pearl mussel is protected under Section 9 (via its listing on Schedule 5) of the Wildlife and Countryside Act 1981 which means that it is an offence to intentionally or recklessly:

• kill, injure or take a freshwater pearl mussel;

• damage, destroy or obstruct access to any structure or place which freshwater pearl mussels use for shelter or protection; or

• disturb a freshwater pearl mussel when it is occupying a structure or place for that purpose

It is also an offence to possess or control, sell, offer for sale or possess or transport for the purpose of sale any live or dead freshwater pearl mussel or any derivative of a freshwater pearl mussel.

Knowingly causing or permitting any of the above acts to be carried out is also an offence.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

Scottish Ministers granted consent for the Creag Riabhach Wind Farm located on Altnaharra Estate on 17 October 2016. Consents granted by Scottish Ministers on applications submitted under Section 36 of the Electricity Act 1989 are subject only to challenge in the courts. The decision letter sets out in full the grounds for this decision and while I recognise the strongly held views of others, I believe the decision taken was correct, in light of the evidence presented to me on the nature of points made in support or objection to the project and based on my own visit to the site. The decision letter also includes a summary of consultation responses and representations by members of the public and highlights that the Highland Council raised no objection and strong support was received from Bettyhill, Strathnaver and Altnaharra Community Council, Durness Community Council and Kinlochbervie Community Council. A copy of the decision letter and associated documents can be viewed on the Scottish Government's Energy Consents website.

The law relating to parking, including disabled parking is primarily governed by the Road Traffic Regulation Act 1984, which specifies what type of parking places can be created by local authorities. Local authorities also have duties under the Disabled Persons’ Parking Places (Scotland) Act 2009, which complements the legislative framework mentioned above, and places responsibility on all local authorities to promote the proper use of disabled parking places. It aims to make all disabled parking bays enforceable via a traffic regulation order, which local authorities can enforce if they have Decriminalised Parking Enforcement powers or by Police Scotland.

The Scottish Government has no current plans to amend the 2009 Act, however, Transport Scotland officials who are examining issues surrounding responsible parking will consider concerns raised in relation to enforcement of disabled parking bays as part of their public consultation and via a stakeholder group with all local authorities.

The majority of firearms legislation is reserved to Westminster. This includes the Firearms Rules 1998 which make provision for applying for firearm and shotgun certificates. The Rules currently require that applications are signed in ink. The idea of online applications has recently been raised with Scottish Government officials by the Home Office, but there are no immediate plans for change.

No specific provision was made for electronic applications for air weapons certificates under Part 1 of the Air Weapons and Licensing (Scotland) Act 2015. The aim has been to provide an air weapons regime in Scotland which is broadly parallel to the process for other firearms. We will, however, keep the position under review.

The Transport Scotland Road Asset Management Plan sets out how Scotland's trunk road network is maintained strategically and efficiently in order to protect our assets and ensure we get maximum value for money from our available budgets. In addition to our programmed works regular safety inspections are undertaken to identify hazardous defects like potholes, which are then repaired by the trunk road operating companies within the strict timescales set-out in their contracts.

The Roads (Scotland) Act 1984 places the statutory responsibility for local roads improvement, maintenance and repair with local road authorities. We are committed to working with local government to help improve the condition of roads and pavements throughout the country. Primarily we do this through our participation in the Road Collaboration Programme, which is supporting all councils in Scotland to explore opportunities to share services. A number of regional partnerships have now been established including the Northern Roads Collaboration Forum, which includes Aberdeenshire Council and Aberdeen City Council.

The frequency of bin collection is for local authorities to decide. It is for each council to determine how they deliver local services and what is the most appropriate collection system for their area.

However, the Scottish Government will continue to work closely with councils on waste and recycling and in particular with regard to the joint Scottish Government-COSLA Household Recycling Charter which will provide more consistency in the way councils meet their recycling obligations.

I refer the member to the answer to question S5W-04269 on 8 November 2016. All answers to written parliamentary are available on the parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx.

The process and timescales for identification of Potentially Vulnerable Areas (PVAs) is set out in the Flood Risk Management (Scotland) Act 2009 and in the Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010. The Regulations require that SEPA must review, update where appropriate, and submit to the Scottish Ministers the document identifying the PVAs by 22 September 2018. There are no plans to change this date.

All of the information related to Abellio’s commitments to introduce new and refurbished rolling stock is within the Franchise Agreement, Schedule 1.6, Part 1. This is the formal contract between Scottish Ministers and ScotRail and has been available since 20 February 2016 on the Transport Scotland website.

On potential penalties I refer the member to the answer to question S4W-24870 on 23 March 2015. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx.

The Scottish Government meets regularly with our scheme partner the Council of Mortgage Lenders to consider a number of issues related to the Help to Buy (Scotland) schemes, including encouraging new lenders to participate in the scheme and provision of mortgage products. We would encourage any lender considering offering products to do so.

Officials have also met directly with lenders, including new market entrants, during the scheme's operation and are willing to meet any prospective lender with an interest in providing support or mortgages for shared equity homes.