Bucksburn Allotments Association

S3W-30502 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, January 07, 2010): To ask the Scottish Executive whether local authority allotment tenants who have been charged rent as a result of the implementation of regulations that have not been confirmed by the Scottish Ministers in terms of section 6(1) of the Allotments (Scotland) Act 1892 are entitled to have these rents repaid to them.

Answered by John Swinney (Friday, January 15, 2010): A local authority would not be entitled to collect rent under regulations that had not been formally confirmed by Scottish Ministers in terms of section 6(1) of the Allotment (Scotland) Act 1892. Regulations made under this provision have no legal effect without ministerial confirmation. It would be for the local authority to resolve with its allotment holders the issue of rent collected in this manner.

S3W-31590 - Nanette Milne (North East Scotland) (Con) (Date Lodged Monday, February 08, 2010): To ask the Scottish Executive whether an allotment tenant has a right of appeal against a local authority decision to demolish and remove unauthorised buildings from the allotment.

Answered by John Swinney (Friday, February 12, 2010): Section 7 of the Allotments (Scotland) Act 1892 provides that no building other than one of a specified type (such as a tool-house or shed) may be erected on an allotment. It obliges a local authority to pull down any other building. Tenants are given no right of appeal against such demolition.

S3W-30995 - Nanette Milne (North East Scotland) (Con) (Date Lodged Friday, January 22, 2010): To ask the Scottish Executive whether a local authority is required to terminate the tenancy of an allotment holder who does not cultivate his or her allotment and does not use it for horticultural purposes or the production of meat and eggs for human consumption.

Answered by John Swinney (Friday, January 29, 2010): Section 6 of the Allotments (Scotland) Act 1892 provides that a local authority may make regulations for the letting of allotments, including the conditions under which allotments are to be cultivated. Section 1 of the Allotments (Scotland) Act 1922 provides that if a local authority has made regulations which include conditions under which allotments are to be cultivated, and this is breached by the tenant, the landlord is entitled to terminate the lease.

S3W-30806 - Nanette Milne (North East Scotland) (Con) (Date Lodged Monday, January 18, 2010): To ask the Scottish Executive whether a person who is removed from a local authority allotment waiting list as a result of changes to the local authority-made rules or devices regulating the list is entitled to be reinstated in cases where those changes have not been confirmed by the Scottish Ministers in terms of section 6(1) of the Allotments (Scotland) Act 1892.

Answered by John Swinney (Friday, January 22, 2010): Regulations made to manage allotments in terms of section 6(1) of the Allotments (Scotland) Act 1892 should be formally confirmed by Scottish Ministers. Regulations, made under this provision have no legal effect without ministerial confirmation. It would be for the local authority to resolve any management issues that arose.

S3W-30846 - Nanette Milne (North East Scotland) (Con) (Date Lodged Tuesday, January 19, 2010): To ask the Scottish Executive whether a local authority that has implemented changes to the rules and devices that it uses to regulate the disposal of waste generated by allotment holders without obtaining confirmation from the Scottish Ministers in terms of section 6(1) of the Allotments (Scotland) Act 1892 is obliged to revert to the previous rules and devices until such confirmation has been obtained.

Answered by John Swinney (Tuesday, January 26, 2010): Regulations made to manage allotments in terms of section 6(1) of the Allotments (Scotland) Act 1892 should be formally confirmed by Scottish ministers. Regulations, made under this provision have no legal effect without ministerial confirmation. It would be for the local authority to resolve any waste management issues that arose.

S3W-30994 - Nanette Milne (North East Scotland) (Con) (Date Lodged Friday, January 22, 2010): To ask the Scottish Executive whether the use of local authority-owned allotments is restricted to horticultural purposes and the production of meat and eggs for human consumption.

Answered by John Swinney (Friday, January 29, 2010): Section 19 of the Allotments (Scotland) Act 1922 defines an allotment garden as an area not exceeding 40 poles which is wholly or mainly cultivated by the occupier for the production of vegetable crops for consumption by himself or his family. Section 6 of the Allotments (Scotland) Act 1892 provides that a local authority may make regulations for the letting of allotments (including the conditions under which allotments are to be cultivated). Section 7 of the act makes provision for the use of allotments (in relation to their size and what may be erected on them).

S3W-30967 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, January 21, 2010): To ask the Scottish Executive whether a local authority has been prosecuted for breaches of the allotments legislation since 1950.

Answered by John Swinney (Wednesday, January 27, 2010): I am not aware of any prosecutions under this legislation.

S3W-30966 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, January 21, 2010): To ask the Scottish Executive whether a local authority that requires its tenants to pay more than 25% of allotment rents in advance, contrary to section 10(2) of the Allotments (Scotland) Act 1950, is liable to prosecution.

Answered by John Swinney (Wednesday, January 27, 2010): It would be for the tenants concerned to seek legal advice based on their own circumstances and to consider, in the light of that, whether there is a case to answer.

Answered by John Swinney (Thursday, January 21, 2010): The Scottish Government has no plans to issue fresh guidance to local authorities on their responsibilities and obligations in relation to section 6(1) of the Allotments (Scotland) Act 1892. It is for local authorities as independent corporate bodies to ensure they operate and manage their allotments with proper legal authority.

S3W-30800 - Nanette Milne (North East Scotland) (Con) (Date Lodged Friday, January 15, 2010): To ask the Scottish Executive, further to the answers to questions S3W-28237 and S3W-29561 by John Swinney on 4 November and 8 December 2009 respectively, what discussions it has had with local authorities in the last 10 years regarding the legal authority with which they are operating and managing their allotments.

Answered by John Swinney (Thursday, January 21, 2010): The Scottish Government has no record of discussions with local authorities in the last 10 years regarding the legal authority with which they operate and manage their allotments. This is a matter for local authorities as independent corporate bodies.

S3W-30799 - Nanette Milne (North East Scotland) (Con) (Date Lodged Friday, January 15, 2010): To ask the Scottish Executive, further to the answers to questions S3W-28237 and S3W-29561 by John Swinney on 4 November and 8 December 2009 respectively, whether it is content that all local authorities are operating and managing their allotments with proper legal authority.

Answered by John Swinney (Thursday, January 21, 2010): It is for local authorities as independent corporate bodies to ensure they are operating and managing their allotments with proper legal authority.

S3W-30798 - Nanette Milne (North East Scotland) (Con) (Date Lodged Friday, January 15, 2010): To ask the Scottish Executive, further to the answer to question S3W-29561 by John Swinney on 8 December 2009, whether tenants of local authority-owned allotments are required to institute legal proceedings to establish the legality of a local authority-made rule or device regulating the letting of allotments.

Answered by John Swinney (Thursday, January 21, 2010): The first course of action would be for the allotment tenants to correspond with the local authority to try and resolve any differences. Should these remain unresolved, it would be for the allotment tenants to decide for themselves what further action, if any, to take.

S3W-30501 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, January 07, 2010): To ask the Scottish Executive how many local authorities are collecting rents for allotments using regulations that have not been confirmed by the Scottish Ministers in terms of section 6(1) of the Allotments (Scotland) Act 1892.

Answered by John Swinney (Friday, January 15, 2010): Information is not held centrally on whether local authorities are collecting rents for allotments under regulations made in terms of section 6(1) of the Allotments (Scotland) Act 1892, which have not been confirmed by ministers as required by section 6(1). Any such collection is a matter for individual authorities.

S3W-29561 - Nanette Milne (North East Scotland) (Con) (Date Lodged Wednesday, December 02, 2009): To ask the Scottish Executive whether, with regard to allotments, a regulation is a rule or other device that has the effect of regulating the letting of allotments and for putting into effect the provisions of the allotments legislation.

Answered by John Swinney (Tuesday, December 08, 2009): Allotment legislation refers to regulations which local authorities can make about the letting of allotments in their area, but does not define these. It is up to each local authority to decide whether and how it makes allotment regulations in terms of the relevant legislation.

S3W-28237 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, October 15, 2009): To ask the Scottish Executive how many local authorities have referred to it for approval amendments to section 6(1) regulations made under the Allotments (Scotland) Act 1892.

Answered by John Swinney (Wednesday, November 04, 2009): A search of existing records has not identified any local authority as having referred for approval amendments to regulations made under section 6(1) of the Allotments (Scotland) Act 1892.

S3W-28236 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, October 15, 2009): To ask the Scottish Executive whether a local authority needs to formally make a regulation under section 6(1) of the Allotments (Scotland) Act 1892 before being able to charge or increase rent for allotments.

Answered by John Swinney (Wednesday, November 04, 2009): A local authority may make regulations under Section 6(1) of the Allotments (Scotland) Act 1892 as regards the letting of allotments, but the legislation does not compel them to do so.

S3W-28235 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, October 15, 2009): To ask the Scottish Executive what advice it has given to local authorities regarding regulations under section 6(1) of the Allotments (Scotland) Act 1892.

Answered by John Swinney (Wednesday, November 04, 2009): Within the last year, advice has been given in response to queries from two local authorities. Aberdeen City Council asked about rent levels for allotments in its area. The advice given was that this was a matter for the council. The City of Edinburgh Council asked about the process attaching to the confirmation of allotment regulations prepared by the council. The advice given explained the process.

S3W-26840 - Nanette Milne (North East Scotland) (Con) (Date Lodged Tuesday, September 01, 2009): To ask the Scottish Executive how many requests for allotments there have been in each local authority area in each year since 1999.

Answered by John Swinney (Friday, September 18, 2009): I refer the member to the answer to question S3W-26839 on 8 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Answered by John Swinney (Tuesday, September 08, 2009): This information is not held centrally. Allotment provision is the responsibility of individual local authorities as independent corporate bodies.

S3W-15366 - Robin Harper (Lothians) (Green) (Date Lodged Wednesday, August 06, 2008): To ask the Scottish Executive whether problems with the application of Aminopyralid herbicides to vegetation that ends up in compost and the consequent damage to gardens and crops in allotments have been brought to its attention and, if so, what action it will take take to address the situation.

Answered by Richard Lochhead (Tuesday, September 02, 2008): We are aware that these problems have been reported. The relevant manufacturer, Dow AgroSciences Ltd, has indicated that, as a precaution, it is withdrawing from sale products which contain aminopyralid. In addition, the Pesticides Safety Directorate (PSD) has formally suspended its authorisation of the substance while it undertakes further investigation of the concerns of allotment holders and others. I am assured that there are no implications for human health, but I will ask PSD to keep me informed of developments.

S3W-5813 - Keith Brown (Ochil) (SNP) (Date Lodged Tuesday, October 30, 2007): To ask the Scottish Executive what action it is taking to support allotments through its national planning strategy.

Answered by Stewart Stevenson (Thursday, November 08, 2007): National planningpolicy on open space is set out in National Planning Policy Guideline 11: Sport,Physical Recreation and Open Space. This is currently under review and willshortly be replaced by Scottish Planning Policy 11: Open Space and Physical Activity(SPP 11).

Allotments can beof great value to the community and can create opportunities for local food production,physical activity, healthy eating and biodiversity. SPP 11 recognises thisand will require local authorities to take a strategic, long-term approach to managingopen space, including allotments, within their areas, objectively assessing communityneeds and protecting open spaces which can help to meet those needs.<

Answered by Roseanna Cunningham (Thursday, September 03, 2009): Our national food and drink policy supports the development of allotments and grow your own projects.

The provision of allotments is a matter for local authorities. They are best placed to meet the needs of their communities.

S2O-11463 - Susan Deacon (Edinburgh East and Musselburgh) (Lab): To ask the Scottish Executive what steps it is taking to support gardening and horticultural activities, including the provision of allotments, in towns and cities.

Answered by Tom McCabe (Thursday, December 14, 2006): The Executive has no direct rolein relation to supporting gardening and horticultural activities. We are howevertaking forward a number of initiatives in areas such as sustainable development,biodiversity, health and physical activity, community involvement and planning forgreenspace and open spaces which may involve and support these activities.

S1W-28780 - David Mundell (South of Scotland) (Con) (Date Lodged Monday, September 02, 2002): To ask the Scottish Executive what existing laws and regulations govern allotments and their use and whether it has any plans to review them.

Answered by Peter Peacock (Thursday, September 12, 2002): The relevant legislation governing allotments is the Allotments (Scotland) Acts 1892, 1922 and 1950. Sections 23-27 of the Town and Country Planning (Scotland) Act 1959 and sections 73 and 74 of the Local Government (Scotland) Act 1973 are also relevant.

The Local Government Committee is currently holding an inquiry into the provision and management of allotments and we will consider its findings once these are completed.