S3W-31850 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, February 18, 2010): To ask the Scottish Executive what powers are available to compel a local authority to prepare and publish the annual statement of receipts and expenditure for its allotments required by section 14 of the Allotments (Scotland) Act 1892.
Answered by John Swinney (Wednesday, March 10, 2010): Section 14 of the Allotments (Scotland) Act 1892 requires that an annual statement is made available for inspection. It does not formally require the publication of the statement. If a local authority fails to comply with its obligations, it could be liable to legal action if those concerned decide to pursue this to compel the local authority to fulfil those obligations.
S3W-31849 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, February 18, 2010): To ask the Scottish Executive what powers are available to compel a local authority to cease invoicing its tenants in advance for more than 25% of allotment rents, as provided for in section 10(2) of the Allotments (Scotland) Act 1950.
Answered by John Swinney (Wednesday, March 10, 2010): Under section 10(2) of the Allotments (Scotland) Act 1950, a tenant cannot be required to pay more than 25% of annual rent in advance, unless the rent is £1 or less. However, the legislation does not prevent a local authority from invoicing a tenant for the full sum.
S3W-31848 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, February 18, 2010): To ask the Scottish Executive, further to the answer to question S3W-31590 by John Swinney on 12 February 2010, what powers are available to compel a local authority to comply with its obligation under section 7(5) of the Allotments (Scotland) Act 1892 to demolish unauthorised buildings on an allotment.
Answered by John Swinney (Wednesday, March 10, 2010): I refer the member to the answer to question S3W-31821 on 10 March 2010. 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.
S3W-31821 - Nanette Milne (North East Scotland) (Con) (Date Lodged Wednesday, February 17, 2010): To ask the Scottish Executive what powers are available to compel a local authority to comply with its statutory management obligations under section 10(2) of the Allotments (Scotland) Act 1950 and sections 7(5) and 11 of the Allotments (Scotland) Act 1892.
Answered by John Swinney (Wednesday, March 10, 2010): If a local authority fails to comply with its mandatory obligations regarding management of allotments, it could be liable to legal action if those concerned decide to pursue this to compel the local authority to fulfil those obligations.
Note, this question was inadvertantly tabled quoting the wrong section of the 1892 Act. It was understood that the question had been withdrawn and been replaced with questions 31848 - 31850 . However the question was answered.
S3W-31820 - Nanette Milne (North East Scotland) (Con) (Date Lodged Wednesday, February 17, 2010): To ask the Scottish Executive whether a local authority is legally competent to manage its allotments if it has no regulations for that purpose that have been confirmed by the Scottish Ministers in terms of section 6(1) of the Allotments (Scotland) Act 1892.
Answered by John Swinney (Wednesday, March 10, 2010): I refer the member to the answer to question S3W-30799 on 21 January 2010. 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.
[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.]