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Private Hospitals
Ms. Primarolo : To ask the Secretary of State for Health how much money has been spent in the last five years by district health authorities and regional health authorities on purchasing services from private hospitals.
Mr. Blunkett : To ask the Secretary of State for Health how much money was spent on the purchase of private
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health care for NHS patients in 1991-92 and the first three quarters of the financial year 1992-93 ; and if she will make a statement.Mr. Sackville [holding answer 15 February 1993] : The annual accounts and financial returns of health authorities do not separately identify expenditure incurred specifically on the purchase of private health care. However, the summarised accounts of health authorities in England for 1991-92 show that the total of health care and related services purchased from all non-national health service providers was some £182.3 million.
This figure will include expenditure incurred under contracts with variously constituted nursing homes and hospices, voluntary organisations, local authorities and military hospitals in addition to those with private hospitals as such. Similar information is not collected on a quarterly basis.
Optometry
Dame Jill Knight : To ask the Secretary of State for Health what Government funding is made available annually towards the cost of the training course for optometry.
Mr. Boswell : I have been asked to reply.
Funding for subjects and professions allied to medicine, including optometry, is the responsibility of the Universities Funding Council and the Polytechnics and
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Colleges Funding Council. The UFC's teaching unit of resource for funded places in subjects allied to medicine is £4,614 in 1992-93. The PCFC's mean funding per full-time funded place in its health and social services programme is £3,079 in 1992-93. These categories cover different subjects and are not directly comparable. Funded places for optometry are not separately identified. It is for institutions to decide actual spending on each subject.Radiation
Mr. Llew Smith : To ask the Secretary of State for Health what consideration she has given to appointing a replacement chairman for the study on the links between the development of cancer and exposure to occupational radiation.
Mr. Robert Jackson : I have been asked to reply.
The study in question is funded by the Medical Research Council (MRC) which receives its grant in aid from my Department. The MRC's environmental epidemiology unit is conducting a programme of research on occupational and environmental hazards. Included in this programme is the study to follow up the findings of an association between the risk of leukaemia and lymphoma and the father's occupational exposure to radiation. The director of the unit is Professor David Barker.
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NATIONAL FINANCE
Infrastructure (Private Investment)
Ms. Harman : To ask the Chancellor of the Exchequer what response he has had from private business to his invitation on 9 December 1992 to come forward with proposals for private sector investment in Britain's infrastructure.
Mr. Dorrell : Numerous firms in the financial and construction sectors have put ideas to the Treasury, either in writing or in discussion with Ministers or officials.
Beer Duty
Mr. David Nicholson : To ask the Chancellor of the Exchequer (1) what representations he has had about the compliance costs for small brewers of the new collection system for beer duty ; and if he will make a statement ;
(2) what estimate he has of the compliance costs to the United Kingdom brewing industry arising from the requirements proposed in the Customs and Excise draft notice 226 on a new collection system for beer duty.
Sir John Cope : Studies when the change was under consideration indicated that end product duty would reduce compliance costs for brewers. A study of the costs of the new system has been commissioned but it is too early to estimate the results. Small brewers have generally welcomed the changeover to an end product duty and none has made representations about the cost of compliance.
Windfall Tax
Mr. Pawsey : To ask the Chancellor of the Exchequer what assessment he has made of the impact of a windfall tax on United Kingdom companies on employment and on prices.
Mr. Dorrell : The precise impact of such a tax would depend on what form it took, but any increase in business taxation would be likely to impede job creation. Furthermore, the Government believe that excess profits should be avoided by encouraging competition and providing effective regulation of monopolies. We do not believe that excess profits should be tolerated in order to provide extra taxable capacity.
Inland Revenue (Privatisation)
Mr. Nicholas Brown : To ask the Chancellor of the Exchequer if he will continue to require Inland Revenue staff to sign the Official Secrets Act when the work is put into private agencies.
Mr. Dorrell : All Inland Revenue staff and staff of contractors working for the Department who have access to information about taxpayers are, and will continue to be, required to sign an acknowledgement that improper disclosure may lead to imprisonment for up to two years, or a fine or both.
Privatisation
Mr. Peter Bottomley : To ask the Chancellor of the Exchequer what plans he has to arrange the sales of British Coal, Caledonian MacBrayne, Channel Four Television
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Company, Commonwealth Development Corporation, Covent Garden Market Authority, English Industrial Estates Corporation and Welsh Fourth Channel Authority.Mr. Dorrell : The Government remain committed to the privatisation of British Coal. However, no decisions on the form or timing of privatisation will be taken until after the coal review White Paper has been debated. The future status of the Commonwealth Development Corporation is currently under review. Ministers have announced their intention to dispose of the assets of the Covent Garden market authority as soon as practicable. There are no current plans to privatise Caledonian MacBrayne or English Industrial Estates Corporation. Channel Four and Welsh Channlel Four are private sector bodies.
Value Added Tax
Sir Teddy Taylor : To ask the Chancellor of the Exchequer if he will make a statement setting out the nature and extent of the obligations taken on by the United Kingdom in respect of its zero rates for VAT on 24 June 1991, and on 27 June 1992.
Sir John Cope : At the meeting of the Economic and Finance Ministers Council on 24 June 1991 the member states including the United Kingdom agreed that under transitional arrangements member states which at 1 January 1991 applied for zero rates for VAT to particular goods and services in accordance with the provisions of Community law in force, would have the option of retaining them. The transitional period will continue at least until the end of the 1996 and thereafter until there is unanimous agreement on the definitive (origin) VAT system to operate after that. The United Kingdom has made clear that such agreement will not be forthcoming unless, among other conditions, our right to continue with our zero rates is fully protected.
No obligations were taken on by the United Kingdom in respect of its zero rates for VAT on 27 June 1992.
Drug Smuggling
Mr. Loyden : To ask the Chancellor of the Exchequer what consideration he has given to the information concerned with drug smuggling sent to the Attorney-General since 7 February by the hon. Member for Liverpool, Garston ; and if he will make a statement.
Sir John Cope [holding answer 19 February 1993] : I understand from the Attorney-General's Department that it has no record of having received any such correspondence.
Friendly Societies Commission
Mr. McMaster : To ask the Chancellor of the Exchequer if he will make a statement on the criteria he applies when appointing members of the Friendly Societies Commission ; and if he will list the relevant experience and professional qualifications of its current members.
Mr. Nelson [holding answer 22 February 1993] : The factors which the Treasury takes into account in making appointments to the Friendly Societies Commission include : the requirement for a mix of relevant skills and
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experience ; the need to ensure that there are no conflicts of interest which might prevent prospective commissioners from carrying out their statutory duties ; the importance of having a commission which can work as a team ; and the need for enough commissioners to carry out the commission's statutory functions.The relevant experience and professional qualifications of the current commissioners is :
Mr. D. W. Lee (Chairman)
Full-time civil servant for last four years. Registrar of Friendly societies since December 1989. Formerly with Lloyds Bank and Barclays ; Director of various companies in financial services and other sectors. Fellow of the Chartered Institute of Bankers, with a degree in law, LL.B (Hons.) London.
Mr. P. E. Couse, FCA
Retired Chartered Accountant. Formerly partner, Coopers and Lybrand and President of the Institute of Chartered Accountants.
Mr. F. da Rocha
Civil servant for 24 years (18 years in the Registry of Friendly Societies).
Dr. J. Dine
Barrister. Reader in Law at Essex University, with a doctorate in law.
Mr. J. A. Geddes
Actuary--Fellow of the Institute of Actuaries (retired). Formerly partner, R. Watson and Sons.
Mr. A. Wilson
Retired Civil Servant--formerly Registrar of Friendly Societies--and a qualified solicitor.
Brian Charrington
Mr. Loyden : To ask the Chancellor of the Exchequer if he will make a statement on the circumstances surrounding the release of Brian Charrington, arrested on a charge connected to the illegal import of cocaine, at the Manchester magistrates court in January. Sir John Cope [holding answer 19 February 1993] On counsel's advice the Commissioners of Customs and Excise agreed that the proper course of action was to drop the prosecution against Mr. Charrington on the basis that the evidence against him would not secure a conviction.
SCOTLAND
Legal Aid
Mrs. Ewing : To ask the Secretary of State for Scotland how many of the claims made by solicitors for payment by the legal aid fund in 1991-92 were settled within one month.
Lord James Douglas-Hamilton : The numbers of accounts submitted under each category of legal aid in 1991-92, and the percentage paid within one month, are as follows :
|Number |Per cent. paid
|within one month
-------------------------------------------------------------------------
Civil legal aid |21,015 |35.4
Criminal legal aid |61,777 |61.0
Advice and assistance |209,043 |47.4
Total |291,835 |49.5
Mr. Dewar : To ask the Secretary of State for Scotland how many persons received help under the legal aid advice
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and assistance scheme with a nil contribution in the latest year for which figures are available ; what percentage this was of the total number receiving advice under the scheme ; and what he estimates that percentage would have been if the changes in eligibility for civil legal aid had been in effect in that year.Lord James Douglas-Hamilton [holding answer 8 February 1993] : In 1991-92, 271,759 grants were made under the advice and assistance scheme. Of these, approximately 980 per cent. (244,000) had no contribution to pay.
Since there would have been no contributory band, the number of grants would have been smaller had the proposed changes in legal aid eligibility announced on 16 November been in force in 1991-92. All of those who qualified for assistance would have received it free of contributions.
Fishermen
Mr. Bill Walker : To ask the Secretary of State for Scotland how many deep sea and inshore fishermen were employed full time in Scotland in (a) 1972, (b) 1982 and (c) 1992.
Sir Hector Monro : The number of fishermen regularly employed in Scotland in each of the years requested are as follows. Separate figures for inshore and deep sea fishermen are not available. Part-time fishermen and crofters are excluded from the figures.
Fishermen regularly employed in Scotland Year |Number --------------------------- 1972 |8,110 1982 |7,247 1992 |<1>7,181 <1> Provisional.
Nurse Gradings
Mr. Kirkwood : To ask the Secretary of State for Scotland how many cases of appeals against nurse clinical grading are outstanding in each of the health boards and at the national level.
Mr. Stewart : I understand that virtually no nurse clinical grading appeals submitted under section 32 of the General Whitley Council conditions of service are outstanding at health board level. On 1 February 1993 there were 729 appeals to the Scottish Appeals Committee outstanding. On the same date 586 appeals at national level remitted by the Nursing and Midwifery Staffs Negotiating Council to the Scottish appeal team secretariat were outstanding ; the breakdown of these by health board is given in the table.
Health board |Appeals outstanding
--------------------------------------------------------------
Argyll and Clyde |37
Ayrshire and Arran |47
Borders |14
Dumfries and Galloway |8
Fife |35
Forth Valley |70
Grampian |39
Greater Glasgow |77
Highland |25
Lanarkshire |72
Lothian |58
Orkney |-
Shetland |3
Tayside |81
Western Isles |8
CSA |12
State Hospital |-
|-------
Total |586
Environmentally Sensitive Areas
Mr. Wallace : To ask the Secretary of State for Scotland what plans he has to designate further areas within Scotland as environmentally sensitive areas ; and if he will make a statement.
Sir Hector Monro [holding answer 19 February 1993] : Five areas selected for further designation as environmentally sensitive areas in Scotland were announced by my hon. Friend, Lord Strathclyde, on 6 March 1992 and will be introduced during 1993. They are the Argyll Islands, the Cairngorms Straths, the Central Southern Uplands, the Shetland Islands and the Western Southern Uplands. There are, at present, no plans to designate any further areas in Scotland.
Mr. Wallace : To ask the Secretary of State for Scotland what is the total area within Scotland currently designated as
environmentally sensitive areas ; and what is the total size of the additional areas whose designation comes into effect on 1 April.
Sir Hector Monro [holding answer 19 February 1993] : The total area currently designated in Scotland as environmentally sensitive area is 288,000 hectares. This area will be increased by a further 1, 098,000 hectares when the third round of environmentally sensitive areas is implemented during 1993.
Mr. Wallace : To ask the Secretary of State for Scotland by what percentage his Department's budget for payments to farmers in environmentally sensitive areas is due to change in 1993-94.
Sir Hector Monro [holding answer 19 February 1993] : The provision for environmentally sensitive areas in Scotland for the financial year 1993-94 is £5.3 million. This is an increase of approximately 36 per cent. over that for 1992-93.
Ambulance Service
Mr. Charles Kennedy : To ask the Secretary of State for Scotland by what date he expects all contracted-status ambulances to be phased out within the Highlands ; and how much money has been made available for such purposes since such a policy was instituted.
Mr. Stewart [holding answer 19 February 1993] : It is the policy of the Scottish ambulance service to phase out the use of ambulance contractors where demand justifies such a change and where it would be economical to do so. No specific date has been set, but the position is kept under review.
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Mineral Rights
Mr. Morley : To ask the Secretary of State for Scotland if he will list all the sites owned or formerly owned by the Forestry Commission where mineral rights have been sold in each of the last 10 years, giving the name of the site, the country in which it is located, and the amount received for the sale of those rights ; and if he will make a statement.
Sir Hector Monro [holding answer 22 February 1993] : The Forestry Commission does not sell mineral rights ; it grants licences and leases permitting the extraction of minerals, subject to the licensee or lessee obtaining planning permission. Details of individual licences and leases are not kept centrally and could be obtained only at disproportionate cost.
The Forestry Commission has received over £5 million from these licences and leases in the last 10 years.
Scottish Students
Mr. Salmond : To ask the Secretary of State for Scotland how many Scottish students are in (a) full-time and (b) part-time education within the United Kingdom.
Lord James Douglas-Hamilton [holding answer 18 February 1993] : The available information is given in the table. Full information is available for Scottish students in Scotland. No information is available for Scottish students on courses of further education outside Scotland, nor for those on part-time courses of higher education outside Scotland. The figures for Scottish students on full-time courses outside Scotland include only those studying in the traditional university sector in England, Wales and Northern Ireland, and those studying part-time in Scotland are assumed to be Scots-domiciled.
Scottish Domiciled Students in 1991-92
|Full-time|Part-time
------------------------------------------------------------
Higher education in Scotland |80,036 |43,010
Higher education elsewhere
in United Kingdom |3,462 |n.a.
Further education in Scotland
(provisional) |35,895 |188,645
Further education elsewhere
in United Kingdom |n.a. |n.a.
Higher Education
Mr. Salmond : To ask the Secretary of State for Scotland how many students have been in (a) full-time and (b) part-time higher education in Scotland in each year since 1985.
Lord James Douglas-Hamilton [holding answer 18 February 1993] : The information requested is given in the table. The table includes figures for all higher education institutions which will be funded by the Scottish Higher Education Funding Council from April this year. The figures given are for students on courses of higher education ; in addition, some of the institutions have some students undertaking courses of further education.
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Students on higher education courses at higher education institutes in Scotland
1985-86 to 1991-92
1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92
Name |Full time|Part time|Full time|Part time|Full time|Part time|Full time|Part time|Full time|Part time|Full time|Part time|Full time|Part time
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Aberdeen University |5,482 |411 |5,629 |549 |5,690 |575 |5,681 |570 |6,087 |631 |6,374 |687 |7,180 |728
Dundee University |3,222 |161 |3,300 |180 |3,444 |203 |3,613 |213 |3,762 |214 |4,166 |285 |4,482 |357
Edinburgh University |10,039 |707 |10,127 |764 |10,162 |775 |10,403 |922 |10,862 |971 |11,395 |1,016 |12,550 |1,115
Glasgow University |10,412 |2,505 |10,521 |2,587 |10,810 |2,533 |11,049 |2,097 |11,523 |1,970 |12,226 |1,632 |12,798 |1,485
Heriot-Watt University |3,319 |444 |3,487 |508 |3,798 |450 |4,108 |512 |4,396 |547 |3,570 |512 |3,733 |517
St. Andrews University |3,560 |112 |3,627 |116 |3,619 |144 |3,782 |121 |3,939 |108 |4,187 |106 |4,225 |80
Stirling University |2,589 |335 |2,897 |432 |3,059 |410 |3,207 |525 |3,416 |577 |3,472 |507 |3,972 |618
Strathclyde University |7,586 |943 |7,642 |1,291 |7,759 |1,226 |7,936 |1,355 |8,368 |1,558 |8,652 |1,666 |9,588 |1,948
Duncan of Jordanstone |1,006 |26 |1,026 |41 |1,059 |9 |1,073 |12 |1,188 |10 |1,272 |9 |1,312 |11
Dundee Institute |2,022 |199 |2,041 |179 |2,009 |198 |1,983 |199 |2,088 |290 |2,194 |343 |2,498 |498
Edinburgh College of Art |968 |142 |970 |139 |973 |165 |978 |180 |1,062 |152 |1,236 |35 |1,308 |77
Glasgow Polytechnic |3,370 |3,513 |3,376 |3,310 |3,352 |2,700 |3,535 |2,542 |3,749 |2,657 |4,503 |2,855 |5,013 |2,681
Glasgow School of Art |848 |120 |865 |268 |776 |270 |816 |162 |920 |202 |990 |211 |1,084 |174
Napier |4,301 |3,346 |4,572 |3,622 |4,741 |3,794 |5,221 |3,807 |4,905 |3,510 |5,091 |3,512 |5,595 |3,392
Paisley |2,861 |291 |2,860 |1,507 |2,870 |1,386 |2,971 |1,345 |3,072 |1,902 |3,242 |2,000 |3,899 |2,017
Queen Margaret College |1,225 |91 |1,263 |96 |1,283 |60 |1,376 |88 |1,522 |204 |1,588 |233 |1,712 |279
Queens College |837 |20 |851 |0 |884 |32 |981 |47 |1,260 |116 |1,369 |115 |1,679 |197
Robert Gordons |3,197 |475 |3,261 |450 |3,284 |442 |3,444 |437 |3,906 |622 |4,213 |825 |4,519 |1,008
Royal Scottish Academy
of Music and Drama |360 |0 |347 |0 |364 |0 |375 |0 |425 |0 |378 |0 |402 |0
Scottish College of Textiles |597 |63 |625 |48 |640 |100 |665 |52 |642 |41 |679 |31 |755 |30
Craigie |226 |37 |244 |47 |286 |0 |278 |0 |327 |0 |406 |0 |453 |0
Jordanhill |1,372 |757 |1,447 |698 |1,321 |658 |1,286 |675 |1,518 |669 |1,813 |673 |1,976 |653
Moray House |1,390 |257 |1,387 |197 |1,539 |9 |1,388 |150 |1,563 |60 |1,833 |55 |1,925 |42
Northern |872 |146 |929 |228 |883 |81 |866 |104 |1,055 |73 |1,318 |43 |1,438 |59
St. Andrews |573 |182 |608 |134 |581 |0 |555 |0 |669 |0 |858 |0 |1,005 |0
|------- |------- |------- |------- |------- |------- |------- |------- |------- |------- |------- |------- |------- |-------
Total |72,234 |15,283 |73,902 |17,391 |75,186 |16,220 |77,570 |16,115 |82,224 |17,084 |87,025 |17,351 |95,101 |17,966
Mr. Salmond : To ask the Secretary of State for Scotland how many (a) full-time and (b) part-time students have attended each separate higher education institute in Scotland in each year since 1985.
Lord James Douglas-Hamilton [holding answer 18 February 1993] : The information requested is given in the table. 1991-92 is the latest year for which figures are available. The figures exclude students studying with the Open university. Sandwich students are included in the full-time figures. Part-time in-service teacher training students are excluded from the part-time figures.
Year |Full-time|Part-time ---------------------------------------- 1985-86 |79,761 |39,192 1986-87 |81,640 |40,022 1987-88 |83,551 |40,136 1988-89 |84,968 |39,757 1989-90 |90,712 |40,886 1990-91 |96,844 |41,084 1991-92 |108,079 |43,010
Student Grants
Mr. Salmond : To ask the Secretary of State for Scotland how many Scottish students receive a full grant for (a) living at home and (b) living away from home.
Lord James Douglas-Hamilton [holding answer 18 February 1993] : As at 17 February 1993, the number of Scottish students who had been offered a full grant at the home rate for session 1992-93 was 10,775, of whom 469 subsequently withdrew. A further 27,162 were offered a full grant at the away from home rate, of whom 1,087 subsequently withdrew.
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GP Fund Holders
Mr. Ingram : To ask the Secretary of State for Scotland how many general practitioner fund holders within Lanarkshire health board have applied for and been granted fund holding status.
Lord James Douglas-Hamilton [holding answer 29 January 1993] : Latest information received from Lanarkshire health board indicates that 14 practices have applied to become fund holders and have been granted formal approval by the board. Eight of these practices will commence fund holding from 1 April 1993. The other six will commence as soon as practicable.
Overseas Trade
Mr. David Marshall : To ask the Secretary of State for Scotland what plans he has to encourage trade between Scotland and (a) Australia, (b) Canada, (c) New Zealand and (d) the United States of America ; and if he will make a statement.
Mr. Stewart [holding answer 5 February 1993] : My right hon. Friend established Scottish Trade International in December 1991 in order to offer Scottish companies one-door access to the wide range of export services and assistance available from the Scottish Office and Scottish Enterprise. These include the Government's overseas trade services (OTS) which STI promote and administer in Scotland on behalf of the Department of Trade and Industry. OTS can assist companies enter the markets of Australia, Canada, New Zealand and the USA. Complementing OTS, STI has its own north American business development programme.
In addition, particular events and promotions are planned. This month STI is co-operating with the Australia and New Zealand Trade Advisory Committee in the organisation of a seminar on the Australian and New
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Zealand markets. STI will also participate in a campaign to be launched in March which will aim to increase sales into the north American market.Competitive Tendering
Mr. Galbraith : To ask the Secretary of State for Scotland what guidance is given to health boards on the European Acquired Rights directive 77/187 in relation to compulsory competitive tendering ; and what plans he has to issue further guidance.
Mr. Stewart [holding answer 5 February 1993] : The existing guidance to health boards on competitive tendering does not specifically refer to the 1977 directive. However health boards have been advised to consult the central legal office where they are uncertain about the application of the Transfer of Undertakings (Protection of Employment) Regulations 1981 which are derived from this directive.
Further guidance on best practice and procedures for market testing will be issued to health boards in the near future in line with the Government's White Paper "Competing for Quality" (Cmnd. 1730).
Fish Landings
Mrs. Ewing : To ask the Secretary of State for Scotland what were the total landings of (a) haddock, (b) whiting, (c) cod and (d) monkfish at each Scottish port in January ; and if he will list the corresponding figures for the same month for each of the past five years.
Sir Hector Monro [holding answer 10 February 1993] : Figures for January 1993 are still too incomplete to alow meaningful comparisons with earlier years. Reasonably firm figures should be available by 25 February. As soon as possible thereafter I will arrange for copies of all the figures to be placed in the Library and I will send a set to the hon. Member.
Crime Statistics
Mr. Michael : To ask the Secretary of State for Scotland how many (a) burglaries of a dwelling, (b) burglaries other than of a dwelling and (c) burglaries in total were reported (i) in each police force area and (ii) in total for Scotland in each calendar year since 1979, and in the 12 months ended June 1992.
Lord James Douglas-Hamilton [holding answer 4 February 1993] : The available information collected centrally for calendar years 1979 -1991, was given in my reply to the hon. Member for Fife, Central (Mr. McLeish) on 3 February 1993 at column 231.
The available information collected centrally, for the 12 months ended June 1992, is given in the table.
Number of cases of housebreaking<1> recorded by the
police
in Scotland, 12 months ended June 1992
Police Force |12 months to June
|1992<2>
----------------------------------------------------------
Central |4,517
Dumfries and Galloway |2,254
Fife |8,710
Grampian |7,132
Lothian and Borders |17,837
Northern |<3>1,531
Strathclyde |69,802
Tayside |9,183
|-----
Scotland |<3>120,966
Notes:
<1>Includes cases of attempted housebreaking and
housebreaking with intent to steal.
<2>Provisional.
<3>Estimated.
Police Overtime
Dr. Godman : To ask the Secretary of State for Scotland what was the expenditure on overtime for the police force in (a) Strathclyde and (b) Scotland as a whole in each of the past four years ; and what is the estimated expenditure for overtime in 1992-93.
Lord James Douglas-Hamilton [holding answer 4 February 1993] : The information requested is set out in the following table :
8
Year |Strathclyde |Scotland
|£ |£
--------------------------------------------------------
1988-89 |12,819,000 |21,588,000
1989-90 |14,407,000 |24,517,000
1990-91 |12,897,000 |23,166,000
1991-92 |<1>12,923,000|<1>23,679,000
1992-93 |<2>14,737,000|<2>27,336,000
<1>Provisional.
<2>Estimated.
Private Roads
Mr. Kirkwood : To ask the Secretary of State for Scotland if he will list the ways by which individuals may challenge, or seek to change, the status of a road which is held by the local roads authority to be a private road in terms of the the Roads (Scotland) Act 1984 in circumstances where there is evidence that the road in question should be a public road in terms of the 1984 Act.
Lord James Douglas-Hamilton [holding answer 9 February 1993] : The procedures by which individuals may seek to change the status of a private road to a public road, for which a local roads authority would have responsibility, is set out in section 16 of the Roads (Scotland) Act 1984. Briefly this obliges the local roads authority to adopt a private road, on request, where the road is of a satisfactory standard in accordance with that authority's requirements. This section of the Act makes provision for any disputes to be determined by arbitration by a single arbiter, appointed in default of agreement by the sheriff on application by either party.
Additionally section 1(4) of the 1984 Act gives authorities a discretionary power to add roads to their list of public roads. An individual with sufficient title and interest in the matter may challenge the acts or omissions of a local roads authority in the discharge of its functions, with respect to the inclusion or exclusion of a road in its list of public roads, by means of an application to the Court of Session for judicial review.
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