Holyrood agrees general principles of National Care Service Bill

Bill ‘not fit for purpose’ say unions

Legislation which will see the introduction of a National Care Service for Scotland (NCS) has passed Stage 1 in Parliament.

MSPs have voted for the general principles of the National Care Service (Scotland) Bill which will ensure greater transparency in the delivery of community health and social care, improve standards, strengthen the role of the workforce and provide better support for unpaid carers.

The proposals include establishing a National Care Service Charter, rights to breaks for carers and provisions to enact Anne’s Law so people in care homes have the right to be visited by their families.

Social Care Minister Maree Todd said: “We need long-term, widespread transformation to fix some of the ingrained issues within the system and ensure sustainability for the future.

“We have spent considerable time working with people with lived experience on how to reform social care for the better. I’m grateful to the thousands of people who have lent their voices and I am determined to ensure the Bill delivers the positive change needed.

“Today’s vote shows that the Scottish Parliament also recognises this and I am grateful to them for bringing us one step closer to this urgent reform.

“This Bill is the biggest public sector reform since devolution and it is our chance to make meaningful change that we all agree is needed to the social care system. I know the people of Scotland will see huge benefits.”

Scotland’s largest trade union bodies have condemned the Scottish Government’s proposed National Care Service Bill as ‘not fit for purpose’ as MSPs approve the legislation at Stage 1.

The Scottish Trades Union Congress (STUC) alongside the three biggest social care unions in Scotland – UNISON, GMB SCOTLAND and UNITE – have written to the Cabinet Secretary for NHS Recovery, Health and Social Care Neil Gray outlining their shared concerns on the Bill.

The letter states that social care workers’ concerns have been ‘widely ignored’ by the Scottish Government and that, at this stage of proceedings, the Bill as drafted remains ‘firmly unacceptable’.

Last week the Scottish Parliament’s Health, Social Care and Sport Committee’s report into Stage 1 drew criticism from trade unions who outlined the ‘glaring deficiencies’ of the proposals on costs and operation of the service.

Commenting, STUC General Secretary Roz Foyer said: “It beggars belief that, despite repeated warnings to the Scottish Government, Scotland’s social care workers are still in the dark on the basic fundamentals of the new National Care Service.

“Our social care sector already suffers from insecure conditions and low pay. We cannot risk those weaknesses being carried over into any new system of nationalised care.

“We must see the Scottish Government take seriously the recommendations of the Health, Social Care and Sport Committee’s report into the Bill. This would include improving pay, terms and conditions for social care staff, including a £15 per hour minimum wage. We also need to see Scottish Government guarantees on Fair Work and sectoral bargaining in addition to full sick pay from day one of employment.

“Our social care staff are the lifeblood of our system. We value their work and it’s high time the Scottish Government does likewise.”

COSLA: “SIGNIFICANT CONCERNS” ON NATIONAL CARE SERVICE PLANS

Speaking ahead of the Stage 1 debate for the National Care Service Bill in the Scottish Parliament on Thursday 29^th February, Councillor Paul Kelly, COSLA’s Health & Social Care Spokesperson, commented: “Councils have expressed significant concerns regarding current National Care Service plans and believe there is still work to do to ensure proposals can meet aspirations.

“In particular, Council Leaders are disappointed in the decision of the Scottish Government to continue to push through legislation where a power will be given to Ministers to delegate children and justice services, despite the potential disruption to services and extensive negotiations and concessions from Local Government.

“Council Leaders remain concerned that such a move risks excessive centralisation of decision-making away from local people and areas. Leaders did agree that COSLA should continue to work closely with Scottish Government to address these concerns.

“COSLA welcomes the progress which has been made in reforming some National Care Service proposals, including that local authorities will continue to play a central role in the delivery of, and accountability for care.

“There is a pressing need to improve people’s experiences of accessing and delivering care in Scotland. Although legislative and governance reform may be part of that, the reality is that national funding decisions – including the proposed council tax freeze which has not been fully funded – will further squeeze local care and social work services which are already under incredible pressure.

“Investment in social care must be seen as a priority which can enhance the wellbeing of people, of society and of Scotland.”

Having passed Stage One, the National Care Service (Scotland) Bill moves into Stage 2 where amendments will be considered by the Health, Social Care and Sport Committee before Stage 3, when the full Parliament makes a final vote on whether to pass the Bill.

‘I’m a Vet – and muzzles are not bad for our pets’

PDSA urges to see past the muzzle & breaks down misconceptions ahead of Scotland’s new laws

Last released figures shared by Defra showcased that more than 35,000 dogs have been registered in England and Wales under the XL Bully exemption scheme. Not factoring in the number of dogs living in Scotland who as of 23 February will be required to wear a muzzle, there’s bound to be a surge in dogs outside wearing muzzles.

Muzzles can be divisive, and vet charity PDSA is seeing this first hand.

PDSA Vet, Lynne James, explains there’s many misconceptions around muzzles, which all XL Bully type dogs must now wear when out and about, in order to comply with the Exemption rules. This includes when being transported in a car.

“Experts and animal welfare organisations have campaigned against breed bans for decades, but it’s a big myth that muzzles are bad for dogs.

“As a Vet, and working in the profession, muzzles are no stranger to us. In fact, muzzles can be extremely helpful in our line of work.

“We’re very keen to highlight misconceptions about muzzles. For many, especially now, muzzles are going to be part of their daily routine – grab your dog’s lead, collar and muzzle before heading out for walk.

“Dogs don’t care what they look like – that’s a human thing. Thinking a dog in a muzzle must be ‘dangerous’ just isn’t accurate when muzzles have other uses. Vet professionals see them on a day-to-day basis and frankly, see past the muzzle.

The leading vet charity shared some of the muzzle misconceptions it has heard since the ban was announced:

Muzzles are prison for pooches
They are animal cruelty
Look barbaric
Muzzles look like a monstrosity
Horrible contraptions

Why use a muzzle?

“We do understand how muzzles can create the fear of the unknown, especially if you’ve only seen them portrayed on fierce looking guard dogs in films! It’s important to be aware though – muzzles can be used for other positive reasons, and many of the dogs you may see out and about wearing them these days are not to be feared.

“Muzzles can be especially helpful for dogs who like to eat non-food items – owners who have a dog who munches on poo whilst out on walks will understand this better than most!

“They can also create some safety for dogs themselves, if a dog does like to sniff out things to pick up when on walks, a muzzle can help to stop them easily picking up potentially harmful foods or substances.

“Even the friendliest of dogs can find some situations stressful – such as visits to the groomers or the vets, particularly if they’re in pain or have had a previous uncomfortable experience. That’s why we’d recommend all owners include muzzle training with their general dog training, it’s just as handy for your dog to be happy wearing a muzzle as it is for them to know how to ‘sit’ and ‘wait’, should you need them to.”

“It’s also imperative people understand that a muzzle is not ‘animal cruelty’. If a dog is wearing a suitable, comfortably fitting, spacious muzzle, they should be able to fully pant, drink water, and even take treats with ease.

Choosing the right muzzle for your dog

“When choosing the best muzzle for your individual dog, you want to make sure that:

There’s roughly 1cm space between your dog’s nose and the very end of the muzzle.
There’s plenty of airflow so your dog doesn’t overheat and can breathe normally.
Enough room for your dog to comfortably open their mouth to eat and drink.
Plenty of space for your dog to fully pant.
Should be made of a durable but comfortable material so it doesn’t break but also doesn’t irritate your dog’s skin.

“It’s always key for pet owners to slowly introduce a muzzle in a positive way, to help their dog become confident and happy wearing it.

“Muzzle training shouldn’t be rushed and should always be done at a dog’s pace, in several short sessions over a few weeks, so they have time to adjust and feel comfortable wearing a muzzle.

“Whilst muzzles have their uses for shorter periods of time, they aren’t meant to be worn as a constant. However, a good walk, whether short or long, that suits the energy levels of your dog is fine to wear a muzzle for.”

Key dates for XL type owners in both England and Wales:

31 March 2024 — deadline for your dog to be microchipped (and microchip number provided to Defra by email or post, by this date) if your dog was less than eight weeks old when you applied for a Certificate of Exemption.
30 June 2024 — deadline to have your dog neutered (and neutering evidence provided to Defra by email or post, by this date), if your dog was more than one year old on 31 January 2024.
31 December 2024 — deadline to have your dog neutered (and neutering evidence provided to Defra by this date), if your dog was less than one year old on 31 January 2024.

Scotland’s ban timeline:

It has been announced restrictions for XL Bullies will come into place on 23 February 2024 in Scotland.
From this date, owners of XL Bullies will need to comply with the restrictions: dogs must wear a muzzle and be on a lead when in public. It will also be illegal to sell, or advertise for sale, abandon, give away or breed the dogs in Scotland.
From 31 July 2024, it will be illegal to own an XL Bully without having an Exemption. We’re still awaiting information for how owners will be able to apply for an Exemption, and when they can do so.

There’s plenty of muzzle training guidance and advice on PDSA’s website, as well as the information the vet charity knows about both the England and Wales ban, and the Scotland ban.

Pet Abduction Bill “a desperately needed safety net” for nation’s pets, says animal charity

The UK’s biggest cat charity Cats Protection has again welcomed the Pet Abduction Bill after it cleared another hurdle through parliament yesterday.

The Bill – proposed by Anna Firth MP – will give cats and their owners greater protection in law and help prevent pet theft.

Annabel Berdy, Senior Advocacy & Government Relations Officer for Cats Protection said: “This proposed law is a desperately needed safety net for the nation’s pets, helping to stamp out the criminals who prey on much-loved animals.

“Pet abduction is a particularly nasty crime, often leaving owners in permanent limbo about the fate of their pets and putting the animals themselves at high risk of mistreatment.

“Currently, the theft of an animal is regarded in law as being level with the theft of a mobile phone – and that is clearly not the case. Pets are not merely property – they are sentient beings, capable of suffering pain and fear, and are utterly irreplaceable to their owners.

“A new and specific offence will also enable police to build an accurate picture of pet theft across England and Northern Ireland by requiring a specific log, as opposed to the current situation where pet theft is recorded as property theft.”

The charity added that the new law would help tackle the backstreet market in purebred cats and kittens, driven by a growing demand for pedigrees.

Annabel said: “More than 40 per cent of all cats obtained in the last 12 months were pedigree, and criminals will no doubt capitalise on this demand. They may target pedigree cats for onward sale, or – if they’re unneutered – keep them as breeding animals to produce litter after litter of kittens to sell.

“We’re hugely encouraged to see the Pet Abduction Bill making such swift progress through parliament and will be working tirelessly with other animal charities and politicians to push it forwards. We cannot let this important opportunity to protect pets and owners slip through our hands.”

Cats Protection is the UK’s leading cat welfare charity and has helped an average of 157,000 cats and kittens a year over the last five years through its national network which includes around 210 volunteer-run branches and 34 centres.

New XL Bully dog safeguards to be introduced in Scotland

Owners urged to prepare for changes

The first of a two-stage approach to new legal safeguards on XL Bully dogs will come into force on 23 February subject to parliamentary approval.

From this date, it will remain legal to own an XL Bully dog but owners must ensure their dogs are muzzled and on a lead when in a public place. Selling, gifting or exchanging XL Bully dogs will also be prohibited.

Stage two of the new rules, which come into force from 31 July, will make it an offence to own an XL Bully without an exemption certificate or having applied for an exemption certificate. This means existing XL Bully dog owners will need to consider whether they wish to keep their dogs and if so will have to apply and pay for an exemption permit by that date.

Full details as to what date applications for an exemption certificate will open, how to apply and the support available will be announced in the coming weeks.

The new regulations, which are subject to approval by Parliament, are being introduced as a consequence of similar controls on the breed that have been introduced by the UK Government in England and Wales, which have resulted in reports of dogs being moved to Scotland.

Minister for Victims & Community Safety Siobhian Brown said: “It is vital XL Bully dog owners get ready for the first stage of legal safeguards that will come into force on 23 February. These new rules are intended to prevent risks to public safety and animal welfare and keep our communities safe.

“The second stage of legal safeguards will provide owners seeking an exemption an appropriate length of time to decide how to prepare for the forthcoming change in the law ahead of the 31 July deadline.

“The vast majority of dog owners are responsible animal lovers and we know owning a dog brings with it important responsibilities. I would encourage owners to make themselves aware of the new laws and get ready for them.”

The penalties available to a court upon conviction for breach of the new safeguards are up to six months imprisonment and/or a fine up to £5,000.

Letter to Criminal Justice Committee.

The definition to be used for an XL Bully dog is the same as used by the UK Government. This can be found at: Check if a dog is an XL Bully – GOV.UK (www.gov.uk)

Local authorities have existing powers under the Control of Dogs (Scotland) Act 2010 to serve Dog Control Notices that set out what dog owners must do to bring their dogs under control to combat ‘out of control’ dogs at an early stage.

Ban on unregistered XL Bully dogs now in force in England and Wales

It is now illegal to own an XL Bully dog unless it is registered and complies with strict rules including being neutered and muzzled in public

The ban on XL Bully dogs is now in force making it illegal to own an unregistered XL Bully dog from today (1 February).

This delivers on the Government’s pledge to take quick and decisive action to protect the public from devastating dog attacks by adding the breed type to the list of dangerous dogs.

The decision was made following a concerning rise in fatal dog attacks involving the XL Bully breed type. Up until 2021 there were around 3 fatalities per year. There have been 23 since the start of 2021 – with the XL Bully being involved in many of these tragic attacks.

From today, anyone found in possession of these dangerous dogs and is not meeting the strict rules will have their dog seized and faces prosecution and a criminal record.

Environment Secretary Steve Barclay said: ““The ban on XL Bullies is now in place meaning it is illegal to own one of these dogs unless it has been registered.

“We have delivered our pledge to bring in this important measure to protect public safety, and we expect all XL Bully owners to comply with the strict conditions.”

In order to safely manage the existing population of these dogs, owners of XL Bully dogs must register their dogs and make sure they comply with strict rules.

“This includes having them microchipped, kept on a lead and muzzled when in public and, to ensure these dogs cannot continue breeding, they must also be neutered. For most dogs, this will be by 30 June, and for dogs under one year old, this should be by the end of 2024.

The Government will continue supporting the police to make sure the ban is effectively enforced, and ministers met with police chiefs this week to discuss their preparations to implement the ban.

The ban applies to England and Wales. The Scottish Government has also announced they will be bringing forward an XL Bully Ban (see above).

New law to protect vulnerable people

Making the internet safer for all

A new offence which makes it a crime to encourage or assist another person to self-harm comes into effect in Scotland today (31 January).

The offence can be committed online, in correspondence or publications, or in-person and applies regardless of whether an individual goes on to injure themselves or not. Anyone found guilty of this crime can face up to five years in prison.

It is hoped it will act as a deterrent to anyone who sets out to deliberately encourage others to self-harm and will create a safer online environment, particularly for people who may be in distress and looking for help on the internet.

Mental Wellbeing Minister Maree Todd said: “We welcome this new offence which criminalises people who encourage or assist another person to serious self-harm. It will help to make the internet a safer place for everyone.

“We believe this new law aligns with our ambitious approach on self-harm, which is laid out in our dedicated Self-harm Strategy and Action Plan. It demonstrates our ambition to improve support for people who self-harm – a critical part of which is ensuring people are protected from harmful communications.”

Samaritans Scotland Executive Director Neil Mathers said: “Samaritans Scotland welcomes new legislation to take action against those who encourage or assist another person to engage in serious self-harm.

“It is hugely important to keep people safe online and protected from dangerous content and those wishing to cause harm.

“This legislation should only apply to those who encourage self-harm in a deliberate and malicious way, and aims to deter them from targeting vulnerable people.

“The internet can provide advice, helpful information and supportive networks for people seeking help about self-harm. It is crucially important that people can access this support, while being kept safe from dangerous content and those wishing to cause harm.”

The offence under the Online Safety Act (2023) was extended to Scotland through a Legislative Consent Motion agreed in the Scottish Parliament on 29 June 2023.

The Self-harm Strategy and Action Plan was published jointly with COSLA on 28 November 2023.

Tourist Tax legislation clears first hurdle

Legislation which would give councils the power to introduce a visitor levy to raise funding for local tourism facilities and services has passed its first vote in Parliament.

MSPs have voted to endorse the general principles of the Visitor Levy (Scotland) Bill, which would enable councils to apply a levy on overnight stays in line with many tourist destinations across Europe. All money raised would be reinvested in facilities and services that are substantially used by visitors, benefitting tourists and local economies.

The proposals were backed in a Scotland-wide consultation led by the Scottish Government. Should they wish to use the powers, councils would be required to consult local communities, businesses and tourism organisations on whether a visitor levy should be brought in and how any revenue should be spent.

Representatives from the tourism industry, COSLA, the Scottish Government and other partners have formed an expert group to consider how the legislation could be best implemented if passed.

Speaking after the Stage One vote in Parliament, Public Finance Minister Tom Arthur said: “I strongly believe that a visitor levy can be a force for good, offering councils the opportunity to use the proceeds to invest in their local economy, bringing benefits to residents and visitors alike.

“This Bill is about giving local government a new power, which they can use as appropriate. It fits with our ambition of fiscally empowering local government and strengthening local democracy, and the New Deal for Business and the New Deal for Local Government are at the heart of the Scottish Government’s approach to this measure.

“We have already taken on board the helpful input we have had from business, councils and others and I am committed to continuing that meaningful and constructive engagement as we move forward.”

COSLA’s Resources Spokesperson Councillor Katie Hagmann said: “I am delighted to see the progression of the Visitor Levy Bill through Parliament.

“The introduction of visitor levy powers is a small but significant step towards maximising the revenue raising powers available to local government, enabling those closest to the community, your democratically elected councillors, the power to decide what works best for their local communities, and recognising the great diversity of needs across Scotland.

“The revenue raised by the levy has the potential to provide much-needed additional investment in our communities, in areas from the natural environment to cultural and leisure facilities, at a time when local government is facing significant strain on resources. Meanwhile, we are keen to ensure that this additional revenue stream helps us to maintain Scotland’s position as a world-leading tourist destination.

“We are fully committed to further joint work with the Scottish Government as the Bill continues its journey through Parliament, as well as continued engagement with colleagues across our important tourism industry.”

Having passed Stage One, the Visitor Levy (Scotland) Bill will be considered for line-by-line amendments by the Local Government, Housing and Planning Committee before Stage Three when the full Parliament considers further amendments and makes a final vote on whether or not to pass the Bill.

If passed, the legislation will give local authorities the power to introduce a visitor levy in all or parts of their area. The levy would be a percentage of the overnight accommodation cost, with the rate set by the local council.

The levy would be collected by the accommodation providers and remitted to the relevant local authority. It would apply to almost all types of overnight accommodation, including hotels, self-catering accommodation and campsites.

Of the 27 European Union member states, 21 charge occupancy taxes.

New safeguards on dangerous dogs to be introduced in Scotland

‘Public safety paramount’

Tight safeguards on XL Bully dogs are to be introduced in Scotland to make it a criminal offence to own the breed without an exemption certificate.

The legislation will mirror what has been introduced by the UK Government in England and Wales, and prevent Scotland from becoming a ‘dumping ground’ for this breed.

Under the new rules, existing owners will be required to consider whether they wish to keep their dogs. If they do, they will have to apply and pay a fee for an exemption permit. This will require owners to ensure appropriate safeguards are taken for their XL Bully dogs such as muzzling when in public, being on a lead when in public, taking out insurance and neutering their dogs.

In addition, it will be illegal to sell an XL Bully dog, abandon a dog or let it stray or give it away.

Subject to parliamentary approval, the Minister for Victims and Community Safety will make a statement to Parliament next week on these new safeguards.

First Minister Humza Yousaf said: “We recognise that the vast majority of dog owners are responsible animal lovers.

“However, now that we know the full implications for Scotland of the UK government’s measures, we are urgently bringing forward new safeguards on XL Bully dogs. It is essential Scotland is not adversely impacted because of any loopholes created as a consequence of the introduction of the UK Government’s policy in England and Wales.

“Recent reports of XL Bully dogs being moved to Scotland from south of the border are concerning and it’s important we do not become a dumping ground for the breed, leading to unacceptable risks to public safety and animal welfare.

“We will be working at pace to bring forward necessary regulations to mirror the system introduced in England and Wales as soon as possible. We will continue to engage with key stakeholders going forward and to offer practical support to help owners comply with these new safeguards.”

The UK Government announced its decision to introduce new controls on XL Bully dogs with no advance notice or consultation with the Scottish Government.

Scottish Government consults on ending conversion practices

Consultation on measures to protect people from harm

Views are being sought on planned legislation to end conversion practices which seek to change or suppress a person’s sexual orientation or gender identity.

The consultation presents detailed information on proposals for legislation in Scotland, setting out what the law would cover and how it would work in practice.

The proposed legislation seeks to prevent and respond to harmful acts while protecting existing freedoms including speech, religion and belief.

Situations that could be covered by the proposed legislation, if carried out with the intention to change or suppress a person’s sexual orientation or gender identity and which cause that person harm, include:

therapy or counselling that requires a person to change or suppress on their same sex attraction
prescribing medication to suppress a person’s sex drive
repeatedly or continuously controlling a person’s activities and appearance
repeatedly or continuously threatening or humiliating someone

Equalities Minister Emma Roddick said: “Conversion practices, which aim to change or suppress a person’s sexual orientation or gender identity, are damaging and destructive acts that violate people’s human rights. Sadly, these practices still happen today and they have absolutely no place in Scotland.

“In taking forward our commitment to ban conversion practices we are leading the way in the UK and joining the growing list of countries acting to address this harm.

“The consultation responses we receive will help us to further consider those measures we can take to stop the harm of conversion practices and protect those at risk while ensuring that freedoms – including freedoms of speech, religion, and belief – are safeguarded.”

Chief Executive at LGBT Health and Wellbeing Mark Kelvin said: “Conversion practices are widely discredited and extremely harmful and have no place in any inclusive society.

“Whilst we’d like to think that they’re a thing of the past, or not happening in Scotland, we know that some LGBTQ+ people in Scotland are still being subjected to these abhorrent practices and we welcome the Scottish Government’s leadership and action on this issue.

“Our freephone helpline is staffed by a trained team who specialise in LGBTQ+ mental health and wellbeing. Callers can expect compassionate and non-judgmental support, resources to help navigate their experiences, and referrals to other support if needed.”

The consultation runs until 2 April 2024.

Support is available through the conversion practices helpline.

New legal restrictions on XL Bully dog now in force in England and Wales

It is now illegal to breed, sell, advertise, gift, exchange, and abandon these dogs or let them stray

New restrictions on the XL Bully dogs are now in force (31 December) making it a legal requirement for all XL Bully dogs to be kept on a lead and muzzled when in public. It is also illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray from today.

The decision to ban XL Bully dogs was made following a concerning rise in attacks from these dangerous dogs, with 23 people sadly losing their lives after vicious dog attacks in the last three years. XL Bullies have been involved in many of these tragic deaths.

Owners are also being urged to apply to register their current XL Bully dogs, as the Government takes action to safely manage the existing population of the breed. There is only a month left to meet the deadline when the ban comes into force on 1 February.

Owning an unregistered dog after this date will be a criminal offence, with owners who don’t facing a criminal record and an unlimited fine. Owners who do not want to keep their dogs after this date should take them to a vet to have them put down.

If owners are unsure whether their dog could be classed as an XL Bully, they should check their dog carefully against our guidance and photo examples of XL Bully dogs to help them decide.

Environment Secretary Steve Barclay said: “The Prime Minister pledged to take quick and decisive action to protect the public from devastating dog attacks with measures in place by the end of 2023.

“We have met that pledge – it is now a legal requirement for XL Bully dogs to be muzzled and on a lead in public. It is also now illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray.

“All XL Bully owners are expected to comply with the law and we will continue to work closely with the police, canine and veterinary experts, and animal welfare groups, with further restrictions on XL Bully dogs coming into force on 1 February.”

The UK Government has taken a staggered approach to safely manage the existing population of XL Bully dogs, while ultimately banning the breed.

On the 31 October, XL Bully dogs were added to the Dangerous Dogs Act, with owners given two months to prepare for the first stage of the ban.

Since the 31 December [today], it is illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray. All XL Bully dogs must also be kept on a lead and muzzled when in public.

From 1st February all XL Bully dogs which must be registered.

From 30 June, XL Bully dogs over 1 year old must be neutered, this is extended until the 31 December for younger dogs.

NOTE: THIS LEGISLATION DOES NOT APPLY IN SCOTLAND

Legislation passed on council tax on second and empty homes

Increasing housing availability using the tax system

New powers enabling councils to charge up to double the full rate of council tax on second homes have been agreed by the Scottish Parliament. Councils will be able to increase the charges from 1 April 2024, with rates for the first year being based on those from 2023-24.

The change brings second homes into line with council tax policy on long-term empty homes and aims to increase housing availability by encouraging more homes to be used for living in.

New owners of properties that have previously been empty for more than twelve months will now have a six-month grace period, during which they will be protected from paying double the full council tax rate, with the potential for the six months to be extended by councils. This is subject to evidence that renovations or repairs are being undertaken by the owner with a view to the building being brought back into use.

Public Finance Minister Tom Arthur said: “I’m pleased Parliament has backed this important legislation. These changes to council tax were a commitment made in our Programme for Government and aim to make sure the tax system works as an incentive to prioritise homes for living in.

“A majority of those who responded to our consultation earlier this year supported councils being able to charge a council tax premium on top of regular rates for second homes.

“By protecting those renovating an empty home from paying the empty home premium, we are incentivising new ownership and giving them time to organise and undertaken the work necessary to bring it back into use.”

Councillor Katie Hagmann, COSLA’s Resources Spokesperson, said: “I am delighted that this important legislation has now been given Parliamentary approval. COSLA very much welcomes the ability for councils to take the decision to increase the premium on second homes in their areas.

“This supports our long-standing position that councillors who are closest to their communities should be empowered to take the decisions about what best works in their local communities, demonstrating the value of the Verity House Agreement.”

The Council Tax (Variation for Unoccupied Dwellings) (Scotland) Amendment Regulations 2023

A second home is classed as any home that is not used as someone’s primary residence but that is occupied for at least 25 days in a year.

Latest figures show that at the end of September 2022, there were 24,287 second homes in Scotland.

Second homes are currently subject to a default 50% discount on council tax. However, local councils can vary council tax charges and the majority already charge second home-owners the full of council tax, the maximum currently allowed.