Dear Convenor,
Comhairle on 6th May 2020 has Item 11 3.1.a) which notes the Agnew Opinion of 2nd April 2020.
Comhairle Q1 to Agnew concerns residents’ resources and is framed to exclude Schedule 4 of The National Assistance (Assessment of Resources) Regulations 1992.
The Agnew Opinion, as a direct consequence, is precluded from addressing the precepts of Schedule 4. It must be noted that Schedule 4, and most pertinently Clause 18 of Schedule 4, expressly requires the Comhairle to exercise discretion and disregard the value of those premises occupied in whole or in part by a third party. The third party in this case is the owner who has the registered interest in the premises in The Land Register of Scotland.
The implications of Item 11, as presented to Comhairle by noting the Agnew Opinion for approval, on the assessment of residents’ resources is unclear. Given that Schedule 4, is excluded from Comhairle Q1 and excluded from Agnew Opinion to Q1, can you clarify if your Comhairle policy arising from Item 11 is to excludeSchedule 4 or to include Schedule 4 of the Regulations.
Comhairle on 6th May 2020 has Item 11 3.1.a) which notes the Agnew Opinion of 2nd April 2020.
Comhairle Q1 to Agnew concerns residents’ resources and is framed to exclude Schedule 4 of The National Assistance (Assessment of Resources) Regulations 1992.
The Agnew Opinion, as a direct consequence, is precluded from addressing the precepts of Schedule 4. It must be noted that Schedule 4, and most pertinently Clause 18 of Schedule 4, expressly requires the Comhairle to exercise discretion and disregard the value of those premises occupied in whole or in part by a third party. The third party in this case is the owner who has the registered interest in the premises in The Land Register of Scotland.
The implications of Item 11, as presented to Comhairle by noting the Agnew Opinion for approval, on the assessment of residents’ resources is unclear. Given that Schedule 4, is excluded from Comhairle Q1 and excluded from Agnew Opinion to Q1, can you clarify if your Comhairle policy arising from Item 11 is to excludeSchedule 4 or to include Schedule 4 of the Regulations.
Clarity is necessary on this issue as discussion on Item 11 was closed down immediately without Comhairle, which convened as a committee, having the opportunity to fully consider the policy matter details contained in Item 11. Full discussion and the opportunity to consider the detail of Item 11, with Councillors gaining a considered and comprehensive understanding on the effects of applying, or not applying, Schedule 4 on current and future generations of crofters was prevented.
Quite simply, is it Comhairle policy that Schedule 4 containing Clause 18 be excluded or be included when considering the assessment of residents’ resources and the particular effect that this has on premises in tenure and held in tenancy and owned by a third party landlord?
I look forward to your clarification on this matter.
Yours sincerely
Cllr Calum Macmillan
