Meeting of the Parliament 27 February 2025
That is a valid point. It is not just about reminding local authorities of their obligations but about how they implement them. It is fine to have the powers, but are they able to implement them?
Licensing is important. The licensing system, which was introduced in 2019, provides local authorities with the range of powers that we have talked about to manage and, ultimately, revoke licences for sites that have received planning permission for residential use. A few members have discussed the issue, particularly with regard to Covid, of park homes that have been sold while being misrepresented. I remember a few cases of constituents coming to me because they were in the same situation. They were told that they had to move out for a period and were not aware of that right at the start—that had not been described at the start—so we have to eradicate that problem.
The Scottish Government provided model standards for local authorities to take into account when setting licensing conditions, as well as guidance to help with the operation of licensing systems and to provide some consistency. Mr Mundell’s point on that is really important.
In addition, mobile homes are a consumer purchase, and caravan park owners and operators are subject to consumer protection legislation. It is important to keep protections under review, and we are taking action to do that.
We have talked about pitch fee increases, which are regulated by the Mobile Homes Act 1983, so fees do not increase by more than RPI. We have listened to concerns from residents that the gap between RPI and CPI has been greater in recent years, with the effect being that pitch fees are growing faster than pensions income. The Housing (Scotland) Bill, which I will come on to in a second, includes a proposal to update the inflation rate in the 1983 act to CPI. As RPI is typically above CPI, we expect there to be a slower rate of increase in pitch fees once the change comes into force.
We are committed to undertaking a post-implementation review of the residential homes site licensing scheme before the end of this parliamentary session, as has been referred to by a few members. What we have heard in the debate today will be part of that discussion on how to address some of the problems. We will consider the issues that have been raised about the operation of the scheme to date.
I am aware of the on-going concerns of residents, as highlighted by members today. I have heard concerns directly from SCOPHRA, and I have a mobile home site in my constituency, so I know that there can be issues with sites. The issues that we have heard about today are ones that I have heard from constituents. I have met representatives of SCOPHRA previously, and I am happy to meet SCOPHRA, Mr Fraser or anybody else outwith the bill discussions that we have had.
I wish to address a few specific points. I thank Colin Beattie for the work that he has already carried out. He made some points about adaptations and Ofgem, and I will summarise some of those issues. Graeme Dey mentioned the role of local authorities. Oliver Mundell talked about site licensing and misselling—I will come on to site licensing. Foysol Choudhury talked about some issues concerning storms, and I will touch on what we are considering in that regard, too. I thank other members for the points that they raised.
I have talked about what we are planning to do with the licensing scheme. One key thing concerns energy. One of the actions that I will take away from today’s debate is to contact Ofgem about that. There are certain rules and regulations under which site owners should be operating. I will write to Ofgem today, and I am happy to share information with Mr Fraser on the back of that. That is a really important issue. There is guidance from Ofgem on site owners charging only at the price paid for unit energy, plus the standing charge, so site owners cannot profit from charges to residents.
We have spoken about adaptations. Local authorities have a duty to ensure that the needs of disabled residents, whatever their housing circumstances, are met and to offer support under the provisions of the Chronically Sick and Disabled Persons Act 1970. We plan to undertake a review of the current housing adaptations system, which will make recommendations on how best to improve and streamline the system and how to better target resources.