Public conveniences queries: FOI release

Information requested

‘I should be grateful to receive the undernoted information under the FOISA.

Question 1: Could the Scottish Government please confirm or otherwise whether Local Councils have a responsibility under the Local Government Acts or Public Health Acts to provide public conveniences to the residents of their area? Please could you detail the specific sections of the relevant Act(s).

Question 2: If the response to question 1 is Yes they do have a responsibility, please provide any guidance issued to Local Councils which sets out how many PCs per head of population is recommended and whether Local Councils have a responsibility to maintain such Public Conveniences in a condition which meets public health standards?

Question 3: Please provide the most up-to-date list, by Local Council area, of how many public conveniences are provided and maintained by each local authority area and if possible the financial cost per Local Council area of such PC provision?

Question 4: Do the Scottish Government consider the provision and maintenance of public conveniences by Local Authorities to be in the interests of public health locally and in support of the Tourism sector?

I look forward to receiving a response to this FOI request.’

Response

Question 1: Could the Scottish Government please confirm or otherwise whether Local Councils have a responsibility under the Local Government Acts or Public Health Acts to provide public conveniences to the residents of their area? Please could you detail the specific sections of the relevant Act(s).

There are no duties under the public health Acts on local authorities to provide public toilets. The Public Health etc. (Scotland) Act 2008 is concerned with duties to protect public health, then defined as protecting against infectious diseases, contamination or other hazards which are a danger to human health.

Section 26 of the Local Government and Planning (Scotland) Act 1982 gives local authorities a power to provide, maintain, and equip toilets in such places as they consider appropriate. However, this is just a power and there is no duty to make toilets available, and no number that has to be provided.

Question 2: If the response to question 1 is Yes they do have a responsibility, please provide any guidance issued to Local Councils which sets out how many PCs per head of population is recommended and whether Local Councils have a responsibility to maintain such Public Conveniences in a condition which meets public health standards?

Not applicable as the answer to your first question is that there is no duty or responsibility on local authorities to provide public conveniences.

Question 3: Please provide the most up-to-date list, by Local Council area, of how many public conveniences are provided and maintained by each local authority area and if possible the financial cost per Local Council area of such PC provision?

The Scottish Government does not hold this information. This is because councils are independent bodies with their own powers and responsibilities separate from the Scottish Government. I would suggest contacting each council to request this information, contact details are available at: https://www.cosla.gov.uk/councils.

Question 4: Do the Scottish Government consider the provision and maintenance of public conveniences by Local Authorities to be in the interests of public health locally and in support of the Tourism sector?

The provision of clean, well maintained and accessible toilets is in the interest of public health and could support the tourism sector, however this is the responsibility of local government. Local authorities must use their resources as efficiently as possible and deliver services effectively to ensure taxpayers get the best possible value. How this is done is a matter for each council - councils are autonomous bodies, responsible for managing their own day to day business, including the delivery the public conveniences.

About FOI

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