Scottish Government switch from Ryde's Scale to quantum meruit basis: EIR release

We have been advised that Transport Scotland issued an instruction to the District Valuer’s Office to the effect that agents negotiating fees for any compensation claim relating to the AWPR received prior to 1 May 2014 were to be treated on the basis of Ryde’s Scale +25%. Any claims received after that date would be treated on a quantum meruit basis.

We are seeking the following information, specifically in relation to the basis of calculation of Professional Fees and with reference to the abandonment of Ryde’s Scale.

1. Please provide us with a copy of the instruction issued by Transport Scotland to the District Valuer’s Office containing the decision to implement the quantum meruit basis for calculating professional fees. (This was a change from the previous ad valorem basis of settling claims for professional fees which was Ryde’s Scale + 25%.)

2. Please provide us with copies of the relevant communications between the Scottish Government and Royal Institute of Chartered Surveyors which confirmed the formal abolition of Ryde’s Scale.

3. Please provide us with copies of any correspondence including emails or letters between Transport Scotland and the District Valuer’s Office, from 1 January 2012 to 31 June 2018 and copies of any minutes of meetings with these parties at which this matter was discussed?

4. Please provide us with copies of minutes of any internal Transport Scotland meetings and internal emails relating to changes to Ryde’s Scale and Professional Fees from 1 January 2012 to 30 June 2018?

5. Please provide copies of documents issued advising the District Valuer’s Office, RICS, consultants, agents and members of the public of the intention to change, or detailing changes that were to be made to a policy, (which has been the established basis for the calculation of professional fees since 1996) for the period 1 January 2012 to 30 June 2018?

6. Please provide details of all consultation exercises undertaken as part of the changes to Rydes Scale and Compulsory Purchase Order Compensation Claims - Basis for calculation of Professional Fees as detailed above from 1 January 2012 to 30 June 2018

7. Please provide details of the legislative changes that were enacted to enable Transport Scotland/ the Scottish Government to apply the methodology of quantum meruit which superseded the Ryde’s Scale ad valorem basis, from 1 January 2012 to 30 June 2018?