Public Procurement Thresholds 2024/2025
The Scottish Ministers have recently revised the public procurement thresholds for Scotland to ensure they are in line with the World Trade Organisation’s Government Procurement Agreement (GPA). The updated thresholds apply to procurement exercises which commence on or after 1st January 2024, and will remain applicable until 31st December 2025. As with the last threshold revisions made […]
Companies House Reforms – Companies House Enhanced Powers
On 26 October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent. The Act has been put in place to tackle money laundering in the UK. There are major changes coming to Companies House in terms of the Act, which will change Companies House role from a recipient of information to a more active gatekeeper […]
Committee Member Eligibility for RSL’s Committee of Management
The recruitment of volunteer Committee Members can be challenging for a number of RSLs and, whilst our RSL clients are keen to encourage a wide range of interested individuals onto their Committee, an individual’s ability to become a Committee Member (being a member of the Committee of Management) is not absolute. Most RSLs adopt the […]
Personal Data Exemptions under Section 38(1)(b) of Freedom of Information (Scotland) Act 2002
Where a Scottish public authority (including Registered Social Landlords (RSLs)) receives a Freedom of Information (FOI) request relating to one of their “FOI functions“such information must be provided, except where an exemption applies under The Freedom of Information (Scotland) Act 2002 (FOISA). FOI requests often contain elements of third-party personal data, meaning that RSLs must […]
Companies House Reforms – Filing at Companies House and ID Verification
At the time of issuing this blog, the Economic Crime and Corporate Transparency Bill is still progressing its way through Parliament and is currently at the 3rd reading in the House of Lords. To reiterate information from our earlier blog on this subject (which can be found here – Companies House Reforms – Verification of Directors and […]
Private Sector Tenancy Update
Continuation of Rent Cap and Eviction Moratorium On 1st June 2023, Scottish Ministers published plans to extend the Cost of Living (Tenant Protection) (Scotland) Act 2023. The publication can be found here Plans to extend protections for tenants – gov.scot (www.gov.scot) Additionally, Scottish Ministers published the draft regulations which, if approved by the Scottish Parliament, will […]
Moveable Transactions (Scotland) Bill
Scots Law has always had problems in providing creditors with fixed security (i.e. a security ranking prior to all other claims) over assets other than land. Examples include: That is because: a) Physical assets can only be secured if they are in the creditor’s possession which is impractical if the debtor requires to use them as […]
Public Procurement Thresholds 2020/2021
The European Commission has released its updated public procurement thresholds that applies to Registered Social Landlords (RSLs) from 1 January 2020. Every two years, the European Commission updates the financial thresholds at which the EU Directives apply. The Public Contracts (Scotland) Regulations 2015 set out specific procedures for awarding contracts in excess of the threshold […]
Parent Company Guarantees v Performance Bonds – What Option Is Best For You?
In the current economic climate, contractor default is even more prevalent in the construction and engineering industries. Therefore, Registered Social Landlords (RSLs) should always look to protect their position when entering into construction contracts by taking active steps to guard against the risk of potential insolvency of contractors. Parent Company Guarantees v Performance Bonds – What option […]
The New Charities Bill
The Charities (Regulation and Administration) (Scotland) Bill is designed to provide a series of practical improvements to problems which have arisen since the coming into force of the Charities and Trustee Investment (Scotland) Act 2005. Key changes are: Information held by OSCR A criticism often been levelled at Scottish charity legislation is the paucity of publicly […]
