Glasgow: 0141 221 5562 Edinburgh: 0131 220 7660

Scottish Land Fund for Community Ownership in Scotland

Scottish Land Fund for Community Ownership in Scotland

On 22 April 2016, further legislation augmenting and transforming rights and responsibilities governing land ownership in Scotland entered into force. Furthering the Scottish Government's aim of bringing an intended million acres of land into community ownership, the Land Reform (Scotland) Act 2016 makes further provisions designed to engage communities in decision making and facilitate community ownership. How can Scottish Land Fund help community ownership?

The Scottish Government have announced that the Scottish Land Fund will continue until 2020 and have trebled support to £10 million

Requirement for Electrical Installation Condition Report in Scotland

Requirement for Electrical Installation Condition Report in Scotland

Landlords should be aware that the Housing (Scotland) Act 2014 introduced the requirement in Scotland for landlords to have an Electrical Installation Condition Report (EICR) carried out on all electrical installations, fixtures and fittings within their rental properties. The requirement has been in place since 1st December 2015 for any new tenancies entered into but from 1st December 2016, all tenancies must have a valid EICR, a copy of which must be provided to the tenant.

The EICR lasts for 5 years and

Raising a Court Action: How Long Have I Got?

Raising a Court Action: How Long Have I Got?

In Scotland, prescription is the law that regulates the period in which parties can pursue claims. If I was raising a court action - how long have I got?

Most claims in law prescribe after five years, which means that a party wishing to make a claim after that five year period may be prohibited from successfully raising that claim.

There are certain other categories of claim to which specific periods apply, such as product liability, defamation and harassment.

The purpose of allowing this period

Brexit - The End of Public Procurement Rules?

Brexit - The End of Public Procurement Rules?

Following the recent signing of the CETA free trade deal between the EU and Canada, many are asking what the UK has in store in relation to trade and, specifically, public procurement rules, upon withdrawal from the EU.

The public procurement rules which apply in Scotland come from the EU Procurement Directive therefore, once the UK has left the EU, does this mean the end for public procurement law in this country?

The possible scenarios for the UK?s exit from the EU include:

  • The Norway

Judicial Review - A Year on from the Changes

Judicial Review - A Year on from the Changes

There were three significant changes to Judicial Review procedures brought in to effect by the Courts Reform (Scotland) Act 2014. The 2014 Act made provision for wide-ranging reforms to the Scottish civil courts system in Scotland, as well as important reforms to the court procedure associated with judicial review in relation to time bar, permission to raise Judicial Review proceedings and the requirement to "front load" applications for Judicial Review.

Time bar

It is now a requirement that applications for judicial review are made

Driving Employment Rights Forward

Driving Employment Rights Forward

What do you need to know about the Uber Employment Tribunal Case and how will this affect employment rights?

In a landmark decision, an Employment Tribunal has held that Uber, popular smart-phone taxi app, must treat its drivers as 'workers' opposed to self-employed. This gives Uber drivers a range of employment rights whilst placing obligations on Uber to uphold these. However, this case is likely to have wide reaching implications. This blog will look at the key facts of the Uber case and tell

What Should I Know About Hiring Students?

What Should I Know About Hiring Students?

In 2015, 77% of university students worked to help fund their studies. With the new university year beginning, what do employers, and students, need to know about hiring students?

  1. ' Regulations for Younger Workers '

Most university students are over the age of 18, but some students may be younger. Workers under the age of 18 have additional employment rights. For example 16 & 17 year olds are entitled to a 30 minute rest break if they work more than 4.5 hours. It is

Making Alterations to Your Property

Making Alterations to Your Property

If you are considering making alterations to your property it is important to make sure that you have all necessary permissions before getting started.

Depending on what you are planning to do, you may need Planning Permission, a Building Warrant and/or Listed Building Consent from your local authority. Your architect can assist with this and with the completion of any necessary application forms.

Some alterations can be carried out as "permitted development" and therefore do not need permission but it is always best to check

Sexual Harassment in the Workplace - What You Need to Know

Sexual Harassment in the Workplace - What You Need to Know

In August 2016 a TUC survey of 1,500 women found that more than half of women of the women surveyed have experienced sexual harassment in the workplace. Sexual harassment is a key issue in the workplace today that has a severe impact on employers and employees. With this in mind we look at what you need to know about sexual harassment at work.

What is Sexual Harassment?

Sexual Harassment is a broad term that covers a variety of situations. Both men and women can be

I'm Young and Healthy, Why Would I Need a Power of Attorney?

I'm Young and Healthy, Why Would I Need a Power of Attorney?

A power of Attorney is something often associated with the elderly and young people may ask - why would I need a power of attorney? However this important legal document is something everyone should consider putting in place. Accidents or illness can, unfortunately, occur at any age and granting Power of Attorney can ensure that someone you trust is able to manage your affairs and make important decisions about your health and well being if something was to happen to you in the future. In

Notifiable Events Requirement for Charities

Notifiable Events Requirement for Charities

You may be aware of the Office of the Scottish Charity Regulator (OSCR) updates that involved a request for all charities to report Notifiable Events. Whilst there is no legal requirement to report an event, OSCR are keen to encourage charities to report to them when there has been a significant event which may or may not have a negative impact on an individual charity or the wider charity sector.

Types of notifiable events can be as follows:-

  • Fraud and theft
  • Substantial financial loss
  • Incidents

Does a Registered Social Landlord need a PSC Register?

Does a Registered Social Landlord need a PSC Register?

You may be aware of developments requiring all UK private companies, including companies limited by guarantee and UK LLPs, to keep a Person of Significant Control (PSC) Register.

This has been introduced by the Small Business, Enterprise and Employment Act 2015 to increase corporate transparency by creating a full picture of the ownership of businesses.

Registered Social Landlord (RSL) - Co-operative and Community Benefit Society

Most RSLs are societies registered under the Co-operative and Community Benefit Societies Act 2014 (formerly the Industrial and Provident Societies

Letting Agent Guilty Under the Consumer Protection from Unfair Trading Regulations

Letting Agent Guilty Under the Consumer Protection from Unfair Trading Regulations

Earlier this month a Scottish letting agent pled guilty to an offence under the Consumer Protection from Unfair Trading Regulations 2008. What was perhaps surprising was that the 'offence' committed by the letting agents was the failure to lodge deposits with an approved tenancy deposit scheme on behalf one of their landlord clients.

In terms of the Tenancy Deposit Scheme (Scotland) Regulations 2011, a landlord has a duty to pay any deposit received from a tenant into an approved tenancy deposit scheme within 30 working

The Impact of ECHR on the Private Rented Sector

The Impact of ECHR on the Private Rented Sector

Notwithstanding the recent Brexit vote, the European Convention on Human Rights (EHCR) remains part of our law at least for now. It's impact on the social rented sector has been clear since the decision of the Supreme Court in Manchester City Council v Pinnock [2010] CSIH 78 (particularly Article 8: the right to respect to respect for private and family life). In short, in social rented eviction cases, the courts are required to balance the rights of the parties facing eviction and consider whether granting

Key Changes Introduced by the Trade Union Act 2016

Key Changes Introduced by the Trade Union Act 2016

In a year that has seen headlines dominated by strikes of junior doctors and Scotrail staff, the introduction of the Trade Union Act 2016, is likely to be of great interest to both employers and employees. The Trade Union Act 2016 (TUA), which is expected to come into force throughout the year, incorporates a number of changes for the Trade Union regime throughout the U.K.

The Key Changes

Balloting

Before industrial action can take place, a Trade Union must ballot its members. Members will cast

Why I Would Recommend a Modern Apprenticeship

Why I Would Recommend a Modern Apprenticeship

Trying to decide which career path to go down towards the end of my time at school was a difficult and somewhat daunting process, as is the case for a lot of school leavers. The decision lies between further education, such as college and university, or to go straight into the big bad world and get a job. I know first-hand how hard a choice this can be. I found the idea of further education very appealing however I wanted to be earning money. I

How Will Brexit Affect Employment Law?

How Will Brexit Affect Employment Law?

On Friday the 24th June 2016 the country woke up to the news that the majority of voters in the United Kingdom had voted to leave the European Union. Whilst the implications of this referendum will be far reaching, the question on a number of people's lips is how will Brexit affect employment law?

The UK will continue to remain a member of the EU until there is agreement on when we will leave. However, there are a number of employment issues that are

Essential Compliance with the UN Disability Convention

Essential Compliance with the UN Disability Convention

Solicitors, healthcare and social work professionals, and others need to be aware of the major changes in practice required to ensure compliance with the UN Convention on the Rights of Persons with Disabilities. They must apply these changes now, within the framework of existing legislation, pending upgrading of the UK's adult incapacity and mental capacity legislation. The UK ratified the Convention without reservation in 2009. The UK also ratified the Optional Protocol to the Convention, allowing citizens who claim to be victims of breach of

Housing (Scotland) Act 2014 - The Changes Are Coming!

Housing (Scotland) Act 2014 - The Changes Are Coming!

It has been over two years since the Housing (Scotland) Act 2014 was passed by the Scottish parliament.

This Act proposes to introduce significant changes in many areas of housing management and practice for registered social landlords.

It would now appear that the implementation of the various proposals will commence this year.

Draft versions of guidance on the following topics will be available towards the end of June (edit September 2016: guidance not yet issued but should follow at some point this year).

  • Legal Framework

Life as a Modern Apprentice

Life as a Modern Apprentice

In February of this year I began my Modern Apprenticeship with TC Young in Edinburgh. I am an Admin Assistant within the Property Department and the tasks I carry out as a modern apprentice can differ day to day. Some of the duties are:

  • Collecting mail in the morning as well as alternate evenings
  • Doing the filing for the solicitors
  • Collecting and preparing banking and recorded deliveries
  • Writing cheques
  • Preparing meetings and clearing up once finished
  • Arranging for delivery/collection from our offsite storage company
  • Undertakings