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Legal Capacity, Guardianships & Power of Attorney Scotland

Legal Capacity, Guardianships & Power of Attorney Scotland

What do you know about legal capacity, Guardianships & Power of Attorney? In Scotland, a person is deemed to have legal capacity to act and make decisions on their own behalf once they reach the age of 16. This means that parents no longer have any authority to make decisions or deal with agencies on their son or daughter's behalf once they turn 16.

Why is legal capacity important?

For most people, taking on responsibility for their own decisions and actions at age 16 is

Community Empowerment and Renewal Bill Consultation

Community Empowerment and Renewal Bill Consultation

The Government has opened a consultation on their proposed Community Empowerment and Renewal Bill. It is an open consultation and the Bill will be drafted in light of the responses received.

Current Law

Currently a rural community with a population of less than 10,000 can register an interest in a piece of land and be given the first opportunity to buy it if it comes up for sale; as long as the community is able to demonstrate:-

  • community support for the purchase; and
  • positive economic,

Will My Insurance Cover Damage Caused by Flooding?

Will My Insurance Cover Damage Caused by Flooding?

Not only do torrential downpours make everyone feel miserable the severe weather can also cause serious flooding and damage to your property. Forecasting the weather is a science, and while you can take steps to reduce the damage and be prepared for the worst, it is also very important to insure your contents against flooding. We are often asked - will my insurance cover damage caused by flooding?

Will your insurance policy cover any damage caused by flooding?

Check all insurance policies and make sure

The End of the Right to Buy

The End of the Right to Buy

A consultation paper has been produced by the Scottish Government with a view to reform the Right to Buy. The proposal is either to:

1. abolish it entirely, or

2. remove the preserved Right to Buy and transfer all tenants currently with that entitlement to the modernised Right to Buy

The preferred option (whatever that may be) will be included in the next Housing (Scotland) Bill.

This consultation has already caused a bit of a stir in the political field, not least with the Conservative

Comply with Public Procurement Regulations

Comply with Public Procurement Regulations

How do you comply with the new public procurement regulations? The Public Contracts (Scotland) Regulations 2012 came into force in May 2012, replacing the 2006 procurement regulations.

The new regulations consolidate the 2006 public procurement regulations and subsequent amending regulations into one document, as well as incorporating some important changes.

What are the main changes?

  • Time limits for raising an action: Aggrieved tenderers must now raise a court action against a public body carrying out a procurement exercise within thirty days of the date on

When is a Power of Attorney Effective in Scotland?

When is a Power of Attorney Effective in Scotland?

Why are individuals in Scotland reluctant to put a Power of Attorney in place? The reality is that many are concerned about losing control over their finances and assets. In fact, most people put a Power of Attorney in place as a rainy day document and their Attorney does not have authority to act straight away. So when is a power of attorney effective in Scotland?

I don't want my Attorney to act immediately - what do I do?

Most people grant a Power of

Section 75 agreements & impact on the planning process

Section 75 agreements & impact on the planning process

Section 75 Agreements have been part of the planning process for some time. In recent years their use has increased as a means of addressing issues which may flow from a planning application. The Scottish Government issued guidance setting out Policy Tests which must be met before a Section 75 Agreement is to be used. Section 75 Agreements do not replicate planning conditions, instead they introduce planning obligations.

The Policy Tests are as follows:

  • Should be necessary;
  • Should serve a planning purpose;
  • Should be related

Scottish Housing Regulator: When Do RSLs Need Consent?

Scottish Housing Regulator: When Do RSLs Need Consent?

The Scottish Housing Regulator assumed full regulatory powers on 1 April 2012, but what does this actually mean for RSLs in Scotland? And do they need consent from the Regulator before any disposal of land?

Section 107 of the Housing (Scotland) Act 2010 now replaces Section 66. RSLs must obtain consent from the Regulator prior to any disposal of land, unless the type of disposal is specifically exempted or is covered by General Consent.

This all sounds familiar, but there is something new:-

Where a

Do I Need an Employment Contract?

Do I Need an Employment Contract?

We are often asked - do I need an employment contract? The employment status of an individual isn't always easy to answer, but is important for a number of reasons. Certain legal rights only apply if an individual is an employee: e.g. the right not to be unfairly dismissed and the right to receive a statutory redundancy payment. If you don't have an employment contract is that a problem?

By law an employee is defined as an individual who has entered into or works under

Housing Benefit Changes Affect Landlords

Housing Benefit Changes Affect Landlords

In October 2013, the UK government plans to make changes to housing benefit. How will these housing benefit changes affect landlords in Scotland?

The Government intends to introduce a single 'universal' credit which will be paid to claimants of working age. The idea is to simplify the system for claimants, and make it easier for staff to administer. The new benefit will begin to be introduced in 2013 and will be completely phased in by 2017.

What will this mean in practice?

  • Housing benefit will

Pre-nuptial Agreement Scotland - Are They Worthwhile?

Pre-nuptial Agreement Scotland - Are They Worthwhile?

What do you know about prenuptial agreements. Donald and Melania Trump have one, as do Michael Douglas and Catherine Zeta-Jones. But what are they? Should you have prenuptial agreement. Are they enforceable in Scotland? Or are they just for the rich and famous?

There were 29,070 marriages in Scotland during 2014. Considering this, and the fact that the average age at which people marry for the first time has increased by over two years in the last decade (to 32.9 years for men and 31.0

Debt recovery Scotland: Have you considered bank arrestment?

Debt recovery Scotland: Have you considered bank arrestment?

Debt Recovery Scotland - Where an order for payment is granted in a court or tribunal, this will not automatically result in payment. The order will need to be enforced against the debtor and his or her assets. One method of enforcing an order for payment is by executing an arrestment.

What is an arrestment?

A form of diligence where a creditor with a court order can arrest the debtor's moveable property where that property is in the hands of a third party, e.g. arrestment

Importance of Signing a Building Contract

Importance of Signing a Building Contract

We are regularly consulted when there is a dispute regarding a building contract. In order to advise the client, we ask to see the signed contract, only to find that the contract was never actually executed (signed) by both parties. Sometimes there is a letter confirming acceptance of a tender, but the actual contract terms have never been signed. Clearly this presents problems determining exactly what obligations there were on the contractor and the manner in which these were breached, leading to disputes. How important

Letting Agents - Can a Tenant Reclaim Fees?

Letting Agents - Can a Tenant Reclaim Fees?

We blogged about the Scottish Government's current consultation on letting agents charging premiums and possible amendments to the definition of a premium. Since then, Shelter launched a campaign encouraging tenants to reclaim your fees. Shelter wants the Scottish Government to clarify the legislation to make it clear to tenants, landlords and agents just what charges are permitted, if any, over and above rent and a security deposit. So if you are letting agents - can a tenant reclaim fees?

So what is a premium?

The

Housing Associations and Lenders Requirements

Housing Associations and Lenders Requirements

Are lenders becoming more difficult with RSLs about seemingly routine property matters? In recent times, it has seemed to me that the answer is ?yes?.

I often advise clients on the following matters:-

- the grant of leases of office premises ;

- the preparation of Deeds of Conditions for?new affordable housing developments;

- the grant of deeds of servitude and?wayleave rights to utility companies for new developments.

These are routine types of transaction, however, once the wording of the lease or other type of

City of Edinburgh Council Suspend Statutory Notices

City of Edinburgh Council Suspend Statutory Notices

Concerns over tendering for work under the City of Edinburgh Council Statutory Notices Scheme has resulted in an independent investigation being carried out by Deloitte. Until the investigation is complete all non-emergency statutory repair work has been suspended. Only emergency work, or work which has already started, will be dealt with. You can check the Council's website to find out what is categorised as an emergency:

Edinburgh City Council Statutory Repairs

What if a Statutory Notice is in place but the work has not started?

When Does Financial Support End?

When Does Financial Support End?

At exam times we are regularly asked - when does financial support end? This question is asked by both custodial and non-custodial parents.

Tense teenagers and anxious parents are thinking about important qualifications. Good results can secure places at colleges and universities - but that can lead to worries about the cost of further education and how to protect children from debt.

Separated and divorced parents should not make the mistake of thinking that they only have an obligation to pay for their child until

Do I Need to Change My Will After Divorce?

Do I Need to Change My Will After Divorce?

We are frequently asked - do I need to change my Will after divorce? The focus is usually on immediate worries, such as the arrangements for the children, the household bills and the family home. Although it is necessary to get advice about such matters, it is equally important to think not just about the past, the present and the immediate future, but also to plan ahead and think about how divorce and separation can affect your Will.

  • If you separate from your spouse but

What Legal Status Do Volunteers Have?

What Legal Status Do Volunteers Have?

We are often asked by charities: what legal status do volunteers have? And how they should be recruited? It's increasingly common for school leavers and the unemployed to undertake volunteering to boost their CVs.

Although volunteers aren't covered by discrimination legislation it's sensible to adopt the same recruitment practices as paid employees, including a robust paper trail documenting every decision made in the process:

  • from shortlisting;
  • to interview notes; and
  • the offer.

Decisions should be recorded clearly and in an objective manner to minimise disputes

Private Landlords - Don't Lose Your HMO Licence!

Private Landlords - Don't Lose Your HMO Licence!

Landlords in the private rented sector in Scotland must register with their local authority for an HMO licence and must be deemed fit and proper persons. Additionally, where properties are being let to multiple occupants, the property itself also requires to be licensed. Where a landlord has a number of different HMO properties then the landlord's behaviour at one property can impact on the licensing of another. So make sure you don't lose your HMO licence!

A recent court case showed that landlords are expected