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Committee reports Date published: 28 April 2023

Stage 1 Report on the Charities (Regulation and Administration) (Scotland) Bill - Overview of the Bill

The Bill is comprised of twenty sections and one schedule, and— provides for the provision of information about charity trustees (both public information and internal information for OSCR’s use), updates the law in relation to disqualification criteria (expanding the grounds upon which a person is, subject to a possible waiver, disqualified from acting as a charity trustee; extending this to certain senior management functions; and providing for a publicly searchable record of persons who are disqualified by reason of having been removed from office in Scotland), extends the current rules allowing OSCR to appoint interim charity trustees to cases where the charity is not in a position to request OSCR’s assistance, in relation to accounts, provides for these to be publicly available on the Register as well as allowing for the possible removal of charities which fail to submit accounts and then ignore communications from OSCR about that failure, requires the recording of charity mergers in a publicly accessible record and making default provision under which legacies transfer...
Committee reports Date published: 8 March 2023

Subordinate Legislation: The Non-Domestic Rates (Miscellaneous Anti-Avoidance Measures) (Scotland) Regulations 2023 - The Regulations

The Policy Note then provides further information on the “observed types of avoidance behaviours that are covered by these regulations” as follows- Avoidance through the transfer of liability to a third party; “Artificial” Leasing (including doing so in order to meet the criteria for a relief); Insolvency and “Phoenix-ing”: Pheonix-ing involves leasing a pr...
SPICe briefings Date published: 15 December 2022

Property Factors - Frequently Asked Questions - Executive Summary

There can be also be situations where the title deeds to properties (the legal documents transferring ownership) require a factor to be appointed (perhaps even stating which factor).
Committee reports Date published: 2 December 2022

Stage 1 Report on the Moveable Transactions (Scotland) Bill - Electronic signature requirements

Injustices such as the one described above [in relation to transferring a guarantee as part of a house sale] are likely and not just for consumers.
Committee reports Date published: 25 May 2022

Subordinate Legislation Considered by the Delegated Powers and Law Reform Committee on 24 May 2022 - Scrutiny of instruments under the Committee’s remit: instruments drawn to the attention of the lead committee

Scrutiny of instruments under the Committee’s remit: instruments drawn to the attention of the lead committee Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (SSI 2022/Draft) The instrument sets out provisions for transferring specified individuals in Scotland, currently in rece...
Committee reports Date published: 24 March 2021

Social Security Committee Session 5 Legacy Report - The Scottish Fiscal Commission and the Scottish budget

The Scottish Government receives funding from the UK Government through ‘Block Grant Adjustments’ (BGA), machinery of government transfers and the Barnett formula. If there is a large difference between BGA and forecast spend on a benefit, this could have a potentially large impact on the Scottish budget.
Committee reports Date published: 28 September 2020

Re-opening Scotland's courts and tribunals system - High Courts

Increasing Solemn Sentencing Powers in Sheriff Courts - by increasing the sentencing powers in the Sheriff court, some cases would potentially transfer away from the High Court. Trial Without Jury - this model is based on a judge sitting without a jury and with any combination of two sheriffs, two Justices of the Peace and two or more professional lay juror...
SPICe briefings Date published: 2 June 2020

Issue 8: EU-UK Future Relationship Negotiations - UK legal text special edition - Data sharing and SIS II

These will be dependent on the EU adopting an "adequacy decision" before the end of the transition period (this is an assessment that a non-EU country has an adequate level of data protection so that data transfers can be made outside the EU).iIn the past, the EU has recognised 13 countries as offering adequate protection including Japan, New Zealand and C...
SPICe briefings Date published: 1 April 2020

The revised UK Fisheries Bill - 3.5.2 Distribution of fishing opportunities

These include which UK fishing vessels each Administration will license and how UK quotas are allocated to, and may be transferred between, the four UK countries.
SPICe briefings Date published: 26 March 2020

Issue 3: EU-UK future relationship negotiations - Law enforcement and judicial cooperation in criminal matters

Law enforcement and judicial cooperation in criminal matters Under this title, the EU's draft legal text covers the following issues: General Provisions Exchanges of DNA, Fingerprints and vehicle registration data (“PRUM”) Transfer and processing of passenger name record data (PNR) Cooperation on operational information Cooperation with Europol Cooperatio...

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