There are 87,700 results relating to "employee assistance programme"
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Official Report
Meeting date:
2 May 2019
Meeting of the Parliament 02 May 2019
Section 12IAE places a duty on NHS boards to ensure that employees receive the time to carry out continuing professional development.
Official Report
Meeting date:
18 March 2015
Economy, Energy and Tourism Committee 18 March 2015
We are much more interested in growth opportunities and how we can assist companies, or how we can ensure that others assist them, if we are just a signposter.
Last updated:
4 May 2023
SP15BillS62023
Ranking of pledges etc. 30 58 Ranking (1) Subject to the provisions of this section and of any other enactment, the priority in ranking of— (a) any two pledges, or (b) a pledge and a right in security other than a pledge, 35 is determined according to their creation, the earlier created having priority over the later. 35 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 1—Pledge (2) Where a provider grants two or more statutory pledges over property which is not the property of the provider at the time the pledges are granted, the priority in ranking of the pledges is determined according to the dates on which and times at which they are registered effectively (see sections 89 and 90), the earlier having priority over the later. 5 (3) Where property is subject both to a pledge and to a security arising by operation of law, the security arising by operation of law has priority over the pledge. (4) The priority in ranking of a pledge is the same irrespective of whether the secured obligation is an obligation owed or is an obligation which will or may become owed. (5) As between any two pledges, or as between a pledge and a right in security other than 10 a pledge, the secured creditors or (as the case may be) the secured creditor and the 1 holder of that other right may set out in a written agreement— (a) that there is no priority in ranking, or (b) that any priority in ranking is to be determined in a way other than would be the case in the absence of such an agreement. 15 (6) An agreement under subsection (5)— (a) has effect only as between the parties to it and their successors, and (b) is not registrable in the register. 59 Amendment of Companies Act 1985 and Insolvency Act 1986 Both in section 486(1) of the Companies Act 1985 and in section 70(1) of the Insolvency 20 Act 1986, in the definition of “fixed security”— (a) the words from “a heritable security” to “1970” become paragraph (a) of the definition, and (b) after that paragraph insert “; or (b) a statutory pledge within the meaning given by section 111(1) of the 25 Moveable Transactions (Scotland) Act 2023;”. 60 Effect of diligence on pledge (1) Subsection (2) applies where diligence is executed in respect of property which is, or any part of which is, encumbered by a pledge. (2) The pledge has, in respect of the property or (as the case may be) the part, priority in 30 ranking over the diligence except in relation to any part of the secured obligation which consists of a sum— (a) advanced after execution of the diligence, and (b) not required to be advanced by— (i) a contractual agreement entered into before execution of the diligence, or 35 (ii) an undertaking entered into before execution of the diligence. (3) Subsection (4) applies where a pledge is created over property in respect of which, or in respect of part of which, diligence has been executed. (4) The diligence has, in respect of the property or (as the case may be) the part, priority in ranking over the pledge. 36 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 1—Pledge Enforcement of pledge 61 The expression “pledge” in sections 62 to 75 In sections 62 to 75, the expression “pledge” does not include a pledge as defined in section 189(1) of the Consumer Credit Act 1974 (that is to say, does not include a 5 pawnee’s rights over an article taken in pawn). 62 Enforcement of pledge: general (1) A pledge is enforceable only in accordance with the provisions of this Part. (2) A pledge may be enforced— (a) in such circumstances as are agreed between the provider and the secured creditor, 10 or 1 (b) subject to any such agreement, where there has been a failure to perform the secured obligation. (3) Any agreement under subsection (2)(a) must be in writing. (4) In enforcing a pledge, a secured creditor must conform to reasonable standards of 15 commercial practice. (5) Subsection (2) is subject to sections 53(3), 63 and 64. 63 Pledge enforcement notice (1) Before taking any other steps to enforce a pledge, the secured creditor must serve a notice in, or as nearly as may be in, the form prescribed for the purposes of this 20 subsection (to be known as a “pledge enforcement notice”) on— (a) the provider, (b) the debtor in the secured obligation (if a person other than the provider), (c) the holder of any other right in security over all or part of the encumbered property, (d) any creditor who has executed diligence against all or part of the encumbered 25 property, and (e) in the case of a statutory pledge over property which is capable of being occupied, any occupier of all or part of the property (if a person other than the provider). (2) But— (a) paragraph (c) of subsection (1) is to be disregarded if the secured creditor does 30 not know, and cannot reasonably be expected to know, of the right in security mentioned in that paragraph, and (b) paragraph (d) of that subsection is to be disregarded if the secured creditor does not know, and cannot reasonably be expected to know, of the diligence executed as mentioned in that paragraph. 35 (3) If, by virtue of subsection (1)(e) of section 87 of the Consumer Credit Act 1974, a default notice must be served on the provider, the requirements of that section and of section 88 of that Act must be satisfied before a pledge enforcement notice is served. 37 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 1—Pledge (4) The Scottish Ministers may by regulations modify this section so as to specify— (a) further persons, or descriptions of persons, on whom the secured creditor must serve a pledge enforcement notice (being persons who have statutory duties in relation to the provider’s estate), 5 (b) cases when the requirement to serve a notice on a person specified by virtue of paragraph (a) is to be disregarded. 64 Whether court order required for enforcement (1) A court order is required for enforcing a pledge only— (a) as mentioned in subsections (2) and (3), 10 (b) where taking possession of, or steps in relation to, encumbered property in 1 accordance with section 65(3) or (4). (2) In a case where the provider of a pledge is an individual, a court order is required for enforcing the pledge if the provider is a sole trader and enforcement is against property used wholly or mainly for the purposes of the provider’s business. 15 (3) A court order is required for enforcing a statutory pledge in respect of property which is the sole or main residence of an individual unless, after the pledge becomes enforceable by virtue of section 62(2), the following persons agree in writing to its being enforced without such an order— (a) the secured creditor, 20 (b) the provider, and (c) the individual whose sole or main residence is the property in question (if a person other than the provider). (4) The court is not to grant an order required by subsection (3) unless satisfied that enforcement is reasonable having had regard to all the circumstances of the case. 25 (5) Those circumstances include— (a) the nature of, and reason for, the default by virtue of which authority to enforce is sought, (b) whether the person in default has the ability to remedy the default within a reasonable time, 30 (c) whether the secured creditor has done anything to help the person in default remedy the default, (d) where it is, or was, appropriate for the person in default to take part in a debt payment programme...
Last updated:
21 March 2023
SPBill15AS062023
Statutory pledge 43 Constitutive document 25 (1) A statutory pledge requires a constitutive document. (2) The constitutive document must— (a) be executed or authenticated by the provider, (b) identify the property which is to be the encumbered property, and (c) identify the obligation which is to be the secured obligation. 30 (4) If the encumbered property is to consist of more than one item, the constitutive document must— (a) identify each item separately, or (b) identify the items in terms of their constituting an identifiable class. (5) The property identified (whether separately or as a class) as the property which is to 35 be the encumbered property may be either property of, or property to be acquired by, the provider. (6) For the purposes of subsections (2) and (3), the ways in which the encumbered property or the secured obligation can be identified in the constitutive document include by making reference in the constitutive document to another document, the terms of which 27 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 1—Pledge are not reproduced or (in addition in the case of encumbered property) to data not reproduced. 43A Competence of individual acting as provider of a statutory pledge (1) It is not competent for an individual to be the provider of a statutory pledge unless— 5 (a) the individual is acting in the course of— (i) the individual’s business, (ii) the activities of a charity of which the individual is a trustee, or (iii) the activities of an unincorporated association (other than a charity) of which the individual is a member, and 10 (b) the encumbered property is a permitted asset, or consists only of permitted assets. 1 (2) For the purpose of subsection (1)(b), an asset is a “permitted asset” if— (a) it is (as the case may be)— (i) used, or to be used, wholly or mainly for the purposes of the individual’s business, 15 (ii) an asset of the charity, or (iii) owned by the individual on behalf of, or jointly with the other members of, the association, and (b) in the case of corporeal property, it has a monetary value exceeding £3,000 immediately before the document under which it will become encumbered property 20 is granted. (2A) The figure specified in subsection (2)(b) must be read as if annually updated in line with the retail prices index. (3) The Scottish Ministers may by regulations— (a) modify subsection (2)(b) so as to modify the amount for the time being specified 25 there, (b) modify this section so as to specify types of property which are or are not permitted assets. (4) For the purposes of this section— (a) “charity” means— 30 (i) a charity within the meaning of section 106 of the Charities and Trustee Investment (Scotland) Act 2005, or (ii) an organisation managed or controlled wholly or mainly outwith Scotland and which is registered in a register equivalent to the Scottish Charity Register (kept under section 3 of that Act) for the purposes of the country 35 in which it operates, (b) a trustee of a charity is one of the persons having the general control and management of the administration of the charity. 28 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 1—Pledge 44 Competence of creating statutory pledge over certain kinds of property (1) It is not competent to create a statutory pledge over corporeal property which is— (a) an aircraft in respect of which it is competent to register a mortgage in the register of aircraft mortgages kept by the Civil Aviation Authority, 5 (b) an aircraft object (as defined in regulation 5 of the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (S.I. 2015/912)), or (c) a ship (or a share in a ship) in respect of which it is competent to register a mortgage in the register of British ships maintained for the United Kingdom under section 8 of the Merchant Shipping Act 1995. 10 (2) It is not competent to create a statutory pledge over incorporeal property unless that 1 property is— (a) intellectual property, or (b) an application for, or licence over, intellectual property. (3) The Scottish Ministers may by regulations modify this section so as to specify further 15 kinds of incorporeal property over which it is competent to create a statutory pledge. 45 Creation of statutory pledge by registration: general (1) A statutory pledge is created over property which is identified in a constitutive document in accordance with section 43 on the requirements mentioned in subsection (2) all being met. 20 (2) Those requirements are that— (a) the property is the provider’s, (b) the statutory pledge is registered, and (c) the property is identifiable as property to which the constitutive document relates. (3) Subsection (2)(b) is subject to section 89 (effective registration of statutory pledge) and, 25 accordingly, the requirement of that subsection— (a) is not met if the registration of the constitutive document is ineffective in accordance with section 89(1), and (b) is met if and when that registration becomes effective in accordance with section 89(3). 30 (4) This section is subject to section 47 (creation of statutory pledge: insolvency). 46 Creation of statutory pledge over added property (1) Where a statutory pledge is amended so as to add property to the encumbered property by means of an amendment document under section 56, a statutory pledge is created over the added property on the requirements mentioned in subsection (2) all being met. 35 (2) Those requirements are that— (a) the added property is the provider’s, (b) the amendment is registered, and 29 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 1—Pledge (c) the added property is identifiable as property to which the amendment document relates. (3) Subsection (2)(b) is subject to section 90 (effective registration of amendment to statutory pledge) and, accordingly, the requirement of that subsection— 5 (a) is not met if the registration of the amendment document is ineffective in accordance with section 90(1), and (b) is met if and when that registration becomes effective in accordance with section 90(3). (4) This section is subject to section 47 (creation of statutory pledge: insolvency). 10 47 Creation of statutory pledge: insolvency 1 (1) This section applies where— (a) the property identified (whether separately or as a class) as the property which is to be the encumbered property under a statutory pledge is or includes property to be acquired by the provider, and 15 (b) after the pledge is granted, the provider becomes insolvent. (2) The statutory pledge is not created over any property which, though identified by the constitutive document or by an amendment document as property to be encumbered, is acquired by the provider after becoming insolvent. (3) For the purposes of subsection (2)— 20 (a) a provider who is an individual, or the estate of which may be sequestrated by virtue of section 6 of the Bankruptcy (Scotland) Act 2016, becomes insolvent when— (i) the provider’s estate is sequestrated, (iia) the Accountant in Bankruptcy registers a Protected Trust Deed in relation 25 to the provider, (iii) the provider is adjudged bankrupt, (iv) a voluntary arrangement proposed by the provider is approved, (v) the provider’s application for a debt payment programme...
Last updated:
26 October 2022
Gender Recognition Reform Heal Survivors Group Letter
‘Leading the National Trauma Training Programme (With Subtitles)’, [video], 2019, https://vimeo.com/377019393, [Accessed 25/10/2022].
Official Report
Meeting date:
19 February 2013
Subordinate Legislation Committee 19 February 2013
I put it on the record that the regulations are an excellent case for consolidation and I hope that the Government will consider consolidating them as soon as possible.National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2013 (SSI 2013/41) National Assistance (Assessment of Resources) Amend...
Official Report
Meeting date:
30 May 2019
Standards, Procedures and Public Appointments Committee 30 May 2019
As far as the future legislative programme is concerned, we will introduce a full programme for government in September with the intention of delivering on it.
Official Report
Meeting date:
8 October 2015
Devolution (Further Powers) Committee 08 October 2015
All programmes that are aimed at assisting people to enter and sustain employment should be devolved so that they can be integrated as a full package along with the other moneys in the system.
Official Report
Meeting date:
4 June 2024
Meeting of the Parliament 04 June 2024
The five programmes that have been awarded funding have the potential to make a significant impact.
Official Report
Meeting date:
7 May 2020
Meeting of the Parliament (Virtual) 07 May 2020
We are working closely with the UK Government and Scottish stakeholders to consider whether such assistance is necessary in Scotland. I understand that the assistance is relatively limited, but nonetheless it could be of real help to farmers in Scotland who are suffering hardship.
