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Date published: 15 March 2018

Prescription (Scotland) Bill - Executive Summary

David T Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48.
Last updated: 1 November 2024

Letter to SPPA Committee 24 October 2024

This will include: Conviction-based or equivalent orders i. a sexual harm prevention order under section 103A of the Sexual Offences Act 2003 ii. a sexual offences prevention order under section 104 of the Sexual Offences Act 2003 iii. a sexual harm prevention order under section 345 of the Sentencing Act 2020 iv. a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 v...
Last updated: 22 August 2023

Breakfast Provision 21 June 2023

In his speech he declared that the Scottish Government v would be ‘reducing the costs of school with free breakfasts’.
Last updated: 2 June 2023

PE1989_F

Automated external defibrillators in National Collegiate Athletic Association Division I Athletics. Am J Sports Med 2004;32:744–754. v Richardson LD, Gunnels MD, Groh WJ, Peberdy MA, Pennington S, Wilets I, Campbell V, Van Ottingham L, McBurnie MA, PAD Trial Investigators.
Last updated: 9 February 2023

PE1951 Reinstate inshore coastal limit submission by Fish Legal January 2023

This assessment of the impact of bottom trawling was re-iterated in the Scottish Government’s recently published Scottish Biodiversity Strategy to 2045. v In addition, the landmark State of Nature Report of 2019 warns that “the growing weight of evidence suggests that anthropogenic use of the seafloor itself means our seas are not meeting GES”.
Last updated: 10 June 2024

SPBill31BS052019

Health and Care (Staffing) (Scotland) Bill 13 Part 2—Staffing in the NHS 12IE Reporting on staffing (1) Before the end of the period of 1 month beginning with the last day of each financial year, every Health Board and the Agency must publish, and submit to the Scottish Ministers, a report setting out how during that financial year it has 5 carried out its duties under— (a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (aa) section 12IAA, 10 (ab) section 12IAB, (ac) section 12IABA, (ad) section 12IABB, (ae) section 12IAD, (af) section 12IAE, 15 (b) section 12IB, and (c) section 12ID. (2) Following the receipt of such reports from every Health Board and the Agency and before the beginning of the next financial year, the Scottish Ministers must— 20 (a) collate the reports submitted to them under subsection (1) into a combined report for the year to which the reports relate, (b) lay that combined report before the Scottish Parliament, and (c) lay an accompanying statement setting out how they have taken into account and plan to take into account, in their policies for the staffing of 25 the health service, the information included in the combined report. (3) Information provided under subsection (1) must set out— (a) whether each Health Board or the Agency has faced any challenges or risk in carrying out its duties under— (i) section 12IA (including reference to the related duties under 30 section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (ii) section 12IB, and (iii) section 12ID, and 35 (b) the steps the Health Board or the Agency will take to address such challenges. (4) As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must publish a report (in such manner as they consider appropriate) setting out how each Health Board and the Agency has carried out 40 its duties under— 14 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (a) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (b) section 12IB, and 5 (c) section 12ID. (5) A report under subsection (4) must set out— (a) whether the Scottish Ministers have identified any challenges or risk faced by the Health Board or the Agency in carrying out its duties under— 10 (i) section 12IA (including reference to the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning), (ii) section 12IB, and 15 (iii) section 12ID, and (b) the steps that the Scottish Ministers will take as a result. (6) The Scottish Ministers must lay before the Parliament— (a) a summary and evaluation of the information submitted to them under subsection (1), and 20 (b) a report under subsection (4). 12IF Ministerial guidance on staffing (1) Every Health Board and the Agency must have regard to any guidance issued by the Scottish Ministers about the carrying out of its duties under sections 12IA to 12IE. 25 (2) Such guidance may, in particular, include provision about— (a) the related duties under section 2 of the Health and Care (Staffing) (Scotland) Act 2019 to have regard to guiding principles in health care staffing and planning, and (b) the use of the common staffing method, including— 30 (i) each of the steps described in paragraphs (a) to (ca) of section 12IB(2), and (ii) decision-making, under paragraph (d) of that subsection, about staffing establishment and about the way in which health care is provided, and 35 (c) procedures for the identification, mitigation and escalation of risks caused by staffing levels in arrangements put in place under sections 12IAA and to 12IABA. (3) Before issuing such guidance, the Scottish Ministers must consult— (a) every Health Board, 40 (b) every relevant Special Health Board, Health and Care (Staffing) (Scotland) Bill 15 Part 2—Staffing in the NHS (c) every integration authority (within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014), (d) HIS, (e) the Agency, 5 (f) such trade unions and professional bodies as they consider to be representative of employees of the persons mentioned in paragraphs (a) to (e), (fa) such professional regulatory bodies for employees of the persons mentioned in paragraphs (a) to (e) as they consider appropriate, and 10 (g) such other persons as they consider appropriate. (4) The Scottish Ministers must publish any guidance issued under this section. 12IG Interpretation of sections 12H to 12IF In sections 12H to 12IF— “appropriate clinical advice” means advice obtained from the appropriate 15 level and area of clinical professional structures depending on the particular circumstances of each case (for example from an individual holding a senior executive role in the provision of nursing services), “employee” means an individual in paid employment by, as the case may be, a Health Board, the Agency or (where an integration scheme under 20 Part 1 of the Public Bodies (Joint Working) (Scotland) Act 2014 applies) a local authority, whether under a contract of service or apprenticeship or under a contract for services, “health care” means a service for or in connection with the prevention, diagnosis or treatment of illness, 25 “relevant Special Health Board” means a Special Health Board which is required, by virtue of an order made under section 2, to comply with any of the duties imposed by sections 12IA to 12IF.”. (3) Section 12H(3) is repealed. (4) In section 105(3) (orders, regulations and directions), after “section 10Z7” insert “, 30 section 12IB(4), section 12IC(3)”. 5 Application of duties to certain Special Health Boards (1) The State Hospitals Board for Scotland Order 1995 (S.I. 1995/574) is amended in accordance with subsections (2) and (3). (2) In Part I of the schedule— 35 (a) in column 1— (i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “Section 12IA”, (ia) after the entry inserted by sub-paragraph (i), insert “Section 12IAA”, (ib) after the entry inserted by sub-paragraph (ia), insert “Section 12IAB”, 40 (ic) after the entry inserted by sub-paragraph (ib), insert “Section 12IABA”, 16 Health and Care (Staffing) (Scotland) Bill Part 2—Staffing in the NHS (id) after the entry inserted by sub-paragraph (ic), insert “Section 12IABB”, (ie) after the entry inserted by sub-paragraph (id), insert “Section 12IAD”, (if) after the entry inserted by sub-paragraph (ie), insert “Section 12IAE”, (ii) after the entry inserted by sub-paragraph (if), insert “Section 12IB”, 5 (iii) after the entry inserted by sub-paragraph (ii) , insert “Section 12ID”, (iv) after the entry inserted by sub-paragraph (iii), insert “Section 12IE”, and (v...
Date published: 29 April 2025

The UK Employment Rights Bill - Employers: no duty where staff are harassed by third parties

Employers: no duty where staff are harassed by third parties As alluded to earlier in the context of sexual harassment, under the current law, employers are not legally liable - in a way that can be enforced as a free-standing legal claim - where staff are harassed by third parties outside of the employer’s direct control, such as by customers, clients or suppliers.iEnterprise and Regulatory Reform Act 2013, section 65, repealing section 40(2)-(4) of the Equality Act 2010.1Unite the Union v...
Date published: 27 June 2022

Judicial Review - Some preliminary requirements associated with a judicial review action

Some preliminary requirements associated with a judicial review action Where an effective alternative statutory remedy exists, a person or organisation is required to use it before seeking judicial review,iCourt of Session Rules, rule 58.3(1). unless special or exceptional circumstances apply.1McCue v Glasgow City Council [2014] CSOH 124; 2014 S.L.T. 891; ...
Date published: 27 June 2022

Judicial Review - Unreasonableness or irrationality

This is often called Wednesbury unreasonabless, after the name of the court case which first established the concept.1Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 K.B. 223; [1947] 2 All E.R. 680; (1947) 63 T.L.R. 623; [1947] 11 WLUK 26; (1948) 112 J.P. 55; 45 L.G.R. 635; [1948] L.J.R. 190; (1947) 177 L.T. 641; (1948) 92 S.J. 26...
Date published: 26 March 2020

Issue 3: EU-UK future relationship negotiations - Part 2: economic partnership

Part 2: economic partnership This part of the EU draft text describes a wide ranging agreement covering: Title I: Transparency Title II: Good regulatory practices and regulatory cooperation Title III: Level Playing Field and Sustainability * Title IV: Trade in goods Title V: Fisheries * Title VI: Services and investment Title VII: Digital trade Title VIII:...

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