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Last updated: 1 June 2023

Minimum core obligations concepts 31 May 2023

See also BVerfGE 132 where in 2012 the court went beyond the procedural protection in the previous case and recognised a substantive element to an adequate level of subsistence for asylum seekers relying on Article 9 ICESCR. 13 See Trojani Case C-456/02 (an EU case guaranteeing access to minimum social assistance under the free movement of workers). 14 Similarly, the Swiss Federal Court has found that an implied constitutional right to a ‘minimum level of subsistence (‘conditions minimales d’existence’), both for Swiss nationals and foreigners, could be enforced by the Swiss Courts. See Swiss Federal Court, V...
Last updated: 1 February 2023

Post Budget 2023-24 Scrutiny follow up information from Cabinet Secretary 24 January 2023

Sco ttish Min iste r s , sp e cial adv is e r s a nd th e Pe r m a n e n t Se cr e ta ry a r e co v e r e d by th e te r m s of th e Lobby in g (Sco tla nd) Act 2 0 1 6 .
Last updated: 6 January 2026

SPBill79S062026

Visitor Levy (Amendment) (Scotland) Bill [AS INTRODUCED] CONTENTS Section P ART 1 A MENDMENTS TO THE V ISITOR L EVY (S COTLAND ) A CT 2024 Basis on which levy is to be charged 1 Basis on which levy is to be charged Chargeable transactions 2 Chargeable transactions: purchases by third parties Duty to make returns 3 Duty to make returns Transitional provisio...
Last updated: 26 February 2024

Emily Hancox Written Briefing on Retained EU Law

According to the Bill, retained direct EU law must be ‘read and given effect in a way which is compatible’ with domestic law and is ‘subject to all domestic enactments, so far as it is incompatible with 13 EUWA 2018, section 5(5). 14 EUWA 2018, Schedule 1 and Schedule 8, para 39(5). 15 Secretary of State for Work and Pensions v Beattie [2022] EAT 163 (“Beattie”) who, instead, correctly at [135] applies the reasoning that I set out above in relation to section 4 of the EU(W)A: 16 Case C-573/17 Popławski II EU:C:2019:53, para 57. 17 Popławski II, para 58. 18 REULRR Bill 2022, clause 4(1). 19 This is known as the doctrine of implied repeal, see Ellen Street Estates v Minister of Health [1934] 1 KB 590, 595-97. 20 them’.
Last updated: 8 February 2024

Emily Hancox

According to the Bill, retained direct EU law must be ‘read and given effect in a way which is compatible’ with domestic law and is ‘subject to all domestic enactments, so far as it is incompatible with 13 EUWA 2018, section 5(5). 14 EUWA 2018, Schedule 1 and Schedule 8, para 39(5). 15 Secretary of State for Work and Pensions v Beattie [2022] EAT 163 (“Beattie”) who, instead, correctly at [135] applies the reasoning that I set out above in relation to section 4 of the EU(W)A: 16 Case C-573/17 Popławski II EU:C:2019:53, para 57. 17 Popławski II, para 58. 18 REULRR Bill 2022, clause 4(1). 19 This is known as the doctrine of implied repeal, see Ellen Street Estates v Minister of Health [1934] 1 KB 590, 595-97. 20 them’.
Last updated: 8 June 2022

Bill as introduced

After section 27A (notification of victims in relation to release etc. of short-term (7) prisoners) insert— 18 Bail and Release from Custody (Scotland) Bill Part 3—final provisions “27B 36 Provision of information to person supporting victim (1) This section applies where— (a) a person entitled to receive information under section 27A (“V”) intimates to the Scottish Ministers that a person to whom subsection (2) applies 5 (the “supporter”) is to be given, as well as or instead of V, the information described in section 27A(1) in relation to the person sentenced to imprisonment or detention (“A”), or (b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the supporter requires 10 the information in order to provide V with support services. 1 (2) This subsection applies to a person— (a) of a description prescribed by the Scottish Ministers by regulations, and (b) who is providing support services to V in relation to the offence perpetrated against V by A. 15 (3) The Scottish Ministers must notify the supporter of the matters mentioned in section 27A(1). (4) Section 27A(2) and (3) apply to notification under subsection (3) as they apply to notification under section 27A(1). (5) In this section, “support services” has the same meaning as in section 16ZA(5) 20 of the 2003 Act. (6) Regulations under subsection (2)(a) may— (a) include incidental, supplementary, consequential, transitional, transitory or saving provision, (b) modify enactments (including this Act). 25 (7) Regulations under subsection (2)(a)— (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, (b) are otherwise subject to the negative procedure.”.
Questions and Answers Date answered: 2 October 2023

S6W-21425

To ask the Scottish Government, further to the answer to question S6W-20844 by Paul McLennan on 13 September 2023, how many of the applications that were received and approved (a) prior to and (b) since the announcement on 19 July 2023 were for (i) one-bed, (ii) two-bed, (iii) three-bed, (iv) four-bed and (v) five-bed or more homes. The Scottish Government...
Committee reports Date published: 18 December 2025

Complaint against Ash Regan MSP - The complaint

The complaint related to a social media post made by Ash Regan MSP on X (formerly known as Twitter) following comments made by Maggie Chapman MSP following the publication on 16 April 2025 of the UK Supreme Court’s judgment in the case For Women Scotland Ltd v The Scottish Ministers. On 22 April 2025 Ash Regan wrote to the Presiding Officer of the Scottish ...
Committee reports Date published: 11 November 2020

Stage 1 Report on the Tied Pubs (Scotland) Bill - Up-front investment

Several of the pub-owning companies highlighted that the Bill could have the unintended consequence of limiting the low-cost entry into the pub market for entrepreneurs or businesses, which would be of detriment.iPunch Pubs, written evidence The SBPA suggested that on average, it is ten times cheaper to start a tied-pub than buy one in the Independent Free Trade (£30k v £300k).iiSBPA, written evidence One respondent to the Committee's survey noted that the tied model had worked well for them: This model allows me to run my own pub pretty much my way with minimal initial financial outlay while having the financial and experienced back up on the pub company.iiiSummary of survey responses However, Neil Bibby MSP said that evidence raised to the House of Common's Business, Energy and Industrial Strategy Committee by pub-owning companies suggested that in England and Wales, "awareness of the statutory code is up, tenure has increased, the number of young applicants taking on a tenancy has increased and pubcos now provide better support for licensees and better recruitment processes."
Committee reports Date published: 14 October 2020

Defamation and Malicious Publication (Scotland) Bill: Stage 1 Report - Sections 5 to 8: Defences

It is based on the common law defence established in England and Wales by the leading case of Reynolds v Times Newspapers Ltd (and generally accepted in Scotland).

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