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Last updated: 28 June 2022

20220519Scottish Childminding Association

Our first three audits were undertaken and v,vi,vii published in 2017-19 . These audits, and our work in this area, highlighted a number of recurring issues including – • some local authorities who understood the unique benefits of childminding had been supportive and were including childminders, but were in the minority; • very slow progress in including c...
Last updated: 21 March 2023

SPBill15AS062023

SP Bill 15A Session 6 (2023) 2 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (2) Any such condition must be specified in the assignation document. (3) The condition may, for example— (a) be the occurrence of a particular date, (b) depend on something happening (whether or not it is certain that the thing will 5 happen), or (c) depend on a period of time elapsing during which something must not happen (whether or not it is certain that the thing will happen at some time). (4) For the purposes of subsection (2), the ways in which the condition can be specified in the assignation document include by making reference in the assignation document to 10 another document, the terms of which are not reproduced. 1 3 Transfer of claims (1) A claim in respect of which an assignation document is granted is transferred on the requirements mentioned in subsection (2) all being met. (2) Those requirements are that— 15 (a) the assignor is the holder of the claim, (b) either— (i) intimation of the assignation is effected under section 8(1), or (ii) the assignation document is registered, (c) the claim is identifiable as a claim to which the assignation document relates, and 20 (d) if the assignation is subject to a condition which must be satisfied before the claim is transferred, the condition is satisfied. (3) For the purposes of subsection (1), if the claim is a claim such as is mentioned in section 1(4)— (a) the requirement mentioned in subsection (2)(a) is met when the assignor becomes 25 the holder of the claim, and (b) any rule of law as to accretion does not apply in relation to the claim. (4) Subsection (2)(b)(ii) is subject to section 25 (effective registration of assignation document) and, accordingly, the requirement of that subsection— (a) is not met if the registration of the assignation document is ineffective in 30 accordance with section 25(1), and (b) is met if and when that registration becomes effective in accordance with section 25(3). (5) Subsection (6) applies where— (a) an assignor grants more than one assignation document in respect of the same 35 claim, (b) each of the purported assignations of the claim is to a different person, and 3 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (c) the requirements of subsection (2) are all met in relation to each of the purported assignations at the same time by virtue of— (i) the assignor becoming the holder of the claim, (ia) the claim becoming identifiable as a claim to which the assignation document 5 relates, or (ii) where each of the purported assignations is subject to a condition which must be satisfied before the claim is transferred, those conditions being satisfied at the same time. (6) The claim transfers under subsection (1) to the person to whom it is assigned by 10 whichever of the purported assignations of the claim first met the requirement of 1 subsection (2)(b). (7) This section is subject to section 4 (assignation of claims: insolvency). (8) The Scottish Ministers may by regulations prescribe types of claim in relation to which sub-paragraph (i) of subsection (2)(b) is to be disregarded. 15 4 Assignation of claims: insolvency (1) This section applies where— (a) an assignation document is granted in respect of a claim such as is mentioned in section 1(4), and (b) after the document is granted, the assignor becomes insolvent. 20 (2) The assignation is ineffective in relation to the claim if the assignor becomes the holder of the claim after becoming insolvent. (3) But subsection (2) does not apply in relation to a claim in respect of income from property in so far as that claim— (a) is not attributable to anything agreed to by, or done by, the assignor after the 25 assignor became insolvent, and (b) relates to the use of property in existence at the time the assignor became insolvent. (4) Subsection (5) applies where— (a) but for subsection (3), the assignation would be ineffective by virtue of subsection (2), and 30 (b) the assignor is discharged— (i) under section 137, 138 or 140 of the Bankruptcy (Scotland) Act 2016, or (ii) by virtue of section 184(3) of that Act. (5) The assignation is ineffective, in relation to the claim, if by the time of discharge the assignor has not become the holder of the claim. 35 (6) For the purposes of this section— (a) an assignor 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 assignor’s estate is sequestrated, 4 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (iia) the Accountant in Bankruptcy registers a Protected Trust Deed in relation to the assignor, (iii) the assignor is adjudged bankrupt, (iv) a voluntary arrangement proposed by the assignor is approved, 5 (v...
Date published: 6 March 2025

The Leases (Automatic Continuation etc.) (Scotland) Bill - Notices terminating a lease

Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/leases-automatic-continuation-etc-scotland-bill/introduced/policy-memorandum.pdf [accessed 16 January 2025]A recent example of the problems caused by the law is a Court of Session case in 2019 involving the termination of a 15 year lease at an Amazon warehouse at Gourock.iM7 Real Estate Investments Partners VI Industrial Propco Limited v...
Date published: 6 June 2023

Wildlife Management and Muirburn (Scotland) Bill - Muirburn and biodiversity

However, this is not conclusive either as several studies have found the opposite, including the long term (60 years) experimental study that followed burnt v unburnt areas - both Eriophorum [e.g. cotton grass] and Sphagnum (especially S. capillifolium) became more abundant in frequently burned plots than unburned.
Date published: 21 September 2022

SPICe Bill Summaries - Session 5 - Prescription (Scotland) Bill

The test was a substitute for one set out in a controversial 2014 UK Supreme Court case (David T Morrison & Co Limited v ICL Plastics Ltd). Sections 6 and 7 provide that the running of the twenty year period would no longer be able to be interrupted, for example by raising court proceedings.
Petitions Petition published: 12 July 2022

Reinstate inshore coastal limit on the use of dredge and trawl fishing gears

  Official Report of Meeting 26 October 2022 Written Submissions PE1951/A: Scottish Government submission of 4 August 2022 (117.2KB, pdf) PE1951/B: James Merryweather submission of 13 August 2022   (151KB, pdf) PE1951/C: Sea Change Wester Ross submission of 12 August 2022   (139.6KB, pdf) PE1951/D: Ewan Kennedy submission of 12 August 2022   (161.8KB, pdf) PE1951/E: CAOLAS submission of 15 August 2022   (175.4KB, pdf) PE1951/F:Petitioner submission of 23 August 2022   (234.7KB, pdf) PE1951/G: Brian McKenna submission of 22 August 2022 (147.2KB, pdf) PE1951/H: Alistair Bally Philp submission of 24 August 2022  (211KB, pdf) PE1951/I: Marine Concern and Seal Scotland submission of 23 August 2022   (159.1KB, pdf) PE1951/J: Shona Marshall submission of 23 August 2022   (161.5KB, pdf) PE1951/K: Fish Legal submission of 19 August 2022  (156.5KB, pdf) PE1951/L: Dennis Archer submission of 22 August 2022   (142.1KB, pdf) PE1951/M:Russ Cheshire submission of 23 August 2022 (151.3KB, pdf) PE1951/N:  Nourish Scotland submission of 23 August 2022   (146.2KB, pdf) PE1951/O:Andrew Barker submission of 23 August 2022  (44.1KB, pdf) PE1951/P: COAST submission of 24 August 2022   (145.4KB, pdf) PE1951/Q: Roddie Macpherson submission of 24 August 2022  (44.9KB, pdf) PE1951/R: Seawilding submission of 23 August 2022   (199.9KB, pdf) PE1951/S: Howard Wood submission of 24 August 2022    (146.2KB, pdf) PE1951/T: The Nature Library submission of 24 August 2022   (186.6KB, pdf) PE1951/U: Ailsa McLellan submission of 22 August 2022  (173.9KB, pdf) PE1951/V...
Committees Published: 22 January 2022

Petitioner submission of 22 January 2022

PE1895/D - Mandatory accountability for NatureScot’s decision making procedures . The Court Judgement- McMorn v Natural England states- "The (EU) Directive provides a broad and general protection, sufficiently broad to require derogations in a wide variety of interests so as to create the desired balance between wildlife and human interests.
Petitions Petition published: 7 June 2021

Accurately record the sex of people charged or convicted of rape or attempted rape

Neill submission of 25 July 2021 PE1876/C: Kate Buchanan submission of 26 July 2021 PE1876/D: Anne Marie Docherty submission of 26 July 2021 PE1876/E: Mary Gordon submission of 28 July 2021 PE1876/F: Dr Laetitia Pichevin submission of 27 August 2021 PE1876/G: Frontline Feminists Scotland submission of 29 August 2021 PE1876/H: Professor Alice Sullivan submission of 27 August 2021 PE1876/I: Anonymous submission of 21 September 2021 PE1876/J: Scottish Government submission of 23 September 2021 PE1876/K: Petitioner submission of 3 October 2021  PE1876/: Fair Play for Women submission of 4 October 2021 PE1876/M: Anonymous submission of 4 October 2021 PE1876/N: Dr Shonagh Dillon submission of 4 October 2021  PE1876/O: For Women Scot submission of 4 October 2021 PE1876/P: Sharon Dowey MSP submission of 5 October 2021  PE1876/Q: Lesley Warrender Submission of 27 October 2021 PE1876/R: Scottish Courts and Tribunals Service submission of 2 November 2021 PE1876/S: Crown Agent submission of 4 November 2021 PE1876/T: Submission from Police Scotland of 22 November 2021  PE1876/U: Petitioner submission of 16 March 2022  PE1876/V...
Date published: 17 November 2017

Negotiation of Trade Agreements in Federal Countries - Regional Influence over CETA Negotiations

Category IV, however, includes culture and audio-visuals, sport, and tourism, and in these areas the regions/communities hold sole authority. Category V deals with fisheries, which is wholly within the competence of the appropriate Flemish minister due to the country’s coast being exclusively within the Flemish territory.3Kingdom of Belgium Foreign Affairs,...
Official Report Meeting date: 31 October 2019

Meeting of the Parliament 31 October 2019

The First Minister has seen the transformative effect that the new V&A museum has had on the city of Dundee—a project that the Scottish Government rightly agreed to contribute to.

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