Knowledge

Scottish voters have become used to using several voting systems over the past few years, with the traditional “first past the post” system still in use for Westminster elections and two different versions of proportional representation (the additional members system and the party list system) used for elections to the Scottish Parliament and the European Parliament respectively.  However, as Scottish voters head for polling stations on 3rd May, it will be the first time that Scotland has had four voting systems in operation.  The new system, known as the Single Transferable Vote, will

Over the past few years, the courts have considered whether arrangements between public bodies should be subject to the procurement rules on many occasions.  Normally the focus is on whether the arrangements amount to an ‘in-house’ award. 
In the present case, the ECJ firstly noted that if, under national law, the entity in question, Tragsa, is required to undertake activities, or it does not have a choice as to the tariffs for its services, there is no contract and therefore the procurement rules do not apply. 

Background

The anticipated Equality Act (Sexual Orientation) Regulations 2007 have been published in draft by the Government.
Once in force the Regulations will make it unlawful to discriminate on grounds of sexual orientation (meaning an individuals sexual orientation towards persons of the same sex, opposite sex, or both) in the provision of (i) goods, (ii) facilities and services, (iii) education, (iv) disposal and management of premises and (v) the exercise of public functions.

From 6 April 2007, section 293 of the Companies Act 1985, setting the age limit for directors of public companies and subsidiaries of public companies at 70 years will be repealed.  Companies subject to this section may wish to check their Articles and take steps to deal with the change.

Following hot on the heels of electricity generators in Great Britain and in Finland, GB suppliers of gas and electricity were granted on 1 March 2007 an exemption from the relevant EU procurement rules. The European Commission has considered an application under Article 30 of Directive 2004/17 (the “Utilities Directive”) and determined that GB electricity […]

The law relating to keep open clauses has been reasonably well settled, since the decision in Highland and Universal Properties Ltd v Safeway Properties Ltd in Scotland, and the contrasting English position, determined in the case of Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd.

In late 2006, the Department of Trade and Industry published a consultation on a draft statutory instrument to allow disclosure of certain information under Part 9 of the Enterprise Act 2002 (‘the EA’) for the purposes of prescribed civil proceedings under that Act. 
Disclosure of information and Part 9 EA

Derry City Council v The Information Commissioner
Appeal No. EA/2006/0014
This case concerned a request for information by a Belfast newspaper for details of Derry City Council’s agreement with Ryanair from 1999 regarding the use of Derry Airport. Specifically requested was information on how much Ryanair pay Derry City Council for use of the facility.

The repairing obligation is one of the most essential components of a full repairing and insuring commercial lease for both landlord and tenant.  For the landlord, it is the means by which the condition and value of his property may be preserved, and for the tenant, it is likely to involve one of its most significant liabilities under the lease, after payment of the rent. The precise terms of the wording of the obligation is therefore one of the most carefully negotiated elements of the lease, and also one which is a regular subject of litigation.

Irritancy in Scotland also under Scrutiny

The House of Lords decision in a recent case (Celtec v Astley) has important implications on the use of secondment arrangements in a potential TUPE transfer situation. In 1990 the Government outsourced their vocational training to a new organisation (C) and seconded a number of civil service employees to C. Three years later the seconded employees were given the option of resigning from the civil service and undertaking employment with C, or being reallocated to a different civil service department. The employees chose to take up employment with C.

The English High Court has awarded £852,000 in damages to an employee who brought a claim against her employer after suffering bullying and harassment from fellow employees (Green v DB Group Services Limited (“DB”)).
 

The Work and Families Act received Royal Assent in June 2006. Certain provisions came into effect on 1 October 2006 and apply to women with an expected week of childbirth on or after 1 April 2007:

Abdul Rasheed Majekodumni was fined £200 and ordered to approximately £1,200 in costs by a court for refusing to take Jane Vernon, a legal officer with the Royal National Institute for the Blind, and her guide dog in his private hire taxi.  Ms Vernon was on her way home from the BBC Television Studios when Mr Majekodumni, who works for a cab company contracted by the BBC, refused to take her. 

The Scottish Parliament was brought to life by the Scotland Act 1998 and met for the first time in 1999 marking the transfer of devolved powers from Westminster to the Scottish Ministers.  Devolved powers are the areas that The Scottish Parliament can legislate on and are as follows:-

The standard of proof applied by a disciplinary tribunal or panel can be a source of confusion and has been a cause of ongoing debate in the context of professional discipline and regulation.  This is particularly the case where the disciplinary scheme in question does not specifically state the standard of proof to be applied.  Even amongst those schemes (probably the majority) which do, there is no consensus as to the approach to be adopted.  Whereas some professional disciplinary regimes insist upon the application of the higher criminal standard, others would apparently regard the inter

Since the entry into force of the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002 on 1 January 2005, the general public and those in business seem, by and large, to be well aware of the potential benefits of the legislation.  Information covering a plethora of topics has been accessed and used for a huge variety of purposes.  Indeed, public authorities subject to freedom of information legislation have recorded a larger number of information requests than were expected prior to the entry into force of the legislation, and appeals to the UK and Scottish Inf

In the second of this regular slot, we explain the difference between Green and White paper. Should you wish any parliamentary procedure or terminology explained please speak to your usual Shepherd and Wedderburn contact.

In the world of information legislation in Scotland, the Freedom of Information (Scotland) Act 2002 (“FOISA”) reigns supreme. But is this Act the most appropriate tool to use in all circumstances?
The answer is most definitely no. Lurking behind this headline Act are two pieces of other information-related legislation that, in many circumstances, are more powerful tools to access and use certain information.

Access rights

In Green v DB Group Services Limited, the High Court upheld an employee’s claim of bullying and harassment and awarded £800,000 in damages on the basis that the employer had breached its duty of care towards the employee. The largest part of the award was £640,000 awarded for future loss of earnings and pension and this marks the case out as being unusual.
The implications of this case will be discussed in our next publication.

A recent decision of the UK Information Commissioner looked at the issue of when information is held by a public authority.  The Freedom of Information Act 2000 provides that only information which is held by a public body, or held by a third party on behalf of a public body, can be disclosed.

The High Court’s recent decision in Cameron and Others v Network Rail Infrastructure Limited [2006] EWHC 1133 (QB) provides some comfort to regulated utilities as to their possible status as hybrid public authorities under the Human Rights Act.
Background