Legislation / Legal
BIS: New rules came into force on 1 October 2009 to ensure that thousands of workers get a fair deal on tips & wages. The changes make it illegal for businesses to use tips to bring staff pay up to minimum wage levels. They come into effect on the same day as new increases to national minimum wage rates which will benefit up to 1m people.
Press release ~ Pay & Work Rights Helpline ~ Business Link – Information on Pay & Work Rights for Employers ~ HMRC – Minimum Wage
ScotGov: The UK Government's proposals for agricultural reform would hit farmers by damaging prices, reducing livestock numbers and cutting their income, according to Rural Affairs Secretary Richard Lochhead. Independent research also shows that the UK's future vision for the Common Agricultural Policy (CAP) would hit Scottish farmers harder than those south of the border.
The research looks at the impact of the vision on farming across the whole of the UK and also its impact individually in Scotland, England, Wales and Northern Ireland. The research was jointly commissioned by the UK Government and the devolved administrations. The UK vision differs in a number of ways from the Scottish Government's own vision, which takes into account the unique circumstances & characteristics that exist north of the border.
Press release ~ Food and Agricultural Policy Research Institute (FAPRI) report ~ FAPRI Project - impact on Scotland ~ FAPRI project - impact on UK
DH: The Human Fertilisation and Embryology Act 2008 came into force on 1 October 2009. The 2008 Act is intended to ‘respond to changes in society and ensures it is fit for purpose in the 21st Century’. Government undertook a review of the 1990 Act, bringing legislation up to date with society and to reflect technological developments (such as new ways of creating embryos).
It enables scientists to investigate cures for serious illnesses such as Parkinson’s disease and regulate assisted reproductive treatments. The 2008 Act maintains the regulatory system set out by the 1990 Act.
MoJ: On the eve of the new legal year, Lord Chancellor and Secretary of State for Justice, Jack Straw has announced the successful delivery of the new UK Supreme Court, which opened on 1 October 2009.
Set up under the Constitutional Reform Act 2005, the Supreme Court is intended to ‘provide greater clarity in the UK constitution by further separating the judiciary from the legislature underlining the independence of our judicial system’. The existing Law Lords have become the first Justices of the Supreme Court of the United Kingdom, and the Senior Law Lord has become the President.
It will be the final court of appeal for all civil cases in the United Kingdom, all criminal cases in England, Wales & Northern Ireland and will also assume the devolution jurisdiction of the Judicial Committee of the Privy Council.
BIS: The biggest overhaul of company law has been completed with the final elements of the Companies Act 2006 being brought into force, with 2.5m British companies set to ‘benefit from a range of measures that simplify & strengthen the way they do business’.
ScotGov: A new bill which will assist Scotland's legal profession to grow & compete both in the UK and internationally has been published. The Legal Services (Scotland) Bill will:
* Alow solicitors to secure external investment &business expertise and to combine with other professionals to offer legal services to the public in new ways
* Remove restrictions on solicitors entering into business relationships with non-solicitors
* Make it easier for Scotland's leading commercial law firms to compete effectively with other UK firms and internationally
* Create a robust regulatory framework in which the Scottish Government will appoint approved regulators who will regulate the new business structures
The consultation paper ‘Wider choice and better protection - a consultation paper on the regulation of legal services in Scotland’ was published January 7, 2009. It sought views on the proposed regulation of ABS for the delivery of legal services in Scotland. The independent analysis of the responses will be published on the Scottish Government website in the next few weeks.
Press release ~ ScotGov: Law, Order & Public Safety ~
HO: Individuals found guilty of terrorism & terror-related offences will be subjected to notification requirements and foreign travel regulations similar to those that apply to sex offenders under new measures that have come into force.
Notification requirements, made under Part 4 of the Counter Terrorism Act 2008, will help police manage the risks posed by terrorists following their release from custody. The requirements will be retrospectively applied to those guilty of terrorism & terrorist related offences and will also allow police to apply to a court for an order restricting overseas travel where they believe it will prevent someone travelling to become involved in terrorist activities.
ScotGov: Proposals for a new law to protect people affected by debt have been published in the Scottish Parliament. The Home Owner and Debtor Protection (Scotland) Bill is the first of its kind in the UK to review legislative protection available to home owners and to address practical support for those in financial difficulty.
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