Public Document Pack

Total Page:16

File Type:pdf, Size:1020Kb

Public Document Pack Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid Corporate Services Director: Nigel Stewart Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604444 DX 599700 LOCHGILPHEAD e.mail –[email protected] 11 September 2008 NOTICE OF MEETING A meeting of the EXECUTIVE will be held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 18 SEPTEMBER 2008 at 10:00 AM , which you are requested to attend. Nigel Stewart Director of Corporate Services BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST (IF ANY) 3. MINUTES (a) Employee Joint Consultative Committee 1 February 2008 (Pages 1 - 4) (b) Special Committee for Older People's Services 13 August 2008 (Pages 5 - 8) (c) Executive 18 August 2008 (Pages 9 - 22) 4. LEADER'S REPORT Report by Leader of the Council (Pages 23 - 38) # 5. EDUCATION AND LIFELONG LEARNING Report by Spokesperson (Pages 39 - 42) 6. SOCIAL SERVICES Report by Spokesperson (Pages 43 - 46) 7. CHILDREN'S CHAMPION Extract from Minutes of Social Affairs Policy and Performance Group of 8 September 2008 and report by Director of Community Services (Pages 47 - 52) 8. MONEY ADVICE SERVICE DEVELOPMENT REVIEW Extract from Minutes of Protective Services and Licensing Committee of 20 August 2008 and report by Director of Corporate Services (Pages 53 - 64) 9. KILMORY HOME FARM (a) Joint Report by Director of Community Services and Director of Development Services (Pages 65 - 68) (b) Extract from Minutes of Mid Argyll, Kintyre and the Islands Area Committee of 6 August 2008 and report by Director of Development Services (Pages 69 - 176) 10. IMPROVEMENT SERVICE Report by Director of Corporate Services (Pages 177 - 178) 11. COSLA COMMUNITY SAFETY EXECUTIVE GROUP Report by Director of Corporate Services (Pages 179 - 184) 12. THE CROWN ESTATE SCOTLAND Report by Director of Development Services (Pages 185 - 196) 13. CYCLING, WALKING AND SAFER STREETS 2008/2009 Report by Director of Development Services (Pages 197 - 198) 14. SUSTAINABLE SEAS FOR ALL - A CONSULTATION ON SCOTLAND'S FIRST MARINE BILL Report by Director of Development Services (Pages 199 - 216) 15. DRAFT LOCH FYNE INTEGRATED COASTAL ZONE MANAGEMENT PLAN Report by Director of Development Services (Pages 217 - 222) 16. WASTE TREATMENT INFRASTRUCTURE - PROCUREMENT OPTIONS FOR THE HELENSBURGH AND LOMOND AREA Report by Director of Operational Services (Pages 223 - 228) 17. INTRODUCTION OF ADDITIONAL RECYCLING FACILITIES IN HELENSBURGH AND LOMOND AREA Extract from Minutes of Helensburgh and Lomond Area Committee of 2 September 2008 and report by Director of Operational Services (Pages 229 - 240) 18. DRAFT RESPONSE TO SCOTTISH GOVERNMENT CONSULTATION PAPER ON POTENTIAL LEGISLATIVE MEASURES TO IMPLEMENT ZERO WASTE Report by Director of Operational Services (Pages 241 - 246) # 19. SCHOOL AND LOCAL BUS SERVICE CONTRACT BETWEEN TOBERMORY E1 AND CALGARY ON THE ISLAND OF MULL Report by Director of Development Services (Pages 247 - 252) # 20. SCHOOL TRANSPORT - TENDERING OF IN-HOUSE ROUTES E1 Report by Director of Community Services (Pages 253 - 256) E1 21. PROVISION OF CYCLE TO WORK SCHEME Report by Director of Development Services (Pages 257 - 262) E2 22. LAND AT ARDRISHAIG GREEN Extract from Minutes of Mid Argyll, Kintyre and the Islands Area Committee of 6 August 2008 and report by Director of Corporate Services (Pages 263 - 268) Items marked with # denote matters to be considered as part of the Council’s function as Education Authority. The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 7a to the Local Government (Scotland) Act 1973. The appropriate paragraphs are:- E1 Paragraph 8 The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services. Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. E2 Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. EXECUTIVE Maureen Arthur Jane Brown Councillor Robin Currie Councillor Vivien Dance Fiona Fisher Councillor George Freeman Charlotte Hanbury Councillor Alison Hay Councillor Donald Kelly Councillor Donald Macdonald Councillor Robert Macintyre Councillor Duncan MacIntyre Councillor Donald McIntosh Councillor Ellen Morton Alison Palmer Councillor Douglas Philand Councillor James Robb Councillor Elaine Robertson Councillor Len Scoullar Councillor Isobel Strong Councillor Dick Walsh Contact: Fiona McCallum Tel: 01546 604406 This page is intentionally left blank Page 1 Agenda Item 3a MINUTES of MEETING of EMPLOYEE JOINT CONSULTATIVE COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on FRIDAY, 1 FEBRUARY 2008 Present: Councillor Dick Walsh (Chair) Councillor George Freeman Councillor Donald McIntosh James McLellan, Chief Executive Douglas Hendry, Director of Community Services Nigel Stewart, Director of Corporate Services Danny Longwill, Head of Personnel Services Stewart Turner, Head of Roads and Amenity Services Bruce West, Head of Strategic Finance Elspeth McNiven, Personnel Services Manager Lynn Findlay, Development Services Donald Brown, Unison Marion Power, Unison Lydia Henderson, Unison John Lambie, Unison Douglas Mackie, EIS Margaret Anderson, EIS John McGinnes, SSTA Stephen Ward, AMICUS (MSF) Apologies: Councillor Robert Macintyre Councillor Duncan MacIntyre Councillor Len Scoullar Councillor Isobel Strong George Harper, Director of Development Services Andy Law, Director of Operational Services Bridget Hunter, Unison George Craig, Unison John Dunlop, Unison Tony Devlin, TGWU P Dunn, TGWU G Gillespie, TGWU Ken Newberry, PAT 1. NOTE OF LAST MEETING AND MATTERS ARISING The note of the Informal Meeting of the EJCC of 7 September 2007 was approved as a correct record. 2. EJCC PROPOSED REVISED CONSTITUTION A revised Constitution, which had been prepared by the Council in response to the Council’s Political Management Arrangements, had been issued to Trades Unions for comments. Following consultation, EIS had raised some proposed amendments and the terms of these were Page 2 discussed. It was thereafter agreed to accept the revised constitution subject to the following amendments:- 1. Paragraph 2 (Membership) to be revised to reflect the following Membership from the Trades Unions:- (i) Teaching Staff 5 representatives (ii) Other Local Government Employees 10 representatives 2. Procedural Rules - Section 2 (Quorum etc), part 2 (b) – Last sentence to read “in the absence of the Chair and Vice-Chair at any meeting the EJCC will appoint one of its members to preside”. 3. SINGLE STATUS Danny Longwill gave a factual update on the current situation regarding the implementation of Single Status advising that the Council had been unable to secure a collective agreement with Trades Unions and had therefore written to the Joint Secretaries to activate a three month conciliation period for Conditions of Service in terms of the Red Book Agreement. He advised that 98% of employees had accepted their offers and that the 90 individuals who hadn’t accepted had been issued with letters terminating their contacts as of 17 February 2008 and offering re- engagement as of 18 February 2008. As of today’s date he had no indication from these employees that they wouldn’t accept their new contracts and on this basis reported that the workforce would remain stable on 18 February 2008. Donald Brown queried what would happen to the employees if they didn’t turn up for work on 18 February 2008? Danny advised that they would no longer be employees of Argyll and Bute Council as the Council would deem that they had not accepted their new contracts of employment. Donald Brown gave an update regarding a meeting held earlier in the week with the Council to discuss the 35/37 hour working week and pay and grading. He advised that the Joint Secretaries would be looking into the issues raised and would provide advice once legal advice had been sought. Donald Brown then raised a question to establish if the Council would be prepared to enter arbitration or meaningful discussions to end the ongoing industrial action? The Chair confirmed that the Council were prepared to sit and discuss the issue but with no pre-condition. Donald then proposed that further discussions should take place either over the course of the weekend or on Monday 4 February 2008 in attempt to reach an agreement where the proposed industrial action which was due to commence on 5 February 2008 could be suspended as he did not consider this to be in the interests of those involved in the dispute. It was agreed by the Chair to enter into such negotiations and that a meeting to facilitate this would be arranged at the conclusion of the EJCC. Page 3 4. SERVICE PLANNING AND BUDGET Bruce West gave a presentation on the budget proposals outlined in the budget pack which had been previously circulated to all Members of the EJCC. He advised this was prepared on the basis of a Council Tax freeze and spoke to the key issue for the Council which would be the ability to demonstrate use of commitment/priorities to direct the allocation of resources. He spoke regarding “rolled up grants” and his concerns regarding the Council’s allocation which was forecast to fall by £2.3m during financial year 2009/10 advising that there was no clear explanation of why this reduction would be suffered. He also spoke regarding Joint Boards and the slightly higher increase proposed in respect of the Strathclyde Joint Police Board giving the reason behind this as Pension increases.
Recommended publications
  • Partnership Law (LC 283; SLC 192)
    The Law Commission and The Scottish Law Commission (LAW COM No 283) (SCOT LAW COM No 192) PARTNERSHIP LAW Report on a Reference under Section 3(1)(e) of the Law Commissions Act 1965 Presented to the Parliament of the United Kingdom by the Lord High Chancellor by Command of Her Majesty Laid before the Scottish Parliament by the Scottish Ministers November 2003 Cm 6015 SE/2003/299 £xx.xx The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale QC Mr Stuart Bridge Professor Martin Partington CBE Judge Alan Wilkie QC The Chief Executive of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. The Scottish Law Commissioners are: The Honourable Lord Eassie, Chairman Professor Gerard Maher Professor Kenneth G C Reid Professor Joseph M Thomson Mr Colin J Tyre QC The Secretary of the Scottish Law Commission is Miss Jane L McLeod and its offices are at 140 Causewayside, Edinburgh EH9 1PR. The terms of this report were agreed on 10 October 2003. The text of this report is available on the Internet at: http://www.lawcom.gov.uk http://www.scotlawcom.gov.uk ii THE LAW COMMISSION THE SCOTTISH LAW COMMISSION PARTNERSHIP LAW CONTENTS Paragraph Page SECTION A: INTRODUCTORY (PARTS I – III) PART I: INTRODUCTION 1 Partnership law reform in its context 1.1 1 The role of partnerships in the business world
    [Show full text]
  • The Positive Prescription of Servitudes in Scots Law
    This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. The Positive Prescription of Servitudes in Scots Law Alasdair SS Peterson Presented for the degree of Doctor of Philosophy University of Edinburgh 2016 Abstract This thesis examines the establishment of servitudes by positive prescription in Scots law, with particular reference to the doctrine’s conceptual development and the nature of possession required under section 3 of the Prescription and Limitation (Scotland) Act 1973. The thesis is divided into three main parts. The first provides a historical account of the law of positive prescription as applied to servitudes from the 17th century to the 20th century, culminating in its statutory expression in section 3(1) and (2) of the 1973 Act. The second considers what the 1973 Act means when it says that a servitude must be “possessed” for the prescriptive period.
    [Show full text]
  • Property Law: the Unsung Hero of North Sea Oil and Gas Author: Demetris Hadjiosif and Constantinos Yiallourides Source: the King’S Student Law Review, Vol
    The King’s Student Law Review Title: Property Law: The Unsung Hero of North Sea Oil and Gas Author: Demetris Hadjiosif and Constantinos Yiallourides Source: The King’s Student Law Review, Vol. 5, No. 2 (Winter 2014), pp. 52-66 Published by: King’s College London on behalf of The King’s Student Law Review All rights reserved. No part of this publication may be reproduced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the King’s Student Law Review. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research of private study, or criticism or review, as permitted under the Copyrights, Designs and Patents Act,1988. Enquiries concerning reproducing outside these terms and in other countries should be sent to the Editor in Chief. KSLR is an independent, not-for-profit, online academic publication managed by students of the King’s College London School of Law. The Review seeks to publish high-quality legal scholarship written by undergraduate and graduate students at King’s and other leading law schools across the globe. For more information about KSLR, please visit our website: http://www.kcl.ac.uk/law/about/review.aspx ©King’s Student Law Review 2014 PROPERTY LAW: THE UNSUNG HERO OF NORTH SEA OIL AND GAS Demetris Hadjiosif and Constantinos Yiallourides* The present paper examines the key property law-related issues pertaining to the development of subsea mineral resources on the United Kingdom Continental Shelf: from their initial ‘capture’ (acquisition of ownership) to their transportation to downstream facilities via onshore pipelines.
    [Show full text]
  • Andy Wightman, the Poor Had No Lawyers: Who Owns Scotland and How They Got It
    Edinburgh Research Explorer Andy Wightman, The Poor Had No Lawyers: Who Owns Scotland and How They Got It Citation for published version: Gretton, G 2011, 'Andy Wightman, The Poor Had No Lawyers: Who Owns Scotland and How They Got It', Edinburgh Law Review, vol. 15, no. 2, pp. 329-31. https://doi.org/10.3366/elr.2011.0047 Digital Object Identifier (DOI): 10.3366/elr.2011.0047 Link: Link to publication record in Edinburgh Research Explorer Document Version: Publisher's PDF, also known as Version of record Published In: Edinburgh Law Review Publisher Rights Statement: ©Gretton, G. (2011). Andy Wightman, The Poor Had No Lawyers: Who Owns Scotland and How They Got It. Edinburgh Law Review, 15(2), 329-31doi: 10.3366/elr.2011.0047 General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 25. Sep. 2021 Vol 15 2011 reviews 329 academic writing. That this has changed is both an important part of Gordon’s legacy and offers hope for future debates about Scots criminal law.
    [Show full text]
  • This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G
    This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Private Water Rights in Scots Law Jill J. Robbie Presented for the Degree of Doctor of Philosophy The University of Edinburgh 2012 Table of Contents Table of Contents ......................................................................................................... i Acknowledgments ...................................................................................................... vi Declaration .............................................................................................................. viii Abstract ...................................................................................................................... ix List of Abbreviations .................................................................................................
    [Show full text]
  • Scots Law and the Road to the New Ius Commune
    Edinburgh Research Explorer Scots and English Law Citation for published version: MacQueen, H 2013 'Scots and English Law: The Case of Contract' University of Edinburgh, School of Law, Working Papers. <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2345271> Link: Link to publication record in Edinburgh Research Explorer Publisher Rights Statement: © MacQueen, H. (2013). Scots and English Law: The Case of Contract. University of Edinburgh, School of Law, Working Papers. General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 24. Sep. 2021 University of Edinburgh School of Law Research Paper Series No 2013/41 Scots and English Law: The Case of Contract Prof Hector MacQueen Professor of Private Law, University of Edinburgh [email protected] Also published in (2001) 54 Current Legal Problems 205-229 This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the author(s). If cited or quoted, reference should be made to the name(s) of the author(s), the title, the number, and the working paper series © 2013 Hector MacQueen Edinburgh School of Law Research Paper Series University of Edinburgh Electronic copy available at: http://ssrn.com/abstract=2345271 Abstract The J.
    [Show full text]
  • Scots Law 2021
    SCOTS LAW 2021 edinburghuniversitypress.com SCOTS LAW Contents Scots law 3 Scottish legal history 12 Roman law 15 Energy law 17 Scots law textbooks 19 How to order 26 Letter from the team Our Scots Law list that has grown considerably in recent years resulting in our wonderful 2021 catalogue. As the only dedicated Scots Law publisher based in Scotland, we are committed to delivering exceptional texts to advance your studies, research, teaching and practice. Let’s delve into this year’s offerings! We’ve been busy updating and developing our textbook range for the next generation of legal practitioners. Check out Roman Law for Scots Law Students from Craig Anderson (page 21) and don’t miss the long-awaited new edition of Delict: A Comprehensive Guide to the Law in Scotland (page 20). You’ll find new updates and additions to the Edinburgh Law Essentials series: new editions of our guides to delict, criminal law and the Scottish legal system plus a brand-new guide to environmental law (pages 24–5). And last but not least, we have the latest batch of Avizandum Statutes – now also in ebook to support remote learning (page 23)! If you’re teaching, you can request your inspection copies on our website: https://edinburghuniversitypress.com/scots-law For working lawyers, we have new guides for 2021: Evictions in Scotland by Adrian Stalker (page 3), Scottish Arbitration Handbook from David R. Parratt, Angela Grahame and Peter Foreman (page 7) and McGowan on Alcohol Licensing Law in Scotland by Stephen J. McGowan (page 8). As well as keeping you up-to-date for the present, we continue to delve into our legal history.
    [Show full text]
  • Anglo-German Law Journal Herausgegeben in Deutschland Vom / Published in Germany by Anglo-German Law Society E.V
    Anglo-German Law Journal Herausgegeben in Deutschland vom / published in Germany by Anglo-German Law Society e.V. Postfach 08 07 09, 10007 Berlin eingetragen beim AG Charlottenburg (Az.:VR 29205 B) www.agls.eu [email protected] Schriftleitung / Editorial Board: Katharina Steinbrück (Editor in Chief) Angelika Mohr Alysa Brück Hannah Deters Karin Jackwerth Luis Bausch All rights reserved The Anglo-German Law Society e.V. does not guarantee the completeness and correctness of any published articles. The Anglo-German Society e.V. does not have any influence on the current and future design and content of linked external websites. No part of this publication may be repro- duced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the Anglo-German Law Society e.V.. Enquiries concerning reproducing outside these terms and in other countries should be sent to the Editor in Chief. ______________________________________________________________ Haftungsausschluss und Rechte Alle Angaben und Daten wurden nach bestem Wissen erstellt, es wird jedoch keine Gewähr für deren Vollständigkeit und Richtigkeit übernommen. Der Anglo-German Law Society e.V. hat keinerlei Einfluss auf die aktuelle und zukünftige Gestaltung und auf die Inhalte von per Link verknüpften externen Seiten. Alle in dieser Zeitschrift veröffentlichten Beiträge und Abbildungen sind urheberrechtlich ge- schützt. Manuskripte werden nur zur Alleinveröffentlichung angenommen. Der Autor versichert, über die urheberrechtlichen Nutzungsrechte an seinem Beitrag einschließlich aller Abbildungen allein verfügen zu können und keine Rechte Dritter zu verletzen. Mit Annahme zur Veröffentli- chung überträgt der Autor dem Verein das einfache, räumlich unbeschränkte Nutzungsrecht, jeweils auch für Übersetzungen, Nachdrucke, Nachdruckgenehmigungen und die Kombination mit anderen Werken oder Teilen daraus.
    [Show full text]
  • Pledge and Lien STUDIES in SCOTS LAW
    Pledge and Lien STUDIES IN SCOTS LAW Series Editor Kenneth G C Reid Editorial Board Alan R Barr Sandra M Eden George L Gretton Previous volumes in the Series 1. Ross Gilbert Anderson, Assignation (2008) STUDIES IN SCOTS LAW VOLUME 2 Pledge and Lien Andrew J M Steven Lecturer in Law, University of Edinburgh EDINBURGH LEGAL EDUCATION TRUST 2008 Published by Edinburgh Legal Education Trust School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL First published 2008 © A J M Steven 2008 The author asserts his moral rights. ISBN 978-0-9556332-1-8 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of the copyright owner. Applications for the copyright owner’s permission to reproduce any part of this publication should be addressed to the publisher. Typeset by Etica Press Ltd, Malvern Printed and bound by Bell & Bain Ltd, Glasgow Contents Preface vii Table of Cases ix Table of Statutes xxiii Table of Statutory Instruments xxvii Abbreviations xxix 1 General 1 2 Pledge: Introduction 5 3 History of Pledge 15 4 Pledge: The Obligation Secured 45 5 Subject Matter of Pledge 57 6 Constitution of Pledge 63 7 Pledge: Rights and Duties of the Parties 89 8 Enforcement and Extinction of Pledge 95 9 Lien: Introduction 107 10 History of Lien 113 11 Lien: The Obligation Secured 161 12 Subject Matter of Lien 171 13 The Pre-Requisites of Lien 177 14 Lien as a Real Right 195 15 Enforcement and Extinction of Lien 203 16 Special Lien 209 17 General Lien 247 18 Pledge and Lien Compared 281 Index 287 v Preface This book is an updated and restructured version of my doctoral thesis.
    [Show full text]
  • Ownership of Souvenir Plots
    This is the accepted manuscript submitted to Edinburgh University Press and now appears in issue 19(3) of the Edinburgh Law Review, at http://www.euppublishing.com/doi/abs/10.3366/elr.2015.0301 and (2015) 19(3) EdinLR pp. 393-398. Some minor changes (to footnotes 18 and 32) were made prior to publication in the journal. A Square Foot of Old Scotland: Ownership of Souvenir Plots In May 1971, Sir Geoffrey Howe, then the Solicitor-General for England and Wales, addressed the Second Reading Committee of the House of Commons on the Land Registration and Land Charges Bill. He stated “a trade has grown up in recent years in order to please tourists mainly from North America and sometimes to please those North Americans who still live over there, whereby they are able to purchase a ‘square foot of Old England’ for a comparatively modest sum.”1 He had little problem in principle with this development and mused that “[o]n a modest scale, I suppose it helps the balance of payments and it gladdens the hearts of our continental cousins and enables them to obtain a splendidly medieval looking deed of title, which, no doubt, they display at some appropriate place in their homes.”2 He did have a concern, however, about the burden registering these titles would impose on the Land Registry. He anticipated more than 1 million plots would be sold and it would require a large amount of resources to register all these plots. The solution of the resulting Land Registration and Land Charges Act 1971 and the Regulations issued under it, applicable only to England and Wales, was that the Chief Land Registrar could declare areas of land subject to a “souvenir land scheme”.
    [Show full text]
  • Unilateral Permission and Prescriptive Acquisition: a Scottish Perspective. Legal Studies [Online], 40(3), Pages 477-493
    ANDERSON, C. 2020. Unilateral permission and prescriptive acquisition: a Scottish perspective. Legal studies [online], 40(3), pages 477-493. Available from: https://doi.org/10.1017/lst.2020.3 Unilateral permission and prescriptive acquisition: a Scottish perspective. ANDERSON, C. 2020 This is an Accepted Manuscript of an article accepted for publication in a revised form by Cambridge University Press in Legal Studies, https://www.cambridge.org/core/journals/legal-studies. This version is free to view and download for private research and study only. Not for re-distribution or re-use. © The Society of Legal Scholars 2020. This document was downloaded from https://openair.rgu.ac.uk Unilateral permission and prescriptive acquisition: a Scottish perspective1 Introduction Most legal systems, and certainly Scotland and England, have rules allowing a person who has possessed land without challenge, for an extended period of time, to acquire an unchallengeable right in the property. Suppose that I am in possession of someone else's land, occupying it as if it is my own property. There are several things that may happen. Either the owner will become aware of the fact of my possession, or will not. If the owner becomes aware, he or she may or may not attempt to remove me from the land, either by going to court or by taking some more direct action. Alternatively, the owner may ignore my presence, or may attempt to regularise my occupation, for example by agreeing with me a lease of the property. Another possibility is that the owner unilaterally grants me permission to continue in occupation of the land, until such time as the owner needs it.
    [Show full text]
  • National Unit Specification: General Information
    Higher National Unit specification: general information Unit title: Applying Scots Property Law Unit code: H3YL 34 Superclass: EC Publication date: April 2013 Source: Scottish Qualifications Authority Version: 01 Unit purpose This Unit is primarily intended for candidates who are already employed in the legal sector, such as paralegals, or candidates who aspire to work in a relevant role as a paralegal in Scotland and who need to have knowledge of the rules which govern the Scots Law of Property. For candidates who already have relevant work experience in this area, as it will give them a theoretical understanding of the main legal principles which underpin the Scots Law of Property. Candidates will also study the rules and procedures relating to building control, the process to be followed when making a planning application or obtaining consent for alterations, and the importance of the paperwork issued once all approvals are granted. Candidates will be able to suggest approaches to be taken to ensure legal compliance, ie will be able to suggest legal solutions and explain case law in response to events in given case study scenarios. Because of the emphasis on applying the law in the workplace, candidates undertaking the HNC/D in Legal Services may choose between this Unit and F1A5 34. On completion of the Unit the candidate should be able to: 1 Identify and explain the main property classifications in Scots Law. 2 Apply the law of land tenure and obligations associated with heritable property. 3 Apply the law governing transfer of ownership of moveable property. 4 Apply the law governing Building Control Regulations and Planning Legislation.
    [Show full text]