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Scotland Law

Scotland has a devolved government within the United Kingdom and a very distinct legal jurisdiction. Sources of law include statutes passed by the Scottish Parliament, located at Holyrood in Edinburgh, and the UK Parliament in Westminster.

The European Convention on Human Rights and European Union law are also binding. Thus, in many areas, such as employment law, Scottish law is almost identical to that in England, Wales, Northern Ireland, and other parts of the EU. However, in other areas, for example divorce and housing, Scottish law is very different.

In addition to the capital Edinburgh, other major legal centres in Scotland include Glasgow, Aberdeen, and Dundee.


Recently in Scotland Category

Plans by the Scottish Parliament to introduce a 50p per unit minimum price for alcohol remain on track to becoming law, after a legal challenge by the Scotch Whisky Association was dismissed, reports the BBC.

The Scottish Parliament is bidding to become the first in the UK to introduce a minimum price for alcohol, in a bid to tackle the country's significant alcohol-related issues.

The proposal is based on data from the University of Sheffield, which concluded that a minimum unit price could cut spending on treating alcohol-related health problems and could also reduce the number of deaths from alcohol.

The UK Government has published its proposed legal case against Scottish independence posed by the ruling Scottish National Party, in a bid to keep the union together. Scotland has been part of the United Kingdom since 1707.

The SNP Scottish Government won power with a mandate to put Scottish independence to a referendum. They have previously announced that the referendum would be held in autumn 2014.

The SNP hopes that their electoral majority will concur with their wishes for independence.

Neighbourhood disputes: Scotland to get new 'high hedge' laws

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The Scottish Parliament at Holyrood has thrown its weight behind plans to tackle neighbourhood disputes over high hedges.

The proposals will promote 'good neighbour' behaviour, according to its proposers at the local government committee.

Similar laws have been enacted in England and Wales, where the Anti-social Behaviour Act 2003 part 8 includes a section on high hedges. In England and Wales the Act provides a mechanism for allowing councils to deal with complaints over high hedges where they feel they are a nuisance and interfere with their enjoyment of their property.

The UK Government has announced that it will support Scotland to introduce a minimum price per unit for alcohol, as its policy comes under a legal challenge from the Scotch Whisky Association.

The SNP-led Scottish Parliament announced this year that it will introduce a 50p per unit rate on alcohol sales north of the border, in a bid to tackle binge drinking and the health and social consequences of excessive alcohol consumption.

The introduction of the policy is based on work conducted by the University of Sheffield and data from the WHO which shows that even small increases in the price of alcohol can have large effects on outcomes such as the number of deaths related to cirrhosis of the liver.

The Information Commissioner for Scotland, Rosemary Agnew, has revealed that she will ask a Scottish court for an urgent hearing to press for the ruling Scottish National Party to reveal the legal advice they have taken on Scottish devolution.

The Commissioner believes that Scots have the right under Freedom of Information legislation to know what advice the SNP has received on its proposal for an independent Scotland.

The news has angered SNP leader and Scottish First Minister Alex Salmond, who has stated that revealing any legal advice would breach the Scottish Ministerial Code, which sets out standards of practice for all Members of the Scottish Parliament.

Senior EU officials have for the first time hinted that an independent Scotland would need to make its own application for EU membership, reports The Daily Telegraph.

Speaking on the matter, EU Commission President Manuel Barroso revealed that new nation states, such as a devolved Scotland or Catalonia in Spain, would need to apply for EU membership themselves under international law.

"To join the EU, yes, we have a procedure and it is a procedure in international law," Mr Barroso told the BBC.

Scottish Education Minister Mike Russell has come under fire for criticising the committee of legal academics appointed to investigate the possibility of Scottish independence from Great Britain.

Mr Russell attacked the work of the group which was organised by David Cameron's most senior legal advisor on Scottish law, Lord Wallace of Tankerness. In a scathing assault he described the work as 'farcical' and compared the group of academics, which includes six University professors and the president of the Law Society of Scotland, as a 'kangaroo court'.

A committee of MPs at Westminster has called on the Coalition Government to give the Scottish Parliament new legal powers to enable them to call a referendum on gaining independence.

At present there is overwhelming evidence that the Scottish Executive does not have the power to commission a referendum on its own.

The Scottish Affairs Select Committee is a House of Commons committee charged with reviewing the expenditure, administration and policies of the Scottish Office at Westminster and the Scottish Parliament.

The Scottish health minister Nicola Sturgeon has warned the country's whisky manufacturers that she will fight any legal action taken by them against her plans to introduce minimum pricing on alcohol north of the border.

The SNP Government intends to implement a 50p per unit minimum price on alcohol, in a move which will be contested by the Scotch Whisky Association (SWA) in the European courts.

Despite the announcement of the legal challenge, Sturgeon remains confident that the policy will succeed, following in the footsteps of similar policies targeted at cigarette smoking.

The Scottish Parliament has unanimously passed legislation designed to limit the impact of changes to the benefit system by MPs in Westminster on the poorest families north of the border.

A special committee at Holyrood expressed grave concern over plans by MPs in London to radically alter the benefits system by introducing a new Universal Credit.

The Scottish Parliament cannot prevent Westminster legislating on the matter; however, they are free to introduce their own measures to protect Scots from future changes, and have done so in the Welfare Reform (further provision) (Scotland) Bill.

A proposal to fast-track a law making it a criminal offence to pay for sex in Scotland has been rejected by the Scottish Parliament, meaning that the law will now go to public consultation.

The proposal was put forward by Labour Member of the Scottish Parliament (MSP) Rhonda Grant.

This is not the first time the Scottish Parliament has considered introducing legislation in this area. In 2010 a similar proposed law was voted down by ministers who feared that such proposals could drive the sex trade underground, making it more dangerous for those involved.

Scottish Conservatives have urged their counterparts across the EU to challenge the policy of minimum alcohol-pricing to establish whether it is compliant with EU laws on free trade.

The call comes despite the Scottish Conservatives backing the SNP Government's proposals, which could see a minimum 50p per unit price implemented north of the border.

The proposal is due to be put to a final vote on Thursday this week, and is widely tipped to become law.

A Scottish court has for the first time live broadcast the words of a judge passing down a life sentence in a murder case.

The case concerned the murder of 38-year-old Suzanne Pilley, a popular bookkeeper who disappeared on 4 May 2010. She was last seen walking off a bus and popping into a Sainsbury's supermarket on Princes Street in Edinburgh, but she never made it to her desk that day. She has never been seen since and her body has never been recovered.

The accused in the case was David Gilroy, a 49-year-old married Edinburgh man who it is thought conducted an affair will Ms Pilley.

Scottish First Minister Alex Salmond has described alcohol as one of his nation's biggest demons. It is estimated that it takes some 3,000 lives annually in Scotland, and costs the national economy some £3.5bn in hospital costs, reduced productivity and criminality.

Now Scotland is poised to become the first country in Europe to deliver a minimum price for alcohol, in an attempt to lower consumption and reverse these worrying statistics.

The policy was first introduced by the SNP back in 2008. Then they were leaders in a minority government, and the proposal was voted down by the opposition. Today, the SNP are in majority government at Holyrood, and their landslide victory at the polls last May means that they are now in a position to implement the policy for the first time. It is thought the policy could become law by the summer.

UK banks will lend £190 billion to businesses while cutting their own bonuses, the government has announced.

The good news comes as many firms have struggled to raise funds and survive the financial crisis.

£76 billion of lending is to be allocated to the Business Growth Fund, which will be set aside for small or medium-sized UK businesses.