Legislation

Introduction

In this litigious age, golf clubs are advised to be increasingly aware of the ever increasing volume of government legislation affecting the day-to-day running of their business.

The contents of this section are provided for Golf Clubs affiliated to the SGU and/or SLGA and are intended only to provide a general overview and are based on understanding following discussion with relevant advisors. Whilst every reasonable effort has been made to ensure accuracy, the SGU accepts no responsibility for any outcome arising from information contained within this section or any reliance upon it. Any club in doubt should seek advice from an appropriate professional and take independent legal advice specifically in relation to its own position.

Phee v Gordon & Others (November 2011)

In a recent court judgement, Anthony Phee was awarded £397,000 having lost an eye after being struck by a wayward drive whilst playing at Niddry Castle Golf Club in West Lothian.  James Gordon’s tee-shot from the 18th hole struck Mr Phee walking on a path between the 6th and 7th holes. Mr Gordon was deemed 70% liable, while the club 30% liable for having no warning signs at the tee or the path. A brief guide to some of the key issues highlighted by this case has been prepared by the SGU and SLGA.  See Related Documents.

The Pensions Act - Overview

From 1st October 2012, changes to pensions law will affect all employers with at least one worker in the UK. It will be compulsory to automatically enroll all eligible jobholders into a workplace pension scheme. The employer responsibilities will be introduced in stages over 4 years, starting in October 2012 through to September 2016. Each employer will be allocated a date from when the duties will first apply to them, known as their ‘staging date.’  The SGU/SLGA has produced a helpful advice note on the subject, and encourage all golf clubs to digest this document, and follow the links to further assistance.

See Related Documents for The Pensions Act advice note

Long Leases (Scotland) Bill

Golf clubs/courses that are subject to ultra-long leases may wish to consider this Bill.  The SGU has taken some initial advice and there does not appear to be undue cause for concern.  However, clubs/operators subject to such leases are encouraged to consider the bill and if necessary to make contact with the Scottish Government by contacting Sandra Jack on Sandra.Jack@scotland.gsi.gov.uk or 0131 244 2025.
Stage 1 Report on Long Leases (Scotland) Bill by the Justice Committee

Equality - The Equality Act

The Equality Bill received Royal Assent in April 2010 and is now the Equality Act. The SGU and SLGA have taken legal advice on the implications of the Act for golf clubs in Scotland. The majority of provisions within the Act became effective on 1 October 2010 but the Coalition Government has acknowledged that implementation of certain other provisions are under review including the age discrimination obligations.  It is unlikely that the age discrimination provisions would come into effect earlier than 2012 but we will keep a watching brief on this issue. A 5th edition of our Advice Note, published on 8 December 2010, can be found under Related Documents. Clubs are advised that the interpretation offered in this advice note has not materially changed from the 4th edition published in September 2010. The 5th edition has been expanded to include some of the queries that arose during the SGU/SLGA Club Seminars during November 2010.

*Equality Act Update - 26 May 2011
As previously advised, the age-related aspects of the Equality Act did not become effective in October 2010 and are expected to become effective some time in 2012. On 3 March 2011 the Government commenced a consultation in relation to age discrimination in the provision of services and public functions which closed on 25 May.
 
The consultation ‘Equality Act 2010: Banning age discrimination in services, public functions and associations - A consultation on proposed exceptions to the ban’ sets out the specific exceptions where the government believe that different treatment of people of various ages is justified or beneficial and where legislation will help clarify that these practices can continue; and proposes how the legislation will be drafted to take account of these.
 
The SGU & SLGA took legal advice from DLA Piper, drafted a response to this consultation and posted it on this web site inviting comments from clubs. Following this consultation with clubs, a final version was submitted and can be found in the Related Documents section on the right hand side of this page entitled 'Age Consultation Response' (Please note that we have only answered relevant questions and therefore many questions have a blank response).

Essentially, the government proposals should still allow golf clubs to continue to offer discounted membership and green fees to people of a specified age (e.g. discounted prices for senior membership) and to organise competitions for golfers of a specified age (e.g. senior opens).
 
A link to the consultation document and other supporting information can be found on the Government Equalities Office website.

Protection of Vulnerable Groups Act 2007

The SGU/SLGA encourages all golf clubs to fully digest this new legislation which replaces the Protection of Children (Scotland) Act 2003. This can be studied in full, at www.infoscotland.com/pvgscheme.  We will provide detailed training and support at the forthcoming Scottish Golf Club Seminars taking place this November. In addition we have provided this pragmatic briefing note to assist clubs with the impending changes.

Click here for SGU/SLGA Briefing Note on The (PVG) Protection of Vulnerable Groups (Scotland) Act 2007

Scottish Golf Licensing Service

The SGU and SLGA have secured a specialist licensing law service for all affiliated clubs.  This service is being provided to affiliated clubs in association with the Licensing Team at Scottish law firm Tods Murray. The Licensing (Scotland) Act 2005 has brought an incredible number of new rules and regulations – and feedback from clubs indicates that it has been a difficult time for clubs trying to navigate their way through the maze. The Scottish Golf Licensing Service offers expert advice to clubs at an exclusively special rate.

Click here for more information

Outdoor Access Act

Click here for more information about the Land Reform (Scotland) Act 2003