LegislationIntroductionIn 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. 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 - OverviewFrom 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) BillGolf 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. Equality - The Equality ActThe 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 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). Protection of Vulnerable Groups Act 2007The 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 ServiceThe 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 ActClick here for more information about the Land Reform (Scotland) Act 2003 Related Documents
|
|