Solicitors & Notaries Oban, Argyll, Scotland 01631 563014
News
Our latest happenings...
D M MacKinnon announces new Partner
D M MacKinnon are delighted to announce that Liam McDermid has become a partner of the firm, with effect from 1st August 2022. Liam deals primarily with residential and commercial property matters.
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2022 Faculty Holidays
DM MacKinnon's Faculty/public holidays when the office will be closed are:
Monday 7th February
Friday 15th April
Monday 18th April
Thursday 2nd June
Friday 3rd June
Monday 18th July
Monday 10th October
Friday 23rd December at 1pm to Monday 9th January 2023
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Retirals
Karen MacAllister and Duncan Durbin have now retired as Partners of D M MacKinnon, however, they remain as Consultants to the Firm.
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November 2021
We are pleased to advise that we are participating in the Will Aid Scotland scheme again this year.
Through Will Relief Scotland your Will is drawn up by one of our participating Solicitors who have generously agreed to provide this service free of charge in November. Instead of paying for the Will you will be invited to make a donation to the chosen Charities.
You will not only gain the peace of mind from knowing that you have provided for your family and loved ones, but your donation will help the member charities transform the lives of hundreds of people, families and children in the world’s poorest places.
Your donation will be shared equally among the four charities involved during 2021.
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United Employment Lawyers
D M MacKinnon, Solicitors are pleased to announce that they have signed up to United Employment Lawyers, a nationwide network delivering legal expertise for the world of work in the high street. Independent law practices, from Dumfries to Inverness and Elgin, through to Greenock, Paisley, Helensburgh to Aberdeen and Hawick, have signed up to United Employment Lawyers.
This is a unique network which brings added legal expertise into the high street through a network of very experienced employment lawyers across the country. D M MacKinnon’s membership of United Employment Lawyers means that it is able to offer high level legal advice on employment matters through its own in-house experts, Louise Fraser and Jane Thomson, but also through utilising a pool of fully qualified experts across the country. The United Employment Lawyers network has been welcomed by the Law Society of Scotland, which sees this as adding strength to local law firms, who remain independent firms in their own right.
For more information, please visit www.unitedemploymentlawyers.co.uk.
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Pre-Employment Checks
It has been well reported in the press over the weekend that, following raids in Oban by the Home Office UK Border Agency, 17 immigration offenders have been caught, with 16 being detained pending their removal from the country. Our Louise Fraser specialises in employment law and frequently advises employers on the pre-employment checks that should be carried out before taking on employees. Louise points out that if employers are unable to provide evidence that legally required pre-employment checks were carried out on the employees before giving them a job, a fine of up to £10,000 for each illegal employee will be imposed.
If you are an employer requiring advice in connection with employing people from other countries, please contact Reception by e-mail on info@dmmk.co.uk or 01631 563014 and ask for Louise Fraser.
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Tenant Information Pack
With effect from 1 May 2013, all landlords letting properties on assured or short assured tenancies must provide a Tenant Information Pack to the tenants by the tenancy start date. This includes the renewal of existing tenancies where the landlord and tenant draw up a new lease, but is not required for existing assured or short assured tenancies. The Pack is a standardised document available on the Scottish Government website and must not be modified. The tenant is required to acknowledge receipt of the Pack and the documents referred to therein. Failue to provide a Tenant Information Pack is a criminal offence and if landlords do not provide the Pack they can be fined up to £500. Where D M Mackinnon acts on behalf of the landlords, we will arrange for the Information Pack to be provided to the tenants as required.
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Crofting Register
The first ever Crofting Register has been launched as part of the modernisation of crofting undertaken as part of the Crofting Reform (Scotland) Act 2010. The establishment of a definitive map-based Crofting Register will remove doubt over what is croft land and who has rights and responsibilities for that land. It will also assist The Crofting Commission in effectively regulating crofting, such as tackling absenteeism and neglect. From 30 November 2012, registration will be on a voluntary basis. From 30 November 2013, crofters will be required to register croft land where changes occur, for example in conjunction with a regulatory application to The Crofting Commission. Crofting communities are encouraged to take a collective approach towards registration to qualify for the reduced registration fee for group registration of £70 per croft, instead of £90. This is a 22% reduction where ten or more crofts are submitted in the same group or, in crofting townships of less than ten crofts, where all crofts are submitted at the same time.
Please follow the link www.scotland.gov.uk/News/Releases/2012/11/Crofting30112012 to see the Scottish Government press release.
For any queries regarding the Crofting Register, or crofting in general, please contact Reception by e-mail on info@dmmk.co.uk or 01631 563014 and ask for Alan Manson.
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The Schools Law & Citizenship Web
D M MacKinnon are proud to have nominated Oban High School and its feeder primaries for The Schools Law & Citizenship Web , a scheme which introduces pupils to the legal system and those who work within it.
The programme, which is backed by The Law Society of Scotland, is run by teachers to help schools in practical ways.
A key feature is the use of current news stories to bring citizenship topics to life in the classroom. The Scheme also helps young people understand that laws bring responsibilities as well as rights, whilst the project materials introduce pupils to legal concepts and terms they will encounter later in life.
Speaking on behalf of Oban High School, Kirsteen Binnie of the Modern Studies Department said that the school greatly appreciates the support of D M MacKinnon in providing such a practicable classroom resource. The Law Society’s Director of Education & Training, Liz Campbell, also commented, “We are delighted that D M MacKinnon have nominated Oban High School for this imaginative programme which helps break down some of the misconceptions and stereotypes which still persist about lawyers and the work they do".
The Schools Law & Citizenship Web can be found at www.schoolsproject.co.uk.
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Pensions Auto-Enrolment
The new Pensions Auto-Enrolment duties began to apply to employers from 1 October 2012. The aim is to make it easier for people to save for their retirement and combat the current failure of many workers to take up valuable pension benefits because they do not make an application to join their employers’ pension scheme.
Pensions Auto-Enrolment requires all employers to enrol their workers into a qualifying workplace scheme if they are not already in one. A “qualifying workplace scheme” can be:-
- A defined contribution scheme with a minimum contribution; or
- A defined benefit scheme or hybrid scheme which meets certain conditions.
The criteria for Pensions Auto-Enrolment are:-
- Workers not already in a company pension scheme will be enrolled if they are aged between 22 and the State pension age;
- These workers must be earning at least £8,105 a year;
- The contribution they, and their employers, make will be based on their wage, although the first £5,564 a year they earn will not be taken into account;
- Any earnings above £42,475 will also be ignored in the contribution calculation;
- Therefore the amount between £5,564 and £42,475 is known as their pensionable pay;
Staff can opt out.
Auto-Enrolment will be applicable to large employers initially, with smaller employers being phased in over the next four years in accordance with the following timetable:-
- October 2012 – Firms with 120,000 employees or more;
- November 2012 – 50,000 to 119,999 employees;
- January 2013 – 30,000 to 49,999 employees…..
and so on until
- From January 2014 – firms with fewer than 500 employees in stages;
- From January 2015 – firms with fewer than 58 employees in stages;
- February 2018 – timetable completed.
For any queries regarding Pensions Auto-Enrolment or employment law in general, please contact Reception by e-mail on info@dmmk.co.uk or 01631 563014 and ask for Louise Fraser.
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Tenancy Deposit Scheme
In terms of the Tenancy Deposit Schemes (Scotland) Regulations 2011 all tenancy deposits held in respect of the letting of houses must be held securely by an independent third party that has been approved by the Scottish Government. The Regulations apply to all deposits, including those currently held and 3 Tenancy Deposit Schemes have been approved by the Scottish Government. Sanctions may be imposed on Landlords who fail to comply.
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Business Improvement Development (BID)
D M MacKinnon are pleased to support Bid4Oban whose declared vision is to create a vibrant town centre with a supportive and involved business community. D M MacKinnon are resolved to play its part in this exciting project.
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