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Any Scotland specific legal issues? In Aberdeen, we have encountered most problems.
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To be honest,I've not noticed that many allotments,think my nearest are in Brechin.Not noticed any in Montrose or Arbroath,sure there must be some.Laws,not a clue,ask for a list of rules. -
Burnie, I know the rules
and most of them here are not enforceable because the local authority has not had its regulations formally confirmed by the Scottish Government.
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Sorry misunderstood,thought you were asking for advice,not offering it,well done you.Comment
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Cheers Burnie,
although I'm happy to give advice to any Scottish Plotter with a problem, I really want to know if others in Scotland have the same problems we have. It's sad but because of the extent of the problems up here I can relate chunks of the allotments acts from memory. Having said that, the local auhjority refuses to accept that a regulation is a rule or similar device that regulates or has the effect of regulating and that the rules contained in our allotments leases are in fact regulations.
If we can get them to accept that, we are home and dry.Comment
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This is duplication of a post in another thread but nonetheless an extremely important issue given that Council's are looking to increase their revenue streams at the expense of allotment holders.
In addition to the matter of Allotments Regulations, we recently, via this forum discovered the existence of the English High Court Case - Harwood v Reigate and Banstead Council - which determined that it was illegal to discriminate against allotments by applying higher increases in charges than are applied to to users of other Council owned leisure facilities and also again via this forum we discovered that the Unfair Terms in Consumer Contract Regulations 1999 apply to Allotment Leases.
See our website www.bucksburnallotments.co.uk for our response to the Council's refusal to accept that they are bound by these authorities.Last edited by Aberdeenplotter; 04-01-2011, 09:16 PM.Comment
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