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SGB helpline

Harper Macleod manages the legal expert resource helpline for Sport Governing Bodies (SGBs) supported by sportscotland.

Overview

Helpline and useful documents

SGBs receive one hour’s free advice under Harper Macleod’s colleague down the corridor service. If a query is likely to exceed that time, Harper Macleod submits an escalation to sportscotland for approval and we may ask you for further information in order to submit an escalation.

The escalation provides sportscotland with an overview of the legal support requested by the SGB and the work to be undertaken by Harper Macleod. There is no requirement for SGBs to seek approval of your sportscotland Partnership Manager prior to contacting the legal helpline. However, often where Harper Macleod informs you that an escalation is required, we recommend that you liaise with your Partnership Manager so they are aware of the matter.

Once sportscotland has approved Harper Macleod’s escalation, you will be informed by your Harper Macleod contact who will commence the requested work.

Our legal helpline is managed by Bruce Caldow.

Updates

Important updates

Data Protection and Freedom of Information Legal Update

December 2023

Register of Persons Holding a Controlled Interest in Land – Implications for Unincorporated Associations

September 2023

Golfers v the PGA European Tour: Participation in LIV – out of bounds

June 2023

Exploring IR35 and tax status in sport

June 2023

Brand protection in sport: knowing when to take action, and when not to

April 2023

Employee burnout: causes, costs and cures

March 2023

Can a slogan be registered as a trade mark?

March 2023

Luxury brands take significant steps forward in anti-counterfeiting

March 2023

Is the UK edging closer to a four-day working week?

February 2023

Employees going through the menopause – what should SGBs be mindful of?

February 2023

Alcohol advertising and promotion

January 2023

The Scottish Government is currently consulting on proposed changes to the advertising and promotion of alcohol. The proposals include the end or significant restriction of alcohol promotion in both traditional print and online media, TV and radio advertising and sports sponsorship. As well as affecting media revenue streams, this could have a significant impact on sports teams at all levels that rely on sponsorship income. Retailers could be also forced to renovate their shop premises to re-merchandise alcohol in specific areas. As a result, licensing authorities could face a large volume of applications to change licence layout plans.

The consultation runs until March, meaning the earliest a Bill might appear is the autumn session of the Scottish Parliament. Although this might mean that there is not direct impact until late 2023 or early 2024, businesses and organisations that may be affected may consider it wise to contribute to the consultation to ensure their views are properly heard.

Contact our head of licensing Andrew Hunter for more information.

USEFUL LINK

What an SGB can do if an employee is absent without notice?

Update September 2022

Priority visa processing reintroduced

Update September 2022

Focus on Equality & Discrimination

Update September 2022

Does your sports club hold any property “in trust”?

Update August 2022

Being Fraud Aware

Update January 2022

Several sports clubs and organisations, as with many businesses, have recently been the target of a convincing scamming campaign. Club treasurers received emails from what appeared to be their individual club presidents, asking for a payment to be sent to specific bank details.

Most who received the email followed this up by checking with the president or another official, before making any payment, which alerted them to the fact that it was a scam. However, it was particularly convincing and unfortunately a couple of clubs were caught out.

This is a serious issue affecting businesses and organisations across a variety of sectors. Scamming campaigns are becoming increasingly common and more difficult to spot.

Police Scotland has posted helpful advice that should be circulated around your business and highlights key points to consider and what to look out for to avoid becoming a victim of fraud.

Additionally, it is very important to follow your bank’s specific guidance on how best to avoid being scammed. This is crucial because, if in the unfortunate case you are caught out and lose money, if you have followed all bank promoted guidance it is more likely that the bank will provide a reimbursement and the losses are recovered.

This is an issue that is rapidly changing and becoming more and more prevalent. It is very important that all organisations are live to the most recent types of scams and the most up to date guidance for how best to spot and avoid.

Useful Links:

Briefing

Briefing papers

Data protection

Overview

Subject access requests – FAQs Nov 23 DOWNLOAD
Subject access requests training webinar Nov 23 WATCH NOW
What happens to my digital profiles when I die? Sept 22 DOWNLOAD
Data protection reform proposals Aug 22 DOWNLOAD
GDPR Developments May 19 DOWNLOAD
GDPR FAQs Oct 18 DOWNLOAD
Data Protection for Sports Governing Bodies Mar 18 DOWNLOAD
Key Changes under the GDPR for Clubs Mar 18 DOWNLOAD
Using the Data Processing Templates (Clubs) Mar 18 DOWNLOAD
Using the Data Processing Templates (SGBs) Dec 17 DOWNLOAD
Key Changes under the GDPR for SGBs Dec 17 DOWNLOAD

Safeguarding / Investigations

Overview

The use of photographic and video images of
children and young people
Jul 18 DOWNLOAD
Witness preparation – dos and don’ts Oct 17 DOWNLOAD

Corporate governance

Overview

Incorporating your club Aug 22 DOWNLOAD
Directors Duties Aug 20 DOWNLOAD
Top 5 tips when thinking about charitable status Jun 19 DOWNLOAD
Copyright License Advice Note Oct 18 DOWNLOAD
Persons of Significant Control Oct 16 DOWNLOAD
Club transfer process Dec 20 DOWNLOAD

Employment

Overview

Key Considerations in becoming an employer Mar 19 DOWNLOAD
Amending the contract of employment for the
purposes of GDPR
Apr 18 DOWNLOAD
General Honorariums Nov 16 DOWNLOAD

Guides

Guides

Data protection

Guide

Data Protection for Sports Governing Bodies
– An Introductory Guide
Jul 17 DOWNLOAD

Equality

Guides

Positive action in sport – breaking down barriers and promoting sport to all Nov 16 DOWNLOAD
Equalities issues in sport – An introductory guide for governing bodies May 16 DOWNLOAD

Corporate governance

Guide

Legal Awareness Register – guide to legislation and codes applicable for SGBs and monitoring legal risk Nov 16 DOWNLOAD
Club transfer process Dec 20 DOWNLOAD

Hybrid working

Update

Scottish Government’s guidance for office working now published Jan 22 DOWNLOAD

Templates

Templates

Data protection

Templates

 

Clubs Privacy Notice Wording Mar 22 DOWNLOAD
Clubs Privacy Notice Wording for Employees Mar 22 DOWNLOAD
Clubs Data Processing Agreement Mar 22 DOWNLOAD
Example Data Processing Clauses for Clubs Mar 22 DOWNLOAD
Example Privacy Notice for Club Members Mar 22 DOWNLOAD
SGB template Data Processing Agreement Mar 22 DOWNLOAD
Example Data Processing Clauses for SGBs Mar 22 DOWNLOAD
Example Privacy Notice for SGB Members Mar 22 DOWNLOAD
SGB Privacy Notice Wording Mar 22 DOWNLOAD
SGB Privacy Notice Wording for Employees Mar 22 DOWNLOAD
Data Protection Policy Jun 20 DOWNLOAD

 

Safeguarding / Investigations

Templates

Investigation Report  Jan 23 DOWNLOAD
Letter to Witnesses re: giving evidence at tribunals Oct 17 DOWNLOAD

Corporate governance

Templates

Non-Executive Director-Appointment Letter Nov 22 DOWNLOAD
Draft letter of appointment Nov 22 DOWNLOAD
Questionnaire for the review of a governing body’s articles of association Oct 15 DOWNLOAD

ARTICLES

Articles of interest

Do you know your NFT’s?

January 2023

In this article, Jamie Watt explains everything about Non-fungible Tokens (NFTs), how to buy one, how to monetize your Intellectual Property through NFTs, and the trademark issues associated with them.

Competition law & sport

January 2023

Court of Justice of the European Union delivers significant opinions for sporting competitions.

Read the article

Short Pay?

June 2019

Sport briefing: deductions from pay for the purchase of season tickets by employees have been held not to infringe the national minimum wage legislation, though only one of the arguments succeeded.
The Journal

Read the article

Videos

Training

GDPR

Overview

GDPR Refresher Module 1 Jun 20 WATCH
GDPR Refresher Module 2 Jun 20 WATCH
GDPR Refresher Module 3 Jun 20 WATCH
GDPR Refresher Module 4 Jun 20 WATCH
GDPR Refresher Module 5 Jun 20 WATCH

Governance

Overview

Organisational Structures Aug 22 DOWNLOAD

Documents

Useful documents

Guides

Links to documents

Equality

Positive Action in Sport – breaking down barriers and promoting sport to all Nov  16 DOWNLOAD
Equalities Issues in Sport – An introductory guide for Governing Bodies May 16 DOWNLOAD

Corporate governance

Legal Awareness Register – Guide to legislation and codes applicable for SGBs and monitoring legal risk Nov 16 DOWNLOAD

 

COVID-19

Coronavirus updates

Data Protection

Updates

What clubs need to know about coronavirus and data protection 18 Mar 20 DOWNLOAD

Employer obligations

Updates

Employers obligations 19 Mar 20 DOWNLOAD
10 key legal points for employers due to coronavirus
school closures
19 Mar 20 DOWNLOAD
Emergency volunteer leave 26 Mar 20 DOWNLOAD
Holidays 26 Mar 20 DOWNLOAD
Home working guidance 26 Mar 20 DOWNLOAD
Coronavirus job retention scheme (CSJR)
& Furloughed Workers (FW)
27 Mar 20 DOWNLOAD
Protection for self employed and free lancers 27 Mar 20 DOWNLOAD
Employment frequently asked questions (FAQs) 1 Apr 20 DOWNLOAD
Supporting employees 3 Apr 20 DOWNLOAD
Supporting employees and self employed coaches 3 Apr 20 DOWNLOAD
Right to work checks 3 Apr 20 DOWNLOAD
Changes to working time regulations 3 Apr 20 DOWNLOAD
Furlough – grant funding 6 Apr 20 DOWNLOAD
Further guidance: Coronavirus job retention
scheme (CSJR) & Furloughed Workers (FW)
6 Apr 20 DOWNLOAD
Latest Coronavirus job retention scheme update
8 April
8 Apr 20 DOWNLOAD
Latest Coronavirus job retention scheme update
14 April
14 Apr 20 DOWNLOAD
Latest Coronavirus job retention scheme update
17 April
17 Apr 20 DOWNLOAD
Coronavirus job retention scheme now live 20 Apr 20 DOWNLOAD
Working safely during and after the pandemic 20 Apr 20 DOWNLOAD
Coronavirus: New restrictions on workplaces 22 Apr 20 DOWNLOAD
Further guidance – Coronavirus job retention scheme (CSJR) 30 Apr 20 DOWNLOAD
HM Government announces ‘COVID Secure’
Guidance to businesses – Offices & Contact Centres
13 May 20 DOWNLOAD
Coronavirus: Updated Treasury Directions for
Coronavirus Job Retention Scheme
26 May 20 DOWNLOAD
Coronavirus: Scottish Government announces Test
and Protect advice for employers
27 May 20 DOWNLOAD
Chancellor announces changes to Coronavirus Job Retention Scheme from July 29 May 20 DOWNLOAD
Latest Coronavirus job retention scheme update
15 June
15 Jun 20 DOWNLOAD
Latest Coronavirus job retention scheme update
– flexible furlough scheme now live
1 Jul 20 DOWNLOAD
New Jobs Support Scheme to replace Coronavirus
Job Retention Scheme
24 Sep 20 DOWNLOAD

Financial support

Updates

How to access government financial support 19 Mar 20 DOWNLOAD
Business support information from the Scottish Government including property information 20 Mar 20 DOWNLOAD
Insurance Implications 26 Mar 20 DOWNLOAD
Business awareness – court system 8 Apr 20 DOWNLOAD
In tense times, tensions and disputes can arise.
What are the options?
22 Apr 20 DOWNLOAD
Business Awareness – update on court system 30 Apr 20 DOWNLOAD

General meetings

Updates

Coronavirus and general meetings 1 Apr 20 DOWNLOAD
UPDATE: Proposed legislation for companies, registered societies and SCIOs 22 May 20 DOWNLOAD
Coronavirus and general meetings update
– Corporate Insolvency & Governance Act 2020
1 Jul 20 DOWNLOAD

Property issues

Updates

Rent suspension or deferral during the Coronavirus pandemic 30 Apr 20 DOWNLOAD
Can sports facilities be re-opened yet? 15 May 20 DOWNLOAD

 

Sports events

Updates

Coronavirus, sports events, frustration and force majeure 18 Mar 20 DOWNLOAD
Event organisers guidance note 19 Mar 20 DOWNLOAD

Sports related issues

Updates

Conduct in sport matters 26 Mar 20 DOWNLOAD
Safeguarding and disclosure checks 26 Mar 20 DOWNLOAD
Sport club guidance 27 Mar 20 DOWNLOAD
Anti-doping during the pandemic 20 Apr 20 DOWNLOAD
Guidance on the phased return of sport and recreation 18 May 20 DOWNLOAD
Government announces further restrictions on
sport, exercise and leisure
12 Oct 20 DOWNLOAD

CONTACT US

Glasgow Edinburgh Inverness Elgin Thurso Shetland
Get in touch

SGBs can access the helpine by completing the form below or calling 0141 227 9333.

Speak to us today on 0330 159 5555

Get in touch

CONTACT US

SGB helpline

Submit your enquiry by completing the form below.