Legal Services

The Link Group intends to establish a multi-lot Framework Agreement for the provision of Legal Services. The Framework will be divided into 5 lots covering Lot 1 - Corporate Lot 2 - Acquisitions and Disposals Lot 3 - Housing Management and Debt Recovery (East) Lot 4 - Housing Management and Debt Recovery (West) Lot 5 – Development. The Framework will be for a period of 36 months with the option to extend for a further 24 months on a 1 + 1 basis at the sole discretion of the Link Group.

Employment law both contentious and non-contentious including: disciplinary & grievance; terminations; industrial relations; collective consultation; contracts of employment, breach of contract and variation of contract; redundancy; equal pay; discrimination; family friendly policies; the Equality Act; fixed term, part time and working time; PIDA: restructuring and outsourcing; transfers and mergers; TUPE; tribunal procedure and advocacy; frontline HR support and providing opinions, briefing notes, information and training;

Corporate law including: setting up companies (including charitable companies) and limited liability partnerships; joint ventures; acquisitions and disposals of assets and shares; restructurings; shareholder agreements; operating agreements; company secretarial services; advice related to charitable/non-charitable activities/trading; general corporate advice including advice on directors duties and other statutory matters;

Governance including: advice on good practice; statutory / regulatory authority requirements/expectations; benefits as defined in regulatory guidance; Codes of Conduct for governing body members;

Commercial contracts including: contracts for supply of goods and services; events, sponsorship, advertising and funding agreements; housing association legislative compliance and trading powers; joint working and partnership agreements; consumer credit legislation and compliance; Data Protection; FCA registration and compliance; ad hoc contract law queries;

Banking including: advising on loan facility agreements with lenders; re-structuring facilities; security arrangements; bond issues and institutional investment;

Intellectual Property including: trademark, patent, copyright and design right protection and enforcement; IP commercialisation and licensing;

Procurement and Competition Law including: EU procurement and competition regulation compliance; best value requirements; alternative business models and outsourcing; general advice on all aspects of procurement law and best practice;

Litigation including: litigation related to all areas of Link business (including contractual actions); debt recovery; inhibitions; interdict; statutory enforcement proceedings; statutory appeals; Judicial Review; Guardianship Orders and Intervention Orders under the Adults with Incapacity (Scotland) Act 2000; advice related to the Protection of Vulnerable Groups (Scotland) Act 2007; pursuing/ defending reparation actions (including personal injury)

Consumer Credit including: advising on whether activities carried out or proposing to be carried out by Link requires a consumer credit licence including liaising with the Office of Fair Trading.

Regulated Activities including: advice on regulation with the Scottish Housing Regulator, Office of the Scottish Charity Regulator, Care Inspectorate and the Financial Conduct Authority and what constitutes regulated activities including compliance with the regulatory body requirements.

Mergers & Acquisitions including: advising on appropriate group structures and how to manage group expansion.

Pensions including: admission agreements; calculation of pension loss; general pension law advice; Scottish Housing Association Pension Scheme queries; Court actions; pension fund governance; liability limitation.

Data Protection including: compliance with legislation and good practice, managing data protection queries and requests for information

Health and Safety including advice relating to the application of health and safety legislation relating to Link’s service delivery activities; legislation relating to Link’s role as an employer and; support and guidance in relation to engagement with the Health and Safety Executive.