Looking at legal responsibilities
Are you up to date with your legal responsibilities? If you handle food, work with volunteers or deal with people's personal contact information over the phone there are duties you will be expected to carry out. To be safe, read through the information below and check you are up to date with your legal responsibilities.
Handling food
Food business operators should ensure their employees and volunteers are trained to a level commensurate with work activity. Anyone on the periphery of handling food should be trained to the level of 'Introduction to Food Hygiene'; this includes play staff, delivery staff and administrators. Anyone handling food should be trained to the level of 'Elementary Food Hygiene'. 'Elementary Food and Health' is about nutrition and is aimed at anyone involved with food. The cost of courses is dependent on the delivery centres. Visit The Royal Environmental Health Institute of Scotland’s (REHIS) website to find delivery centres and courses.
Working with the public
It is not yet a legal responsibility but it is highly recommended that anyone working with the general public applies for a Basic Disclosure certificate. For those people working with children it is a legal responsibility to have an Enhanced Disclosure certificate. It may soon be law for people working with vulnerable adults to have Enhanced Disclosure. Both Basic and Enhanced Disclosure are £20. Basic Disclosure can be applied for over the internet and forms for Enhanced Disclosure should be requested from Disclosure Scotland.
Becoming a charity
If you want your project to be recognised as a charity you need to gain charitable status. To do this you must apply to the Office of the Scottish Charity Regulator (OSCR).
Employing people
Employment law gives employers responsibilities and employees rights. The Advisory, Conciliation and Arbitration Service (ACAS) has a very useful website with information to download on all aspects of employment law from paternity leave and redundancy.
Dealing with contracts
If you have a lease for a building, provide a contracted service or contract a consultant, it is your responsibility to check that the contract suits your requirements before you sign. For advice on contracts your first port of call should be your local solicitor. You can find a solicitor in your area through the Law Society.
Insurance
It is the responsibility of your project's management committee to make sure you have adequate insurance which complies with relevant legislation. For a list of compulsory insurance, highly recommended insurance and other types of insurance have a look at the list of SCVO's website.
Property
Your project may lease or own a property. SCVO has put together a useful checklist of all the things you should take into consideration concerning property.
Health and safety
Health and safety is highly regulated. The Health and Safety Executive has a ten-point list of what you must do, gives advice and tools to help you meet your key health and safety responsibilities, including a health and safety policy template. Go to the 'Getting started' section of its website.
Organising an event
In addition to health and safety and insurance which are covered in the sections above, you should contact your local authority for a licence and inform the police if you are using a public space.
Equal opportunities and disability discrimination
The Disability Discrimination Act 2005 and the Equality Act 2006 apply to everyone. The Equality and Human Rights Commission, who have an office in Glasgow, is a one-stop shop for all information on equality and disability rights. You can call the helpline 0845 604 5510 or submit a query on the website which has a digest of Scottish legislation.