This Practice Note examines the legal issues that arise when engaging an apprentice in Scotland. Introduction to apprenticeships in Scotland The contract of apprenticeship has its origin in Scotland in the middle ages where its purpose was to monopolise the art or business practised in certain trades. As long ago as the early 19th century, courts were being asked to distinguish between contracts of apprenticeship and other contracts, usually of employment. That question has continued to be asked. The Scottish Modern Apprenticeship regime is very different and widespread. It is in large part state assisted as part of an effort to match skills with the needs of business and industry. Modern Apprentices learn both ‘on the job’ and from colleges and universities. The apprenticeship is overseen by training providers. Modern contracts are often tripartite involving employer, apprentice and trainer. Legal framework for common law apprenticeships A contract of apprenticeship, while it may include a contract to work for hire, is primarily a contract to teach and to learn a certain trade or handicraft. It

An agreement on the terms of a contract offer will only become a binding contract capable of being enforced if that offer has been accepted. This Practice Note considers what may amount to contractual acceptance, how it may be communicated and when it can be retracted. For guidance on understanding when an offer, capable of acceptance, has been made, see Practice Note: Forming enforceable contracts—offer. Note: Part 36 settlement offers made under CPR 36 operate outside the general rule of contract law and are governed by the specific regime set out in CPR 36. For guidance on accepting a CPR 36 offer, see Practice Note: Part 36 offers—how and when to accept a Part 36 offer. What do we mean by an acceptance of an offer? Acceptance is the final and unqualified expression of assent to the terms of a contract offer. Note: it is not possible to accept an offer which is no longer open for acceptance—for guidance, see Practice Note: Forming enforceable contracts—offer—How do you terminate an offer? The following will not

For all categories of worker, including those on zero hours contracts, paid holiday entitlement is determined in accordance with the relevant provisions of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, and sections 221–224 of the Employment Rights Act 1996 (ERA 1996). See Practice Note: Statutory paid holiday—the right. Holiday pay must be paid at the rate of a week's pay for each week of leave. As a zero hours employee or worker will have no normal working hours, a week's pay is calculated, under ERA 1996, s 224 and WTR 1998, SI 1998/1833, reg 16(3)(e), as the average weekly remuneration (ie, for the average weekly normal hours at the average hourly rate) over the previous 52 working weeks (or, if the employee has been employed for a lesser period, to the period of complete weeks for which they have been employed), counting backwards from the first day

1 The Contractor irrevocably waives, and shall procure that each of its sub-contractors

Stamp duty land tax (SDLT) is generally calculated by reference to the chargeable consideration given for the subject matter of a chargeable transaction, directly or indirectly, by the buyer or a person connected with the buyer. This is subject to market value charges that apply in certain circumstances. For further details of the market value rules, see Practice Note: SDLT chargeable consideration. Chargeable consideration has a particular meaning for SDLT purposes. Chargeable consideration includes not only money or money’s worth but also other means

The International Centre for Settlement of Investment Disputes (ICSID) has published its first comprehensive study on contract-based ICSID arbitration, together with a special edition of its caseload statistics and revised Model Clauses for Contracts. The study analyses 175 contract-based cases registered under the ICSID Convention and Additional Facility, including 29 pending and 146 concluded cases as at 31 December 2025, and finds that contract-based proceedings account for 16% of ICSID’s caseload, are concentrated in Africa and South America and the oil, gas and mining sectors, are less likely than treaty-based cases to fail on jurisdictional grounds, are more frequently settled or discontinued, are resolved more quickly on average, have higher claimant success rates on liability and damages, and show a 92% voluntary compliance or settlement rate where outcomes are known. ICSID also updated its Model Clauses for Contracts for the first time since 1993, providing standard drafting language for arbitration, conciliation, mediation and fact-finding proceedings, including provisions on consent, jurisdiction, applicable law and other procedural matters that parties may adapt for investment contracts.

This Q&A assumes that: • consumer credit legislation is not considered within this response and may impact the analysis • it is assumed that the consumer in this scenario is an individual whose trade, business, craft or profession is materially separate from the car they are buying in this contract, as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134, reg 4. It also assumed that this scenario describes an outright purchase, as the Regulations do not apply to regulated credit agreements (which fall under the Consumer Credit Act) CCR 2013, SI 2013/3134 regulate three different types of contracts between traders

1 The Employer may terminate the Consultant’s appointment

In circumstances where money has been paid for goods or services in advance, and the goods or services are not provided, there will be an unjust enrichment or restitution claim to recover the monies paid on the basis of a total failure of consideration (money had and received). In addition, if (as will usually be the case) the money was paid pursuant to a contract for the provision of

An agreement will be subject to the security of tenure granted by the Landlord and Tenant Act 1954 (LTA 1954) if it meets the conditions set out in LTA 1954. In summary, there must be: • a fixed term or periodic tenancy • the tenant must occupy at least

A contract between a service provider and its customer, through which the service provider agrees to carry out a service for the customer. Examples include consultants and caterers.

Under the Financial Services and Markets Act (FSMA) 2000, a contract of insurance is any contract of insurance which is a contract of long term insurance or a contract of general insurance.