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BTO Solicitors LLP

48 ST VINCENT STREET, GLASGOW, G2 5HS, SCOTLAND
Tel:
Work 0141 221 8012
Fax:
Fax 0141 221 7803
DX:
GW96 GLASGOW
Email:
Web:
www.bto.co.uk
Edinburgh, Glasgow

Marion Davis

Tel:
Work 0141 221 8012
Email:
BTO Solicitors LLP

Work Department

Charities, Social Housing, Procurement

Position

Associate

Experienced in charity and public law matters, Marion is one of the few solicitors accredited by The Law Society of Scotland as a specialist in charity law. She provides corporate, governance and business advice in relation to charities, social housing, regeneration, local authority and regulatory matters, including regulatory intervention. Many clients seek Marion’s advice on: becoming a charity; SCIOs and other constitutions for charities; non-charitable trading; proposed activities for charities and subsidiaries; contracts; policies; regulatory and governance issues. She also advises charities and trustees on applications for reorganisation under the Charities legislation or change of legal form, which are often complex and can involve more than one charity. E.g. assisting a large unincorporated association to transfer into a company where, as well as charity regulatory requirements, there are specific requirements to meet in order to manage historic pension liabilities. As charities often work within group structures, Marion advises on group arrangements, e.g. finalising an Independence Agreement to set out how the different organisations (charity and non-charity) work together. Marion also regularly provides training on charity law and good governance for clients and others, including the Legal Services Agency. Having completed a secondment with the charity regulator in 2012, Marion has particular insight into the Scottish charity regulation.

Career

BTO Solicitors LLP (2002-present); trainee and then solicitor, Aberdeen City Council (1997-2001).

Member

Law Society of Scotland

Education

Aberdeen University – MA (Hons), Mathematics and Philosophy (1991); Glasgow University – LLB (1996); Glasgow University – Diploma in Legal Practice (1997)

Leisure

Board member of Project Ability Limited.


Scotland: Private client

Charities and not-for-profit

Within: Charities and not-for-profit

BTO Solicitors LLP advises a broad range of clients on their transition to charitable status, as well as on governance and day-today- charitable operations, reorganisation applications to the OSCR, and regulatory matters. Karen Brodie and practice head Patrice Fabien supported Southside Housing Association with its application for Big Lottery funding for a new community hub project, and on several other governance and procurement matters. Jeremy Glen assisted the Peter Vardy Foundation with the incorporation and registration of a new SCIO. David Hoey handled the University of Strathclyde Students’ Association’s transformation into an incorporated company structure. Associate Marion Davis is recommended for her expertise in charity structures, governance and regulatory issues.

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Scotland: Public sector

Education

Within: Education

BTO Solicitors LLP¬†handles the spectrum of education sector work, but it excels in employment, cyber security and data protection matters (for which it is noted as ‚Äėoutstanding‚Äô), where it is instructed by a variety of major Scottish educational establishments. Team head David Hoey¬†has an ‚Äėin-depth‚Äô knowledge of the Equality Act, and is experienced in representing institutions before the Sheriff Court and specialist tribunals. He advised the University of Strathclyde Students‚Äô Association (USSA) on the employment aspects of an asset transfer, which included TUPE and employment processes. Associate Marion Davis¬†is assisting the USSA with various aspects of its move to an incorporated company structure. Data protection and cyber security expert¬†Laura Irvine¬†advised a Scottish college on data protection concerns, including the Named Persons Legislation, complex subject access requests, consent forms and some GDPR compliance issues. She is currently advising the Glasgow Academy on the implementation of GDPR throughout the school, and the legal basis for processing fair notice provisions, contracts, fundraising and data retention.

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Scotland: Real estate

Social housing

Within: Social housing

BTO Solicitors LLP has been engaged in the social housing sector for four decades, and its team has a first-rate reputation in strategically significant mandates. Karen Brodie, and associates Marieclaire Reid and Lesley Gray, have been advising Clyde Valley Housing Association Limited on the acquisition of a number of development sites as part of its ambitious development programme. The team has also acted for Southside Housing Association in various matters; Brodie is assisting the client with a community hub project, which will receive Big Lottery funding and will be taken forward with another local community organisation. Team head Patrice Fabien recently advised the same client on governance issues, including updates to its Code of Conduct for Governing Body Members, and on a response to a complaint by a bidder over the client's approach to a procurement exercise. Grant Hunter oversees the firm's RSL litigation work and is experienced in disputes arising from tenancy breaches, stock transfers and development projects. Caroline Carr and Marion Davis are accredited by the Law Society of Scotland as specialists in employment law and charities law respectively, while consultant Ann O’Connell is an accredited construction law specialist. David Young is knowledgeable about debt recovery, tenancy litigation, factoring and ASBOs. Sandra Cassels and Paul Motion are also recommended.

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