Legal Framework, Business Impact and Solutions for Potato Council UK

This report delves into the legal framework governing the UK Potato Council, exploring the role of the legal system, the potential impact of law on business operations, and appropriate legal solutions for various challenges. It examines the council's regulatory environment, including employment legislation, contract law, and statutory law, while also highlighting the significance of lobbyists in influencing legislation. The report contrasts the rights and responsibilities of employed versus self-employed individuals, analyzing the financial and legal implications for the council. Furthermore, it outlines the steps involved in business registration, and offers legal solutions to business problems. The report also discusses the advantages of Alternative Dispute Resolution (ADR) systems and government support for the potato industry, providing a comprehensive overview of the legal aspects affecting the UK Potato Council. The report is a valuable resource for students on Desklib.

LEGAL FRAMEWORK
AND LEGAL SOLUTIONS

TABLE OF CONTENTS
INTRODUCTION......................................................................................................................3
LO1 ROLE OF THE LEGAL SYSTEM...................................................................................3
LO 2 POTENTIAL IMPACT OF LAW ON BUSINESS.........................................................5
LO 3 APPROPRIATE LEGAL SOLUTION TO BUSINESS PROBLEMS............................6
LO 4 RECOMMEND APPROPRIATE LEGAL SOLUTIONS BASED UPON
ALTERNATIVE LEGAL ADVICE PROVIDED.....................................................................8
CONCLUSION..........................................................................................................................9
REFERENCES.........................................................................................................................10

INTRODUCTION
Legal frameworks are the regulations made by the government through which the
judgements are made in the legal case. This report focuses on the potato council of UK and
their regulatory framework. The council has been established in UK to promote the benefits
of potato to the farmers and to achieve the competitive advantage. Besides this, the report
will stress on the role of the legal system in the organization and several laws conducting by
the government for safeguarding the workers. Further, role of Lobbyists in passing the bill in
has been focused. It has been witnessed that role of Lobbyists is main in passing the bill.
Differentiation between the self employer and employees has been discussed and impact on
law of business has been evaluated. Lastly, advantages of ADR system and different legal
solutions have been described.
LO1 ROLE OF THE LEGAL SYSTEM
Legal system is the system in which the rules and regulations are made by the
government for safeguarding the interests of the individual as well as employees. On the
other hand, another role of the legal system is to curb the unfair practices which are witnessed
in the council (Hudec, 2010). The potato council is the organization whose main aim is to
develop competitiveness and sustainability for the potato growers. Besides this, there are
several rules and regulations which are made by the government.
There are several different sources of laws which include legislations, case laws,
customs etc. But there are different laws which are made by the government in the potato
council.
 Common law- This law has been developed in the 13th century in this a single case is
decided in the court. Further, in case if the past the similar dispute has been witnessed
then the court will consider the reasoning. In case of the potato council, if any issue
occur then the judge is required to resolve the issue in the court. In the present,
disputes regarding cooks have been witnessing the council.
 Employment legislations- This includes all the employees’ laws regarding protection
etc. in case of government, they have made the laws for the potato farmers so that
they can get benefits (Mahadev and Sterne 2012).

 Contract law- this can be defined as the agreement between the two parties which is
binded by the legal term. In case of the scenario, this can be the agreement between
the potato council and the cooks who are working in it.
 Statutory law-This is the law which is created by the parliament as this is made up of
different legislative and endorsed bodies.
There is major role of government in making the laws and regulations for all individuals.
The main effectiveness of the government is that it gives equal rights to all workers and
further gives protection to them. It can be seen that the government has been providing
regional funding to the farmers for growing potatoes (Reidenberg and et.al., 2013). This gives
the farmers a financial support in carrying out the farming. The rural development
programme for England has been made by the government. On the other hand, potato council
and the food and environment research agency have developed several schemes to reduce the
diseases and pests which destroy potatoes. From this, it can be seen that government is
providing full support to the farmer to grow potatoes. The laws made by the government are
effective because it is promoting potato industry in UK and further helping the farmers to
carry out their farming effectively (Riles, 2011).
Role of the professional lobbyists in passing the bill
Lobbyists can be defined as the individual influences the legislations of the country as
he is one has who has significant role in passing the bill. The role of the professional
lobbyists is to change the norms of the process. He is the one who highlights that a new bill
should be passed or the existing to b changed (Monahan, 2010). The professional lobbyist has
the main role in introducing the new bill. The suggestions are made by the Lobbyists,
constituents and the government but the bill is drafted by the legislators. The initial step is
passing the bill is the first reading in which the Lobbyists role is to find the co-sponsors and
further it helps in drafting the bill. In case of potato council new Lobbyists has been assigned
for passing a new bill. After this, the Lobbyists visit every member of the committee and
further explain the need of bill. In this the Lobbyists email the individuals who are impacted
with the bill and further their issues are communicated to the legislators. If the bill is passed
then it is gone to the second committee (Mayer, 2011). It is not easy for the legislators to pass
the bill. In the second meeting, the Lobbyists give the vote count to the floor manage. The bill
is passed to the several reading and further it is appeared on the house.
The changes or the modifications are suggested by the Lobbyists so it is their duty
explains all the committee members. In the recent time, the potato council has hired new
lobbyists regarding the crops interests, trade issues etc.

LO 2 POTENTIAL IMPACT OF LAW ON BUSINESS
According to the cooks in the potato council they believe that they are employed in
the council. But according to the potato council they are self employed. There is vast
difference between both of them because there are several rights which are given to the
employed workers and not for the self employed ones.
Employed can be defined as the person who is under the employer and gets every
benefit which is attached with the legal rights (Wessel, 2011). On the other hand, self
employed is the one who operates its own business. There are different types of self
employed for example part time, partner in any firm etc. In case of employed the person is
insured if the situation of bankruptcy and corporate liquidation occur. As employment
insurance has been made under the employee rights. Finance will be provided to the
employees but in case of self employed they are not insured and they will not give get money
in case any of the situations occur. In case of self employed person the costs and the expense
are born by the employee only (Von Bogdandy And et.al., 2010). They are required to pay
the advance taxes etc. But on the other hand in case of employee, the costs and expense are
paid by the employer. In case of advance tax payment it is born by the employer and the
employee only get the wages. Besides this, employers are liable for the holidays under the
employment law. For the self employed person there are no laws has been made for getting
the leaves (Peers, 2013).
In an organization, there are several duties which they owe to their employees.
Several benefits are required to be given by the potato council to the cooks in their
organization. The potato council are required to provide the employees with the workers
compensation insurance (Lenk and Duttge, 2014). This includes sick leaves, health insurance
retirement plan, vacation etc. This is important to provide because the government had made
law that the employees should get these benefits.
The HM revenue and the customs website provide the benefits which should be
availed by the employees who are working in the organization. On the other hand, the potato
council are required to provide the employees with the child benefit; the firm are required to
provide them £20.70 to the first child and
£13.70 to the next child. Further, the employees are required to be under the national
insurance plan if he is earning £157 a week. These are some of the duty which has to be
owned by the potato council to their employees (Whittaker, 2012.).

There is huge impact of law on the business because if the workers are self employed
than the potato council is not required to provide them these benefits. But if the cooks are
employed then very benefit and advantage has to be given to them. This will increase the
expense of the business (Potato growers: funding, levies and Cross Compliance. 2017). The
laws which are made by the government are beneficial for the status of the employees
because with this law they get the security. This helps to effectively work in the organization.
In case if the cooks are employed in the potato council then it will be the employer and the
council is required to provide the employees equal rights. In this, the employers need to pay
the PAYE bill to HM Revenue and Custom (Peers, 2013). The reason is that it involves
certain deduction schemes, levy payments etc which the employees are entailed to get. There
are two agreements made one is the PAYE settlement and the other is national insurance. If
in case if the cooks are regarded as the self employers then the employees are liable to pay
the damages (Armah and et.al., 2011). But on the other hand, if the cooks are employed then
the potato council will be liable for the damages.
LO 3 APPROPRIATE LEGAL SOLUTION TO BUSINESS PROBLEMS
Registration of the business requires several steps which are required to be conducted
by the organization. Government has made rules and regulations which are required to adhere
by the authority so that registration of the organization can be successful (Reidenberg and
et.al., 2013). The organization need to be registered under the federal government so that it
can operate its business. There is set procedures which are required to be followed by the
Agriculture Experimental Centre to register as a free standing business organization. These
are as follows:
Selecting the structure of business- In this, the directors are required to select as
which type of business structure is required to be developed by the centre. There are different
types of business structure which includes joint venture, partnership, sole proprietorship etc.
according to the structure of the organization the documents and the laws are determined by
the government (Wessel, 2011). There are different rules for different structure of
organization. Further, the agriculture experimental centre can register in the country, state or
at the federal level. According to the expansion level, the centre needs to submit its
documents.
Selecting name for the business- without the name of the business, the organization
cannot be enrolled. For assigning the name there are different rules for different state as well

as country. The name should not hurt any religious sentiments of the community. Further, it
should not be similar with the name of any other organization (Monahan, 2010). It has been
witnessed that names are rejected by the authority because they are not according to the
regulations of the government. Due to this reason, the centre needs to come some names for
their backup this will help them in avoiding unnecessary issues. Besides the name, there are
different designations which are attached with the organization such as PLC, corporation, Inc
etc (Wessel, 2011).
Registering in state- every state has different procedure for registration. In this case,
the directors are required to take the application form and fill it. With the application form,
the documents required to registering in the state are attached with it (Lenk and Duttge,
2014). Further, in case of the partnership the organization is required to provide more
documents to the state authority.
Internal revenue return- In this, the business is required to obtain the EIN number
which is basically the employer identification number. It is regarded as the security number
for the business (Whittaker, 2012). This organization number is registered under the tax form
and all the transactions are executed with the help of this number. Besides this, there are
several tax reductions which are provided to the business and this is done on the basis of this
number.
License for business- This is the last step in the registration process, in this a license is
obtained by the business (Mahadeva and Sterne, 2012). After competition of all the
formalities, the agriculture experimental centre is required to carry out the actions legally.
The role of the director in the organization is to raise funds in the business. There are
different sources through which the funds can be generated. The main role of the director is
that they are one who makes the strategies and tactics for the organization to make them
successful (Monahan, 2010). One of the most common ways is through allocating the shares.
Through shares, the director gains the funds which are used in operating the activities in the
organization. On the other hand, there are fund raising officers whose job is to raise the funds
for the organization. Besides this, another method for raising the capital is taking loans from
the financial institutions such as banks etc. the advantage is that the organization easily gets
the loan and it is safe. But the disadvantage is that the organization has to pay interest for the
loan taken. Investors are also the individuals which have the main role in the organization as
they are the one who invests in the organization. Their money is used by the firm in operating
their day to day activities. Another method for raising capital in the organization is by issue
of debentures (Von Bogdand And et.al., 2010). This way also the organization can raise the

capital for the firm. Besides this, there are also professional fundraisers who provide funds to
the firm. But the disadvantage is that it is not reliable. So in this case, the organization is
required to take from legal body or raise capital from the issue of shares.
LO 4 RECOMMEND APPROPRIATE LEGAL SOLUTIONS BASED
UPON ALTERNATIVE LEGAL ADVICE PROVIDED
Arbitration can be defined as the method used for resolving the disputes and the issues
outside the outside the court. It is beneficial as in case of court lot of time is consumed and
further the decisions also take time. In this, the arbitrator is the person who settles disputes
between two parties. The nature of the alternative dispute resolution is that the issues are not
carried on to the courts and they are settled (What is alternative resolution, 2017). There are
basically four types of alternative resolution which are negotiation, mediation, collaborative
law and arbitration. There are several advantages of the ADR one is that the process is faster.
In compare to court the date are assigned and then the hearing takes place. Another benefit is
that the case remains confidential between the two parties. This is the most advantageous part
because the firm will not face any issue regarding its goodwill. Another advantage of the
ADR is that it is informal in nature (Mayer, 2011). There are no legal boundaries as well as
according to the time of both the parties the meeting is set. Besides this, the expense which is
carried out in the ADR process is less which is great advantage to the firm. These are the
some of the advantages of ADR.
Further, the arbitration clause has to be designed so that the procedure can be carried
out easily
 In this, first it has to decide that it should be administered or ad hoc. In case of
the administered, it will organize with the help of arbitral institution. Besides
this, in case of ad hoc it will be administered under the arbitral tribunal itself.
 In the next step, method of arbitration and number of arbitrators are selected
 Further, the arbitration rules are required to be adopted. The parties which
chose the arbitrator are required to adopt the rules (Peers, 2013)
 Language has to be specified by the parties so that the procedure can be easily
conducted.
 Seat of the arbitration is required to be decided as where the arbitration would
be held (Riles, 2011).

There are several problems which can arise with the source of legal advice.
Sometimes they are costly and even the proper legal advice is not provided by them (Sources
of legal advice, 2017). Besides the courts etc, there are certain websites which provide legal
advice to the organization. In this case, the fraud also occur which can create issue for the
company.
CONCLUSION
From this report it can be concluded that potato council has to adopt the rules and
regulations which are made by the government. Besides this, if the cooks are employed then
all the benefits regarding insurance and leaves should be given by the organization. In case of
employee, the potato council is the employer who is required to pay the damages and loss to
the firm. Further, different solutions for starting the business have to be effectively complied;
in case any of this is missing then the license will not be given to the organization. Further,
ADR is beneficial for the organization as it saves the time as well as expense of the
organization.

REFERENCES
Books and journal
Hudec, R.E., 2010. Developing countries in the GATT legal system. Cambridge University
Press.
Mahadeva, L. and Sterne, G. eds., 2012. Monetary policy frameworks in a global context.
Routledge.
Reidenberg, J.R. and et.al., 2013. Internet Jurisdiction: A survey of legal scholarship
published in English and United States Case Law.
Riles, A., 2011. Collateral knowledge: Legal reasoning in the global financial markets.
University of Chicago Press.
Monahan, A.B., 2010. Public pension plan reform: The legal framework. Education. 5(4).
pp.617-646.
Mayer, B., 2011. The international legal challenges of climate-induced migration: Proposal
for an international legal framework. Colo. J. Int'l Envtl. L. & Pol'y. 22. p.357.
Wessel, R.A., 2011. The legal framework for the participation of the European Union in
international institutions. Journal of European Integration. 33(6). pp.621-635.
Von Bogdandy, A. And et.al., 2010. Developing the publicness of public international law:
towards a legal framework for global governance activities. In The Exercise of Public
Authority by International Institutions (pp. 3-32). Springer Berlin Heidelberg.
Peers, S., 2013. Towards a New Form of EU Law?: The Use of EU Institutions outside the
EU Legal Framework. European Constitutional Law Review. 9(1). p.37.
Lenk, C. and Duttge, G., 2014. Ethical and legal framework and regulation for off-label use:
European perspective. Therapeutics and clinical risk management. 10. p.537.
Whittaker, S., 2012. The proposed ‘Common European Sales Law’: Legal framework and the
agreement of the parties. The Modern Law Review. 75(4). pp.578-605.
Armah, F.A. and et.al., 2011. Assessment of legal framework for corporate environmental
behaviour and perceptions of residents in mining communities in Ghana. Journal of
Environmental Planning and Management. 54(2). pp.193-209.
Online
Potato growers: funding, levies and Cross Compliance. 2017. [Online]. Available through:
<https://www.gov.uk/guidance/guidance-for-potato-farmers>. [Accessed on 24th
April 2017].
Sources of legal advice. 2017. [Online]. Available through:
<http://hub.unlock.org.uk/knowledgebase/sources-legal-advice/>. [Accessed on 24th
April 2017].

What is alternative resolution. 2017. [Online]. Available through:
<http://hirealawyer.findlaw.com/choosing-the-right-lawyer/alternative-dispute-
resolution.html/>. [Accessed on 24th April 2017].