Independent contractor agreement template for Scotland
A independent contractor agreement drafted under the law of Scotland. Below: what it is usually called here, what the legislation says, and the governing-law clause this draft prints.
What is a independent contractor agreement called in Scotland?
In Scotland this is usually called a contractor agreement (or consultancy agreement).
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What changes under the law of Scotland?
Scots law has its own rules on execution and delivery. The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 means each party can sign their own copy and deliver it electronically, which suits remote contractors.
In Scotland, a document may be executed in counterpart, and a traditional or electronic document may be delivered electronically.
Statutory interest on late payment of commercial debts is set by order under the Late Payment of Commercial Debts (Interest) Act 1998; gov.uk states the rate as 8% plus the Bank of England base rate.
This agreement is governed by the law of Scotland. The parties submit to the exclusive jurisdiction of the Scottish courts.
In Plain English: if there is a dispute, the law of Scotland decides what the contract means, and the named courts hear it. It does not say this is the right choice for you; that depends on where the parties are and what they agree.
The other clauses, in Plain English
Legal wording · example
1Status
The Contractor is an independent contractor. Nothing in this agreement creates an employment relationship, partnership or agency.
In Plain English
The contractor runs their own business; this is not a job. The label helps, but how the work really happens matters more.
Legal wording · example
2Work product
The Contractor assigns to the Company all intellectual property rights in the Work Product on creation, in consideration of the Fees.
In Plain English
What the contractor makes for you belongs to you once it is created and paid for under the agreement.
Can a Scottish contractor agreement be signed in counterpart?
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Yes. The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 allows execution in counterpart and electronic delivery.
Can I charge interest if the invoice is paid late?
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Between businesses, statutory interest is available under the Late Payment of Commercial Debts (Interest) Act 1998. gov.uk states the rate as 8% plus the Bank of England base rate. A contract can also set its own rate.
Is a Scottish contract different from an English one?
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Scots law is a separate system. Contracts usually name 'the law of Scotland' rather than 'UK law'.